HomeMy WebLinkAboutCity Council - 02/06/1996AGENDA
SPECIAL CITY COUNCIL MEETING
WORKSHOP TO DISCUSS NSP ISSUES OF UNDERGROUNDING
DISTRIBUTION LINES. FRANCHISE FEES, AND DEVELOPER AGREEMENTS
TUESDAY, FEBRUARY 6,1996
COUNCILMEMBERS:
CITY COUNCIL STAFF:
ROLLCALL
I. CALL MEETING TO ORDER
6:00 I'M, HERITAGE ROOM IV
(5:30 PM, Dinner)
Mayor Jean Harris, Patricia Pidcock, Ronald
Case, Ross Thorfinnson, Jr. and Nancy Tyra-
Lukens
City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Public Works
Gene Dietz, City Engineer Al Gray and Council
Recorder Jan Nelson
ll. DISCUSSION ONNSPISSUES OF UNDER GROUNDING DISTRIBUTION LINES ,
FRANCHISE FEES, AND DEVELOPER AGREEMENTS
ID. OTHER BUSINESS
IV. ADJOURNMENT
AGENDA
JOINT EDEN PRAIRIE CITY COUNCIL AND
HOUSING & REDEVEWPMENT AUTHORITY
TUESDAY, FEBRUARY 6, 1996
COUNCILl\mMBERS:
HOUSING & REDEVELOPMENT
AUTIIORITY MEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLLCALL
7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Patricia Pidcock, Ronald
Case, Ross Thonmnson, Jr., and Nancy Tyra-
Lukens
Jean Harris, Patricia Pidcock, Ronald Case, Ross
Thonmnson, Jr., and Nancy Tyra-Lukens
City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Parks,
Recreation & Facilities Bob Lambert, Director of
Public Works Gene Dietz, City Attorney Roger
Pauly, and Council Recorder Jan Nelson
PRESENTATION OF 1994 OUTSTANDING ACHIEVEMENT AWARD FOR
PEDESTRIAN SAFETY FROM AAA
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. OPEN PODIUM
m. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY. JANUARY 2. 1996
B. JOINT WORK SESSION CITY COUNCIL/HENNEPIN COUNTY
COMMISSIONER RANDY JOHNSON HELD TUESDAY. JANUARY 16.
1996
C. CITY COUNCIL MEETING HELD TUESDAY. JANUARY 16. 1996
D. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, JANUARY 23.
1996
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
City Council Agenda
Tuesday, February 6, 1996
Page Two
B. 1ST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 2.32
FOR ISSUANCE OF CITATIONS
C. RESOLUTION RECEIVING PETITION AND AUTHORIZE FEASmILITY
STUDy FOR PUBLIC IMPROVEMENTS TO HIGHVIEW DRIVE,
LAKELAND TERRACE AND LAKELAND CIRCLE, I.C. 96-5406
D. APPROVE LICENSE AGREEMENT WITH DNR FOR UTILITY
CROSSINGS OF RILEY CREEK IN BEARPA TH 3RD ADDITION
E. APPROVAL OF COOPERATIVE LAW ENFORCEMENT AGREEMENT
F. RESOLUTION AMENDING RESOLUTION NO. 96-1, REGULATING
FEES AND CHARGES FOR MUNICIPAL SERVICES FOR CITY CENTER
AND COMMUNITY ROOMS
G. RESOLUTION AUTIlORIZING TIlE ISSUANCE AND SALE OF
$1,340,000 VARIABLE RATE DEMAND INDUSTRIAL DEVEWPMENT
REVENUE BONDS, SERIES 1996, FOR CHALLENGE PRINTING, INC.
PROJECT
H. 1st READING OF AN ORDINANCE AMENDING PARK USE
ORDINANCE, CITY CODE SECTION 9.04
I. RESOLUTION AMENDING RESOLUTION NO. 96-1, REGULATING
FEES AND CHARGES FOR THE COMMUNITY CENTER
V. PUBLIC HEARINGSIMEETlNGS
A. KINDER CARE -SHADY OAK ROAD by Tandem Corporation. Request for
Zoning District Change from Rural to Neighborhood Commercial on 1.7 acres,
Site Plan Review on 1.7 acres and Preliminary Plat of 4.83 acres into 2 lots.
Location: City West Parkway and Shady Oak Road. (Ordinance for Zoning
District Change and Resolution for Preliminary Plat)
B. ROGER'S COMMERCIAL GUIDE PLAN CHANGE by Roger Lindeman.
Request for Comprehensive Guide Plan Change from Industrial to Neighborhood
Commercial on 1.91 acres. Location: 9125 Flying Cloud Drive. (Resolution for
Comprehensive Guide Plan Change)
City Council Agenda
Tuesday, February 6, 1996
Page Three
C. COLUMBINE TOWNHOMES by Cornerstone/Equities LLC. Request for
Comprehensive Guide Plan Change from Office to Medium Density Residential
on 3.3 acres, PUD Concept Amendment on 15.3 acres" Zoning District Change
from Rural to RM-6.5 on 3.3 acres, PUD District Review on 3.3 acres, Site Plan
Review on 3.3 acres, and Preliminary Plat of 3.3 acres into one lot, and request
of the Council and Housing and Redevelopment Authority for approval of a Tax
Increment Financing (TIF) Plan and Project Plan for the Columbine Townhomes.
Location: Columbine Road, North of the Post Office. (Resolution for
Comprehensive Guide Plan Change, Resolution for PUD Concept
Amendment, Ordinance for Zoning District Change and PUD District Review
and Resolution for Preliminary Plat, and Resolution for thJ City Council
approving Tax Increment Fmancing Plan and Project Plat4 'nd Resolution
for the Housing and Redevelopment Authority (BRA) adopting Tax
Increment Financing Plan and Project Pla~
VI. PA YMENT OF CLAIMS
VIT. ORDINANCES AND RESOLUTIONS
A. 1ST READING OF AN ORDINANCE CHANGING STREET NAME OF
OLD COUNTY ROAD 18
B. 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPI'ER
2. SECTIONS 2.10. 2.16. 2.21 AND 2.29 RELATING TO BOARDS &
COMMISSIONS
vms PETITIONS. REOUESTS AND COMMUNICATIONS
A. REQUEST FROM TOM MORGAN FOR A MARCH 12. 1996 HEARING
DATE TO APPEAL VARIANCE #95-31
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. City Manager Performance Review Process
C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES
1. Letter from Thomas Lindquist regarding Duck Lake
2. Storm Damaged Tree Hauling Policy
City Council Agenda
Tuesday, February 6, 1996
Page Four
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
G. DIRECTOR OF ASSESSING
1. Appointment of Special Board of Review and Setting 1996 Meeting
Date for Thursday. April 25. 1996 at 7:00 PM
XII. OTHER BUSINESS
xm. ADJOURNMENT
TO:
THROUGH:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
Carl Jullie, City Manager
Jim Clark, Chief of POli~
January 18, 1996
SUBJECT: 1994 Outstanding Achievement Award
for Pedestrian Safety
JoAnne Boche, Traffic Safety Manager (for AAA Minneapolis), will present the
City with the 1994 Outstanding Achievement Award for Pedestrian Safety at the
February 6th Council meeting.
Eden Prairie was one of only three communities in Minnesota to receive the
award.
Application for the award was submitted by Safety Education Officer Curt
Oberlander.
Attached you will find supporting information supplied by AAA Minneapolis.
cc Lt. Bosacker
NEWS RELEASE
5400 Auto Club Way. Minneapolis, MN 55416-2576
Minneapolis PHONE (612) 927-2671 • FAX (612) 927-2559
AAA MINNEAPOLIS HONORS EDEN PRAIRIE
FOR PEDESTRIAN SAFETY EXCELLENCE
November 1995
FOR IMMEDIATE RELEASE
Contact: Andrea Carter
(612) 927-2671
AAA Minneapolis recently announced that. the city of Eden
Prairie has earned an Outstanding Achievem.ent Award for
Pedestrian Death and Injury Record in the 56th annual AAA
Pedestrian Protection Program.
This program, designed to stimulate community concerns and
involvement in pedestrian safety, seeks safer conditions for
pedestrians through cooperative action and communication
among local program managers, traffic engineers, police and
safety organizations.
The Pedestrian Outstanding Achievement Award is presented to
only 223 communities in the united states. Just three other
cities in Minnesota received the award this year: Maple
Grove, West St. Paul and Mendota Heights.
-MORE -
PEDESTRIAN PROTECTION PROGRAM/2222
In 1939, the program began in response to pedestrian
fatalities that had reached 12,400 a year. By 1993, the
number of fatalities had been reduced to 5,638 a year, and
the pedestrian death rate continues to decline.
"These cities serve as great examples for other cities in
the state of Minnesota," said JoAnne Boche, traffic safety
manager, AAA Minneapolis. "And as the program continues to
grow and strengthen each year, it proves how dedicated these
communities are to pedestrian safety."
Winners were selected by an independent panel of traffic
safety professionals. The awards will be officially
presented to the police chiefs and mayors of each city by
AAA Minneapolis at a future city coun~il meeting.
AAA Minneapolis is the local affiliate of the American
Automobile Association, a not-for-profit organization
providing motoring, travel, insurance and financial
services to more than 145,000 members in Hennepin County.
###
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 2,1996 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
COUNCILMEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLLCALL
All members were present.
Mayor Jean Harris, Ronald Case, Patricia
Pidcock, Ross Thonmnson, Jr. and Nancy Tyra-
Lukens
City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Parks,
Recreation & Facilities Bob Lambert, Director of
Public Works Gene Dietz, City Attorney Roger
Pauly, and Council Recorder Jan Nelson
PROCLAMATION FOR THE MARTIN LUTHER KING, JR. CELEBRATION
Mayor Harris read the Proclamation declaring January 11, 1996, as a celebration day in honor of
Martin Luther King, Jr.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Tyra-Lukens pulled item IV.B. RESOLUTION 96-01 REGULATING FEES AND
CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES
for discussion. Jullie added item XI.B.2. Award Contract for Service of City's Radio
System. City Attorney Pauly noted that he had distributed a revision for item IV.J.
RESOLUTION 96-09 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE
HOUSING AND REDEVEWPMENT AUTHORITY
MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as
published and amended. Motion carried unanimously.
n. OPEN PODIUM
m. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 19, 1995
Case changed sentence 1, paragraph 7, page 7, as follows: "Case said his
calculations showed Mr. Dietz I s numbers to be an increase of $700 per single-
family platted lot on future developments. "
T[[A I
CITY COUNCIL MINUTES
January 2, 1996
Page 2
MOTION: Pidcock moved, seconded by Case to approve the minutes of the City
Council meeting held Tuesday, December 19, 1995, as published and amended.
Motion carried unanimously.
IV. CONSENT CALENDAR
A. CLERK'S UCENSE UST
B. RESOLUTION 96-01 REGULATING FEES AND CHARGES FOR
BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES
C. RESOLUTION 96-02 DESIGNATING THE OmCIAL CITY NEWSPAPER
D. RESOLUTION 96-03 AUTHORIZING CITY OmCIALS TO TRANSACT
BANKING BUSINESS
E. RESOLUTION 96-04 DESIGNATING DEPOSITORIES
F. RESOLUTION 96-05 AUTIlQRlZING USE OF FACSIMILE SIGNATURES
BY PUBLIC OFFICIALS
G. RESOLUTION 96-06 AUTIIORIZING THE TREASURER TO INVEST CITY
OF EDEN PRAIRIE FUNDS
H. RESOLUTION 96-07 AUTHORIZING PAYMENT OF CERTAIN CLAIMS
BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROYAL
I. RESOLUTION 96-08 AUTHORIZING THE TREASURER OR DEPUTY
TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY
OF EDEN PRAIRIE
J. RESOLUTION 96-09 APPOINTING COMMISSIONERS TO THE EDEN
PRAIRIE HOUSING AND REDEVEWPMENT AUTHORITY
K. RESOLUTION 96-10 CALLING FOR A PUBliC HEARING TO CONSIDER
ESTABLISHING A TAX INCREMENT FINANCING (TIE mSTRlCT
L. EDEN HILLS CONDOMINWMS by Brenwood Development Corporation. 2nd
Reading of Ordinance 1-96 for Zoning District Change from Rural to RM-2.5 on
3.3 acres; Adoption of Resolution 96-11 Approving Site Plan Review and
Approval of a Developer's Agreement for Eden Hills Condominiums by Brenwood
Development Corporation. Location: Franlo Road, south of Prairie Center Drive.
(Ordinance 1-96 for Zoning District Change and Resolution 96-11 for Site
Plan Review)
r----------------------------------------------
CITY COUNCIL MINUTES
January 2, 1996
Page 3
MOTION: Case moved, seconded by Pidcock, to approve Item A, and Items C-L
of the Consent Calendar, with Item B deleted. Motion carried unanimously.
Regarding item B, Tyra-Lukens said the memo does not address some of the
Council's concerns about the historical rationale for the fund balance and how the
fund has been maintained. She asked why we feel we don't need more than a $1
million balance.
Director of Public Works Dietz said he did not hear the request to provide
historical data. He said that last year we discussed a $1 million balance for the
fund, and we need to maintain a balance because we pay bills with the fund. There
are fluctuations in billing for metro sewer and water and we may have a wet year
where we do not sell as much water. He noted that we are recommending we add
5 cents per 1,000 gallons on sanitary sewer, a 1.6% increase.
Thorfinnson said he didn't understand why we don't need the increase that we said
we did before. Dietz replied he was using his own judgment because the balance
appeared to be going down since he became involved in setting water rates two
years ago.
Thorfinnson said he thought the question was what level is required if a reserve is
necessary. Dietz said we talked about maintaining a lower balance in the fund
because we are now trying to make a steady raise in the yearly rates. This will get
us where we need to be in 1988 when the operating costs will be higher. At that
time the new water plant will be on line but we will not yet have the population
numbers to pay for it.
Harris said it would be useful to the Council to have a written report on the history
and a process for ensuring solvency going into the future. Case said he would like
to see future rate increases factored with the forecast as much as possible.
Dietz said he could provide some type of report back but would not be able to
provide a five-year projection for the next meeting. Thorfinnson suggested a five
or ten-year projection be done at the same time as the budget meetings occur and
that cash flow needs would be helpful.
Tyra-Lukens and Thorfinnson agreed to meet with Dietz to discuss the issue in
depth before the report is presented at the next meeting. Dietz will provide long
term projections before the June meetings. Pidcock noted it would be good for the
Council members to understand the items on the utility bill in order to answer
questions from residents.
MOTION: Case moved, seconded by Pidcock to adopt Resolution 96-01 without
Section 2.40.A. User Charges.
CITY COUNCIL MINUTES
January 2, 1996
Page 4
AMENDMENT TO THE MOTION: Case moved, seconded by Pidcock, to adopt Resolution
96-01 Regulating Fees and Charges for Business License Permits and Municipal Services, with
Section 2.40 A. User Charges changed from $2.00 to $1.95. Motion carried unanimously.
VOTE ON THE MOTION AS AMENDED: Motion carried unanimously.
V. PUBliC HEARINGS/MEETINGS
VI. PAYMENT OF CLAIMS
Regarding item 37633, Harris asked why we are purchasing binoculars. Jullie said this
is part of the City's employee recognition program for 25 years of service.
MOTION: Thorfinnson moved, seconded by Pidcock, to approve the Payment of Claims
as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson,
Tyra-Lukens and Harris voting "aye."
vu. ORDINANCES AND RESOLUTIONS
VID. PETITIONS, REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
x. APPOINTMENTS
A. RESOLUTION 96-12 DESIGNATING THE OFFICIAL MEETING DATES,
TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN
1996, AND APPOINTING AN ACTING MAYOR
Harris said the position of Acting Mayor traditionally has been given to the longest
serving Council member.
MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adopt Resolution
96-12 designating the official meeting dates, time and place for the City of Eden
Prairie Council in 1996, and appointing Councilmember Pidcock as Acting Mayor.
Motion carried unanimously.
B. RESOLUTION 96-13 DESIGNATING TIlE DIRECTOR AND ALTERNATE
DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 1996
MOTION: Tyra-Lukens moved, seconded by Case, to adopt Resolution 96-13
designating Mayor Harris as Director and City Manager Jullie as Alternate Director
to the Suburban Rate Authority for 1996. Motion carried unanimously.
CITY COUNCIL MINUTES
January 2, 1996
Page 5
C. APPOINTMENT OF TWO EDEN PRAIRIE REPRESENTATIVES TO mE
SOUTHWEST METRO TRANSIT COMMISSION (1 for a 2-year teon and 1 for a
I-year teon commencing January I, 1996)
Harris said Councilmember Pidcock has been serving as the Council representative to the
Southwest Metro Transit Commission. Pidcock said there was a mix -up in the term of her
representation, so the Councilmember appointment will be for a one-year term only. She
said Jack Provo is interested in serving as the citizen representative for a two-year term.
MOTION: Thorfinnson moved, seconded by Case, to appoint Council member Pidcock
for a one-year term as council representative to the Southwest Metro Transit Commission
from January 1, 1996 to January 1, 1997 and to appoint Jack Provo for a two-year term
as citizen representative from January 1, 1996 to January 1, 1998. Motion carried
unanimously.
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Set the 4th Tuesday of Every Month as a Cjty Council/Staff Workshop
Jullie said staff has not yet developed a schedule of specific topics, but they
would like to set the 4th Tuesday of the month for Council/Staff
workshops.
The consensus was to set the 4th Tuesday of every month as a City
Council/Staff Workshop. Jullie said staff will return with times and topics
at a later meeting.
2. Award Contract for Service of City's Radjo System
Jullie said they have received four bids for the three-year radio service
agreement to cover the 800 Megahertz public system. Staff is
recommending the contract be awarded to Capitol Two-Way
Communications as the lowest bid that was fully responsive to the request.
The bids from two firms were lower than Capital's, but they failed to
provide references as requested.
Tyra-Lukens asked who presently has the contract. Jullie said Capitol
Two-Way presently has the contract.
Pidcock asked if they could be asked to resubmit bids since the
recommended bid is 10% higher than the lowest one. Jullie said that might
be possible, but he noted the amounts of the bids are the worst case
CITY COUNCIL MINUTES
January 2, 1996
Page 6
scenario and the real value of the contract is $25,000 to $30,000. He said
Capitol's current bid is actually less than their previous bid on a similar
contract.
Pidcock asked if it will be possible to get by for $25-$30,000 per year and
why Capitol's bid is now lower than the previous one. Gary Therkelsen,
representing the Police Department, said it may be lower because they want
to remain competitive or because they know the equipment and what some
of the costs will be.
Pidcock asked how the other bids were deficient. Therkelsen said the bids
were judged on five areas of experience that were deemed to be critical for
the service. He reviewed the five areas of experience and how the bidders
were rated in the five areas. Capital Two-Way was the only bidder that had
verified experience in all five areas.
Kim Briden, representing Contact Mobile Communications, objected to the
award and the analysis of the bids. He said they were notified at 4:30 p.m.
today that the award would be made tonight after having submitted their bid
on November 16th. Mr. Briden presented the background on his company
and his employees and the experience they have had with similar systems.
Harris asked why we are acting on this item tonight. Jullie said the present
contract has expired, and we have been dealing with this issue for quite
some time. He said Mr. Pauly reviewed the details and agreed with the
staff recommendation.
Harris asked what our usual process is for notification of a bid award.
Jullie said the dates are usually announced in the RFB. In this case we
asked for an extension to today from each of the bidders. Mr. Therkelsen
was asked to contact each of the bidders to let them know we would be
considering this item tonight. Jullie said this is a critical system and an
extremely important service.
Harris asked how Contact Mobile fared on the five key comparisons.
Therkelsen said the analysis was based on information provided by the
vendors, and Contact Mobile provided no references on three of the five
areas.
Thorfinnson asked if the bidders were expected to respond specifically to
the five areas. Therkelsen said they were asked for references on similar
systems and were given a list of all the equipment in the R.F.B.
Pidcock said she was troubled by Mr. Briden stating they were just notified
at 4:30 this afternoon when the bids were submitted in mid-November, and
she is uncomfortable with awarding this bid. She asked when Mr. Pauly
CITY COUNCIL MINUTES
January 2, 1996
Page 7
reviewed the bids. Pauly said he was aware of the bids last week.
Thorfinnson asked what the consequences are for not awarding the bid.
Therkelsen said Capital Two-Way has been on a time and materials basis
since the first of the year, noting they have achieved competency on the
equipment that is part of this very complicated system.
Harris expressed concern there wasn't earlier notification to the bidders;
however, she was more comfortable with awarding to a higher bidder
because of the sophistication of the system.
Case did not have a problem with selecting a bidder that is higher, but he
did feel the process is being rushed tonight. He thought the process in the
future needs to be handled differently.
Tyra-Lukens was dismayed the bid process was not clear about how the
bidders were to be chosen; however, she thought Mr. Therkelsen was in the
best position to decide.
MOTION: Case moved, seconded by Thorfinnson, to award the contract
for service of the City's radio system to Capital Two-Way Communications
for $50,241.60.
Thorfinnson said he was disturbed by the whole process. If timing was an
issue, then the bids should have been received earlier and the RFB should
have specified the five critical areas and asked bidders to respond to those
areas.
Pidcock was concerned we not be placed in this predicament again, nor
should we hear that a bidder was told five minutes before the closing of
City offices that he was not the successful bidder.
VOTE ON THE MOTION: Motion carried unanimously.
C. REPORT OF DffiECTOR OF PARKS, RECREATION & FACILITIES
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
E. REPORT OF DffiECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
xu. OTHER BUSINESS
Harris asked if the City's sign policy is clear since this is an election year. J ullie said by
lIIA.l
CITY COUNCIL MINUTES
January 2, 1996
Page 8
state law August 1 is the time when election signs may appear. Signs must be removed
within two weeks of the election.
Case suggested we look at this issue in June or July and have Jean Johnson review the sign
policy.
Xill. ADJOURNMENT
MOTION: Thorfinnson moved, seconded by Pidcock, to adjourn the meeting. Motion
carried unanimously. Mayor Harris adjourned the meeting at 8:55 p.m.
UNAPPROVED MINUTES
SPECIAL CITY COUNCIL MEETING
.JOINT WORK SESSION CITY COUNCIL/
HENNEPIN COUNTY COMMISSIONER RANDY .JOHNSON
TUESDAY, JANUARY 16, 1996
COUNCILMEMBERS:
CITY COUNCIL STAFF:
OTHER PARTICIPANTS:
ROLLCALL
6:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Ronald Case, Patricia
Pidcock, Ross Thonmnson, Jr. and Nancy Tyra-
Lukens
City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Public Works
Gene Dietz, City Engineer Al Gray and Council
Recorder Jan Nelson
Hennepin County Commissioner Randy Johnson,
Representatives of Interwest/DLR Group
Infrastructure Corporation and 212 Community
Highway Association
All members were present. Council member Pidcock arrived late.
I. CALL MEETING TO ORDER
Mayor Harris called the meeting to order at 6:15 p.m. She introduced Commissioner
Randy Johnson and noted that this meeting is not a public hearing.
n. PRESENTATION AND DISCUSSION ON PROPOSED NEW T.H. 212 TOLL ROAD
Bob LindaU, Chaska City Council member and President of the Southwest Corridor
Transportation Commission, reviewed the history of the proposed T.H. 212. He said it
is clear funds will not be available for public development of the highway before 2015,
meanwhile population, employment and traffic are increasing dramatically in the area. In
1995 Interwest answered the RFP for a toll road project issued by MNDoT. Interwest will
be presenting their proposal tonight and will be available at a public open house on
Wednesday, February 7, 1996 from 4:00 to 8:00 p.m. in the Heritage Rooms.
Bob Farris, Senior Project Executive on the project, said they have begun the 6O-day
public involvement that is part of the RFP. He reviewed InterwestlDLR Group's
experience in similar projects in several other states and in other infrastructure projects
such as schools. He said a 1991 Act allows alternative funding through a blend of public
funds and private initiative for such projects. Interwest is a developer that works with
1lf B· I
CITY COUNCIL WORKSHOP MINUTES
January 16, 1996
Page 2
local contractors, engineering firms and accounting firms to form a package to present to
the public.
Dan Patsula, representing Interwest, presented traffic study statistics on Highway 5 traffic
volumes.
Farris said they propose to take over the completion of Highway 5 and arrange for a lease
back to MNDoT. The highway would be completed from Wallace Road to Interstate 494
in three years. MNDoT would retire the lease as funds become available. There would
be no tolls on Highway 5. This would allow the highway to be built at 1997 cost figures
and would provide use of the road by 2000, not by 2015 or later as is currently planned.
Farris said Interwest submitted the proposal in conjunction with the community-based, not-
for-profit 212 Community Highway Association. They propose to build a four-lane, full
access-controlled tollway from Wallace Road to Carver County 147 using blended public
and private funds. The 6320 Corporation, a non-profit, single purpose corporation, will
issue bonds for the construction, and MNDoT will be given the option to assume the debt
at net cost and thereby eliminate the tolls.
After the 60-day public involvement process, Farris said they will enter into contract
negotiations with MNDoT. The contract will then be delivered to the Chanhassen, Chaska
and Eden Prairie City Councils and to Hennepin and Carver Counties. At that point any
of the cities can veto the project.
Harris asked if a veto by one city would veto the entire construction. Farris said one veto
would kill it in the entirety.
Harris then asked about the construction schedule for Highway 5 and for 212. Farris said
it is a three-year schedule, with the entire route to be finished by January, 2000. The
work will be completed by one contractor.
Harris asked how long the toll would have to be in place. Farris said it is important to
keep the toll rate as low as possible even though the bond runs longer. The option
provision allows the state to step in and payoff the bonds to remove the tolls if funds
become available.
Thorfmnson asked if there would be a public hearing before the City Council on this issue.
J ullie said they have discussed having a town meeting in order to get some good
community input and also having some type of community survey. Farris said they like
to have open houses in order to provide an opportunity for all people to participate.
Case asked who will control the decision on the toll amount. Farris replied, since it is a
not-for-profit process, the controlling factors are the cost of the project, the cost of
financing and the number of people who use it. They will have to do an investment grade
study to take to the bond houses and will have to know the final costs before MNDoT will
CITY COUNCIL WORKSHOP MINUTES
January 16, 1996
Page 3
be able to set the toll. For planning purposes they are using an estimate of 10 cents per
mile.
Enger asked what happens to this proposal if the Interstate 494 toll road does not go
forward, and who maintains the toll road during the period of private ownership. Farris
replied the project is not linked to the 494 toll road. They anticipate that MNDoT will
maintain the road, but they will provide funds as part of the budget as well as funds for
the highway patrol.
Jullie asked how far the improvements to Highway 5 will go. Farris said it will go from
Interstate 494 to slightly beyond Wallace Road.
Farris distributed a copy of the RFP and a letter with questions and answers about the
project.
Dietz said Staff would prefer to have a town meeting following the open house. Harris
said that seems like a long session if the two meetings are held on the same date. Farris
suggested they work with Staff on that issue.
Councilmember Pidcock arrived at 7: 10 p.m.
Harris asked Interwest to work with Staff and return with a recommendation for the best
way to disseminate information.
ID. OrnER BUSINESS
IV. ADJOURNMENT
Harris adjourned the meeting at 7: 15 p.m.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 16,1996
COUNCILMEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLLCALL
All members were present.
7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Ronald Case, Patricia
Pidcock, Ross ThOlfmnson, Jr. and Nancy Tyra-
Lukens
City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Parks,
Recreation & Facilities Bob Lambert, Director of
Public Works Gene Dietz, City Attorney Roger
Pauly, and Council Recorder Jan Nelson
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added item XI.A.1. Status on Internet. Thorfinnson added item XI.A.2.
Housjng, Tramportation & Social Servjces Survey in Community Newsletter. Jullie
deleted item N.C. RESOLUTION AUTIlQRIZING ACQUISITION OF RIGHT -OF-
WAY FOR SUNNYBROOK ROAD UTILITY CONSTRUCTION, I.C. 945363.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as
published and amended. Motion carried unanimously.
n. OPEN PODIUM
m. MINUTES
W. CONSENT CALENDAR
A. CLERK'S liCENSE LIST
B. RESOLUTION 96-14 APPROVING FINAL PLAT OF MAIL HANDLING
ADDITION (located at the northwest corner of Corporate Way and Martin
Driye)
C. RESOLUTION AUTHORIZING ACQUISITION OF RIGHT-OF-WAY FOR
SUNNYBROOK ROAD UTILITY CONSTRUCTION, I.C. 945363
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CITY COUNCIL MINUTES
January 16, 1996
Page 2
D. SET TUESDAY, FEBRUARY 13, 1996, 5:30 PM, TO INTERVIEW
CANDIDATES FOR BOARDS/COMMISSIONS
E. AWARD BIDS FOR QUARTERLY PARKS AND RECREATION
BROCBURETOGQLDSTARPRUflITNQ
F. RESCHEDULE CITY COUNCIL MEETING OF MARCH S, 1996 TO
MARCH 12, 1996 BECAUSE OF PRECINCT CAUCUSES
Regarding item D, Tyra-Lukens said she will not be in town and expressed
disappointment that Council members were not polled regarding their availability
for the interview session. The consensus was to remove item D from the Consent
Calendar. Staff will poll the Council to set another date.
MOTION: Pidcock moved, seconded by Thorfinnson, to approve Items A, B, E,
and F of the Consent Calendar, with items C and D deleted. Motion carried
unanimously.
v. PUBliC HEARINGS/MEETINGS
A. MErnA PLAY by Musicland Group, Inc. Request for Planned Unit Development
Concept Review on 23 acres, Planned Unit Development District Review with
waivers on 5.6 acres, Zoning District Change from Rural to Commercial Regional
Service on 5.6 acres, Site Plan Review on 5.6 acres and Preliminary Plat of 5.6
acres into two lots. Location: Eden Prairie Marketcenter. (Ordinance 2-96-PUD-
1-96 for Zoning District Change from Rural to Commercial Regional Service
and Planned Unit Development District Review, Resolution 96-15 for Planned
Unit Development Concept Review and Resolution 96-16 for Preliminary Plat)
Carl Paraguay, Director of Architecture and Construction for Media Play, and
Chuck Linwood, Architect, reviewed the proposal for a 45,000 square foot
specialty retailer store. He said there will be a restaurant pad in the southwest
comer of the property.
Enger noted the City occupies the role of regulator of the property for
administration of the roning ordinance and also owns the property. He said, as of
last week, a representative of Media Play's Real Estate Department has said they
cannot go forward with closing of the property scheduled for February. They may
be able to go forward later in the year, but they cannot commit to that. Because
of the large amount of time and effort on this project, Staff recommends we finish
up the review and go forward with Ist and 2nd Readings. In the meantime, the
City expects to continue to market the property.
Enger said the Planning Commission reviewed the project on December 11, 1995,
and recommended approval on a unanimous vote, subject to the recommendations
of the Staff Report of December 8. At this point, Media Play has made all the
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CITY COUNCIL MINUTES
January 16, 1996
Page 3
recommended changes. He said the Parks, Recreation & Natural Resources
Commission did not review the proposal.
Harris asked Ric Rosow if there is any liability for either party if we take this
action. Rosow said this is not something you would do if you were not also the
owner of the property. He noted they have until the 17th to exercise the option.
Pidcock asked if we have changed the rules regarding brick exterior on the lower
portion of the building. Enger said this meets the requirement of 75 % brick, glass
and stone. Pidcock said she thought we had stricter requirements for the Market
Center structures. Enger said we have higher standards as to design of the
buildings, and in this case we did work closely with the architects for design
features and building materials.
There were no comments from the audience.
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public
Hearing; to approve the 1st Reading of Ordinance 2-96-PUD-I-96 for Zoning
District Change from Rural to Commercial Regional Service on 5.6 acres and
Planned Unit Development District Review with waivers on 5.6 acres; to adopt
Resolution 96-15 for Planned Unit Development Concept Review on 23 acres; to
adopt Resolution 96-16 for Preliminary Plat approval on 5.6 acres into two lots;
and to direct Staff to prepare a Development Agreement incorporating Commission
and Staff recommendations. Motion carried unanimously.
B. EDEN PRAIRIE HIGH SCHOOL ADDITION '96 by Independent School
District #272. Request for Site Plan Review and Zoning District Amendment in
the Public Zoning District on 67 acres. Location: North of Valley View Road and
west of County Road 4. (Ordinance 3-96 for Zoning District Amendment and
Resolution 96-17 for Site Plan Review)
Steve Thompson, representing the Eden Prairie School District, reviewed the
proposal. He described the new street access from County Road 4 and reviewed
the building additions.
Harris asked if this is a double road from County Road 4. Thompson said it is.
Pidcock asked if there will be signal lights and tum lanes on County Road 4.
Thompson said there will be a stop light. Pidcock asked if they have considered
a metering system to slow down traffic. Thompson said the road on the east side
of the school out to County Road 4 will not have much student traffic.
Case asked about the demarcation of the City property versus the School District
property on the west of the Community Center. Thompson said the addition to the
Community Center changed that line and it is difficult to view these as two sites.
CITY COUNCIL MINUTES
January 16, 1996
Page 4
Case asked about the ponding to the west of the current retention pond. Thompson
said they have reconfigured the main pond area and added one to the west.
Enger asked Thompson to describe the connection between the existing parking lot
and the school bus access. Thompson said is not intended as a connector for
student traffic, but rather for maintenance, fire access and event access.
Enger said the Planning Commission reviewed the project at their December 11 th
meeting and voted approval on a 5-1 vote, subject to the recommendations of the
Staff Report of December 8, 1995. He reviewed the recommendations of the Staff
Report.
Lambert said the Parks Commission reviewed the proposal at their December 18th
meeting, and recommended approval on a 6-0 vote. He said the Commission was
concerned about connection between the new access road and the main parking lot
for event ingress and egress. They also had concerns about drainage around the
Community Center and Round Lake Park, the need to place nets or fences on the
south end of the soccer fields to protect cars on the access road, and the problems
caused by loss of use of the athletic fields during this season. He said there was
a discussion with Merle Gamm of the School District regarding additional parking
on the site shown as the location for a third ice rink at the Community Center.
That will be made into a temporary parking lot at School District cost, with an
agreement regarding removing the parking lot if a third rink is needed.
John Pollock, 16460 Hillcrest Court, asked what will be done with County Road
4 north of the entrance to the new access road. Thompson said they are currently
discussing the extent of the project with Hennepin County and the City. He said
it appears likely that the four lane portion will continue just to the north of the
intersection; however, there is still the potential to continue it further to the north.
Pollock asked when the plans will be finalized. Dietz said a recent traffic study
looked at the need to put a signal at the intersection. The County has not
programmed any funds for County Road 4. The City has offered to be the lead
agency in getting this work done, and Staff will submit design work for the Valley
View Road and County Road 4 intersection so that can be done concurrently. He
said he doubted the work would get up to the intersection with Hillcrest.
Pollock then expressed concern about saving the oak trees along the edge of the
soccer field. Thompson said all of those trees will be saved. Dietz said we will
do everything we can to save the trees; however there are very tight right-of-way
constructions.
Pollock expressed concern about the lighting of the soccer field as this is the first
time we have heard of such plans. He said he has minutes from the City Council
in which they were promised there would be no lights on the fields since this was
a school facility. Thompson said it would be desirable to have an event soccer
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CITY COUNCIL MINUTES
January 16, 1996
Page 5
field as part of the complex; however, there is no lighting in the current plans.
MOTION: Pidcock moved, seconded by Thorfinnson, to c lose the Public
Hearing; to approve 1st Reading of Ordinance 3-96 for Zoning District
Amendment in the Public Zoning District on 67 acres; to adopt Resolution 96-17
for Site Plan Review on 67 acres; and to direct Staff to prepare a Development
Agreement incorporating Commission and Staff recommendations, with special
consideration to be given to saving the existing trees along County Road 4 at the
entrance to the new street access. Motion carried unanimously.
C. SUNNYBROOK WOODS by Stephen J. Kroiss. Request for Zoning District
Change from Rural to Rl-13.5 on 4.0 acres and Preliminary Plat of 4.0 acres into
7 lots and one outlot. Location: North side of Sunnybrook Road. (Ordinance 4-
96 for Zoning District Change and Resolution 96-18 for Preliminary Plat)
Beth Andrews and Stephen Kroiss, representing proponent, reviewed the seven-lot,
single family development.
Enger said the Planning Commission reviewed the project at their December 11th
meeting and recommended approval on a 6-0 vote, subject to the recommendations
of the Staff Report of December 8, 1995. He referred to the correspondence from
Barry and John Brian Post that was included in the packet, along with the response
from Mike Franzen and the letter from Stewart Fox.
Lambert said the Parks Commission reviewed the project at their December 18th
meeting and recommended approval on a 4-2 vote. Discussion revolved around the
issue of tree loss, and the two "no" votes disagreed with the 42 % tree loss.
Case asked how solid the conservation easements are and what the penalties for
infraction are. Lambert said they are only as good as the neighbors feel is
reasonable. It is on a complaint basis only and if the neighbors support the
easement, they will report infractions. He said people generally save the larger
trees but the underbrush usually disappears.
Barry Post, representing Post Construction Co., said he owns the property across
the street and to the west. He was concerned about the process by which the tree
loss was calculated. He thought they could do six lots and get the 30% tree loss
that is within the limits.
Pidcock was concerned about the 42 % tree loss and asked if there is anyway to
lower that figure. Lambert said we will run into these kinds of situations in the
next few years as we continue to receive in-fill projects with small property owners
who aren't ready to develop at the same time. He said we have to try to save trees
as much as possible while allowing the property owner to use his property.
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CITY COUNCIL MINUTES
January 16, 1996
Page 6
Tyra-Lukens realized the 30% figure is a guide line and an average and she saw
evidence the developer has tried to save as many of the trees as possible.
Pidcock asked if the developer had tried to contact some of the other owners in the
area. Kroiss responded there were some attempts, and they worked with the
Planning Department for quite a while to develop the project as it is.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public
Hearing. Motion carried unanimously.
MOTION: Pidcock moved, seconded by Case, to approve First Reading of
Ordinance 4-96 for Zoning District Change from Rural to Rl-13.5 on 4.0 acres.
Motion carried unanimously.
MOTION: Pidcock moved, seconded by Case, to adopt Resolution 96-18 for
Preliminary Plat of 4.0 acres into seven lots and one outlot. Motion carried
unanimously.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to direct Staff to prepare
a Development Agreement incorporating Commission and Staff recommendations.
Motion carried unanimously.
D. VACATION 96-01: Drainage and Utility Easements on Lot 1, Block 1,
Riverview Heights 2nd Addition (Resolution 96-19)
Jullie said the applicant has requested vacation of a portion of drainage and utility
easements covering this property in order to increase the buildable area. An
existing scenic/conservation easement also on this lot is not affected by this
request.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and
to adopt Resolution 96-19 vacating drainage and utility easements over part of Lot
1, Block 1, Riverview Heights 2nd Addition. Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims
as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson,
Tyra-Lukens and Harris voting "aye."
VU. ORDINANCES AND RESOLUTIONS
A. MEDIA PLAY by Musicland Group, Inc. 2nd Reading of Ordinance 2-96-PUD-
1-96 for Zoning District Change from Rural to Commercial Regional Service on
me. (p
CITY COUNCIL MINUTES
January 16, 1996
Page 7
5.6 acres and PUD District Review with waivers on 5.6 acres; Adoption of
Resolution 96-20 Approving Site Plan Review and Approval of a Developer's
Agreement for Media Play by Musicland Group, Inc. Location: Eden Prairie
Marketcenter. (Ordinance 2-96-PUD-1-96 for Zoning District Change and
PUD District Review and Resolution 96-20 for Site Plan Review)
Enger said First Reading was given through the Public Hearing process earlier in
the meeting. Staff recommends approval of Second Reading.
Tyra-Lukens asked why we are allowed to do both First and Second Readings.
Rosow said it is permissible to have both on the same evening. Jullie said the 17th
is the deadline on this project.
MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve 2nd Reading
of Ordinance for Zoning District Change from Rural to Commercial Regional
Service on 5.6 acres and PUD District Review with waivers on 5.6 acres; to adopt
Resolution 96-20 approving Site Plan Review on 5.6 acres; and approval of the
Developer's Agreement. Motion carried unanimously.
VID. PETITIONS, REQUESTS AND COMMUNICATIONS
A. REQUEST FROM EDEN PRAIRIE COMMON GROUND ORGANIZATION
FOR CITY'S PARTICIPATION IN AN AFFORDABLE HOUSING
PROGRAM
J ullie said we have had some discussions relating to the potential for the City to
assist in transferring a tax forfeited residential lot to this group for the purposes of
constructing an affordable house.
Duane Pidcock, Chairman of Eden Prairie Common Ground, said they are asking
the City to join as a partner by providing access to land on which to build single
and multi-family homes under the umbrella of Habitat for Humanity. Drake
Talbert, representing Common Ground, said two residents have pledged money to
begin the process of constructing a home. Their consortium of churches is ready
to provide sweat equity.
Steven Sidell, Executive Director of Twin Cities Habitat for Humanity, said they
want to partner with the City along with leadership from the faith community of
Eden Prairie to address affordable housing needs in the city. He said they have
recently completed a project in St. Paul where Habitat and a for-profit developer
jointly developed an entire city block just north of the capitol for a mix of incomes.
It created a community that has been a great asset to the neighborhood. They
would like to use that as a model for other communities to integrate low income
families into their community.
1I[C .1
CITY COUNCIL MINUTES
January 16, 1996
PageS
Tyra-Lukens thought this was a wonderful idea that needs more exploration by
Staff. She asked if affordable housing is the same as Met Council market value.
Sidell said market value is yet to be determined. and he is not experienced here in
Eden Prairie They are talking about serving households in the $15-20,000 range
and are talking about ownership housing.
Mr. Pidcock noted this could be an extension of the already successful mentoring
program. Thorfinnson said these units would fit in under the $115,000 figure used
in the Livable Community Act and would count towards the numbers we need for
that.
Case asked if TIF money might be available to purchase the land. Enger said is
one of the issues they want to look into.
Case asked how many tax forfeit properties occur in a given year. Dietz said most
of the tax forfeited lands are not great pieces of property and do not have great soil
conditions.
Pidcock asked if such a development would be possible near the transit hub. Enger
said that would be a possibility.
Thorfinnson said in the next 30 days he and Dave Lindahl are going to participate
in some discussions regarding funds available for such projects. They are working
on a series of recommendations to bring forward about incorporating affordable
housing into many areas of development, and this project fits in well with their
efforts.
MOTION: Tyra-Lukens moved, seconded by Pidcock, to refer this request to
Staff and the Housing, Transportation & Social Services Board for recommendation
and a report back to the Council at the February 20, 1996 Council meeting.
Motion carried unanimously.
B. RESOLUTION 96-21 SUPPORTING TRANSIT LEGISLATION -Request
from Southwest Metro Transit Commission
Kate Garwood, representing Southwest Metro Transit Commission, said the
purpose of the legislation is to establish a demonstration project known as the
"Good News Bus demonstration project" that will make local control more of a
priority and provide a more predictable revenue source for the future. She
distributed a handout that showed how the legislation would affect the property tax
statement of an Eden Prairie property. She noted the tax does not increase;
however, part of the Metropolitan Council portion is reassigned to the local transit.
Thorfinnson noted the handout did not represent an average Eden Prairie property.
Garwood said it was based on property with a $320,000 value.
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CITY COUNCIL MINUTES
January 16, 1996
Page 9
Case asked if the Met Council would still determine the rate increase on the local
transit line item. Garwood said currently we may receive up to 90% of the transit
amount, but this legislation would put the number at 88 % which we would get at
all times. Diane Harberts, Executive Director of Southwest Metro, said the 88 %
tax levy is established in state law under a formula, and the City of Eden Prairie
does not have any influence on that. A Public Hearing would be held at the
commission level, and this legislation would be implementing what the law says
we should receive.
Harris asked how we fund and provide for Metro Mobility in our community once
we take the money out, and whether we would be responsible for covering a deficit
if one occurred. Harberts said the 88% is a mandatory tax levy already
established. Part of the proposed legislation provides for a discretionary tax levy
by the City Council. The discretionary tax levy might be done to meet a priority
within the community to provide service. Regarding Metro Mobility, she said our
Dial-A-Ride vehicles provide a better range of services at half the cost; however,
we would have to make provision for those who use Metro Mobility.
Harris asked if the Met Council is supporting the proposed legislation and who will
be our allies in this effort. Harberts said we have had discussions with the
suburban transit group. Brad Farnum, Southwest Metro Financial Advisor, said
the Chair of Met Council described the discussions as productive and would like
to further study the issues. We would need to provide a list of changes before they
would provide a partnership for the initiative.
Harris said it seems to be a major departure that would not come without cost and
she would like to see more details.
Thorfinnson asked who is responsible now if there is a deficit. Harberts said the
Met Council is responsible for the deficit. They have discretion over funding to
growing communities. There is a bill in process to reduce the 88 % rate which
would limit our ability to go forward to provide quality and cost effective service
to growing communities. Thorfinnson then asked if this legislation means we as
the cities involved would now become responsible for deficits. Harberts said that
was true if a deficit occurs; however, the driving piece for this legislation is that
we have a far greater opportunity to operate public transit in the black. She said
their financial models have shown that we can achieve a savings of $3/4 million
that we can reinvest in the transit system.
Thorfinnson said he questions us taking on the responsibility for future deficits, and
he would like some clarification.
Pidcock said it might be appropriate to wait until the next meeting to adopt this
because of some of the difficulties we may encounter on Thursday. She was
concerned this might compromise us with the Met Council in other areas. There
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CITY COUNCIL MINUTES
January 16, 1996
Page 10
are other things that have not been dealt with yet. We will be asked to hire another
lobbying group for which we don't know the costs.
Thorfinnson said he thought the support of the other opt-outs is critical. Case
thought it would be effective to have the support of all three cities before
proceeding to the other bodies. Tyra-Lukens thought if it is a good idea now, it
is a good idea even if other opt-outs don't agree.
Jullie suggested we consider approval subject to the assumption that the opt-outs
will not be negative in their support.
Harris said there are some pieces in here she is not sure about. She was concerned
we have not seen the bill. Harberts said there is an explanation of the proposed bill
included with the packet information. She said they are asking the cities to support
the legislation that will enable us to continue to achieve our over-all agency goals
and to continue to enhance the regional transit system.
Pidcock noted the City has always been totally supportive of the transit operation
but there are some things that need to be addressed and process to be followed.
She thought the process has been rushed, and we need to be careful on how this is
perceived by other agencies. Harberts said the process is a question for the transit
group and commission to answer.
Farnum said there are details that need to be worked out with the other op-outs and
issues with the Met Council that will go forward. He said we would be
compromised in the process if the Council withholds support.
Tyra-Lukens said we need to look at what our goal is in having the transit system
in Eden Prairie. Time is of the essence because we will only be able to provide
main route transportation if the transit dollars keep getting reduced. If opt-outs are
eliminated, we won't have much of a transit system in Eden Prairie.
Thorfinnson asked what happens if they cut back on the level of funding. Pidcock
said the Met Council takes the position that funding is discretionary on their part
and Southwest Metro and the others make application for funds. There is no
guarantee that we would have fund available. The legislation gives us levy and
bonding authority.
MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 96-21 in
support of a Bill relating to the Metropolitan Council and the cities of Eden Prairie,
Chanhassen, and Chaska, establishing the Southwest Metro Transit Commission
as a public corporation, and granting to it and the cities various powers relating to
public transit.
Pidcock said she could not support the motion as stated. Thorfinnson asked what
we are obligating ourselves to if we vote for this, and if this will come back before
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CITY COUNCIL MINUTES
January 16, 1996
Page 11
the Council before anything happens. Pidcock said we are giving free rein to the
Executive Director and the consultant to go ahead and push the legislation as they
see fit. Harberts said there is a provision within the bill that in order to execute,
each of the member cities would have to make an amendment to the Joint Powers
Agreement.
AMENDMENT TO THE MOTION: Pidcock moved, seconded by Tyra-Lukens,
to amend the support of the bill to approval by the majority of the other opt-outs
at the Thursday meeting.
Farnum said the Commission attempted to develop a strategy that would allow both
bills to go forward and not compete. He said the two lobbyists could work
together to move both bills together. He said they have Wednesday and Thursday
to resolve the issues before it gets to the Suburban Transit meeting. Harberts said
staff has been given direction to explore the possibility of having a dual track.
Farnum said the Commission was unanimous in approval of the plan that was
developed.
Tyra-Lukens said this is listed as a six-year demonstration project and asked if the
Minnesota Valley bill is the same. Harberts said we have asked about that but we
don't know for sure.
Harris asked if the transit group would be funding both or would we fund them
individually. Harberts said we would be funding a separate contract which would
be the best strategy to move forward.
Tyra-Lukens asked why each group doesn't have its own demonstration project.
Rosow said there is sentiment in the legislature to do away with opt-outs. He said
we have heard from the lobbyists that two bills going forward might well play
against each other, and this is the concern of some of the Minnesota Valley
members.
VOTE ON THE AMENDMENT TO THE MOTION: Motion failed 2-3, with
Case, Harris, and Thorfinnson opposed.
VOTE ON THE MOTION: Motion carried 3-2, with Pidcock and Tyra-Lukens
opposed.
Harris said there is still the issue of the lobbyist. Rosow said hiring the lobbyists
rests at the Commission level, but expenses would come back to the three member
cities.
IX. REpORTS OF ADVISORY BOARDS & COMMISSIONS
x. APpOINTMENTS
IIi (!. II
CITY COUNCIL MINUTES
January 16, 1996
Page 12
XI. REPORTS OF OmCERS
A. REPORTS OF COUNCILMEMBERS
1. Report on Internet Access
Pidcock asked Staff what has been done to investigate providing access to
the Internet. Jullie said they have formed a committee that promises to
present a report within 60 days. He said they are going to talk to other
communities that are on the net and explore the different avenues available.
2. Housin2, Transportation & Social Services Survey in Community
Newsletter
Thorfinnson said there is a survey in this month's community newsletter
that will get some idea of the needs in the community for human services.
He said we have been responding as agencies have come forward to answer
some of the needs. We are now trying to reverse that process and make an
RFP if we can determine the needs. He encouraged everyone to complete
the survey.
Harris reported we received a letter from the Government Finance Officers
Association stating the City has been awarded a Certificate of Achievement
for the quality of its financial reporting. She congratulated staff on a good
job.
Pidcock noted the "Destination Job" job fair will be held on April 30.
B. REPORT OF CITY MANAGER
1. Set Thesday, .January 23, 1996,5:30 PM. for Council/Staff WQrksbo.p
Jullie said Staff is recommending we have a workshop on Tuesday, January
23, 1996, at 5:30 p.m., for a review of the results of last fall's Community
Survey. He said Mr. Bill Morris will present the review.
Case asked Staff poll the Council before setting dates and times for future
add-on meetings.
C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVEWPMENT
E. REPORT OF DIRECTOR OF PUBliC WORKS
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CITY COUNCIL MINUTES
January 16, 1996
Page 13
F. REPORT OF CITY ATTORNEY
Rosow reported a mechanic's lien on the Musicland property has been determined
to not apply.
XU. OTHER BUSINESS
Xill. ADJOURNMENT
MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion
carried unanimously. Mayor Harris adjourned the meeting at 10:20 p.m.
11LC .J~
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ND
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL/STAFF WORKSHOP
TUESDAY, JANUARY 23, 1996
COUNCIL/STAFF WORKSHOP
COUNCILMEMBERS:
CITY COUNCIL STAFF:
I. CALL TO ORDER
The meeting began at 6:00 p.m.
6:00 p.m. CITY CENTER
Heritage IV, 8080 Mitchell Road
Mayor Jean Harris, Councilmembers Ron
Case, Nancy Tyra-Lukens, Patricia Pidcock,
and Ross Thorfinnson, Jr.
City Manager Carl Jullie, Assistant City
Manager Chris Enger, Director of Human
Resources and Community Services Natalie
Swaggert, Director of Parks, Recreation and
Facilities Bob Lambert, Police Chief Jim
Clark, Director of Public Works Gene Dietz,
Director of Assessing and MIS Steve Sinell,
Director of Finance John Frane, Director of
Inspections Kevin Schmeig, and Barbara
Anderson, City Recorder
ll. SCHEDULE FOR COUNCIL/STAFF WORKSHOPS FOR 1996
Jullie noted the Council had established the fourth Tuesday of each month as a workshop
session, and he proposed that the Council set the topics for the next few workshop
meetings.
The Council discussed the phases of the Boards and Commission workshop and the
implementation of those phases in the new appointment process. Discussion ensued
regarding whether the Council should meet with the Boards and Commissions on an
unscheduled basis and have a councilmember assigned to each board or commission who
would attend these meetings once or twice a year and could be contacted when issues arose
which required input from the Council. Thorfinnson reviewed the proposal which
included a liaison from the City Council, a spot on the agenda in which members from
Boards and Commissions could come before the entire Council for direction regarding
specific issues which might arise, and one formal meeting once a year.
Discussion arose regarding whether meetings with Boards and Commissions in the past
have been productive, and the consensus was a joint meeting may be a way to move
toward implementation of this three-way process. The possibility of having a meeting to
determine what direction would be given each Board and Commission was discussed.
Jullie commented the strategic planning meeting could be held in March. Discussion
ensued regarding the issues which needed to be discussed prior to meeting with Boards and
Commissions. Mayor Harris requested that staff bring back a recommendation as to how
these meetings would be scheduled and the goals accomplished.
111-D./
CITY COUNCIL WORKSHOP
January 23, 1996
Page 2
Tyra-Lukens requested staff to schedule the budget planning sessions earlier in the year so
that the questions could be answered regarding service costs and the impacts if the services
were to be cut.
ll. DECISION RESOURCES, LTD. EXECUTIVE SUMMARY PRESENTATION
Bill Morris, Decision Resources, Ltd. presented the preliminary results of the survey of
Eden Prairie residents which was conducted throughout the community between August
7-18, 1995. He reviewed the residential demographics which were included in the
preliminary results, and noted that overall, every service was determined to be significant
and well-delivered by those surveyed.
Most residents believed the quality of life in Eden Prairie was excellent, the levels of
service were exceptionally high and were well provided. The thing residents liked least
about Eden Prairie were the high taxes, and the subsequent concerns were the level of
growth and the traffic on major roadways. Morris observed that crime was a lower level
concern among residents, unlike many other suburbs in the metropolitan area.
Regarding taxes, most surveyed disliked the federal income tax and the City property tax
the most, but believed they received the most value from the City property tax.
Discussion ensued regarding the taxes and the perception of the portion of the total tax bill
which was the City property tax.
Morris reviewed the responses to the questions on satisfaction with and importance of City
services and most people surveyed reported a high satisfaction with services and the value
of those services was high and they were all important. When questioned about tax
increases to maintain the high levels of services currently provided, 41 % favored minor
tax increases, but 46% were opposed to the tax increase. When asked if they would
support a reduction in levels of service to decrease taxes, 38 % said yes, but 45 % said no.
The average resident would accept an increase in taxes of about $10.55 per year to
maintain city services.
They determined that households with residents over 55 were the most resistant to any tax
increases. In Eden Prairie there is also a large group of residents that fall into the 45-54
year age group, and they will do a reading including age group and home valuation to see
if there is any correlation between the two for the final report. Morris noted that more
people pay attention to City government, and to have a disapproval rating below 10% is
noteworthy.
Morris discussed the fiscal disparity issues for core cities, and suburban relations. It was
believed the City should not take an active role and no tax increases to pay for these were
supported. A good response to questions on development issueswas received, with only
16% of those surveyed believing that the City was not well-planned. The City also
received high ratings on their efforts to protect the environment. Many surveyed believed
there was too great an emphasis on upper income housing, and there were too few quality
CITY COUNCIL WORKSHOP
January 23, 1996
Page 3
eating establishments throughout the City.
About 46% believed they would be at least "somewhat likely" to use the services of a
Center for the Arts, and 74 % thought the Center should be a private operation and not
subsidized by the City.
Morris noted that regarding the Parks and Recreation issues, there was a drop of
approximately 5 % from previous the survey in the categories of being informed about the
facilities available and the programs that were sponsored by the City. Overall the parks
facilities were rated very highly by those surveyed. Regarding the question about an
outdoor water park, 42 % of those surveyed were strongly opposed. Responses to City
sponsored recreation programs was up to 45 % .
Public Safety did not appear to be a significant concern among those surveyed. The
greatest problem was believed to be juvenile crime and vandalism and only 12 % reported
feeling unsafe at the Eden Prairie Shopping Center and on City parks and trails. Eden
Prairie received the highest ratings for no serious crime across the metro area.
The City-owned and operated liquor stores were used fairly regularly by approximately
32 % of those surveyed, and 29 % indicated they never shopped there. Upon further
questioning, it appeared that the non-use of the liquor store was a lifestyle choice, and not
a reflection on the store itself.
When asked about the sources of City government news, 67% indicated that the "Eden
Prairie News" was the major source and 41 % saw the "Eden Prairie Sun-Current" in much
the same manner. The "Community News" was also received and at least partially read
by a majority of those surveyed. Cable television was not highly rated as a source of
community news, as only 2 % reported Channel 34 as a source of information. Morris
noted that interest in community cable television shows has been waning throughout the
metro area as a source of information about municipal government. About 20%
occasionally watched televised meetings, and 22 % consulted the bulletin board listings.
Morris noted that these percentages were significantly higher than in other communities,
where the average is usually about 12 %.
Overall it appeared that the quality of life in Eden Prairie was top notch and ties to the
community as a whole were increasing. The perception of the excellence of City services
was very high and most people considered all of them very important. A sizeable segment
of the community appeared to be fed up with taxes and would support service cuts to bring
taxes down. The ratings of City staff and the City Council were good and should serve
the City well in the future.
Discussion ensued regarding the areas perceived as having low satisfaction and how to
bring the service level and taxes into alignment. Morris commented that there were more
people in Eden Prairie that fell into the category of wanting high levels of service but not
being willing to pay for them, and those percentages appear to be between 30-40 % . This
percentage is much higher in other suburbs if you look at people who do not want their
1110.3
CITY COUNCIL WORKSHOP
January 23, 1996
Page 4
taxes to go up for any reason whatsoever. Eden Prairie is atypical demographically, in
that there are higher percentages of affluent residents, most are highly educated, and many
have dual incomes. Further discussion ensued regarding the issues the Council would need
to consider regarding maintaining the current level on taxes and providing the current level
of services, or decreasing some services to maintain the tax rate. Morris commented that
there will always be a percentage of the population that would not be satisfied whatever
the Council decided.
ill. ADJOURNMENT
The meeting adjourned at 8:00 p.m.
j
I
I
!
DATE:
CITY COl.JNCIL AGENDA
2-6-96
SECTION: CONSENT CALENDAR
DEPARTMENT: ITEM DESCRIPTION: lTE1dNO ..
Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A
THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTr·1ENT HEADS RESPONSIBLE FOR THE
LICENSED ACTIVITY.
CONTRACTOR (MULTI-FAMILY & COMM.)
Conveyor Craft, Inc.
Kabuki, Inc.
Opus Corpo rati on
RRR Construction
Real Estate Diversified, Inc.
Ryan Construction Co. of MN.
Single Ply Systems
Westbrook Development, Inc.
PLUMBING
Barnes Plumbing
. Buchman Plumbing Co., Inc.
Coppin Plumbing
Crosstown Plumbing, Inc.
Dakota Plumbing & Heating
Dependable Well Company
Dinius Plumbing Company
Franke Pl umbi ng
Raymond Haeg Plumbing
Hokanson Plumbing & Heating
Hovde Plumbing & Heating
Hutton & Rowe, Inc.
JLB Pl umbing, Inc.
Jerry's Plumbing
Jobco Pl umbing
Dan G. Johnson Plumbing
Key-Tec Servi ce, Inc.
Mike Larson Plumbing Co.
LeVahn Bros., Inc.
McGuire & Sons Plumbing & Heating
Mid-City Mechanical Corp.
Norblom Plumbing
North Anoka Plumbing
Northland Mechanical Contractors
Pl umm, Inc.
Plymouth Plumbing
AdioDiDirection:
2-6-96 . page 1
PLUMBING (continued)
Prairie Plumbing Company
R.D. Plumbing & Heating, Inc.
Steve Schmit Plumbing
Schulties Plumbing, Inc.
South/West Metro Plumbing
Sunrise Plumbing, Inc.
Thomoson Plumbing
Weld & Sons Plumbing
'Welter & Braylock, Inc.
Wenzel Plumbing & Heating
Westonka Plumbing & Heating, Inc.
GAS FITTER
All ied Fi res i de
Bloomington Heating & Air Condo
Buchman Plumbing Co.
Carver Heating & Air Condo
Climate Engineering Company
D.u.'s Heating & Air Condo
Dinius Plumbing Comoany
Flare Heating & Air Conditioning
Raymond E. Haeg Plumbing, Inc.
Hokanson Plumbing & Heating
Home Energy Center
Jerry's Pl umbi ng
Jobco Pl umbing
'Dan G. Johnson Plumbing
Mike Larson Plumbing Co.
Master Heating & Cooling
McGuire & Sons Plumbing & Heating
Mid-City Mechanical Corp.
Midland Heating & Air Conditioning
Mission Mechanical
Norblom Plumbing
O'Brien Sheet Metal, Inc.
Plymouth Plumbing
......
DATE:
CITY COl.iNClL AGENDA
SECTION: CONSENT CALENDAR 2-6-96
DEPART.MENT: ITEM DESCRIPrION: lTEMNO.
Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A
THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTr·1ENT HEADS RESPONSIBLE FOR THE
LICENSED ACTIViTY.
GAS FITTER (continued)
i Practical Systems I Riven Services
! Rouse Mechanical, Inc.
II Schulties Plumbing, Inc.
I Standard Heating & Air Condo
1 Suburban Air Conditioning
Thompson Plumbing
Total Air, Inc.
Wel ter & Blaylock, Inc.
Ray N. Welter Heating Co.
t Wenzel Heating & Air Condo
I·
I Wenzel Pl umbil1g '& Heating
Westonka Plumbing & Heating
HEATING & VENTILATING
Bloomington Heating & Air Condo
Carver Heating & Air Condo
Climate Engineering Company
D.J.'s Heating & Air Condo
Fisher-Bjork Sheetmetal Co.
Flare Heating & Air Condo
Home Energy Center
Mas~er Heating & Cooling
McGuire & Sons Plumbing & Htg.
Midland Heating & Air Condo
O'Brien Sheet Metal, Inc.
Plymouth Plumbing
Practical Systems
Riven Services
Rouse Mechanical, Inc.
Standard Heating & Air Condo
Suburban Air Conditioning
Total Air, Inc.
Triple D.Heating & Air Condo
Action/Direction:
2-6-96 . page 2
HEATING & VENTILATING (continued)
Ray N. Wel ter Heating Co.
Wenzel Heating & Air Conditioning
UTILITY INSTALLER
Ron-Son Contracting
Thompson Plumbing
United Water & Sewer Company
Wenzel Plumbing & Heating
WATER SOFTENER
Culligan Water Service Co.
SEPTIC SYSTEMS
Raymond E. Haeg Plumbing, Inc.
.
. '. _." ". ; ..
:
,
f·
-
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/6/96
SECTION: Consent Calendar ITEM NO.K. 6.
DEPARTMENT: Parks, ITEM DESCRIPTION: Amendment to Ordinance 2.32 (4) Relating to
Recreation and Facilities ~r.nce of Citations
Robert A. Lambert, Director
Attached to this memorandum is an amendment to Ordinance 2.32 relating to the issuance of citations which
subsitutues the titles Manager and Coordinators for Operation Supervisor and a list of individuals who are
authorized to issue citations. This change will allow the Community Center Manager and the three
Coordiantors to tag autos for parking in violation of the two hour time limit in the Community Center
parking lot.
It is important to have staff on site that are able to tag vehicles in order to enforce this parking restriction
and keep the Community Center parking lot available to Community Ccnter customers.
BL:mdd
CITY OF EDEN PRAIRIE
HENNBPIN COUNTY, MINNBSOTA
ORDINANCE NO. -96
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE
OF CITATIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. The Ci ty Code is amended by amending Section
2.32(4) in its entirety as follows:
" 34 . Community Center Operations Supervisor Maricig§#;~ciIld:
CQQ:bdi·n.a.tors "
Section 2. City Code Chapter 1 entitled "General Provisions
and Defini tions Applicable to the Entire Ci ty Code Including
Penal ty for Violation" and Section 2.99 enti tIed "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This ordinance shall become effective from and
after its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the day of Feburary 1996, and finally
read and adopted and ordered published at a regular meeting of the
City Council of said City on the day of
_____________ , 1996.
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the _____________________ , 1996.
f:\rfr\ordinance\ordv3M.232
)-
day of
DATE: 02/06/96
EDEN PRAIRIE CITY COUNCIL AGENDA
Consent Calendar
ITEM NO: lY. C .
SECTION:
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Receive Petition and Order Feasibility Study for Public Improvements to
Alan Gray Highview Drive, Lakeland Terrace and Lakeland Circle
Recommended Action:
Approve resolution authorizing the preparation of a feasibility study for sanitary sewer,
watermain and street improvements to Highview Drive, Lakeland Terrace and Lakeland Circle.
Overview:
The existing residential neighborhood lying between Riley Lake, Riley Creek, CSAH 1 and the
westerly City limits consists of 24 residential lots currently served by wells and septic systems.
The City has received petitions signed by 12 of the property owners in this neighborhood
requesting a feasibility study to provide public utilities (see attached sketch). The Engineering
Division staff have conducted a neighborhood meeting to discuss the process for public utility
improvements. The petitions submitted to the City have been received subsequent to that
neighborhood meeting.
Currently this residential neighborhood does not have access to the City's sanitary sewer and
water distribution systems. These systems have not been extended westerly of Riley Lake Road
at this time. A feasibility study would address the sequence and timing for the extension of
utilities westerly along CSAH 1 to this residential neighborhood.
Fmancial Issues:
Based on the City's assessment policy, there may be a City share to ultimately complete the
addition of public utilities in this existing neighborhood. The feasibility study would provide
cost estimates to evaluate the fmancial impacts for residents and the City.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION RECEIVING PETITION AND
ORDERING FEASmILITY REPORT
WHEREAS, a petition has been received and it is proposed to make the following
improvements:
I.C. 96-5406 Public Improvements to Highview Drive, Lakeland
Terrace and Lakeland Circle
and assess the benefitted property for all or a portion of the cost of the
improvements, pursuant to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY
COUNCIL:
That the proposed improvements be referred to the City Engineer for
study with the assistance of Rieke Carroll Muller Associates, Inc. (RCM),
and that a feasibility report shall be prepared and presented to the City
Council with all convenient speed advising the Council in a preliminary
way as to the scope, cost assessment and feasibility of the proposed
improvements.
ADOPTED by the Eden Prairie City Council on February 6, 1996.
Jean L. Harris, Mayor
ATIEST: SEAL
John D. Frane, Clerk
"-------------------~---~-----------------------------~
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R MAIN, SEWER, WATE SANITARY 8 STREETS SEWER .(
STORM WATER MAIN
SANITARY SEWER ~-<
'./
ern: OF EDEN PRAIRIE, MINNEsOTA
PE'Itl'lON FOR LOCALIMPROVEMENr
,
To The Eden Ptairle Pty Co~iI: \
The undersigned proPertY owners herein petition the Eden Prairie City Council to consider ~
making the followingidescribed improvement{s): :
~ Sani~ Sewer
~ Watertnain
__ ' Storm; Sewer
__ Street: Paving
__ Other,
(General Lo~tion)
\,
Signatures of Petitioners gBe l'rw;rty 0wnernJ • '1) , : , ~! VI ~h.c. !E1J1!'~,<
~ ,j:' '."'~:; ~ " . . " , ':',., I i , ':" i; ,
(For City Use)
Date ;Received _. ____________ _
Project No. _____________ _
Council Consideration ______ -___ _
I' .. .
CITY OF EDEN PRAIRIE, MINNESOTA'
PETITION FOR LOCAL IMPROVEMENT
I
To The Eden Prairie City Council:
The undersigned property owners herein petition the Eden Prairie City Council to consider
making the following described improvement(s):
V Sanitary Sewer
,/ Watermain
/' Storm Sewer
_7_ Street Paving
__ Other
Street Address of Other
Legal Description of
~ Property to be Served
qS'<y3 !J'GfiJ;ew iJt
J <OJ boo l-h}Li<.w (}k'" (
J C;SOIII/?§v;a,J 2¥1 v£'
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Date Received
(General Location)
(For City Use)
---------------------------
Pr~ectNo. ____________________________ __
Council Consideration -----------------------
OCT 23 '95 14:58 TO:9-6421~6~ FROM:CITY OF E.P.-ENG DIU T-859 P.01 ,
CITY OF EDEN PRAIRIE, MINNESOTA " .
PETITION FOR LOCAL IMPROVEMENT
To The Eden Prairie City Council: \
The undersigned property owners herein petition the Eden Prairie City Council to consider
making the following described improvement(s):
/ Sanitary Sewer
,/ Watermain
V' Stann Sewer
v Street Paving
__ Other
Street Address of Other
Legal Description of
(General Location)
\,
J :property to be Served
q{O I ~/lmIV'BcI [)tIVg:
(For City Use)
Date Received _____ -______ -_ ..
Pr~~tNo. _______________________ __
Council Consideration _____________ _
DATE: 02/06196
EDEN PRAIRIE CITY COUNCn. AGENDA
SEC110N: Consent Calendar
ITEM NO: -:JjJ D .
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Approve License Agreement with DNR for Utility Crossings of Riley Creek
Alan Gray in Bearpath 3rd Addition
Recommended Action:
Approve License Agreement No~ 144-65-2780 with DNR for utility crossings of Riley Creek in
Bearpath 3rd Addition.
Overview:
Public sanitary sewer and watermain facilities within Bearpath cross Riley Creek requiring a
license agreement with DNR. The City is the owner of these public utilities and must enter into
the license agreement with DNR rather than Bearpath Development Corporation. This is a
standard license agreement prepared by DNR. These agreements are required wherever our
public utilities cross public waters such as Riley Creek.
Financial Issues:
The license must be accompanied by a payment of $470 to DNR. This cost will be charged
back to Bearpath as a fee associated with the development of their project.
I
1 MJNNESLTA DEPARTMENT
OF NATURAL RESOURCES LICENSE NUMBER 144-65-2780
APPLY NUMBER
LICENSE TO CROSS PROTECTED WATERS
38975 TRN 80 LS 09
This license is issued under authority and subject to the limitations in ".S.84. 415,
and Minnesota Regulations NR 5100, 5101, and 5102, to the Licensee as named and for the fee
and term as specified below.
Name and Address of Licensss:
'City of Eden Prairie
8080 Mitchell Rd.
Eden Prairie, Mn. 55344
License Fee: Four Hunderd Seventy and no/lOO ........... .
Term (years)
50
Effective Date
July I, 1994
Dollars ($470.00 )
Termination Date
June 30, 2044
Purpose of License-Construction, Maintenance and Operation of a:
liquid pipeline under said waters
and the covenants and agreements of the Licensee to use the following described waters:
That part of Sec. 19, Tl16N, R23W of Hennepin County as shown on the attached application and
map, all of which are made a part hereof by reference.
This license is granted subject to the following provisions:
1. At the end of the license period if both parties wish to renew, the renewal fee and time
period will be determined by such methods as are developed by the Commissioner of Natural
Resources.
2. This license shall be cancelable upon reasonable notice by the Commissioner for
substantial violation of its terms, or if at any time its continuance will conflict with
a public use of water over or upon which it is granted, or for any other cause.
3. The Licensee shall remove all its structures and other property from and vacate said
waters within ninety (90) days after receipt of such notice, or the termination of this
license for any cause, and any such structures and other property not removed within such
period shall become the absolute property of the State.
4. The Licensee shall comply with all laws, regulations and municipal ordinances affecting
said water or the area in which they are situated and keep them in a neat and orderly
condition, and shall remove all refuse and debris that may accumulate thereon. The
license must also comply with all rules, regulations and requirements of the Minnesota
Pollution Control Agency, U.S. Army Corps of Engineers and other federal, state or local
agencies. The project hereunder shall at all times during and after construction be
subject to inspection by the Commissioner or his authorized agent and for that purpose
the license shall grant access to the premises at all reasonable times.
5. The use of these waters by the Licensee in constructing or maintaining the lines for
which this license is granted shall be subject to the use, sale, or leasing for mineral
or other legal purposes.
6. This license is subject to the provisions of Minnesota Statues, Section 84.415 and
Minnesota Regulations NR 5100, 5101, and 5102. All standards of NR 5102 are incorporated
as terms and conditions of this license, except such variations as are identified and
explained in the license application, plans, and specifications which are attached and
made part of the terms and conditions of this license by reference. The Licensee shall
not deviate from the terms and conditions of this license unless he has first obtained
permission from the Commissioner of Natural Resources.
7. This license is permissive only. No liability shall be imposed upon or incurred by the
State of Minnesota or any of its officers, agents, or em~loyees, officially or
personally, on account of the granting hereof or on account of any damage to any person
or property resulting from any act or omission of the license or any of its agents,
employees or contractors relating to any matter hereunder. This license shall not be
construed as estopping or limiting any legal claims or right of action of any person
other than the State against the license, its agents, employees, or contractors for any
damage or injury resulting from any such act or omission, or as estopping or limiting any
legal claim or right of action of the State against the licensee, its agents, employees,
or contractors, for violation of or failure to comply with the provisions of the license
or applicable provisions of law.
8. This license shall not be assignable except upon written consent of the State by its
proper officers and shall be binding upon the successor, assigns, heirs, and legal
representatives of the parties hereto.
9. No delay by the State enforcing any of the conditions of this license shall operate as a
waiver of any of its rights and the violation of any of the conditions hereof shall be
cause for revocation of this license.
10. In overcrossings of public waters, lines shall have a minimum clearance of 25 feet above
extreme high water, unless otherwise specified.
11. In undercrossings of public waters at locations where the water is ordinarily less than
six feet in depth, lines or pipes shall be placed in trenches and backfilled so as to
. provide a minimum cover of two feet below the natural bottom.
12. Under crossings shall be marked by signs on the banks at points where the line enters and
leaves the stream or lake.
13. The beds of the waters described above shall, upon completion of construction or
maintenance operations therein, be restored as nearly as practicable to their original
cross-section. Erosion control measures shall be practiced to stabilize the banks.
Where necessary to prevent erosion, streambeds shall be riprapped with natural rock
having an average diameter of 12 inches.
14. The licensee shall not apply pesticides to the water in the course of construction or
maintenance of the utility line, except by the request and under the written direction of
the Department of Natural Resources.
15. This license is subject to any SPECIAL PROVISIONS indicated below:
A. Contact Regional Realty Coordinator Jim Bloemendal in St. Paul at 612-772-7985 10
days prior to installation and within 10 days following completion of licensed work
for compliance inspection.
B. If trenching, the disturbance should be coordinated with the road crossing
construction (see DOW Permit 93-6212) so time of disturbance is minimized.
C. Use appropriate erosion and sedimentation control best management practices.
Sod or seed/mulch disturbed areas that drain to creek immediately after work is
completed.
APPROVED AND ACKNOWLEDGED STATE OF MINNESOTA
COMMISSIONER OF NATURAL RESOURCES
City of Eden Prairie
Rodney W. Sando
Licensee(s) Commissioner of Natural Resources
By By
Title Title Manager
By
Title
652780/lNDlIB/lICENSES
\
ACKNOWLEDGEMENT
STATE OF MINNESOTA
County of
. .
Use the applicable section
INDIVIDUAL
)
)
)
§ §
The foregoing instrument was acknowledged before me this day of
19 , by
CORPORATION
The foregoing instrument was acknowledged before me this ______ day of
19 , by
and
of
corporation, on behelf of the corporation.
<title)
(title)
Corporation, a
(state)
GOVERNMENTAL ENTITY (Must be acknowledged by the Chairman of the Board of
Commissioners and County Auditor, or the Mayor and City Clerk)
The foregoing instrument was acknowledged before me this day of
19 ____ , by ____________________________________________ Chairman Board or Mayor
____________________________________________________________ County Auditor or City Clerk
-------~----------------------------------------------~------------------------------
Notary Public, County,
My commission expires ____________ __
= = = = = = = • = = s • • • • s = = = • • = = = = = = = = • • • • = = = = = • = = = =
THIS SECTION FOR STATE USE ONLY
STATE OF MINNESOTA )
) § S
County of Ramsey )
The foregoing instrument was acknowledged before me this day of
19 ____ , by Jeff Hanson, Manager, Progrem Operetions, on behelf of the state of
Minnesota.
L/
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar 02/06/96
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Police Cooperative Law Enforcement Agreement
-:Jfl. E,
BACKGROUND
There exists an identified need for stronger narcotics enforcement in the southwest Hennepin County
suburbs, specifically Edina, Eden Prairie, and Minnetonka.
The Hennepin County Sheriff has agreed to support and supervise a narcotics unit consisting of
officers from the three cities and his department.
This cooperative law enforcement effort offers a unique opportunity to share resources and costs to
combat drug use and associated crimes.
The attached memorandum and agreement outline the details of the proposal.
This agreement has been reviewed by our City Attorney and has been approved by the Edina and
Minnetonka City Councils. The Hennepin County Board will approve the agreement following your
review and approval.
RECOMMENDATION
It is recommend that the Council approve the attached agreement and participation by the Eden Prairie
Police Department in this Cooperative Law Enforcement Agreement.
,
MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl Jullie, City Manager
FROM: James G. Clark, Chief of Police
DATE: January 30, 1996
SUBJECT: Cooperative Law Enforcement
Agreement
In October of 1995, Hennepin County Sheriff Pat McGowan and the Police
Chiefs from Minnetonka, Edina, and Eden Prairie met to discuss the issue of
drug enforcement in our area. The following observations were made:
• Drug use and drug crimes present a significant threat to the safety and
security of our communities.
• Current efforts in this area are fragmented and not coordinated.
• A cooperative effort affords the best opportunity to effectively and efficiently
investigate drug crimes.
• None of the communities are presently involved in a drug enforcement task
force, where most of our neighbors are.
During our discussion, the Sheriff agreed to coordinate and supervise a
cooperative drug enforcement unit through his office, if the cities are interested.
After numerous meetings the attached agreement was prepared. This
agreement has been reviewed and approved by all City Attorneys and the
County Attorney. Further, the agreement has been approved and signed by the
City Councils in Minnetonka and Edina. The County Board will approve the
agreement after you take action on the request. The following elements are
contained in the agreement:
• Hennepin County Sheriff will provide an experienced narcotics' unit
supervisor and an investigator. Each suburb will provide one officer each.
• Eden Prairie will initially supply office space and hire a part time clerk that will
be funded by the four participating agencies.
• Each of the participants will make a financial contribution of ten thousand
dollars for office set-up and clerical expenses. In our case, this money will
come from already budgeted funds that would have been used for our
existing narcotics and special investigations' programs. The Sheriff will
provide adcfitional money to establish the buy/informant fund. Financial
records, disbursements, and forfeiture transactions will be handled by the
Sheriffs Department. Forfeiture proceeds will be distributed equally among
the participating agencies.
• Operating policies and procedures are established by the Sheriffs
Department.
• Liability and workers compensation insurance and individual equipment and
vehicles are the responsibility of the employing agency.
• Our City Attorney has participated in the drafting of this agreement.
I recommend that the Council approve participation of the Eden Prairie Police
Department in this unit. . This is an area that needs attention and this cooperative
approach is our best opportunity to deal with the problem effectively.
Additionally, this will provide an opportunity to develop a stronger working
relationship with our neighbors at a time when sharing of resources is a must.
Thank-you for your consideration.
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AA Code:
Contract No.: A12396
Tax ID NO./SOC Sec No.:
Vendor No.:
DRUG TASK FORCE
COOPERATIVE AGREEMENT
THIS COOPERATIVE AGREEMENT is made by and between
HENNEPIN COUNTY through the Hennepin County Sheriff's Office
(hereinafter "HCSO"), the city of Eden Prairie through the Eden
Prairie Police Department (hereinafter, "EPPD"), the city of
Edina through the Edina Police Department (hereinafter, "ED"),
and the city of Minnetonka through the Minnetonka Police
Department (hereinafter, "MPD"), (collectively referred to as
"GOVERNMENTAL UNITS").
WITNESSETH:
WHEREAS, there is evidence that trafficking in narcotics
and dangerous drugs exists in the southwestern suburban
communities of Hennepin County, specifically the municipalities
of Eden Prairie, Edina and Minnetonka, and that such illegal
activity has a substantial and detrimental effect on public
safety as well as the health and general welfare of the citizens
of these communities; and,
WHEREAS, pursuant to Minnesota Statute § 471.59, the
GOVERNMENTAL UNITS are permitted to enter into cooperative
agreements; and,
WHEREAS, it is the desire of the GOVERNMENTAL UNITS to
enter into a cooperative agreement to establish the Drug Task
Force, (hereinafter "TASK FORCE"); and,
WHEREAS, the TASK FORCE shall not constitute a separate
municipal entity under Minnesota law;
NOW THEREFORE, in consideration of the mutual
understandings and agreements hereinafter set forth, the
GOVERNMENTAL UNITS agree as follows:
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Article I.
Purpose
1.01. The purpose of this Agreement is to define the rights
and obligations of the GOVERNMENTAL UNITS with respect to the
duties and activities performed by the TASK FORCE throughout the
term of the Agreement.
Article II.
Cooperation
2.01. The GOVERNMENTAL UNITS shall cooperate and use their
best efforts to ensure that the various provisions of the
Agreement are fulfilled. The parties agree in good faith to
undertake resolution of disputes, if any, in an equitable and
timely manner and in accordance with the provisions of this
Agreement.
Article III.
Term
3.01. The term of this Agreement shall be for one year,
commencing February I, 1996 and terminating January 31, 1997,
unless terminated earlier pursuant to Articles XIX, XX or XXII of
this Agreement.
This Agreement shall be automatically extended for
successive one-year terms upon the same terms, conditions and
covenants, unless the TASK FORCE is dissolved prior to expiration
of the initial or successive term.
Article IV.
Scope and Responsibilities
4.01. The TASK FORCE shall perform the activities and duties
described below:
a). Disrupt the illicit drug traffic in the southwest
suburban areas of Hennepin County by immobilizing
targeted violators and trafficking organizations;
and,
b). Conduct undercover operations where appropriate and
engage in other traditional methods of
investigation in order that the TASK FORCE
activities result in effective prosecution before
federal and state courts of the State of Minnesota.
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Article V.
ASSIGNMENT AND SUPERVISION OF PERSONNEL
5.01. To accomplish the objectives herein, all TASK FORCE
members shall assign at least one peace officer licensed pursuant
to Minnesota Statutes § 626.84, subd. 1, to the TASK FORCE who
must have a minimum of one year prior experience in law
enforcement.
5.02. Each officer/deputy must be assigned to the TASK FORCE
on a full-time basis for at least one.year unless he/she is
reassigned by the head of the officer/deputy's agency upon the
recommendation of the TASK FORCE supervisor. In addition, EPPD
shall assign one confidential clerical employee to assist the
TASK FORCE in performing clerical duties.
5.03. While assigned to the TASK FORCE, all personnel shall be
under the direct supervision and control of one HCSO Detective
supervisor or his/her designee, who shall be responsible for the
following duties; which shall include, but not be limited to:
a. scheduling assigned personnel;
b. providing input on employee evaluations, if
requested; and,
c. allocating overtime work, if necessary.
Article VI.
Personnel Status
6.01. Nothing herein is intended or should be construed in any
manner as creating or establishing the relationship of co-
partners between the parties hereto or as constituting one of the
participating GOVERNMENT UNITS as the agent, representative or
employee of another TASK FORCE member for any purpose or in any
manner whatsoever. Personnel assigned to the TASK FORCE by one
of the participating GOVERNMENTAL UNITS shall not be considered
temporary or permanent employees of any other participating
GOVERNMENTAL UNIT or the TASK FORCE for any purpose whatsoever or
be entitled to tenure rights or any rights or benefits by way of
workers' compensation, re-employment insurance, medical and
hospital care, sick and vacation leave, severance pay, PERA, or
any other right or benefit of another participating GOVERNMENT
UNIT.
6.02. Participating GOVERNMENT UNITS acknowledge that it is
their sole responsibility to provide all salary compensation and
fringe benefits to employees. Benefits may include, but are not
limited to, health care, disability insurance, life insurance,
re-employment insurance, FICA, Medicare and PERA.
Article VII.
Indemnification and Insurance
7.01. a. Each GOVERNMENTAL UNIT agrees that it will be
responsible for its own acts and any liability resulting
therefrom to the extent authorized by law and shall not be
responsible for the acts of the other GOVERNMENTAL UNITS or any
liability resulting therefrom. Each GOVERNMENTAL UNIT'S
liability shall be governed and limited by the Municipal Tort
Claims Act, Minnesota Statutes, Chap. 466 and other applicable
law.
b. Each GOVERNMENTAL UNIT agrees to defend, indemnify
and hold harmless the other GOVERNMENTAL UNITS, their elected
officials, officers, agents, volunteers and employees from any
liability, claims, causes of action, judgments, damages, losses,
costs or expenses, including reasonable attorney fees, resulting
directly or indirectly from any act or omission of a GOVERNMENTAL
UNIT, its sub-contractors, and anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions
they may be liable for in the performance of the activities
required by this Agreement, and against all loss by reason of the
failure of a GOVERNMENTAL UNIT to perform fully, in any respect,
all obligations under this Agreement.
c. Each GOVERNMENTAL UNIT warrants that it is able to
comply with the afore-mentioned indemnity requirements through an
insurance and/or self-insurance program.
d. All insurance policies or self-insurance
certificates shall be open to inspection by each GOVERNMENTAL
UNIT and copies of the policies or certificates of self-insurance
shall be submitted to a GOVERNMENTAL UNIT upon written request.
Article VIII.
Joint Exercise of Police Powers by Licensed Peace Officers
8.01. Licensed peace officers assigned to the TASK FORCE,
while acting within the scope of this Agreement but beyond the
boundaries of their respective jurisdictions, are acting within
the course and scope of employment of their respective agencies
and GOVERNMENTAL UNITS and are serving in the regular line of
duty as fully as though the service was within the officer's
jurisdiction pursuant to Minnesota Statute § 629.40, subd. 3, and
have full and complete authority of a peace officer as though
appointed by the other GOVERNMENTAL UNITS for the limited purpose
of jointly exercising police powers pursuant to Minnesota Statute
§ 471.59, subd. 12.
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Article IX.
Discipline of Personnel
9.01. All personnel assigned to the TASK FORCE shall comply
with rules of conduct prescribed by the TASK FORCE supervisor
developed in consultation with the head of TASK FORCE member
agencies and in recognition of the rules of their respective
agencies. The TASK FORCE supervisor, or his designee, shall
refer disciplinary matters involving assigned personnel to the
respective agency for investigation and disposition unless, based
on the judgment of the TASK FORCE supervisor, or his/her
designee, a particular matter represents prima facie grounds for
the issuance of a criminal complaint, in which case the matter
shall be referred directly to an external law enforcement agency
for investigation provided the appropriate TASK FORCE agency
head(s) is(are) notified in advance thereof.
Article X.
Activity Reports and Media Coverage
10.01. The TASK FORCE supervisor, or his/her designee, shall
produce and disseminate Activity Reports (including, but not
limited to, the following data: expense and scheduling records,
informant files and related payment/expense sheets) in accordance
with HCSO prescribed format, on a regular monthly basis to the
heads of all TASK FORCE member agencies. Additionally, each
officer assigned to the TASK FORCE shall be responsible for
forwarding copies of all Initial Complaint Reports generated by
him/her to the head of his/her respective agency if so requested.
10.02. Media coverage of TASK FORCE activities, including the
dissemination of all press releases must reference each TASK
FORCE member agency, and shall be coordinated through the HCSO
Media Specialist or his designee.
Article XI.
Funding, Remittance and Compensation
11.01. a. Upon execution of this Agreement or within thirty
(30) calendar days subsequent thereto, each TASK FORCE member
shall contribute Ten Thousand Dollars ($10,000) to the HCSO
Accounting Division for deposit in a special interest-bearing
account to fund incidental and extraordinary support expenses
incurred by the TASK FORCE. Such expenses may include, but are
not limited to, office supplies/equipment as well as phone
communications/utility services not provided by HCSO or EPPD and
other items. Within the time period specified above, HCSO shall
also contribute Twenty Thousand Dollars ($20,000) to establish a
buy fund used for informant/evidentiary purposes. Subsequent
sustaining contributions to the TASK FORCE and the buy fund shall
be assessed on an equal basis, unless otherwise agreed, pursuant
to written authorization from all TASK FORCE member agencies.
b. The HCSO, through its Accounting Division, shall
serve as sole administrator of all funds contributed by TASK
FORCE member agencies and in such capacity is authorized to
receive all funds for deposit and make disbursements therefrom in
accordance with standard Hennepin County practice and procedure.
In conjunction therewith, the HCSO Accounting Division shall
maintain current and accurate records of all obligations and
expenditures of TASK FORCE funds pursuant to generally accepted
accounting principles. It shall also produce a quarterly
financial report which shall be disseminated to the TASK FORCE
supervisor and all member agency heads. Such reports and related
records shall be maintained by the HCSO Accounting Division for a
period of three (3) years after termination of the TASK FORCE.
Article XII.
Operations, Communications and Equipment
12.01. The base of TASK FORCE operations shall be office space
assigned and provided by EPPD in its municipal Law Enforcement
Center at no cost to the TASK FORCE or the participating
GOVERNMENTAL UNITS. All vehicles used by personnel assigned to
the TASK FORCE shall be provided by their respective GOVERNMENTAL
UNITS which shall be responsible for payment of related
fuel/maintenance and insurance costs, if applicable. Each
GOVERNMENTAL UNIT shall also provide all essential basic
equipment to its assigned personnel at no expense to the TASK
FORCE or other participating GOVERNMENTAL UNITS. The acquisition
of extraordinary enforcement equipment, requiring disbursement of
TASK FORCE funds, must be approved by all TASK FORCE members.
All public safety emergency communications services, directly
incidental to TASK FORCE activities/operations, shall be
restricted to those provided by HCSO unless specific
investigations require utilization of other communication
services.
Article XIII.
Evidence Inventory and Storage
13.01. Except for seized motor vehicles, all evidence/property
seized by licensed TASK FORCE personnel, while acting within the
scope of this Agreement, shall be inventoried and stored
temporarily at a secure, designated area within the EPPD Law
Enforcement Center that is under the exclusive control of active
officers/deputies assigned to the TASK FORCE. Such inventoried
evidence/property shall be subject to subsequent transfer to the
HCSO Crime Lab Property Room for safekeeping pending lawful
release or to another facility at the discretion of the HCSO
Detective supervisor. Seized motor vehicles shall be stored in
an impound area designated by the Sheriff until lawfully
released.
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Article XIV.
Forfeiture Proceeds
14.01. Pursuant to Minnesota Statutes § 609.531, the TASK FORCE
members are entitled to money or proceeds from the sale of
forfeited property after payment of seizure, storage, forfeiture
and sale expenses and satisfaction of valid liens against
forfeited property. It is agreed by TASK FORCE members that
forfeiture monies and proceeds shall be distributed equally after
deduction of all costs and expenses herein stated. The HCSO
Accounting Division shall deduct said costs and expenses and
distribute monies to all TASK FORCE members upon receipt of a
forfeiture order unless said order directs otherwise. The
receipt and disbursement of forfeiture sale proceeds shall be
referenced in the HCSO Accounting Division's quarterly financial
report disseminated to the TASK FORCE supervisor and member
agency heads in accordance with Article XI(b).
Article XV.
Data Privacy
15.01. Each participating GOVERNMENTAL UNIT and its employees
agree to abide by all applicable State and Federal laws and
regulations covering the handling and disclosure of private and
confidential information concerning individuals and/or data
including, but not limited to, information made non-public by
such laws or regulations.
Article XVI.
Records -Availability
16.01. Each GOVERNMENTAL UNIT agrees that the other
participating GOVERNMENTAL UNITS, the State Auditor, or any of
their duly authorized representatives at any time during normal
business hours, and as often as they may reasonably deem
necessary, shall have access to and the right to examine, audit,
excerpt, and transcribe any books, documents, papers, records,
etc., which are pertinent to the accounting practices and
procedures of a GOVERNMENTAL UNIT and involve transactions
relating to this Agreement.
Article XVII.
Non-Assignment
17.01. A participating GOVERNMENTAL UNIT shall not assign,
subcontract, transfer or pledge this Agreement and/or services to
be performed herein, whether in whole or in part, without the
prior written consent of all other participating GOVERNMENTAL
UNITS.
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, '
Article XVIII.
Merger and Modification
18.01 a. It is understood and agreed that the entire
Agreement between the parties is contained herein and that this
Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All terms
referred to in this Agreement are incorporated or attached and
are deemed to be part of this Agreement.
b. Any alterations, variations, modifications, or
waivers of provisions of this Agreement shall only be valid when
they have been reduced to writing as an amendment to this
Agreement signed by the parties hereto.
Article XIX.
Cancellation
19.01. Each GOVERNMENTAL UNIT, upon thirty (30) days' written
notice, may withdraw and cancel its participation in this
Agreement. The parties by mutual written consent can abolish
this Agreement at any time.
Article xx.
Default
20.01. In the event a participating GOVERNMENTAL UNIT fails to
fulfill its obligations under this Agreement properly and timely,
or a party violates any of the covenants, agreements or
stipulations of this Agreement, then a majority of the non-
defaulting GOVERNMENTAL UNITS shall have the right to terminate
this Agreement if the default has not been cured within thirty
(30) calendar days from the date on which the defaulting party
received written notice specifying the default. If not so cured,
this Agreement may then be terminated by the non-defaulting
parties by giving at least ten (10) calendar days' written notice
to the defaulting party of such termination and specifying the
effective date thereof.
a. Notwithstanding the above, the defaulting party
shall not be relieved of liability to the non-
defaulting parties for damages sustained by the
non-defaulting parties by virtue of any breach of
the Agreement by the defaulting party.
b. It is agreed that any right or remedy provided for
herein shall not be considered as the exclusive
right or remedy of the non-defaulting parties for
any default in any respect by the defaulting party,
but such right or remedy shall be considered to be
in addition to any right or remedy hereunder or
allowed by law, equity, or statute.
/I
\ .
c. The non-defaulting parties' failure to insist upon
strict performance of any covenant, agreement, or
stipulation of this Agreement or to exercise any
right herein contained shall not be a waiver or
relinquishment of such covenant, agreement,
stipulation, or right, unless the non-defaulting
parties consent thereto in writing. Any such
written consent shall not constitute a waiver or
relinquishment in the future of such covenant,
agreement, stipulation or right.
Article XXI.
Minnesota Laws Govern and Severability
21.01. The laws of the State of Minnesota shall govern all
questions and interpretations concerning the validity and
construction of this Agreement and the legal relations and
performance obligations between the parties herein. The
appropriate venue and jurisdiction for any litigation hereunder
shall be those courts located within the County of Hennepin,
State of Minnesota. Litigation, however, in the federal courts
involving the parties herein will be in the appropriate federal
court within the State of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
Article XXII.
Dissolution
22.01. The TASK FORCE shall be voluntarily dissolved upon the
consent of a majority of participating GOVERNMENTAL UNITS
evidenced in writing by the authorized representative of each
TASK FORCE member. The TASK FORCE shall be subject to
involuntary dissolution pursuant to court order or upon the
withdrawal of a sufficient number of participating GOVERNMENTAL
UNITS that results in only one member GOVERNMENTAL UNIT
remaining. Upon dissolution, any remaining funds, physical
assets and obligations shall be divided according to Article
XXIII herein.
Article XXIII.
Property Disposition
23.01. Upon cancellation, termination or dissolution of this
Agreement, the GOVERNMENTAL UNITS shall:
a. Divide equally all assets, real and personal,
purchased pursuant to Article XII with TASK FORCE
funds;
•
b. Distribute on a pro-rata basis those monies
contributed to the TASK FORCE buy fund by the
respective GOVERNMENTAL UNITS;
c. Divide equally all obligations other than those
referenced in Article VII;
d. Divide equally any remaining funds and physical
assets (other than contributions of space or
facilities) by the GOVERNMENTAL UNITS.
Article XXIV.
contract Administration
24.01. In order to coordinate the services of each TASK FORCE
member so as to accomplish the purposes of this Agreement, the
following individuals or their designees shall manage this
Agreement on behalf of the TASK FORCE members.
HCSO:
EPPD:
ED:
MPD:
Inspector Michele Smolley
Room 6, Courthouse
350 South 5th Street
Minneapolis, MN 55415
(612) 348-2329
Jim Clark
Chief of Police
Eden Prairie Police Department
8080 Mitchell Road
Eden Prairie, MN 55344
(612) 949-6200
William Bernhjelm
Chief of Police
Edina Police Department
4801 West 50th Street
Edina, MN 55424
(612) 925-2242
Richard W. Setter
Chief of Police
Minnetonka Police Department
14600 Minnetonka Blvd.
Minnetonka, MN 55345
(612) 939-8500
Article XXV.
Notices
25.01. Any notice, report or demand which must be given or made
by a party hereto under the terms of this Agreement or any
statute or ordinance shall be in writing, and shall be sent
registered or certified mail. Notices to each TASK FORCE member
shall be sent to their respective contract administrator's
address given in Article XXIV of this Agreement.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
county Board Approval
TASK FORCE members, having signed this Agreement, and the
Hennepin County Board of Commissioners, having duly approved this
Agreement on the day of , 1996 and pursuant to
such approval, the proper COUNTY officials having signed this
Agreement, the parties hereto agree to be bound by the provisions
herein set forth.
Approved as to form.
Assistant County Attorney
Date:
Approved as to execution:
Assistant County Attorney
Date:
"
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Chair of its County Board
And:
Associate/County Administrator
And:
Hennepin County Sheriff
CITY OF MINNETONKA
on the The Minnetonka City Council duly approved this Agreement
day of , 1996.
Approved as to form
and legality:
Minnetonka City Attorney
I~
CITY OF MINNETONKA
By:
Its Mayor
And:
Its City Manager
'f
CITY OF EDINA
The Edina City Council duly approved this Agreement on
the day of , 1996.
Approved as to form
and legality:
CITY OF EDINA
By:
Edina City Attorney Its Mayor
And:
Its City Manager
CITY OF EDEN PRAIRIE
The Eden Prairie City Council duly approved this
Agreement on the day of , 1996.
Approved as to form
and legality:
Eden Prairie City Attorney
[Contract.DUll
CITY OF EDEN PRAIRIE
By:
Its Mayor
And:
Its City Manager
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT:
Finance Department
ITEM DESCRIPTION: Resolution Amending
Resolution No. 96.1 Regulating Fees and
Charges for Municipal Services
BACKGROUND:
DATE:
02/06/96
ITEM NO.
lttF
On November 21, 1995, the City Council reviewed proposed changes in recreation program fees. Also reviewed
at that time, were proposed amendments in room rental fees relating to the City Center meeting and conference
rooms. The resolution now presented for Council approval officially makes these changes effective. The proposed
changes are summarized as follows:
1) Groups were reorganized -
Group I & II were combined to form Group I -Public Agencies, Non-profit & Civic Organizations.
Group III became Group II -Eden Prairie residents & businesses.
Group I & II-Non-community were combined to form Group III-Non-resident individuals, groups,
commercial, non-profit, and business organizations.
Old rates are in parenthesis on new fee schedule.
2) Prairie Rooms A & B, Atrium Conference Room, North Conference Room, Resource Room and
Lower Atrium were added to the fee schedule as rooms available for evening rental.
3) Audio-visual equipment rental fee schedule was added.
4) A special user fee based on number of people, amount of space and type of activity may be required in
some instances. Refundable, this fee was applied to cover unusual anticipated expenses associated with
the user's program or event.
5) A $200 refundable damage deposit, in addition to the rental fee, shall be made by Group II and Group III.
6) General hours of operation are: Monday through Thursday, 7:30 a.m. to 10 p.m. and Friday, 7:30 a.m to
6 p.m. Special arrangements can be made for Saturdays, 8 a.m. to 12 Midnight and Sundays. If
special staff is needed, a fee based on the number of hours and employee's hourly wage rate shall
be charged.
ActionlDirection: Approve the Resolution Amending Resolution No. 96-1 RegUlating Fees and
Charges for Municipal Services, Section 3.17-City Center Meeting Rooms & Community Rooms
Rental Fees.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 96-1, REGULATING FEES AND
CHARGES FOR MUNICIPAL SERVICES
BE IT RESOLVED that Section 3.17 City Center Meeting Rooms & Community
Rooms Rental Fees be amended to read as follows:
Maximum capacity = 100 S50 Set·up Charge S25/hour • 2 hour minimum S30/hour· 2 hour minimum
( SI2 & S20/hr min) ( S20/hr & S30/hr) ( S30 & S50/hr )
Maximum capacity = 200 SIOO Set·up Charge $40/ hour -first four hours, S50/hour • first four hours,
( $24 & $40/hr min) S25/hour each add'i. hour S25/hour each add'i. hour
( $40/hr & S60/hr) ( S60/hr & SIOO/hr )
Standard Class Room S20/hour S30/hour S30/hour -4 hour minimum
Beverages & Snacks Only ($48·lst 4hrs/S12 each add'i ($60·lst 4 hrs/SIS add'i hour) ( S70 & SIOO/hr -1st 4 hrs & S20 & $25
hr) each add'i hr)
Standard Conference = 18
After 4:30· 10 p.m., Monday· Friday No Charge S25 Evening Sl5/hour
Limited Availability ( No Charge/Restricted UseO ( Not Offered)
City Priority
Restricted Use Restricted Use
Standard Set·up $50/hour Restricted Use S75/hour • first four hours,
No FoodlBeverages (No Charge !Restricted Use) S60/hour -4 hour minimum ( S80 UIOO/hr-Ist 4 hrs)
AV Technician Required, w/Extra ($40/hr • 1st 4 hrs) $IOO/each add'i. hour
Charge (S20 & S25/hr each add'i hr)
Standard Conference = 10
After 4:30 • 10 p.m, Monday -Friday No Charge $25/Evening Sl5/hour
Limited Availability (Not Offered) (Not Offered)
City Priority
Standard Conference = 8
After 4:30 • 10 p.m. No Charge S25/Evening Sl5/hour
Monday -Friday (Not Offered (Not Offered)
Limited Availability
City Priority
Standard Conference = 8
After 4:30 • 10 p.m. No Charge S25/Evening $15/hour
Monday· Friday (Not Offered) (Not Offered)
Limited Availability
City Priority
"-------------------------------
Limited Availability w/Special Arran •• n,.nt,
Capacity = 100 $50 Set-up Charge
Set-up Charge
[ An additional $15 fee for Classroom style set-up and those set-ups requiring round tables.
$15/hour -4 hour minimum
(Not Offered)
$20/hour -4 hour minimum
(Not Offered)
[ The Heritage Room is an official Emergency Shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly.
Reservations:96resfee
Priority Rental Classifications
Garden Room Fee Schedule
With meal service
-Cartering Charge Only
With meal service
·Catering Charge Only
(No charge)
Audio-Visual Equipment Fee Schedule
Dry Erase Baord (3' x 5') with markers
Easel
Flipchart/Dry Erase (24" x 30") with paper
Extra pad of paper
Overhead projector
Podium, floor model
Podium, table top model
Slide projector with carousel
Screen, projection (tripod stand) 6' x6'
Microphone/stand & speakers
Microphone, wiireless dip-on and speakers
TY/VCR on cart
S7.50
$5.00
$10.00
$12.00 each
$15.00
S7.S0
$5.00
$15.00
SIO.OO
$15.00
$20.00
$15.00
With meal service
-Catering Charge Only
(No Charge)
Government -Any activity related to the operations of Eden Prairie's City government including, but not limited to, City Council, board and
commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including
Minnesota's federal and state representatives. People Reaching Other People (PROP) shall be included as the City's non-profit social
services/food shelf agency.
Group I -Public agencies, School District 272, civic organizations, S.w. Metro Transit, non-profit professional groups with City
representation, Eden Prairie based groups which contribute to the well being and betterment of the community, and those businesses
currently working with City projects.
Group II -*Eden Prairie residents and businesses.
Group III (Non-community) -Non-resident individuals, groups, commercial, non-profit, and business organizations.
*A Community Group is Eden Prairie based if the user group has its mailing address or headquarters in the City of Eden Prairie, or has at
least 75% of its' membership roster residing in Eden Prairie.
NOTE: Eden Prairie residents and businesses may NOT make reservations for non-residents and non-Eden Prairie based businesses.
ADOPTED by the City Council of the City of Eden Prairie on this 6th day of February, 1996.
Dr. Jean Harris, Mayor
ATTEST:
________________________ SEAL
John D. Frane, City Clerk
DATE: 2/6/95
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: Resolution Authorizing ITEM NO. IV .G.
Finance Department Industrial Development Revenue Bonds for
Challenge Printing, Inc.
BACKGROUND:
Challenge Printing, Inc., an Eden Prairie Company, has requested that the City use its
statutory authority to issue tax-exempt revenue bonds to finance the acquisition and
installation of commercial printing equipment for their facility located at 7500 Golden Triangle
Drive. The amount requested is $1,340,000. Such bonds are not obligations of the City and
accordingly the City has no financial risk in their issuance. The bonds will be privately
placed with accredited investors by Norwest Bank, Mn. Repayment of all principal plus a
certain amount of interest on these bonds will be secured by an irrevocable letter of credit
issued by Norwest. The required Public Hearing was conducted by the Council on October
3, 1995. The City Attorney's staff have reviewed the proposed transactions and find the
Resolution to be in order for Council approval. The City will receive annual payments in the
amount of 1/8 of 1 % of the outstanding principal balance.
RECOMMENDED ACTION:
Adopt the Resolution authorizing the issuance and sale of $1,340,000 Revenue Bonds,
Series 1996 for the Challenge Printing, Inc. Project.
I
FROM B&M FAX 612-334-8650 VOICE 334-8520 (TUE) 01. 3D' 96 13: 23/ST. 13: 23/NO. 3560292466 P 3
RESOLUTION NO. 96 -
RBSOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$1,340,000 VARIABLE RATE DEMAND INDUSTRIAL DgVELOPMENT
REVENUE BONDS, SERIES 1996 (CHALLENGE PRINTING, INC.
PROJECT) TO FINANCB A PROJECT
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the "Issuer"), as follows:
1. The Issuer haB received a proposal from Challenge
Printing, Inc. (the "Company") that the Issuer undertake to finance
a certain Project as herein described, and pursuant to Minnesota
Statutes, Sections 469.152 through 469.1651 (the "Act"), through
issuance by the Issuer of its $1,340,000 Variable Rate Demand
Industrial Development Revenue Bonds, Series 1996 (Challenge
Printing, Inc. Project) (the "Bonds").
2_ It i6 proposed that, pursuant to a Loan Agreement
dated as of February 1, 1996, between the Issuer and the Company
(the r'Loan Agreement"), the Issuer loan the proceeds of the Bonds
to the Company to finance the acquisition and inst.allation of
commercial printing equipment (the "Project") in the manufacturing
facil.ity locat.ed at 7500 Golden Triangle Drive, Bden Prairie,
Minnesota which the Company leases from Robert. Lothenbach. The
basic payments to be made by the Company under the Loan Agreement
are fixed so as to produce revenue sufficient t.o pay the principal
of, premium, if any, and interest on the Bonds when due. It is
further proposed that the Issuer assign its rights to the basic
payments and certain other rights under the Loan Agreement to First
Trust National Association, in St. Paul, Minnesota (the "Trustee")
as security for payment of the Bonds under an Indenture of Trust
dated as Of February 1, 1996 (the "Indent.ure"). Payment of the
Bonds is initially secured by an irrevocable Letter of Credit to be
issued by Norwest. Bank Minnesota, National Association in favor of
the Trustee in an amount equal to the p~incipal amount of the Bonda
plus a certain amount of interest thereon. The Bonds are intended
to be privately placed with accredited investors by Norwest Bank
Minnesota, Nat.ional Association (the "Placement Agent") in
accordance with a Bond Placement Agreement dated as of closing
among the Issuer, the Company and the Placement Agent (the
"Placement Agreement") and pursuant to a Private Placement
Memorandum dated as of the date of closing (the "Memorandum").
3. Pursuant t.o the preliminary approval of the Issuer,
forms of the following document.s have been submitted to the Issuer
for approval:
741763.1
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(a) The Loan Agreement,
(b) The Indenture, and
ec) Placement Agreement.
The use of th.e Memorandum is hereby approved, but the Issuer takes
no responsibility for any of the information contained therein.
741763.1
4. It is hereby found, determined and declared that:
Ca) it is desirabl.e that the Bonds be issued by the
Issuer upon the terms set forth in the Indenture;
(b) the basic payments under the Loan Agreement are
fixed to produce revenue sufficient to provide for the prompt
payment of principal of, premium, if any, and interest on the
Bonds issued under the Indenture when due. and the Loan
Agreement and Indenture also provide that the Company is
required to pay all expenses of the operation and maintenance
of the Project, including, but without limitation, adequate
insurance thereon and insurance against all liability for
injury to persons or property arising from the operation
thereof, and all. taxes and special assessments levied upon or
with respect to the Project Premise6 and payable during the
term of the Loan Agreement and Indenture; and
(c) under the provisions of Minnesota Statutej;,
Section 469.155, and as provided in the Loan Agreement and
Indenture, the Bonds and the interest thereon and any penalty,
charge or premium, or any amounts payable thereunder, however
designated, due thereunder are payable by the Issuer solely
from the revenues and proceeds derived trom the Loan
Agreement, do not constitute a debt of the Issuer within the
meaning of any constitutional or statutory limitation, are not
payabl.e from or a charge upon any funds of the Issuer other
than the revenues and proceeds pledged by the Issuer to the
payment thereof, and do not give rise to a pecuniary liability
of the Issuer nor of any of its officers, agents, or
employees, and no holder of the Bonds shal.1 ever have the
right to compel any exercise of the taxing power of the Issuer
to pay the Bonds or the interest thereon or any penalty,
charge or premium or any amounts payable thereunder, however
designated, due thereunder, or to enfox:-ce payment thereof
against any property of the Issuer, and the Bonds and the
interest thereon and any penalty; charge or premium, or any
amounts payabl.e thereunder, however designated, do not
constitute a charge, lien or encumbrance, legal or equitable,
upon any property of the Issuer and the agreement of the
Issuer to perform or cause the performance of the covenants
and other provisions therein referred to shall be subject at
all times to the aVailability of revenuefi O' g~be* ~Ymi~
3
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furnished for such purpose in accordance with the Loan
Agreement, sufficient to pay all costs of such performance or
the enforcement thereof. The provisions of this paragraph
shall, for purposes of the Bonds, be controlling and shall be
given full force and effect, anything else to the contrary in
the Bonds notwithstanding.
5. Subject to the final approval of Issuer's counsel
the forms of the Loan Agreement, Indenture and Placement Agreement
and exhibits thereto are approved substantially in the form
submitted. The Loan Agreement, Indenture and Placement Agreement
are directed to be executed in the name and on behalf of the Issuer
by the Mayor and the City Manager. Any other documents and
certificates necessary to the tranaaction described above shall be
executed and delivered by the appropriate Issuer officials. Copies
of all of the documents necessary to the transaction herein
described shall be delivered, filed and recorded as provided herein
and in the Loan Agreement, Indenture and Placement Agreement.
6. The Issuer shall proceed forthwith to issue its
Bonds, in the form and upon the terms set forth in the Indenture.
The offer of the Placement Agent to place the Bonds for sale to
accredited investors at par plus accrued interest to the date of
delivery at the interest rate or rates specified in the Indenture
as of the date of issuance of the Bonds at a rate not to exceed lO~
per annum is hereby accepted. The Mayor and City Manager are
authorized and directed to prepare and execute the Bonds as
prescribed in the Indenture and to deliver them to the Trustee for
authentication and delivery to the Placement Agent.
7. The Mayor and City Manager and other members of the
City are authorized and directed to prepare and furnish to the
Placement Agent certified copies of all proceedings and records of
the Issuer relating to the Bonds, and such other affidavits and
certificates as may be required to show the facts relating to the
legality of the Bonds as 8Ucn factB appear from the books and
records in the officers' custody and control or as otherwise known
to them; and all such certified copies, certificates and
affidavits, including any heretofore furniahed, shall constitute
representations of the Issuer as to the truth of all statements
contained therein.
8. The approval hereby given to the various documents
referred to above includes approval of such additional details
therein as may be necessary and appropriate and such modifications
thereof, deletions therefrom and additions thereto as may be
necessary and appropriate and approved by Issuer's counsel and the
officials authorized herein to execute said documents prior to
their execution; and said of f icials are hereby authorized to
approve said changes on behalf of the Issuer. The execution of any
instrument by the appropriate officer or officers of the Issuer
herein authorized shall be conclusive evidence of the approval of
Buch documents in accordance with th~ terms hereof. In the absence
741763.1 4
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of the Mayor or City Manager, any of the documents authorized by
this resolution to be executed may be executed by the acting Mayor
or designee of the City Manager, respectively.
Adopted: February 6, 1996
Mayor
Attest ____ --______________ __
Clerk
(SEAL)
741763.1 5
FROM B&M FAX 612-334-8650 VOICE 334-8520 (TUE) 01. 30' 96 13: 25/ST. 13: 23/NO. 3560292466 P 7 .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
I, the undersigned, being the duly qualified and acting
Clerk of the City of Eden Prairie, Minnesota, 00 HERBBY CERTIFY
that I have compared the attached and foregoing extract of minutes
with the original thereof on file in my office, and that the same
is a full, true and complete transcript of the minutes of a meeting
of the City Council of said City of Eden Prairie duly called and
held on the date therein indicated, insofar as suCh minutes relate
to the authorization of the issuance of the $1,340,000 Variable
Rate Demand Industrial Development Revenue Bonds, Series 1996
(Challenge Printing, Inc. Project).
WITNESS my hand and the seal of said City of Eden Prairie
this day of February, 1996.
Clerk
(SEAL)
741763.1
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE: 2/6/96
ITEM NO. rr. H.
DEPARTMENT: Parks, ITEM DESCRIPTION: Proposed Revision to Park Use Ordinance, City
Recreation and Facilities ~~~ Section 9.04
Robert A. Lambert, Director (GtC-
BACKGROUND:
Attached is a proposed revision to the Park Use Ordinance that would add a section to the ordinance that
would make it illegal to go into, on or upon any part or area of a park where the City has notified the public,
through signage, that the area is closed.
On occasion the City will close facilities such as a swimming beach, a sliding hill, playground equipment or
ballfields due to dangerous conditions. These dangerous conditions may be caused by weather where the
sliding hill may become icy and dangerous for public use, or ballfields may become extremely wet and
dangerous to the players, or weather may cause conditions where use would cause damage to the facility.
Swimming beaches are often closed due to weather conditions such as severe storms, or simply due to hours
of operation when a lifeguard is not on duty. Playgrounds may be closed due to some dangerous conditions
when the playground is in need of repair.
Without this language in the City Code, these "park closed" signs are basically unenforceable by the City Park
Rangers or Police.
RECOMMENDATION:
City staffs recommend the Parks, Recreation and Natural Resources Commission and the City Council
approve the proposed revision to the Park Usc Ordinance.
BL:mdd
Attachment: Copy of Proposed Ordinance
ParkU se2/Bob96
1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -96
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING
PUBLIC PARKS BY AMENDING SUBD. 4 THEREOF BY ADDING AI., AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Section 9.04, Subd. 4. is amended by
adding AI. to read as follows:
"AI. Go in, into, on or upon any part or area of a park,
including but not limited to, ball and play fields,
sliding hills, playgrounds, or swimming beaches on or
with respect to which a sign is placed containing
information that such a part or area of a park lS
closed. "
Section 2. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 9.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This ordinance shall become effective from and
after its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the day of , 1996,
and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of
______________ , 1996.
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the
______________________ , 1996.
C:\wpSl\rap\-2p\ord\park.vio
2
day of
--------------------~------
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/6/96
SECTION: Consent Calendar ITEM NO.:or. I
DEPARTMENT: Parks, ITEM DESCRIPTION: A Resolution Amending Resolution No. 91-1,
Recreation and Facilities Regulating Fees and Charges for Ice Rental Rates at the Eden Prairie
Robert A. Lambert, Director Community Center
~.
On January 2, 1996, the City Council approved the 1996 Fee Resolution that included fee rates for ice rental
at the Eden Prairie Community Center. The Council approved prime rates on the standard size rink at
$107.50/hour and on the Olympic size rink at $112.50/hour beginning January 2 through March 31 with
the prime time rate for both the standard size rink and the Olympic size rink increasing to $115/hour + tax
beginning April 1, 1996. The non prime time rate for both the standard size rink and the Olympic size rink
will be $85/hour + tax beginning April 1.
As an attachment to the Fee Resolution, staff reported that there would be a supplemental report making
a recommendation for a discounted rate for summer ice based on a survey on summer ice time fees charged
by other ice arenas in the southwest metro area. That survey was recently completed and is attached to this
memorandum. Commission and Council members will note that the average 1996 prime time ice rate for
the ten rinks surveyed is $1 14.15/hour. This compares to the $115/hour City staff is recommending for
prime time ice during the school year. Commission and Council members will also note that seven of the
ten rinks provide ice during the summer months. Of those seven rinks, the average summer ice rental rate
varies from $ 130/hour in New Hope to $95/hour in Minnetonka. The average rate is $108.93. The two
rinks that share the Team Minnesota Tournament with the City of Eden Prairie are Burnsville and
Bloomington. Both of those rinks provide Team Minnesota with icc time at $90/hour. Four of the seven
rinks that offer summer ice do not offer any discounted rate. The three ice rinks that border Eden Prairie
that offer summer ice are Bloomington at $1 OO/hour, Edina at $11 O/hour and Minnetonka at $95/hour.
Summer ice is currently rented by Hockey Schools, hockey tournament groups looking for summer ice
leagues and our Figure Skating Club. The majority of these groups are looking for relatively large blocks
of ice time and prefer to go to the same rink for their entire program. It is critical for the City to be
competitive with adjacent ice arenas when trying to sell summer ice.
RECOMMENDATION:
City staff recommend the City Council approve a summer icc rental fee of $1 OO/hour for prime time ice and
$85/hour for non prime time ice. Non prime time ice is after II :00 p.m. until close. Prime time ice begins
whenever the Community Center is open in the morning until II :00 p.m. Summer ice rental begins June
I and ends August 31. Staff further recommends the Council authorize an ice time fee of $90/hour for the
Team Minnesota Tournament in order to be consistent with the Burnsville and Bloomington ice rinks that
are also hosting this international tournament.
BL:mdd
SumlcelBob96
---------------~
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 91-1,
REGULATING FEES AND CHARGES FOR ICE RENTAL RATES
AT THE EDEN PRAIRIE COMMUNITY CENTER
BE IT RESOLVED that Section 3.8, Item A, Ice Arena -Standard Size Rink and Olympic
Rink be amended to read as follows:
3.8 Community Center
A. Ice Arenas -Standard Size Rink and Olympic Size Rink
•
•
•
•
•
•
•
•
•
•
Prime time (with applicable tax)
Standard Size Rink = $1 07.50/hour
Olympic Size Rink = $112.50/hour
(effective January 2 through March 3 I, 1996)
Non prime time (with applicable tax)
(II p.m. to 2 p.m. on days when school is in session)
Standard Size Rink = $55/hour
Olympic Size Rink = $57.50/hour
(effective January 2 through March 31, 1996)
School District 272 physical education classes = $28.75 effective January 2-March 31,
1996.
Prime time rate for both standard size rink and the Olympic size rink = $115/hour
(with applicable tax) beginning April I , 1996.
Non prime time rate for both the standard size rink and the Olympic size rink =
$85/hour (with applicable tax) (11 p.m. to 2 p.m. on days when school is in session)
beginning April 1, 1996.
School District 272 ice rate for physical education classes = $42.50/hour (50% of non
prime time ice rate) beginning April I, 1996.
School District 272 hockey games = $115/hour (personnel required to run the games
supplied by others -City keeps the gate minus ice time and personnel costs).
Prime time rate for both rinks during summer months (June I -August 31, 1996) =
$1 OO/hour plus applicable tax.
Non prime time rate for both rinks during summer months (June 1 -August 31, 1996)
= $85/hour plus applicable Tax. Non prime time hours are 11 p.m. until close.
Rental for Team Minnesota Tournament is $90/hour.
Individual open skate fees.
-.l.-
User Classification Members NonMembers
Adults (ages 19 & up) Free $2.50
Youth (ages 5 to 18) Free $2.00
Tot (ages 4 & under) Free $1.00
Family Free $5.00
Senior Free $1.25
ADOPTED by the City Council of the City of Eden Prairie on this 6th day of February, 1996.
Dr. Jean Harris, Mayor
ATTEST:
John D. Frane, City Clerk SEAL
-1-
ICE ARENA SURVEY
FACILITIES ApQle Valley Blake Burnsville Bloomington Chaska
What are your 1996 prime time ice rates $120.00 $135.00 $115.00 $114.00 $100.00
What are your 1996 non-prime time ice rates $87.50 $100.00 $90.00/$62.00 $90.00/$57.00 $75.00
What are your non-prime time hours 11pm-6am 10pm-6am After 10pm/day After 10pm/day After 10pm-3pm
What are your summer ice rates No ice No ice
Prime time · $110.00 $105.00 $100.00 ·
Non-prime time · $100.00 $85.00 $90.00 ·
Is there a discount rate for large blocks of ice time · No No No ·
If yes How much do they need to purchase · · · · ·
· · · · What is the discount · · · · PRIME TIME · · · · · NON-PRIME TIME · · · · · SUMMER ICE
Is there other reasons for granting a discount No No TM Minn$90 TM MIN$90 No
+ FACILITIES Edina Minnetonka New Hope Richfield Shakopee
What are your 1996 prime time ice rates $110.00 $95.00 $130.00 $112.50 $110.00
What are your 1996 non-prime time ice rates $75.00 $95.00 $130.00 $82.50 $55.00
What are your non-prime time hours Before 8am None None After 11pm 10pm-6am
What are your summer ice rates
Prime time Same Same Same Same No ice
Non-prime time Same Same Same Same ·
Is there a discount rate for large blocks of ice time No No No No ·
If yes How much do they need to purchase · · · · ·
· · · · What is the discount · · · · · PRIME TIME · · · · · NON-PRIME TIME · · · · SUMMER ICE
Is there other reasons forgranting a discount No No No No No
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-6-96
SECTION: PUBLIC HEARINGS
ITEM NO. \J. A '
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger KINDERCARE-SHADY OAK ROAD
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt an Ordinance for Zoning District Change from Rural to Neighborhood Commercial on 1.7
acres;
• Approve a Resolution for Preliminary Plat of 4.83 acres into 2 lots.
Background:
The Planning Commission recommended approval ofthe zoning change, preliminary plat and site plan review
at the January 8, 1996 meeting. The vote was 7-0. The Planning Commission felt that the proposal was
compatible with surrounding uses and was consistent with city code.
Supporting Reports:
l. Staff Report dated January 5, 1996
2. Planning Commission Approved Minutes of January 8, 1996
3. Resolution for Preliminary Plat
4. Correspondence
I
KINDERCARE -SHADY OAK ROAD
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF KINDERCARE-SHADY OAK ROAD FOR TANDEM CORPORATION
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Kindercare -Shady Oak Road for Tandem Corporation dated January
30, 1996, consisting of 4.83 acres into 2 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 6th day of February, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
2.
APPROVED MINUTES
CITY OF EDEN PRAIRIE PLANNING COMMISSION
COMMISSION MEMBERS:
ST AFF MEMBERS:
IV. PUBLIC HEARINGS
January 8, 1996
Katherine Kardell, Kenneth E. Clinton,
Randy Foote, Ismail Ismail, Douglas
Sandstad, Edward Schlampp, Mary Jane
Wissner
Michael D. Franzen, City Planner,
Barbara Anderson, City Recorder
and
A. KINDERCARE -SHADY OAK ROAD by Tandem Corporation. Request for
Zoning District change from Rural to Neighborhood Commercial on 1.7 acres, Site
Plan Review on 1.7 acres and Preliminary Plat of 4.83 acres into 2 lots. Location:
City West Parkway and Shady Oak Road.
Franzen introduced Erik Johnson ofRLK Associates in Minnetonka.
Johnson reviewed the history of the site and the surrounding property. He discussed
the grading and drainage plan for the site and the traffic figures which were provided
by Benshoof and Associates. He discussed the site design and traffic circulation
patterns and reviewed the landscaping plan, which will provide transition between this
site and the adjacent properties. He noted that the play areas would not be located
adjacent to Shady Oak Road. He reviewed the access and the parking for the site.
Greg Ryder of Kindercare was also present to answer any questions from the
Commissioners.
3
PLANNING COMMISSION MINUTES
January 8, 1996
Page 2
Sandstad inquired about the 10 foot retaining wall on the site and how high it would
be. Johnson responded that it will be at least ten feet in height but they intend to
break it up and use plantings in between the sections to soften the view. Sandstad
inquired about the grades on the private drive, and Johnson reviewed those figures.
Ismail inquired if there was another day care center in this area and how this would
affect the business. Johnson responded that there was a New Horizon Day Care
Center in the area, but the Kindercare would be a more modern facility which would
cater to a larger age range of children. Ismail commented he was unsure that this
location was the best location for this type of facility.
Schlampp inquired about the exterior building finish and the location for the proof of
parking spaces on the site. Johnson responded they have proposed a brick exterior
finish for the building and the proof of parking spaces were located in the play area,
which could be converted to parking spaces if the building were sold and converted
to another use.
Franzen reviewed the staff report and noted that staff supported the proposal and
recommended approval, subject to the recommendations in the staff report. He noted
that staff recommended the addition of large conifer plantings between the outdoor
play area and Shady Oak Road.
Ismail inquired if the developer had agreed to the conditions imposed by staff.
Johnson indicated they were in agreement with the staff recommendations.
Wissner inquired if there was a stop sign at the intersection of Chase Pointe and City
West Parkway. Franzen responded that there was not one presently, but perhaps it
should be considered.
MOTION:Wissner moved, Clinton seconded, to close the Public Hearing. Motion
carried 7-0. The Public Hearing was closed.
Foote expressed concern about similar uses being located adjacent to each other.
Kardell commented it appeared there was sufficient need for this type of use, and
compared it to a McDonald's and a Burger King being located in the same vicinity.
MOTION: Wissner moved, Clinton seconded, to recommend approval of
Kindercare for Tandem Corporation for Zoning District change from Rural to
Neighborhood Commercial on 1.7 acres, Site Plan Review on 1.7 acres and
Preliminary Plat of 4.83 acres into 2 lots, located at City West Parkway and Shady
Oak Road subject to the conditions as set forth in the Planning Commission Staff
Report dated January 5, 1996. Motion carried 7-0.
4
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
LOCATION:
REQUEST:
Planning Commission
Michael D. Franzen, City Planner
January 5, 1996
Kindercare-Shady Oak Road
Tandem Corporation
City West Parkway and Shady Oak Road
1. Zoning District Change from Rural to Neighborhood
Commercial on 1.7 acres.
2. Site Plan Review on 1.7 acres.
3. Preliminary Plat of 4.83 acres into 2 lots.
.•..•. . ".\. -of~ •• -,
Staff Report
Kindercare-Shady Oak Road
January 5, 1996
BACKGROUND
This site is the remaining piece of a project known as Chase Point approved by the City Council in
1989. The existing daycare and the gas station are the first two uses built. When Chase Point was
approved in 1989, there was a traffic limitation placed on the balance of the undeveloped land. This
was required since there was no signal at Shady Oak Road and City West Parkway, City West
Parkway extension to Shady Oak Road had not been completed, and turn lanes and through lanes had
not been installed on new Shady Oak Road.
The City Council changed the Comprehensive Guide Plan from Residential to Neighborhood
Commercial for this piece of property, but did not grant zoning approval since no specific
development plans were available at that time.
SITE PLAN
The site plan depicts the subdivision of approximately 4.83 acres into two lots. Proposed Lot 2 is for
a daycare center and proposed Lot 1 is for future development. Access to the Kindercare project and
the undeveloped property is by private road.
A variance is required for lot size less than 2 acres for proposed Lot 2.
The proposed Kindercare building meets the required front, rear, and side yard setback requirements.
The proposed Kindercare meets city code for parking. A proof of parking plan shows additional
parking that could be built if the daycare is converted into another type of retail use which requires
more parking.
GRADING
This property will sit approximately 5 feet below the grade of Shady Oak Road. The property will
also be approximately 10 feet higher than the existing SuperAmerica property to the south. A 10 foot
high retaining wall is necessary along the east side of the private drive .
Drainage from this project will flow through a storm sewer system to an existing pond on the New
Horizon Dayc1U"e property. This pond would be reconstructed to NURP standards.
BUILDING ARCHITECTURE
City code requires that the buildings be constructed with similar materials, colors and construction
details as other buildings in the area. This would mean that the brick and shingle color must be similar
to the daycare and the SuperAmerica building. The building must also be constructed out of75%
face brick and glass.
1
Staff Report
Kindercare-Shady Oak Road
January 5, 1996
LANDSCAPING
The amount of landscaping required for this project is based upon a caliper inch requirement based
upon building square footage, screening and buffering from Shady Oak Road, and transition to the
existing SuperAmerica building on the south and future commercial areas on the north. The
landscape plan meets the caliper inch requirement and provides for transitional plantings along the
north and south property line. The landscape plan would benefit from additional large conifer
plantings between the play areas and Shady Oak Road. This would be similar to the approach used
for the Kindercare at Anderson Lakes Parkway and Highway 169.
TRAFFIC
Traffic generation is 188 p.m. peak hour trips. This exceeds the 134 p.m. peak hour restriction of
the Chase Point Developer's Agreement. That restriction was put in place since road improvements
in the area had not been completed. City West Parkway has been extended to Old Shady Oak Road,
a signal has been installed at the Shady Oak Road and City West Parkway intersection and turn lanes
and through lanes have been installed on Shady Oak Road. Since these improvements are
constructed, traffic can be accommodated.
LIGHTING
Since this site is adjacent to a residential area to the west, lighting standards should not exceed 20
feet in height and should be a shoe box design.
SIGNS
One, 80 square foot, 20 foot high, pylon sign may be constructed on the property.
STAFF RECOMMENDATION
The Community Development Staff would recommend approval of the project based on plans dated
January 5, 1996 and the Staff Report dated January 5, 1996 and subject to the following conditions:
I. Prior to City Council review, the proponent shall:
A. Modify the landscape plan to provide additional large conifer plantings between the
outdoor play area and Shady Oak Road.
II. Prior to final plat approval, the proponent shall:
A. Submit stonn water runoff, utility and erosion control plans for review by the City
Engineer.
Staff Report
Kindercare-Shady Oak Road
January 5,1996
---------------------- -- ---
B. Submit detailed stonn water runoff, utility and erosion control plans for review by the
Watershed District.
C. Submit plans for the reconstruction of the existing pond to NURP standards.
III. Prior to building permit issuance, the proponent shall:
A. Pay the cash park fee.
B. Submit plans for review by the Fire Marshal.
C. Submit the final landscape plan and security.
D. Submit samples of exterior building materials.
IV. Apply for and receive approval from the Board of Appeals and Adjustments for lot size less
than 2 acres in a Neighborhood Commercial District for proposed Lot 2.
HennepJn Cgoynty
Micha
City
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Proposed Plat -KinderCare Learning Center
December 28, 1995
CSAH 61, west side approximately 350 feet south of TH62
Section 2, Township 116, Range 22
Hennepin County Plat No. 2288
Review and Recommendations
Dear Mr. Franzen:
Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County
review of proposed plats abutting County roads. We reviewed the above plat
and make the following comments:
• The eXisting 50 feet of right of way is adequate. Hennepin County does
not need additional right ~f way from the plat at this time.
• As indicated on the preliminary plat, all access must be via the internal
street system. Hennepin County will not permit any driveway access to
CSAH 61.
• All proposed construction within County right of way requires an approved
Hennepin County permit prior to beginning construction. This includes,
but is not limited to access, drainage, utility construction, trail
development, and landscaping. Contact our Permits Section at 930-2550
for the appropriate permit forms.
• The developer must restore all areas, within County right of way,
disturbed during construction.
Please direct any response to Doug Mattson.
Sincerely, .J~.(),~
Thomas D. ~nson, P.E.
Transportation Planning Engineer
TDJjDBM
Department of Public Works
320 Washington Avenue South
Hopkins, Minnesota 55343-8468
(612)930-2500 FAX:(612)930-2513
10
- ---------~-----------------
Recycled Paper
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-6-96
SECTION: PUBLIC HEARINGS
ITEM NO. v·B-
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger ROGER'S COMMERCIAL GUIDE PLAN CHANGE
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Deny an Ordinance for Comprehensive Guide Plan Change from Industrial to Neighborhood
Commercial on 1.91 acres.
Background:
The Planning Commission recommended that the Comprehensive Guide Plan change to Commercial be
denied at the January 8,1996 meeting. The vote was 7-0. The Planning Commission felt that the area was
adequately served by 3 convenience-gas stations and there would be impacts on the residential areas to the
south.
Supporting Reports:
1. Staff Report dated January 5, 1996
2. Planning Commission Approved Minutes of January 8, 1996
3. Resolution for Comprehensive Guide Plan Change
g:~anlmikelreport8Ifinrogers.
I
ROGER'S COMMERCIAL GUIDE PLAN CHANGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION DENYING THE
AMENDMENT OF THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive
Municipal Plan ("Plan"); and,
WHEREAS, the Plan has been submitted to the Metropolitan Council for review and
comment; and
WHEREAS, the proposal of Roger's Commercial Guide Plan Change from Industrial to
Neighborhood Commercial by Roger Lindeman requires the amendment of the Plan;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden
Prairie, Minnesota, hereby denies the amendment of the Plan as follows: 1.91 acres from
Industrial to Neighborhood Commercial all located at 9125 Flying Cloud Drive.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of February,
1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
PLANNING COMMISSION MINUTES
January 8, 1996
Page 3
B. ROGER'S COMMERCIAL GUIDE PLAN CHANGE by Roger Lindeman.
Request for Comprehensive Guide Plan Change from Industrial to Neighborhood
Commercial on 1.91 acres. Location: 9125 Flying Cloud Drive.
Roger Lindeman stated he was the owner of Roger's Body Shop and he had initially
purchased this property with the idea of expanding his business onto this site.
However, he had decided that it was too close to his present location to open an
additional body shop and he requested a change from Industrial to Neighborhood
Commercial to allow for another business to be located on this property.
Lynn Eichman stated they are proposing that it become a commercial use because the
existing Body Shop services the area adequately. They propose that a convenience
store/gas station be located on the site which would be advantageous for the traffic
on Highway 169. He noted that the property to the north was zoned Industrial and
they believe the proposed use would fit in well with this zoning classification.
Wissner asked about the access to the site. Franzen reviewed the City's plan for a
road to connect from Darnel Road to Sunnybrook with an access onto Highway 169
opposite from the Hennepin Technical College intersection.
Franzen gave the staff report and noted that there are two gasoline/ convenience store
operations located within a halfmile of the site, and staff believed that another similar
use would not be the best use of the property. Staff recommended denial of the
request based on the reasons listed in the staff report.
The Public Hearing was opened.
Jim and Sherry Simchuck, 9145 Flying Cloud Drive, noted they live immediately
adjacent to the site on the south. They expressed concern about the station being a
good neighbor as it was proposed to be open for 24 hours a day. Sherry stated she
was not in favor of looking out her window at people filling their cars with gas. and
did not want to have a gas station as an immediate neighbor.
Kardell asked now the street might develop and Franzen responded that it was
originally discussed when the body shop use was proposed. The road would extend
east to a Darnel court extension.
Schlampp inquired if the applicant could construct a body shop now and Franzen
responded yes. Schlampp asked what reasons there were to deny the request.
Franzen referred to the Staff Report. Franzen added that the proponents did not have
to show a site plan for the property in order to make the guide plan change request.
If the gas station/convenience store had not been included in the plans, staff would
have assumed any commercial use could go onto the property. Schlampp expressed
concern about the reasons for denial recommended by staff.
PLANNING COMMISSION MINUTES
January 8, 1996
Page 4
Sandstad commented he saw other problems with the request in that gas
station/convenience stores have canopies over the pwnps which are very brightly lit
and have a large amount of light spillover onto adjacent properties creating an adverse
effect. He did not support the proposed use on the site.
Wissner commented she believed that the proposed use was not needed since there
were two other existing gas/convenience stores in the area.
Clinton stated he did not believe that the proposed use was needed, but if a different
commercial use were proposed in the future he would consider it.
Foote stated he could not support the proposal from a traffic perspective and he was
opposed to granting the reguiding request.
Schlampp commented that since the proponent had approval for an industrial use he
did not support the proposed use for the property.
MOTION: Sandstad moved, Foote seconded to close the Public Hearing. Motion
carried 7-0.
MOTION: Sandstad moved, Foote seconded to recommend denial of the request
of Roger Lindeman for Comprehensive Guide Plan Change from Industrial to
Neighborhood Commercial on 1.91 acres located at 9125 Flying Cloud Drive based
on the reasons listed in the Staff Report dated December 5, 1996. Motion carried
7-0.
II
/
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
./
LOCATION:
REQUEST:
Planning Commission
Michael D. Franzen, City Planner
January 5, 1996
Roger's Commercial Guide Plan Change
Roger Lindeman
9125 Flying Cloud Drive
1. Comprehensive Guide Plan Change from Industrial to
Neighborhood Commercial.
JD
, . .. ,
L.UNOS-.
. C=lItiER
',DO
~~EN ~"K E!..Eld.
Staff Report
Roger's Commercial Guide Plan
January 5,1996
BACKGROUND
This property is currently guided Industrial and is zoned 1-2 Park. The property was rezoned from
Rural to Industrial in 1987 for the purpose of constructing an auto body shop. The property was
rezoned Industrial since it was guided Industrial and it was adjacent to guided and zoned Industrial
property to the north.
COMPREHENSIVE GUIDE PLAN CHANGE
The decision to change the Comprehensive Guide Plan is a legislative decision of the City Council
after an advisory recommendation from the Planning Commission. There should be compelling
reasons for changing the Comprehensive Guide Plan. The property should remain guided Industrial
for the following reasons:
1. There are two convenience gas stations within one-half mile of the site. There is an Amoco
station at the intersection of Anderson Lakes Parkway and Highway 169, and a
SuperAmerica at the intersection of Pioneer Trail and Highway 169.
2. This area of the community is adequately served by convenience gas and retail. The typical
service area for convenience gas \retail (Neighborhood Commercial) is 1.5 to 2 miles.
3. A commercial use in this location would generate considerably more traffic than Industrial.
Convenience gas, banks, and fast food restaurants are the highest traffic generators.
4. Commercial driveways opposite future residential land to the south will create traffic
conflicts. The City Council did not support a rezoning for convenience gas on Dell Road
and Highway 5 since there were existing townhomes on the south side of Cascade Drive.
There are some existing houses to the south of this property and the site is currently guided
Low Density Residential. This commercial project has the same zoning, transition, and
traffic impacts as the Dell and Highway 5 Commercial project.
5. The property does not meet the minimum lot size requirement of 2 acres for Commercial.
Although the City granted a variance for lot size less than 2 acres in the Industrial Zoning
District, was an existing condition. The City has not granted variances for lot sizes less than
2 acres in Commercial areas.
1
Staff Report
Roger's Commercial Guide Plan
Jan uary 5, 1996
STAFF RECOMMENDATION
--------------...........
The Community Development staff would recommend that the Planning Commission send an
advisory recommendation of denial to the City Council for the change in the Comprehensive Guide
Plan from Industrial to Neighborhood Commercial.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-6-96
SECTION: PUBLIC HEARINGS
ITEM NO. V.C.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger COLUMBINE TOWNHOMES
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt an Ordinance for Zoning District Change from Rural to RM-6.5 on 3.3 acres and PUD District
Review on 3.3 acres;
• Approve a Resolution for Comprehensive Guide Plan Change from Office to Medium Density
Residential on 3.3 acres;
• Approve a Resolution for PUD Concept Amendment on 15.3 acres;
• Approve a Resolution for Preliminary Plat of 3.3 acres into one lot.
Background:
The Planning Commission recomended approval of the plan for townhouses at the December 11,1996
meeting. The vote was 7-0. The Planning Commission felt that the project was compatible with the
surrounding land uses and the project was consistent with city code.
Supporting Reports:
1. Staff Report dated December 8, 1995
2. Planning Commission Approved Minutes of December 11, 1995
3. Resolution for Comprehensive Guide Plan Change
4. Resolution for PUD Concept
5. Resolution for Preliminary Plat
6. Correspondence
J
COLUMBINE TOWNHOMES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive
Municipal Plan ("Plan"); and,
WHEREAS, the Plan has been submitted to the Metropolitan Council for review and
comment; and
WHEREAS, the proposal of Columbine Townhomes by ComerstonelEquities LLC for
construction of 32 townhome units requires the amendment of the Plan;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden
Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 3.3 acres from Office
to Medium Density Residential all located at Columbine Road, North of the Post Office.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of February, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
~-------~~~~~-----
COLUMBINE TOWNHOMES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF COLUMBINE TOWNHOMES
FOR CORNERSTONEIEQUITIES LLC
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development (PUD) Concept of certain areas located within the City; and,
WHEREAS, the City Planning Commission did conduct a public hearing on the Columbine
Townhomes PUD Concept by ComerstonelEquities LLC and considered their request for approval
for development (and waivers) and recommended approval of the requests to the City Council; and,
WHEREAS, the City Council did consider the request on February 6, 1996;
NOW, THEREFORE, BE IT RESOL YED by the City Council of Eden Prairie, Minnesota,
as follows:
1. Columbine Townhomes, being in Hennepin County, Minnesota, legally described as
outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated January 30, 1996.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated December 11, 1995.
ADOPTED by the City Council ofthe City of Eden Prairie this 6th day of February, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
Exhibit A
Columbine Townhomes
Le~al Description
Outlot A, Anderson Lakes Center 2nd Addition, According to the Plat thereof, Hennepin County,
Minnesota.
COLUMBINE TOWNHOMES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF COLUMBINE TOWNHOMES FOR CORNERSTONEIEQUITIES LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Columbine Townhomes for Comerstone/Equities LLC dated January
30, 1996, consisting of3.3 acres into 1 lot, 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 6th day of February, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
----------------------
EDEN PRAIRIE PARKS, RECREATION
& NATURAL RESOURCES COMMISSION
December 18, 1995
Page 3
MOTION: Kube-Harderwijk moved, seconded by Hilgeman to recommend
approval ofthe request for a Mini Rink at Franlo Park based on the 12/13/95 Staff
Report. Motion carried 5-1.
Brown stated he did not support construction of the rink when there were other
facilities located within a mile or two that the residents could utilize and the City
budget was so tight.
V. DEVELOPMENT PROPOSALS
A. Columbine Townhouses
Dean Olson, BRW Olness, Inc., reviewed the proposal and stated that the three
significant trees on the site will be protected during construction. He described
the screening and buffering on the site and reviewed and the types of trees that
will be planted. Hilgeman inquired how large the play area was and Olson
responded it was approximately 40' X 40' and it will have a play structure in it.
He reviewed the floor plans for the units, and noted that two units are proposed
as handicapped units, which means that the bedrooms will be located on the first
floor. He described the exterior finish of the buildings which will have brick at
the entries and utilize aluminum siding.
Hilgeman inquired about the landscape plan and what types of trees were in the
undeveloped wooded area. Fox responded that it was a visual barrier which
serves as a transitional area, but does not contain real quality trees. Olson stated
that they have adhered to City requirements and standards in their landscape plan.
He noted that this project will be rental housing and all 32 units will be credited
toward the City's affordable housing, particularly the three and four bedroom units
will be particularly helpful. He stated the project would be funded with tax
increment financing revenues but noted that the City's portion of the costs had yet
to be determined, and Community Development Block Grant funds.
Koenig inquired what type of play structure would be in the play area and who
would be responsible for its maintenance. Olson responded that was not yet
determined, but there will be some type of agreement within the development to
maintain it. Hilgeman inquired who would be liable if someone were injured in
the play area and Lambert responded that the City would have no liability as it
was private property.
Kube-Harderwijk inquired what would happen to the adjacent parcels and Olson
responded that this project may expand in the future, but they do not control those
parcels at this time. One piece is owned by an adjacent property owner and the
other is owned by MnDOT as nearly as they can determine.
EDEN PRAIRIE PARKS, RECREATION
& NATURAL RESOURCES COMMISSION
December 18, 1995
Page 4
Fox reviewed the staff report and noted that there are only three trees on the site
to be preserved. Staff recommended that a 3 foot flat area be constructed adjacent
to the NURP pond for safety since the sidewalk is so close to the pond, and the
developer has agreed to do this.
Bowman inquired if a 3 foot area was adequate space for a safety zone and Fox
responded that staff was requesting one more foot than the required 2 foot area.
Bowman commented he was very concerned that there is no barrier between the
sidewalk and the NURP pond as some toddler could easily fall in and drown.
Lambert stated that there were many similar ponds in Eden Prairie and no one has
ever drowned in one. Given the fact that the slope was not steep, and there was
a total of eight feet before the slope began, he did not believe it posed any greater
threat to residents than other places in the City where ponds are located in close
proximity to trails.
Hilgeman commented that perhaps this was an issue that the Commission should
consider at another time, as safety was a concern to everyone, and requested that
staff place it on a future agenda for discussion.
Brown inquired if it developed that the City'S share of the costs of the project
were too great, would the Council be able to turn the project down, and Lambert
responded that they would have that option.
MOTION: Koenig moved, seconded by Kube-Harderwijk, to recommend approval
of the Columbine Townhome project as per the Staff Report dated 12/08/95.
Motion carried unanimously.
B. Eden Prairie High School Expansion
Lynette Polare and Steve Thompson were present representing Cunningham
Architects and the School District. Polare reviewed the project and stated that
Phase I would commence in the summer of 1996 and be completed by the
summer of 1997. Phase II was scheduled to commence in the summer of 1997
and be completed by the summer of 1998. They have been working with the City
to have a signal installed at the proposed intersection of the new access road and
County Road 4. There will be some modifications to the existing parking lot and
ingress and egress lanes. They are leaving the two existing soccer fields in the
northeast corner of the site intact, except they will be shortened by thirty feet.
They are adding two more fields on the south side of the site, south of the new
access road, which will be of competition size. She reviewed the other athletic
facilities and discussed the NURP pond on the site which will be expanded to
accommodate the added runoff and compensate for the additional hard surface
coverage on the site. The school is locating science labs on the south side of the
building to take advantage of the pond and modifying the curriculum to utilize this
area more fully.
APPROVED MINUTES
CITY OF EDEN PRAIRIE PLANNING COMIVIISSION
COMMISSION MEMBERS:
STAFF MEMBERS:
December 11, 1995
Katherine Kardell, Kenneth E. Clinton,
Randy Foote, Ismail Ismail, Douglas
Sandstad, Edward Schlampp, Mary Jane
Wissner
Michael D. Franzen, City Planner, Scott
Kipp, Planner, David Lindahl,
Community Development, Al Gray. Citv
A. COLUMBINE TOWNHOMES by Cornerstone/Equities LLC. Request for
Comprehensive Guide Plan Change from Office to Medium Density Residential
on 3.3 acres, PUD Concept Amendment on 15.3 acres, PUD District Review on
3.3 acres, Zoning District Change from Rural to RM-6.S on 3.3 acres, Site Plan
Review on 3.3 acres, Preliminary Plat of 3.3 acres into one lot .. Location:
Columbine Road, North of the Post Office.
'Franzen introduced Pam George from Equities LLC which had formed a
partnership with Cornerstone to develop this project. He explained the
partnership arrangements and reviewed the proposal for 32 units on 3.3 acres.
Dean Olson with BRW Olnus reviewed the site plan for the project. He
explained they propose to construct eight buildings which would contain a total
of 32 units. Parking has been provided with 64 spaces allocated for the units and
9 spaces are designated for guest parking. He discussed the screening and
landscaping. He reviewed the grading on the site and noted there will be minimal
grading and no significant tree loss due to construction or grading. He showed
floor plansfor the various units and for each building. Sight lines and building
PLANNING COMMISSION MINUTES
December 11, 1995
Page 2
elevations were described. He commented they propose to use aluminum siding
on the buildings which will possibly be two different complimenting colors.
Sandstad stated that no architectural plans had been submitted and he had not
been able to review the building details. Olson described the asphalt shingles
which will be used on the roof, and described the trim facia and soffits proposed
to be used on the buildings. He noted the colors may change as the final
building plans are developed, and they are somewhat limited in their color choices
when using aluminum siding. Face brick will be used by the entry doors to each
unit and on the fronts of the buildings. Sandstad inquired about the drainage
plans and Olson responded that the streets are graded and pitched to avoid
drainage collecting in them.
Foote inquired about using aluminum versus vinyl siding. George responded that
there are advantages and disadvantages to each, and in this instance they believed
that the aluminum siding offered the best solution.
Schlampp inquired if there would be fire detectors in each unit, and George
responded affirmatively. Schlampp inquired if the rental prices included the cost
of the garages. George responded that they were both the apartment and the
garage was included in the rent. Schlampp expressed concern over the adequacy
of the storm drainage on the site and Olson explained that the engineers had
submitted calculations to the City and the pond design had been modified to meet
the City's requirements. The pond was designed to allow for slow access into the
storm sewer. Franzen commented that the pond was slightly larger than would
normally be required and the Engineering Department had indicated to staff that
it would be adequate.
Ismail inquired about the height of the roof line and Olson responded it would be
about 30 feet high. Ismail inquired how firm the rental figures were, as they are
often raised after plans are approved and George responded that the figures
submitted were the maximum allowable rental rates permitted if they wished to
qualify for tax credits. If the rates are raised they will no longer be eligible to
receive tax credits through the Minnesota House Financing Agency or the City
Tax Increment Financing funds.
Lindahl explained that the rents would qualify as giving the City credit toward
low income housing units over a thirty year period. Franzen reviewed the staff
report and stated that the project complies with all City codes and ordinances.
Foote inquired if this project was associated with Section 8 Housing and George
responded that if a tenant had a Section 8 Voucher they would be able to live in
this development, but it was not designed as Section 8 housing per se.
Lindahl explained that Tax Increment Financing and Community Development
Block Grant funds would be needed in order to complete the project.
q
PLANNING COMMIS,,10N MINUTES
December 11, 1995
Page 3
Negotiations were still underway at this time and the City and the developer had
yet to determine what amount the City's contributions would be.
Sandstad inquired about the light from the play area and the buffering from
adjacent properties. Olson responded that there was a significant amount of green
space around the play area and there were several large trees in this area, but he
was not sure how much screening would be used between this area and the
adjacent property. Most of the activity was located further away from this site.
The pedestrian trail would be constructed as part of the project as the grades in
this area were fairly level. Wissner inquired if a traffic signal was proposed to
be installed at Fountainplace, and Franzen responded affirmatively.
The Public Hearing was opened.
No one present wished to speak.
Wissner commented that the project addresses an issue that the City needs to
address, which is to give people affordable housing in Eden Prairie. She
commented she would have liked to see the color scheme, but felt the developers
had addressed their concerns. Foote agreed, and commented he was particularly
pleased to see the developers constructing some four bedroom units, which were
greatly needed. He was concerned about the City's portion of the costs, but
commented that since it was not yet resolved, it could not be discussed.
MOTION: Sandstad moved, Schlampp seconded, to close the Public Hearing.
Motion carried 6-0. The Public Hearing was closed.
MOTION: Sandstad moved, Foote seconded, to recommend approval of
Columbine Townhomes by Cornerstone/Equities LLC for Comprehensive Guide
Plan Change from Office to Medium Density Residential on 3.3 acres, PUD
Concept Amendment on 15.3 acres, PUD District Review on 3.3 acres, Zoning
District Change from Rural to RM-6.5 on 3.3 acres, Site Plan Review on 3.3
acres, Preliminary Plat of 3.3 acres into one lot subject to the stipulations outlined
in the Staff Report dated December 8, 1995, with the addition that staff consider
accelerating the construction schedule for the pedestrian trail segment in this
,location. Motion carried 6-0.
10
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT!
FEE OWNER:
LOCATION:
REQUEST:
Planning Commission
Michael D. Franzen, City Planner
December 8, 1995
Columbine Townhomes
Cornerstone/Equities LLC
Columbine Road, North of the Post Office
1. Comprehensive Guide Plan Change from Office to Medium
Density Residential on 3.3 acres
2. PUD Concept Amendment on 15.3 acres
3. PUD District Review on 3.3 acres
4. Zoning District Change from Rural to RM-6.5 on 3.3 acres
5. Site Plan Review on 3.3 acres
6. Preliminary Plat of 3.3 acres into one lot
1
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Staff Report
Columbine Road
December 8, 1995
BACKGROUND
This 3.3 acre site is part of a 15 acre commercial office Planned Unit Development approved
in 1986. The PUD includes the convenience retail center and the post office. This site was
originally planned for approximately 40,000 sq. ft. of Office.
COMPREHENSIVE GUIDE PLAN
The following are reasons for considering the change in the Comprehensive Guide Plan from
Office to Medium Density Residential:
1. The site is adjacent to High Density Residential land uses.
2. It provides affordable rental units.
3. Traffic generation would be approximately 200 daily trips as compared to 400 trips daily
if the site was developed as Office.
4. The property has access off a collector road with sidewalks and trails.
5. The site is located close to Neighborhood Commercial uses.
6. Adding 32 townhome units and subtracting 40,000 sq. ft. of Office will significantly not
affect the Comprehensive Guide Plan balance of land uses.
SITE PLAN
The site plan shows 32 units on 3.3 acres at a density of 9.7 units per acre. The Medium
Density designation of the Comprehensive Guide Plan permits up to 10 units per acre. A
rezoning to RM-6.5 is requested. Since the density is higher than the 6.7 units per acre allowed
by code, a Planned Unit Development waiver is requested. The property could be rezoned High
Density Residential and no density waiver would be required. However, since the buildings are
small and townhouse in character, the RM-6.5 District would be the more appropriate district.
,
The site plan meets the front, rear and side-yard setback requirements in the RM-6.5 Zoning
District.
The project meets the City parking requirements of one garage space and one open space per
unit. A total of 64 parking spaces are needed to meet City code requirements. An additional
9 parking spaces are provided for guest parking.
13
Staff Report
Columbine Road
December 8, 1995
GRADING
The site is relatively level and minimal grading will be necessary to accommodate the proposed
development plan. There are 3 large oak trees along the north portion of the property which
will be saved as part of the project. There are no significant trees that will be lost due to
construction.
ARCHITECTURE
The 2 story buildings will be constructed primarily of aluminum siding. Some face brick will
be added at the ends and entrances of the buildings. These are acceptable building materials in
the RM-6.5 Zoning District.
UTILITIES
Sewer and water service exist in Columbine Road. A NURP pond is shown on the site plan
adjacent to Columbine Road.
LANDSCAPING
The amount of landscaping required for this project is based upon a caliper inch requirement and
transition to surrounding different land uses. The total caliper inches needed to meet these
requirements is 269 inches. The landscape plan shows 269 caliper inches.
AFFORDABILITY
The proposed project would provide rents affordable to persons with incomes below 60 % of the
median income for the metro area, these levels are as follows:
Comparable
Square Proposed Market-Rate
Units Bedrooms Feet Rent Rents in EP
8 2 1,177 $587 $1,000
16 3 1,319 -1,329 $682 $1,200
8 4 1,383 $742 (no 4 bedroom units)
All thirty-two units can be credited toward meeting the City's Livable Communities affordable
rental housing goal of twenty units for 1996. The proposal for twenty-four three and four
bedroom units will help address the need for larger units for families with children. Other rental
housing developments in Eden Prairie have waiting lists of up to five years for three bedroom
units.
14
Staff Report
Columbine Road
December 8, 1995
The project is proposed to be financed with Low Income Housing Tax Credits allocated through
the Minnesota Housing Finance Agency (MHFA). In addition, the developers have requested
funding from the City in the form of Tax: Increment Financing (TIF) and a Community
Development Block grant. The City's Financial Advisors are analyzing the fmancing structure
of the proposal to determine to what extent public financing is needed to make the project
feasible. Although it is not yet clear what the City's contribution will be, it is apparent the
project will not work without some level of assistance. Overall costs for the proposed project
are high, but are a result of high land costs, large units, and quality design and construction.
The proposed project is a true townhouse design, where each unit has an individual entrance
with no other units either above or below them. The project was designed specifically to meet
certain criteria established by MHF A to create a good living environment for families with
children.
STAFF RECOMMENDATIONS
I. Prior to final plat approval, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review
and approval by the City Engineer.
B. Submit detailed storm water runoff, utility and erosion control plans for review
and approval by the Watershed District.
II. Prior to building permit issuance, the proponent shall:
A. Submit final plans for review by the Fire Marshal.
B. Pay the appropriate cash park fee.
III. Prior to grading on the property, the proponent shall notify the City 48 hours in advance
of grading so that the City may inspect the tree preservation and erosion control fencing.
IV. The following Planned Unit Development waivers are granted through the Planned Unit
Development District Review in the RM-6.5 Zoning District:
A. Density increase from 6.7 to 9.7 units per acre.
15'
January 10, 1996
Michael Franzen
City of Eden Prairie
8080 Mitchell Road
h".nnesota Department of Transporh .. don
Metropolitan Division
Waters Edge Building
1500 West County Road B2
Roseville. Minnesota 55113
Eden Prairie, MN 55344-2230
Dear Michael Franzen:
SUBJECT: Columbine Townhomes
Preliminary Plat Review P/95-104 .
West side ofTH 212, North of Anderson Lakes
Eden Prairie, Hennepin County
CS 2744
The Minnesota Department of Transportation (Mn/DOT) has reviewed the Columbine
Townhomes preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. We
find the plat acceptable for further development with consideration of the following comments.
• There may be an inconsistency between the plat document and our records ofMnlDOT
right of way. The east boundary of the plat is shown extending 311.5 feet south of the
north line of Section 22. Though this dimension is not specified on our right of way map,
the scale of our map indicates a distance of only 300 feet.
The final plat must identify the MnlDOT right of way boundary that is common with t~e
plat and provide a dimension to either the highway centerline or to a Mn/DOT monument.
A corrected version of the plat must be submitted to JeffHoffstrom of our Surveys
Section so that these dimensions may be verified. Mr. Hoffstrom maybe reached at 797-
3108 or 2055 North Lilac Drive, Golden Valley 55422.
• As shown in the plan, no direct access to Trunk Highway (TH) 169 will be allowed.
• Storm water runoff from the site does not appear to flow towards MnlDOT right of way.
Should this condition change, a MnlDOT drainage permit may be required. Questions
regarding MnlDOT's drainage concerns may be directed to Marv Hondl or our Hydraulics
Section at 797-3053.
• Any use of or work within MnlDOT right of way, such as the electrical connection shown
on the submitted Utility Plan, will require an approved Mn/DOT permit. Bill Warden of
our permits section may be contacted at 582-1443 for further information regarding the
permit process.
An Equal Opportunity Employer
III
Michael Franzen
January 9, 1996
page two
If you have any questions regarding this review, please contact me at 582-1386.
Sincerely,
~o9;;$8k~
Principal Transportation Planner
cc: Pete Tulkki, Hennepin County Surveys
RAS:em
CITY COUNCIL AGENDA DATE: February 6, 1996
SECTION: Public Hearing
HOUSING REDEVELOPMENT AUTHORITY (lIRA)
SECTION: Regular Meeting
DEP ARTMENT: ITEM DESCRIPTION: ITEM NO:
Community Development Tax Increment Financing for VC Chris Enger Columbine Townhouse
David Lindahl Project
REQUESTED COUNCIL ACTION:
Approve a Resolution relating to Redevelopment Project Area No.4 and Tax Increment Financing (qualified
Housing) District No. 12; approving the Project Plan and a Tax Increment Financing Plan .
REQUESTED BRA ACTION:
Approve a Resolution adopting the Project Plan for Redevelopment Project Area No.4 in the City of Eden
Prairie and the Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No.
12
BACKGROUND:
Developers of the proposed 32 unit Columbine Townhouse project located north of the Post Office in Eden
Prairie have requested Tax Increment Financing (TIF) to help provide rents that are affordable to low-income
families. The development will qualify toward meeting the City's 1996 Livable Communities rental housing
goals. The income limits and proposed rents are as follows:
Family Income Limits Proposed Comparable Market
~ (60% Qf m~dian) Bedrooms RentL~vc1s Rate Rents in E:e
Two $24,500 Two $587 $1,000
Three $27,550 Three $682 $1,200
Four $30,600 Four $742 N/A
Five $33,050
Six $35,500
The Planning Commission unanimously approved the Tax Increment Plan and Project Plan for the Columbine
project January 22, 1996, and unanimously approved the zoning for the development December 11, 1996.
Springsted Incorporated, the City's financial advisors, have evaluated the proposal and determined that but
for the use of TIF to help finance the development, it would not otherwise occur. Beginning in 1998 the City
will collect full taxes from the development and return 90% of them back each year for thirteen years. The total
TIF expected to be contributed to the development over this time has a present value of $337,500, and will
be repaid to the City in twenty-five years when the first mortgage on the development is paid in full.
11
Using TIF to finance low income and elderly housing is consistent with the City's Comprehensive Plan, and
has been used to finance both the Sterling Ponds and Elim Shores elderly apartment developments.
SUPPORTING INFORMATION:
Memo dated January 26, 1996.
Resolution approving Tax Increment Plan for City Council
Resolution adopting the Tax Increment Plan for HRA
Tax Increment Plan and Project Plan for Columbine project
MEMORANDUM
TO: Mayor and City Council
Housing and Redevelopment Authority
THROUGH: Chris Enger, Community Development Director
FROM: David Lindahl, BRA Manager
DATE: January 26, 1996
SUBJECT: Tax Increment Financing (TIF) Plan for Columbine Road Townhouse Project
The purpose of this memo is to brief you about a Tax Increment Financing (TIF) Plan for the
proposed Columbine Townhouse project located between the U.S. Post Office and Birdies Sport Park
in Eden Prairie. This development, which has been in the works for about a year, will provide 32
townhouse units for low-income families that will be credited toward meeting the City's Livable
Communities Act obligations for 1996. The project is proposed to be financed using a combination
of public financing tools including:
Low Income Housing Tax Credits through the Minnesota Housing Finance Agency (MHF A).
Tax Increment Financing through the City Eden Prairie
Community Development Block Grant (CDBG) through the Department of Housing and
Urban Development (HUD) and the City of Eden Prairie.
The developer has requested Tax Increment Financing (TIF) and Community Development Block
Grant (CDBG) funds from the City to help finance the project in order to help offset high land costs
and reduce rents. The City's financial advisor, Springsted Incorporated, has evaluated the proposal
and determined that without public assistance the project would not be financially feasible.
The project was reviewed and approved by the Planning Commission December 11,1995. The
enclosed TIF Plan will be before the City Council and Housing and Redevelopment Authority (HRA)
for review and approval February 6, 1996. There will also be a public hearing the same evening to
consider zoning and development approvals. The City Council and HRA are required by Statute to
review and approve the enclosed Project Plan and TIF Plan. Rick Rosow indicated that the City
Council, who is also the HRA, can simultaneously open a public hearing as a Council and call a
meeting as an lIRA to review and act on the TIF Plans.
Project Plan:
The attached Project Plan indicates that the City BRA recognizes that in certain cases public
participation is necessary to cany out goals of the City's Comprehensive Plan. It lists certain
objective the BRA will seek to achieve within the Project Area, which includes increasing the supply
of affordable housing. The Plan also describes the Project Plan boundaries which are coterminous
with the development area boundaries shown as Exhibit I in the Project Plan.
Tax Increment Financing Plan
. -The developer has requested Tax Increment Financing (TIF) and Community Development Block
Grant (CDBG) funds from the City to help finance the project in order to help offset high land costs
and reduce rents. The City's financial advisor, Springsted Incorporated, has evaluated the proposal
and determined that without public assistance the project would not be fmancially feasible.
As you may know, TIF financing involves using future tax revenue expected from a new project over
a certain period of time to help finance the costs of the proj ect. In other words, each year the City
will collect full taxes from the owners of the Columbine project and return a portion back to them.
Another way to view it is that the project would not be fmancially feasible if the owners had to pay
full property taxes on the project. The need for TIF is outlined in pages three and four of the enclosed
Plan. It states that the developer has represented to the City that it would not develop the proposed
project without TIF assistance because of prohibitive costs associated with providing below market
rents.
The TIF District will be certified in 1996 and is expected to run through 2010. Tax increments will
be collected for thirteen years beginning in 1998, which is the first year they are expected to pay full
taxes (see exlnbit III in TIF Plan). The Plan sets out to establish a Qualified Housing District within
the boundaries of the Project Plan in order to finance certain costs associated with the proposed
affordable housing townhouse. The present value of the total TIF the City would provide to the
project is $337,500. This represents the maximum TIF the City would provide over thirteen years
provided the project generates this level of taxes.
To qualify as a Housing District, a least 80% ofthe value of improvements made to the project with
TIF funds must be for low and moderate income persons. The project clearly qualifies as a Housing
District since 100% of the units will be affordable to persons with incomes at or below 60% of the
median income for the Metro Area, which when adjusted for family sizes are as follows:
Income Proposed Comparable
Eami1:t: Siz~ Limit (6Q%) B~drQQm:i Rent Rent inEf
One $21,400 2 $587 $1,000
Two $24,500 3 $682 $1,200
Three $27,550 4 $742 N/A
Four $30,600
Five $33,050
Six $35,500
Repayment:
Staff has negotiated a deal with the developers where they will repay the City for the TIF they
receive. The repayment will occur in twenty-five years (2020) when their first mortgage is paid off,
or when the project sells, whichever happens first. Repayment will be secured through a second
mortgage. This would be the first time the City has ever attempted to recover TIF funds from a
housing project. Any TIF funds returned to the City will have to be used within the Project Area, or
TIF for Columbine Townhomes Page2
be returned to all other taxing jurisdictions (school, county, etc.). The City has used TIF financing
in the past to help finance the following two projects:
Sterling Ponds 56 unit Elderly Apartments (1990) $1,500,000 in TIF
Elim Shores 61 unit Elderly Apartment (1990 units) about $800,000 in TIF
The City will also have a separate repayment agreement for a $142,125 Community Development
Block Grant (CDBG) loan that will be'used to help write down land costs for the project. The
developer has agreed to repay the CDBO loan with interest (5%) beginning in year sixteen of the
project (2011). The City will receive annual payments of $10,000 from 2011 to 2020, and will
receive a balloon payment of $42,125 for the balance of the principal, and accrued interest of about
$150,000 in 2020. The City has been banking CDBO funds for the last three years for the purpose
of helping provide affordable rental housing. The Council approved the use of these CDBG funds
for this purpose at public hearing held last April1995.
Consistency with Comprehensive Plan:
The City's Comprehensive Plan includes a variety of goals related to affordable housing and the use
of City financing tools to accomplish these goals. Specific goals from the Comprehensive Plan that
relate to the Columbine proposal, goals that were reaffirmed by the Planning Commission and City
Council in 1994, are as follows:
Lower Development Costs of Low Income and Elderly Development by Reducing Fees and
Offer Support of Development Costs with CDBO Funds, Tax Increment Financing, and Other
Possible Means.
Use Full Authority of the City's Housing and Redevelopment Authority to Support
Development of Low Income and Elderly Housing Projects.
Utilize PUD Approach to Evaluate Specific Projects.
Encourage Low Income and Elderly Housing Developments Throughout Eden Prairie and
Provide Quality Services Required by Residents.
TIF for Columbine Townhomes Page3
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION RELATING TO REDEVELOPMENT PROJECT AREA NO.4 AND
TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 12;
APPROVING THE PROJECT PLAN
AND A TAX INCREMENT FINANCING PLAN THEREFORE
BE IT RESOL YED by the City Council of the City of Eden Prairie, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota
(the "Authority"), pursuant to Minnesota Statutes, Sections 469.001 to 469.047, as amended, has
prepared and presented to the City for approval, a redevelopment plan, as defined in Minnesota
Statutes, Section 469.002, subdivision 16, designated as the Project Plan (the "Project Plan") for
Redevelopment Project Area No.4 (the "Project Area"), and a redevelopment project to be
undertaken pursuant thereto, as defmed in Minnesota Statutes, Section 469.002, subdivision 14
(the "Redevelopment Project"). The Project Plan has been transmitted to the planning agency of
the City, which has determined that the Project Plan conforms to the general plan for the
development of the City. Pursuant to Minnesota Statutes, Section 469.028, the approval of the
Project Plan is for the consideration of this Council. On February 6, 1996, this Council conducted
a public hearing on the desirability of approving the Project Plan. Notice of the public hearing
was duly published as required by law in the &1M" 0l'fDitril, ~, the official newspaper of the City, on
Januazy 25, 1996.
1.02. Pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the "Act"), the
Authority has adopted a tax increment financing plan for the proposed Tax Increment Financing
(Qualified Housing) District No. 12 (the "Financing Plan"), which is now before this Council for
approval. The Financing Plan was prepared in conjunction with the Project Plan and is the
proposed method for fmancing the public redevelopment costs of certain of the redevelopment
activities to be undertaken pursuant to the Project Plan. The proposed Tax Increment Financing
(Qualified Housing) District No. 12 (the "District") comprises one tax parcel within the
Redevelopment Project as described in the Financing Plan.
1.03. Members of the Board of County Commissioners of Hennepin County and of the
Board of Education of Independent School District No. 272 have been given an opportunity to
meet with the City and comment on the Financing Plan. Pursuant to Minnesota Statutes, Section
469.175, Subdivision 3, this Council on February 6, 1996, conducted a public hearing on the
desirability of approving the Financing Plan, in conjunction with the public hearing conducted on
the proposed Project Plan. Notice of the public hearing was duly published as required by law in
the eJ-Ul'tDiNI. ~, the omcial newspaper of the City, on Janwuy 25, 1996.
The City has [not] received written comments on the Financing Plan from the county and the
school district after providing the county and the school district boards with information on the
fiscal and economic implications of the Financing Plan not less than 30 days before the date of the
public hearing.
1.04. In addition to the notice and opportunity described in Section 1.03, as required by
Minnesota Statutes, Section 469.175, Subdivision 2a, the City, not less than 30 days before the
publication of the notice of public hearing referred to in Section 1.03, delivered written notice to
the member of the Board of County Commissioners of Hennepin County who represents the
District. The notice contained a general description of the boundaries of the District, the
proposed development activities to be undertaken therein, an offer by representatives of the City
to meet and discuss the proposed District with the county commissioner and a solicitation of the
commissioner's comments with respect to the District.
Section 2. Approval of Project Plan. On the basis of the proposed Project Plan adopted
by the Authority and the infonnation elicited from consultation with the planning agency and at
the public hearing referred to in Section 1.01, it is hereby found, detennined and declared:
2.01 The Project Plan proposes that the City undertake certain redevelopment activities
for the purpose of encouraging the development of a low and moderate income housing project in
the Redevelopment Project. The Council hereby fmds that the proposed Project Plan would
improve the Redevelopment Project by retarding blight, encouraging private redevelopment of
property therein, thereby increasing low and moderate income housing opportunities and the tax
base of the City and overlapping taxing jurisdictions.
2.02. This Council hereby finds that the private redevelopment proposed to be encourages
in the Redevelopment Project pursuant to the proposed Project Plan would not occur without the
fmancial aid to be provided pursuant to the Financing Plan since private developers could not
economically develop the District without the proposed redevelopment activities.
2.03. This Council hereby finds that the Project Plan will afford maximum opportunity,
consistent with the sound needs of the City as a whole, for the redevelopment of the District by
private enterprise. The redevelopment activities contemplated in the Project Plan would help to
retard blight in the Redevelopment Project and provide an increase in low and moderate income
housing opportunities in the City and enhance the tax base of the City.
2.04. This Council hereby finds that the redevelopment activities proposed by the Project
Plan conform to the general plan for the development of the City as a whole. The redevelopment
activities are compatible with the City's zoning ordinances and other related regulations and
encourage efficient use of existing infrastructure as set forth in the City's Land Use Plan. It is in
the best interests of the City to approve the Proj ect Plan. .
-----~---------
2.05. Upon review ofthe Project Plan, the information elicited from the planning agency
and at the public hearing, and on the basis of the findings made in Sections 2.01 to 2.04, this
Council hereby approves the Proj ect Plan.
Section 3. Approval ofFinanciJli Plan. On the basis of the Financing Plan and the
information elicited at the public hearing referred to in Section 1.03, it is hereby found,
determined and declared:
3.01. The Financing Plan provides the means to finance certain public redevelopment
costs of the Redevelopment Project, including the redevelopment activities described in Section
2.01 which benefit the District. The Financing Plan contains a statement of objectives for the
improvement of the Redevelopment Project, a statement as to the development program for the
District and a statement of the property within the Redevelopment Project which the City intends
to acquire. The Financing Plan also estimates the public redevelopment costs of the
Redevelopment Project, the amount of bonded indebtedness to be incurred (not to exceed
$375,000), the sources of revenues to finance or otherwise pay public costs of the District, the
most recent net tax capacity of taxable real property within the District, the captured net tax
capacity of the District at completion and the duration of the District. The Financing Plan also
describes and identifies the development activities to be undertaken or expected to be undertaken
in the District. The Financing Plan further contains alternative estimates of the impact of the
proposed tax increment financing on the net tax capacities of all taxing jurisdictions in which the
District is located. All the captured tax capacity is necessary for the objectives ofthe District.
3.02. This Council hereby finds that the District is a geographic area within a "project" as
defmed in Minnesota Statutes, Section 469.174, Subdivision 8, and is a proper tax increment
fmancing district within the meaning of Section 469.174, Subdivision 9. This Council further
fmds, based on the information in the Financing Plan and representations of the developer, that the
District consists of a project intended for occupancy, in part, by persons or families of low and
moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the
National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of
the Housing Act of 1937, as amended, or similar federal legislation and the regulations
promulgated thereunder. As evidence thereof, the developer represents that the project qualifies
for the low-income housing tax credit under Section 42 of the Internal Review Code of 1986, as
amended. The project to be constructed in the District consists only of housing for individuals or
families of low or moderate income, and no commercial or other uses are contemplated therein.
Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes,
Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of the Act are
applicable to tenants in the project, because the District is not located in a targeted area as defmed
in Minnesota Statutes, Section 462C.02, Subdivision 9, clause (e).
3.03. This Council hereby finds that the private redevelopment proposed to be
encouraged in the Redevelopment Project pursuant to the proposed Project Plan would not, in the
opinion of this Counci~ occur solely through private investment within the reasonably foreseeable
future and that therefore the use of tax increment fmancing is deemed necessary. Without tax
increment fmancing of the costs ofthe redevelopment activities generally described in Section
2.0 I and proposed by the Project Plan which increases the financial feasibility of the proposed
redevelopment, private investment would not develop the District within the reasonably
foreseeable future. The studies and analyses supporting this finding are identified in the Financing
Plan.
3.04. This Council hereby fmds that the Financing Plan confonns to the general plan for
the development of the City as a whole. The development is compatible with the City's zoning
ordinances and other related regulations and encourages efficient use of existing infrastructure as
set forth in the City's Land Use Plan.
3.05. This Council hereby finds that the Financing Plan will afford maximum opportunity,
consistent with the sound needs of the City as a whole, for the development of the District by
private enterprise. The redevelopment activities contemplated in the Project Plan would help to
retard blight in the Redevelopment Project and provide an increase in low and moderate income
housing opportunities in the City and enhance the tax base of the City.
3.06. As required by Section 49.176, Subdivision 4d, it is expected that all of the tax
increment to be derived from the District will be used to finance costs of the low and moderate
income housing project, including the costs of public improvements directly related thereto and
allocable administration expenses of the Redevelopment Project.
3.07. Upon review ofthe Financing Plan, the infonnation elicited at the public hearing
and on the basis of the findings in Sections 3.01 to 3.06, this Council hereby approves the
Financing Plan and the establishment of the District as a tax increment financing district in the
City, to be denominated "Tax Increment Financing (Qualified Housing) District No. 12."
Passed by the City Council this 6th day of February, 1996.
Attest: _____________ _
John D. Frane, City Finance Director/Clerk
Dr. Jean Harris, Mayor
CERTIFICATE AS TO RESOLUTION
I, the undersigned, being the duly qualified and acting recording officer of the City of Eden
Prairie, Minnesota (the "City"), hereby certifY that the attached resolution is a true copy of
Resolution No. , entitled: "RESOLUTION RELATING TO REDEVELOPMENT
PROJECT AREA NO.4 AND TAX INCREMENT FINANCING (QUALIFIED HOUSING)
DISTRICT NO. 12; APPROVING THE PROJECT PLAN AND A TAX INCREMENT
FINANCING PLAN THEREFORE" (the "Resolution"), on file in the original records of the City
in my legal custody; that the Resolution was duly adopted by the City Council of the City at a
meeting on February 6, 1996, and that the meeting was duly held by the City Council and was
attended throughout by a quorum, pursuant to call and notice of such meeting given as required
by law; and that the Resolution has not as of the date hereof been amended or repealed.
WITNESS my hand officially this 6th day of February, 1996.
John D. Frane, City Finance Director/Clerk
· ---------------------------------
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION ADOPTING THE PROJECT PLAN FOR REDEVELOPMENT
PROJECT AREA NO.4 IN THE CITY OF EDEN PRAIRIE AND THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
(QUALIFIED HOUSING) DISTRICT NO. 12
BE IT RESOLVED by the Housing and Redevelopment Authority of the City of Eden
Prairie, Minnesota, as follows:
1. The Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota (the
"Au,thority") has reviewed the Project Plan for Redevelopment Project Area No.4 (the "Project
Plan") and a Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing)
District No. 12 (the "Tax Increment Plan").
2. Adoption. The Project Plan and the Tax Increment Plan are hereby adopted, subject to
approval by the City Council as provided in Section 4, based on the findings in Section 3.
3. Findin~. The Authority hereby makes the following findings:
a. The tax increment fmancing district to be established pursuant to the Tax Increment
Plan (the "District"), based on the infonnation in the Tax Increment Plan and
representations of the developer, consists ofa project intended for occupancy, in part, by
persons or families of low and moderate income, as defmed in chapter 462A, Title II of
the National Housing Act of 1934, the National Housing Act of 1959, the United States
Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or
similar federal legislation and the regulations promulgated thereunder. As evidence
thereof, the developer represents that the project qualifies for the low-income housing tax
credit under Section 42 of the Internal Revenue Code of 1986, as amended. The project
to be constructed in the District consists only of housing for individuals or families of low
or moderate income, and no commercial or other uses are contemplated therein.
Therefore, the District qualifies as a "housing district" within the meaning of Minnesota
Statutes, Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of
the Act are applicable to tenants in the project, because the District is not located in a
targeted area as defined in Minnesota Statutes, Section 462C.02, Subdivision 9, clause (e).
b. The proposed development, in the opinion of the Authority, would not reasonably be
expected to occur solely through private investment within the reasonable foreseeable
future and, therefore, the use of tax increment financing is deemed necessary since private
developers could not economically develop the project without the proposed subsidy.
4. Transmittal. The Authority does hereby transmit the Project Plan and the Tax
Increment Plan to the Eden Prairie City Council for approval after the same has been considered
by the Council subsequent to a public hearing to be held in accordance with Minnesota Statutes,
Chapter 469.
5. Filin~. Following approval by the City Council, the SecretaI)' is hereby authorized and
directed to file the Project Plan and the Tax Increment Plan with the Commissioner of Revenue as
required by Minnesota Statutes, Section 469.175, Subdivision 2.
Passed by the Housing and Redevelopment Authority of the City of Eden Prairie,
Minnesota, this 6th day of February, 1996.
Chair ..
Attest: ____________ _
Secretary
City of Eden Prairie, Minnesota
Housing and Redevelopment Authority
Project Plan
for
Redevelopment Project Area No.4
Dated: January 17, 1996
Prepared by:
SPRINGSTED INCORPORATED
85 E. Seventh Place, Suite 100
St. Paul, MN 55101-2143
(612) 223-3000
30
Section
A
B
C
D
E
F
G
-------------~--------~~-~
TABLE OF CONTENTS
Definitions ............................................................................................ .
Statutory Authorization ......................................................................... .
Statutory of Need and Public Purpose ................................................. .
Statement of Objectives ....................................................................... .
Boundaries of the Project Area ............................................................. .
Property Acquisition ............................................................................. .
Estimated Public Costs ........................................................................ .
page{s)
1
1
2
2-3
3
3
3
Map of the Project Area ........................................................................................ . EXHIBIT I
3\
City of Eden Prairie, Minnesota
Section A Definitions
The terms defined in this section have the meanings given herein, unless the context in which
they are used indicates a different meaning:
"Authority" means the Housing and Redevelopment Authority of the City of Eden Prairie,
Minnesota.
~ means the City of Eden Prairie, Minnesota; also referred to as a "Municjpality".
"City Councjl" means the City Council of the City.
"County" means Hennepin County, Minnesota.
"Governing Body" means the Board of Commissioners of the Authority.
"HRA Act" means the Minnesota Municipal Housing and Redevelopment Act, Minnesota
Statutes, Sections 469.001 through 469.047, both inclusive.
"Land Use Regulations" means all federal, state and local laws, rules, regulations, ordinances
. and plans relating to or governing the use or development of land in the Project Area, including
but not limited to environmental, platting, zoning and building code laws, regulations and
ordinances.
"project Area" means the geographic area of Redevelopment Project Area No.4.
"project plan" means the Project Plan for Redevelopment Project Area No.4.
"public Costs" means the costs of land acquisition, public and site improvements, repayment of
debt service on tax increment bonds, and other eligible costs as set forth in the Project Plan
and Tax Increment Financing Plan(s).
"School District" means Independent School District No. 272, Minnesota.
"State" means the State of Minnesota.
'TIF Act" means Minnesota Statutes, S.ections 469.174 through 469.179, both inclusive.
'TIF District" means any tax increment financing district presently established or to be
established in the future in the Project Area.
"TIF plan" means the respective tax increment financing plan for each TIF district located within
the Project Area.
Section B Statutory Authorization
The HRA Act authorizes the Authority to exercise all the powers relating to a housing and
redevelopment authority granted under Minnesota Statutes, Sections 469.001 to 469.047, or
other law.
It is the intention of the Governing Body, notwithstanding the enumeration of specific goals and
objectives in the Project Plan, that the Authority shall have and enjoy with respect to the Project
Area the full range of powers and duties conferred upon the Authority pursuant to the HRA Act,
the TIF Act, municipal housing and redevelopment authority laws, and such other legal authority
as the AuthOrity may have or enjoy from time to time.
~ SPRINGSTED Page 1
.'
City of Eden Prairie, Minnesota
Section C Statement of Need and Public Purpose
The Authority finds that there is a need for development within the City and the Project Area in
order to provide employment and housing opportunities, to improve the local tax base, and to
improve the general economy of the City and the State. The economic security of the people in
the City depends upon proper development of property that meets anyone of a number of
conditions, including properties whose values are too low to pay for the public services required
or rendered and properties whose lack of use or improper use has resulted in stagnant or
unproductive land that could otherwise contribute to the public health, safety, and welfare.
The Authority finds that in many cases such property cannot be developed without public
partiCipation and assistance in various forms including property acquisition and/or write-down,
proper planning, the financing of development costs associated with clearance, grading and
soils correction, and the making of various other public and private improvements necessary for
development. In cases where the development of property cannot be done by private
enterprise alone, the Authority believes it to be in the public interest to consider the exercise of
its powers, to advance and spend public money, and to provide the means and impetus for
such development.
The Autnority finds that in certain cases property within the Project Area would or may not be
available for development without the specifiC financial aid to be sought, that the Project Plan
will afford maximum opportunity, consistent with the needs of the City as a whole, for the
development of the Project Area by private enterprise, and that the Project Plan conforms to the
general plan for the development of the City as a whole ..
Section 0 Statement of Objectives
The Authority seeks to achieve one or more of the following objectives. with respect to the
Project Area, as the Authority may deem appropriate and necessary.
(1) To promote and secure the prompt development of property within the Project
Area, such property which is not now in its most productive use, in a manner
consistent with the Comprehensive Plan of the City, thus realizing
Comprehensive Plan, land use, and tax base goals.
(2) To assist development in the Project Area through the acquisition or write-down
of certain interests in property which is not now in productive use or in its highest
and best use, to make or defray. the cost of soil corrections or site improvements
on said property, and to construct or reimburse for the construction of public
improvements and other facilities on or for the benefit of said property, thereby
promoting and securing the development of other land within the Project Area.
(3) To secure the increase and availability of rental housing property for individuals
and families of low to moderate income within the Project Area.
(4) To secure the increase of industrial and commercial property subject to taxation
within the Project Area.
(5) To promote and secure additional employment opportunities within the City and
to prevent the loss of existing employment opportunities, thereby preventing the
loss of valuable human resources.
(6) To provide funding for an ongoing development strategy and to prioritize the use
of available resources.
FJ SPRINGSTED Page 2
(7)
(8)
(9)
Section E
City of Eden Prairie, Minnesota
To implement and revise from time to time, as may be deemed necessary or
desirable, a consolidated and unified Project Plan and to finance the associated
development costs on an area-wide basis.
To employ. any of the powers of the Authority for the benefit of the Project Area
in such cases and upon such terms as the Authority may deem appropriate.
To construct or acquire facilities deemed desirable for the development of the
Project Area.
Boundaries of the Project Area
The property within the City which constitutes the Project Area includes the property contained
within the boundaries described below and is illustrated on the map attached as Exhibit I. The
Authority finds that the Project Area, together with the objectives which the Authority seeks to
accomplish or encourage with respect to such property, constitutes a "Redevelopment Project"
as defined by Minnesota Statutes, Section 469.001, Subdivision 14.
parcellD Number Legal DeSCription
22-116-22-11-0015 Outlot A
Anderson Lakes Center Second Addition
The area encompassed by the Project Area shall also include all street right-of-way and utility
or drainage easements located upon or adjacent to the property described above.
Section F Property Acquisition
The Authority may acquire property, or appropriate interest therein, within the Project Area as it
deems necessary or desirable to assist in the implementation of the Project Plan.
Section G Estimated Public Costs
It is anticipated that the estimated costs of the public improvements to be constructed or other
development costs to be incurred within the Project Area will be financed in whole or in part by
tax increments or proceeds of tax increment bonds. Such costs are listed below:
Tax Increment Financing (Qualified Housing) District No. 12
Land Acquisition
Site Improvements -Earthwork
Site Improvements -Utilities
Administration
Total
$212,000
67,600
57,900
37.500
$375,000
The Authority reserves the right to use other sources of revenue legally applicable to the Project
Area to pay for such public costs including, but not limited to, special assessment, federal or
state funds, and investment income. .
~ SPRINGSTED Page 3
s
2
I . ,
I
(4)
Redevelopment Project Area No.4 and
Tax Increment Financing (Qualified Housing) District No. 12
(5)
~~~
CT. LOCATION
...
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(5) \ 3 ~---
NORTH
I!
:·1§
EXHIBIT I
»
City of Eden Prairie, Minnesota
Housing and Redevelopment Authority
Tax Increment Financing Plan
. for
Tax Increment Financing (Qualified Housing)
District No. 12
(Columbine Road Housing Project)
Dated: January 17, 1996
Prepared by:
SPRINGSTED INCORPORATED
85 E. Seventh Place, Suite 100
St. Paul, MN 55101-2143
(612) 223-3000
TABLE OF CONTENTS
Section page(s)
A Definitions ....... ....................................................................................... 1
B Statutory Authorization .......................................................................... 1
C Statement of Need and Public Purpose ................................................. 1
D Statement of Objectives ..................... ...................................... ............. 1
E DeSignation of Tax Increment Financing District as a
Qualified Housing District ................................................................. 1-2
F Duration of the TIF District .. .... ........ ................................ ........ .......... .... 2-3
G Property to be Included in the TIF District ............................................. 3
H Property to be Acquired in the TI F District.............................. ................ f 3
Specific Development Expected to Occur Within the TIF District ........... 3
J Findings and Need for Tax Increment Financing ................................... 3-4
K Estimated Public Costs ............................................ .............. ... ............ 4
L Estimated Sources of Revenue ............................................................. 4-5
M Estimated Amount of Bonded Indebtedness ........ .......................... ....... 5
N Original Net Tax Capacity ............................................. :....................... 5
o Original Tax Capacity Rate ... ... ..... ...................... ...... ......... ............ ....... 5-6
P Projected Retained Captured Net Tax Capacity and
Projected Tax Increment ................................................................. 6
Q Use of Tax Increment............................................................................. 6-7
R Excess Tax Increment............................................................................ 7
S Tax Increment Pooling .......................................................................... 7-8
T Limitation on Administrative Expenses ........ ..... ................... ............ ...... 8
U Limitation on Property Not Subject to Improvements ........ ..................... 8-9
V Estimated Impact on Other Taxing Jurisdictions ................................... 9
W Local Govemment Aid Penalty ... ......................... ........... .... ............... .... 9
X Prior Planned Improvements ............................. .... ................................ 9
Y Development Agreements ............. ............. ........... ......................... .... ... 9
Z Assessment Agreements .............. ...................... .......... ........................ 9-10
M Modifications of the Tax Increment FinanCing Plan ............................... 10
AB Administration ofthe Tax Increment Financing Plan ............................. 10-11
AC Financial Reporting and Disclosure Requirements ...... ................... ....... 11-12
Map of the Tax Increment Financing District.......................................................... EXHIBIT I
Assumptions Report .............................................................................................. EXHIBIT II
Projected Tax Increment Report ............................. :.............................................. EXHIBIT-11\
Estimated Impact on Other Taxing Jurisdictions Report ........................................ EXHIBIT IV
31
City of Eden Prairie, Minnesota
Section A Definitions
The terms defined in this section have the meanings given herein, unless the context in which
they are used indicates a different meaning:
"Authority" means the Housing and Redevelopment Authority of the City of Eden Prairie,
Minnesota.
~ means the City of Eden Prairie, Minnesota; also referred to as a "Mynicipality".
"City Council" means the City Council of the City.
"County" means Hennepin County, Minnesota.
"project Area" means the geographic area of Redevelopment Project Area No.4.
"project plan" means the Project Plan for Redevelopment Project Area No.4.
"School District" means Independent School District No. 272, Minnesota.
"State" means the State of Minnesota.
'TIE Act" means Minnesota Statutes, Sections 469.174 through 469.179, both inclusive.
'TIE District" me:lns Tax Increment Einancing (Qualified Housing) District No. 12.
'TIE plan" means the tax increment financing plan for the TIE District (this document).
Section B Statutory Authorization
The Authority is authorized to establish and administer the TIE District and to finance public
costs through tax increment financing pursuant to the TIE Act.
Section C Statement of Need and Public Purpose
See the Project Plan for Redevelopment Project Area No.4.
Section D Statement of Objectives
See the Project Plan for Redevelopment Project Area No.4.
Section E DeSignation of Tax Increment Financing District as a
Qualified Housing District
Housing districts are a type of tax increment financing district which consists of a project
intended for occupancy, in part, by persons or families of low and moderate income. Low and
moderate income is defined in a number of federal, state, and municipal legislation. A project
does not qualify if the fair market value of the improvements, constructed for uses other than
low and moderate income housing, are more than 20% of the total fair market value of all the
planned improvements. The fair market value of the improvements may be determined using
~ SPRINGSTED Page 1
City of Eden Prairie, Minnesota
the cost of construction, capitalized income, or any other appropriate method of estimating
marketing value. '
In addition, housing districts are subject to various income limitations and requirements for
residential property. Such limitations and requirements do not apply to interest reduction
programs that are less than or equal to 12 years in duration or to housing districts located in
targeted areas as defined in M.S. Section 462C.02, Subdivision ge.
For owner occupied residential property, 95% of the housing units must be initially purchased
and occupied by individuals whose family income is less than or equal to the income
requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue
Code. For residential rental property, the property must satisfy the income requirements for a
qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. A
rental property also satisfies the above requirements if 50 percent of the residential units in the
project are occupied by individuals whose income is 80 percent or less of the area median
gross income.
The TIF District qualifies as a housing district in that it meets all of the criteria listed above. It is
anticipated that 100% of the planned improvements in the TIF District will be for low and
moderate income housing purposes. In addition, the TIF District meets the requirements for a
"qualified housing district" in that all of the housing units will meet all of the requirements for a
low income housing credit (whether such credits are received or not) under Section 42 of the
Internal Revenue Code of 1986, as amended through December 31, 1992. As a qualified
housing district, the TIF District does not cause any ,reduction in the local government aid
received by the City from the State (see Section W).
The above requirements apply for the duration of the TIF District. Failure'to comply with these
requirements results in application of the duration limits for economic development districts to
the TIF District, that is the lesser of (a) nine years from the date of receipt of the first tax
increment or (b) 11 years after approval of the TIF Plan. If at the time of the noncompliance,
the TIF District has exceeded the duration limits for an economic development district, the TIF
District must be decertified effective for taxes assessed in the next calendar year.
Tax increments derived from a housing district must be used solely to finance the cost of
housing projects as defined above. The cost of public improvements directly related to the
housing projects and the allocated administrative expenses of the Authority may be included in
the cost of a housing project.
Section F Duration of the TIF District
Housing districts may remain in existence 25 years from the date of receipt of the first tax
increment. This term shall be reduced to 20 years if the Authority elects to delay receipt of the
first tax increment until a minimum market value for the TIF District is reached or exceeded, or
four years have elapsed from the date of certification, whichever is earlier. Modifications of this
plan (see Section AA) shall not extend these limitations, unless the Authority elects under
certain circumstances to extend the duration of TIF District in order to recover eligible pollution
cleanup costs incurred by the City (see M.S. Section 469.176, SUbd. 1 g for details).
The AuthOrity does not elect to delay receipt of the first tax increment. The Authority reserves
the right to allow the TIF District to remain in existence the maximum duration allowed by law
(projected to be through the year 2022), but anticipates that the TIF District will be decertified
prior to that time (see Section P). All tax increments from taxes payable in the year the TIF
District is decertified shall be paid to the Authority. .
~ SPRINGSTED Page 2
City of Eden Prairie, Minnesota
In addition, no tax increments shall be paid to the Authority from the TIF District after three
years from the date of certification unless within that time period:
(1) bonds have been issued in aid of the Project Area (except revenue bonds issued
pursuant to M.S. Sections 469.152 to 469.165);
(2) the Authority has acquired property within the TIF District; or
{3} the Authority has constructed public improvements within the TIF District.
Section G Property to be Included in the TIF District
The TIF District is a 3.3 acre area of land located within the Project Area. A map showing the
location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the
TIF District are described below:
Parcel 10 Number
22-116-22-11-0015
Legal Description
Outlot A
Anderson Lakes Center Second Addition
The area encompassed by the TIF District shall also include all street right-of-way and utility or
drainage easements located upon or adjacent to the property described above.
Section H Property to be Acquired in the TIF District
The Authority may acquire and sell any or all of the property located within the TIF District;
however, the Authority does not anticipate acquiring any such property.
Section I Specific Development Expected to Occur Within the TIF District
Development expected to occur within the TIF District consists of construction of 32 rental
housing units for families and individuals of low to moderate income. The two-story townhome
style units will be of frame construction and will be housed in eight separate buildings.
Two-, three-and four-bedroom units will be available in each building, as well as six attached
garages per building (two single and two double stall). Garage, kitchen and living rooms
occupy the entry level with bedrooms on the upper levels. Exterior building material is a
combination of face brick and siding.
All buildings are expected to be fully constructed in 1996 and be 100% assessed and on the tax
rolls as of January 2, 1997 for taxes payable in 1998. At the time this document was prepared
there were no signed construction contracts with regards to the above described development.
Section J . Findings and Need for Tax Increment Financing
In establishing the TIF District, the City makes the following findings:
(1) The TIF District qualifies as a housing district and as a qualified housing district;
~ SPRINGSTED
See Section E of this document for the reasons and facts supporting this
finding.
40 Page 3
City of Eden Prairie, Minnesota
(2) The proposed. development, in the opinion of the City, would not reasonably be
expected to occur solely through private investment within the reasonably
foreseeable future;
The reasons and facts supporting this finding are that the developer has
represented to the Authority that it would not undertake the proposed
development without the assistance of tax increment financing. Private
investment will not finance these development activities because of
prohibitive costs. It is necessary to finance these development activities
through the use of tax increment financing so that development by private
enterprise will occur within the Project Area.
(3) The TIF Plan conforms to the general plan for development or redevelopment of
the City as a whole; and
The reasons and facts supporting this finding are that the TIF District is or
will be properly zoned and the TIF Plan will generally compliment and
serve to implement poiicies adopted in the City's comprehensive plan.
(4) The TIF Plan will afford maximum opportunity, consistent with the sound needs
of the City as a whole, for the development of the Project Area by private
enterprise.
Section K
The reasons and facts supporting this finding are that the development
activities are necessary so that development and redevelopment by
private enterprise can occur within the Project Area.
Estimated Public Costs
The estimated public costs of the proposed development in the TIF District are listed below.
Such costs are eligible for reimbursement from tax increments of the TIF District.
Land Acquisition
Site Improvements -Earthwork
Site Improvements -Utilities
Administration
Total
$212,000
67,600
57,900
37,500
$375,000
The Authority reserves the right to adjust the amount of any of the items listed above or to
incorporate additional eligible items, so long as the total estimated public cost is not increased.
Section L Estimated Sources of Revenue
The Authority anticipates providir:'lg financial assistance to the proposed development through
the use of a pay-as-you-go technique. As tax increments are collected from the TIF District in
future years, a portion of these taxes will be distributed to the developer as reimbursement for
public costs incurred (see Section K). Reimbursement may include accrued interest, but in no
event will the total reimbursements exceed the total estimated public costs plus accrued
interest.
~ SPRINGSTED Page 4
41
City of Eden Prairie, Minnesota
The Authority reserves the right to finance any or all· public costs of the TIF District using pay-
as-you-go assistance, internal funding, general obligation debt, or' any other financing
mechanism authorized by law. The Authority also reserves the right to use other sources of
revenue legally applicable to the Project Area to pay for such costs including, but not limited to,
special assessments, utility revenues, federal or state funds, and investment income.
Section M Estimated Amount of Bonded Indebtedness
The Authority does not anticipate issuing tax increment bonds to finance the estimated public
costs of the TIF District, but reserves the right to issue such bonds in an amount not to exceed
$375,000.
Section N Original Net Tax Capacity
The County Auditor shall certify the Original Net Tax Capacity of the TIF District, which will be
the total net tax capacity of all property in the TIF District as certified by the State
Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive,
this value is based on the previous assessment year. For districts certified between July 1 and
December 31, inclusive, this value is based on the current assessment year.
The Estimated Market Value of all property within the TIF District as of January 2, 1995, for
taxes payable in 1996, is $276,000. Upon establishment of the TIF District, and subsequent
reclassification of property, it is estimated that the Original Net Tax Capacity of the TIF District
will be approximately $2,752.
Each year the County Auditor shall certify the amount that the Original Net Tax Capacity has
increased or decreased as a result of:
(1 )
(2)
(3)
(4)
Section 0
changes in the tax-exempt status of property;
reductions or enlargements of the geographic area of the TIF District;
changes due to stipulation agreements or abatements; or
changes in classification rates.
Original Tax Capacity Rate
The County Auditor shall also certify the Original Tax Capacity Rate of the TIF District. This
rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate
shall be for the same taxes payable year as the Original Net Tax Capacity.
In future years, the amount of tax increment generated by the TIF District will be calculated
using the lesser of (a) the sum of the current local tax rates at that time or (b) the Original Tax
Capacity Rate of the TIF District.
At the time this document was prepared, the sum of all local tax rates that apply to property in
the TIF District, for taxes levied in 1995 and payable in 1996, was not yet available. When this
total becomes available, the County Auditor shall certify this amount as the Original Tax
Capacity Rate of the TIF District. For illustrative purposes, the sum of the local tax rates for
taxes levied in 1994 and payable in 1995, is 135.860% as shown on the following page.
~ SPRINGSTED Page 5
-----------------------------------------------
City of Eden Prairie, Minnesota
Section P
Taxing Jurisdiction
City of Eden Prairie
Hennepin County
ISO # 272, Eden Prairie
Other
Total
1994/1995
Local Tax Rate
24.090%
37.454%
67.235%
7.081%
135.860%
Projected Retained Captured Net Tax Capacity and
Projected Tax Increment
Each year the County Auditor shan determine the current net tax capacity of all property in the
TIF District. To the extent that this total exceeds the Original Net Tax Capacity, the difference
shan be known as the Captured Net Tax Capacity of the TIF District.
The County Auditor shan certify to the Authority the amount of Captured Net Tax Capacity each
year. The AuthOrity may choose to retain any or all of this amount. It is the Authority's intention
to retain 100% of the Captured Net Tax Capacity of the TIF District. Such amount shall be
known as the Retained Captured Net Tax Capacity of the TIF District.
Exhibit II gives a listing of the various information and assumptions used in preparing a number
of the exhibits Ct>ntained in this TIF Plan, including Exhibit 111 which shows the projected tax
increment generated over the anticipated life of the TIF District.
Section Q Use of Tax Increment
Each year the County Treasurer shall deduct 0.1 % of the annual tax increment generated by
the TIF District and pay such amount to the State's General Fund. Such amounts will be
appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment
financing information throughout the state. Exhibit 111 shows the projected deduction for this
purpose over the antiCipated life of the TI F District.
The Authority has determined that it will use 100% of the remaining tax increment generated by
the TIF District for any of the fonowing purposes:
(1) Pay for the estimated public costs of the TIF District (including administrative
expenses, see Section K) and County administrative costs associated with the
TIF District (see Section T);
(2) pay principal and interest on tax increment bonds or other bonds issued to
finance the estimated public costs of the TIF District;
(3) accumUlate a reserve securing the payment of tax increment bonds or other
bonds issued to finance the estimated public costs of the TIF District;
(4) pay all or a portion of the county road costs as may be required by the County
Board under M.S. Section 469.175, Subdivision 1a; or
(5) return excess tax increments to the County Auditor for redistribution to the City,
County and School District in proportion to their local tax capacity rates.
~ SPRINGSTED 43 Page 6
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City of Eden Prairie, Minnesota
Tax increments from property located in one county must be expended for the direct and
primary benefit of a project located within that county, unless both county boards involvE::d waive
this requirement. Tax increments shall not be used to circumvent levy limitations applicable to
the City.
Tax increment shall not be used to finance the acquisition, construction, renovation, operation,
or maintenance of a building to be used primarily and regularly for conducting the business of a
municipality, county, school district, or any other local unit of government or the State or federal
government. This prohibition does not apply to the construction or renovation of a parking
structure, a common area used as a public park, or a facility used for social, recreational, or
conference purposes and not primarily for conducting the business of the community.
If there exists any type of agreement or arrangement providing for the developer, or other
beneficiary of aSSistance, to repay all or a portion of the assistance that was paid or financed
with tax increments, such payments shall be subject to all of the restrictions imposed on the use
of tax increments. Assistance includes sales of property at less than the cost of acquisition or
fair market value, grants, ground or other leases at less then fair market rent, interest rate
subsidies, utility service connections, roads, or other similar assistance that would otherwise be
paid for by the developer or beneficiary.
Section R Excess Tax Increment
In any year in which the tax increments from the TIF District exceed the amount necessary to
pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess
tax increments to:
(1 )
(2)
(3)
(4)
Section S
prepay any outstanding tax increment bonds;
discharge the pledge of tax increments thereon;
pay amounts into an escrow account dedicated to the payment of the tax
increment bonds; or
return excess tax increments to the County Auditor for redistribution to the City,
County and School District in proportion to their local tax capacity rates. The
County Auditor must report to the Commissioner of Education the amount of any
excess tax increment redistributed to the School District within 30 days of such
redistribution.
Tax Increment Pooling
At least 80% of the tax increments from the TIF District must be expended on activities within
the district or to pay for bonds used to finance the estimated public costs of the TIF District (see
Section E for additional restrictions). No more than 20% of the tax increments may be spent on
costs outside of the TIF District, but within the boundaries of the Project Area. All administrative
expenses are considered to have been spent outside of the TIF District. Tax increments are
considered to have been spent within the TIF District if such amounts are:
(1) actually paid to a third party for activities performed within the TIF District within
five years after certification of the district;
fj SPRINGSTED Page 7
(2)
(3)
City of Eden Prairie, Minnesota
used to make payments or reimbursements to a third party under binding
contracts for activities performed within the TIF District, which were entered into
within five years after certification of the district; or
used to pay bonds that were issued and sold to a third party, the proceeds of
which are ·reasonably expected on the date of issuance to be spent within the
later of the five-year period or a reasonable temporary period or are deposited in
a reasonably required reserve or replacement fund.
Beginning with the sixth year following certification of the TIF District, at least 80% of the tax
increments must be· used to pay outstanding bonds or make contractual payments obligated
within the first five years. When outstanding bonds have been defeased and sufficient money
has been set aside to pay for such contractual obligations, the TIF District must be decertified.
The Authority does not anticipate that tax increments will be spent outside of the TIF District
(except for allowable administrative expenses); however, the Authority does reserve the right to
allow for tax increment pooling from the TIF District in the future.
Section T Limitation on Administrative Expenses
Administrative expenses are defined as all costs of the Authority other than:
(1) a.mounts paid for the purchase of land; .
(2) amounts paid for materials and services, including architectural and engineering
services directly connected with the proposed development within the TIF
District;
(3) relocation benefits paid to, or services provided for, persons or businesses
located within the TIF District; or
(4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax
increment bonds.
Administrative expenses include amounts paid for services provided by bond counsel, fiscal
consultants, planning or economic development consultants, and actual costs incurred by the
County in administering the TIF District. Tax increments may be used to pay administrative
expenses of the TIF District up to the lesser of (a) 10% of the total estimated public costs
authorized by the TIF Plan or (b) 10% of the total tax increment expenditures of the project.
Section U Limitation on Property Not Subject to Improvements
If after four years from certification of the TIF District no demolition, rehabilitation, renovation,
or qualified improvement of an adjacent street has commenced on a parcel located within the
TIF District, then that.parcel shall be excluded from the TIF District and the Original Net Tax
Capacity shall be adjusted accordingly. Qualified improvements of a street are limited to
construction or opening of a new street, relocation of a street, or substantial reconstruction or
rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1
of the fifth year, evidence that the required activity has taken place for each parcel in the TIF
District.
If a parcel is excluded from the TIF District and the Authority or owner of the parcel
subsequently commences any of the above activities, the Authority shall certify to the County
~ SPRINGSTED Page 8
LJ5
City of Eden Prairie, Minnesota
Auditor that such activity has commenced and the parcel shall once again be included in the
TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently
certified by the Commissioner of Revenue, and add such amount to the Original Net Tax
Capacity of the TIF District.
Section V Estimated Impact on Other Taxing Jurisdictions
Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected
Retained Captured Net Tax Capacity of the TIF District was hypothetically available to the other
jurisdictions. The Authority believes that there will be no adverse impact on other taxing
jurisdictions during the life of the TIF District, since the proposed development would not have
occurred without the establishment of the TIF District and the provision of public assistance. A
positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the
development therein becomes part of the general tax base.
Section W Local Government Aid Penalty
Tax increment financing districts established or expanded after April 30, 1990 may cause a
reduction in the local government aid (LGAlHACA) received by the City from the State. Such
reduction is an offset to the decrease in state aid the School District would otherwise receive,
due to the manner in which the Retained Captured Net Tax Capacity of the TIF District is
treated in the school aids formula. However, because the TIF District is a qualified housing
district the City is exempt from any loss of local government aid.
Section X Prior Planned Improvements
The Authority shall accompany its request for certification to the County Auditor (or notice of
district enlargement), with a listing of all properties within the TIF District for which building
permits have been issued during the 18 months immediately preceding approval of the TIF
Plan. The County Auditor shall increase the Original Net Tax Capacity of the TIF District by the
net tax capacity of each improvement for which a building permit was issued.
There have been no building permits issued in the last 18 months in conjunction with any of the
property located within the TIF District.
Section Y Development Agreements
If more than 10% of the acreage of a project (which contains a housing district) is to be
acquired by the Authority with proceeds from tax increment bonds then, prior to such
acquisition, the Authority must enter into an agreement for the development of the property.
Such agreement must provide recourse for the Authority should the development not be
completed.
The Authority antiCipates entering into an agreement for development, but does not anticipate
acquiring any property located within the TIF District.
Section Z Assessment Agreements
The Authority may, upon entering into a development agreement, also enter into an
assessment agreement with the developer, which establishes a minimum market value of the
land and improvements for each year during the life of the TIF District.
~ SPRINGSTED Page 9
City of Eden Prairie, Minnesota
The assessment agreement shall be presented to the County or City Assessor who shall review
the plans and specifications for the improvements to be constructed, review the market value
previously assigned to the land, and so long as the minimum market value contained in the
assessment agreement appears to be a reasonable estimate, shall certify the assessment
agreement as reasonable. The assessment agreement shall be filed for record in the office of
the County Recorder of each county where the property is located. Any modification or
premature termination of this agreement must first be approved by the City, County and School
District.
The Authority does not anticipate entering into an assessment agreement.
Section AA Modifications of the Tax Increment Financing Plan
Any reduction or enlargement in the geographic area of the Project Area or the TIF District;
increase in the amount of bonded indebtedness to be incurred; increase in the amount of
capitalized interest; increase in that portion of the Captured Net Tax Capacity to be retained by
the Authority; increase in the total estimated public costs; or designation of additional property
to be acquired by the AuthOrity shall be approved only after satisfying all the necessary
requirements for approval of the original TIF Plan. This paragraph does not apply if:
(1) the only modification is elimination of parcels from the Project Area or the TIF
District; and
(2) the current net tax capacity of the parcels eliminated equals or exceeds the net
tax capacity of those parcels in the TIF District's Original Net Tax Capacity, or
the Authority agrees that the TIF District's Original Net Tax Capacity will be
reduced by no more than the current net tax capacity of the parcels eliminated.
The Authority must notify the County Auditor of any modification that reduces or enlarges the
geographic area of the Project Area or the TIF District. The geographic area of the TIF District
may be reduced but not enlarged after five years following the date of certification.
Section AS Administration of the Tax Increment Financing Plan
Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota
Department of Revenue. The Authority shall also request that the County Auditor certify the
Original Net Tax Capacity and Net Tax Capacity Rate of the TIF District. To assist the County
Auditor in this process, the AuthOrity shall submit copies of the TIF Plan, the resolution
establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned
improvements. The Authority shall also send the County Assessor any assessment agreement
establishing the minimum market value of land and improvements in the TIF District, and shall
request that the County Assessor review and certify this assessment agreement as reasonable.
The County shall distribute to the Authority the amount of tax increment as it becomes
available. The amount of tax increment in any year represents the applicable property taxes
generated by thd Retained Captured Net Tax Capacity of the TIF District. The amount of tax
increment may change due to development anticipated by the TIF Plan; other devejopment,
inflation of property values, or changes in property classification rates or formulas. In
administering and implementing the TIF Plan, the following actions should occur on an annual
basis:
(1) prior to July 1, the Authority shall notify the County Assessor of any new
development that has occurred in the TIF District during the past year to insure
that the new value will be recorded in a timely manner.
~ SPRINGSTED Page 10
City of Eden Prairie, Minnesota
(2) if the County Auditor receives the request for certification of a new TIF District, or
for modification of an existing TIF District, before. July 1, the request shall be
recognized in determining local tax rates for the current and subsequent levy
years. Requests received on or after July 1 shall be used to determine local tax
rates in subsequent years.
(3) each year the County Auditor shall certify the amount of the Original Net Tax
Capacity of the TIF District. The amount certified shall reflect any changes that
occur as a result of the following: .
(a) the value of property that changes from tax-exempt to taxable shall be
added to the Original Net Tax Capacity of the TIF District. The reverse
shall also apply;
(b) the Original· Net Tax Capacity may be modified by any approved
enlargement or reduction of the TIF District;
(c) if the TIF District is classified as an economic development district, then
the Original Net Tax Capacity shall be increased by the amount of the
annual adjustment factor; and
(d) if laws governing the classification of real property cause changes to the
percentage of Estimated Market Value to be applied for property tax
purposes, then the resulting increase or decrease in net tax capacity shall
be applied proportionately to the Original Net Tax Capacity and the
Retained Captured Net Tax Capacity of the TIF District.
The County Auditor shall notify the Authority of all changes made to the Original Net Tax
Capacity of the TIF District.
Section AC Financial Reporting and Disclosure Requirements
The State Auditor shall enforce the prOVisions of the TIF Act and shall have full responsibility for
financial and compliance auditing of the Authority's use of tax increment financing. On or
before July 1 of each year, the Authority must annually submit to the State Auditor, City
Council, County Board and County Auditor, and the School District Board a report which shall:
(1) provide full disclosure of the sources and uses of public funds in the TIF District;
(2) permit comparison and reconciliation of the accounts and financial reports;
(3) permit auditing of the funds expended on behalf of the TIF District; and
(4) be consistent with generally accepted accounting principles.
The report shall include, among other items, the following information:
(1) the Original Net Tax Capacity of the TIF District;
(2) the Captured Net Tax Capacity of the TIF District, including the amount of any
Captured Net Tax Capacity shared with other taxing jurisdictions; .
(3) for the reporting period and for the duration of the TIF District, the amount
budgeted under the TIF Plan, and the actual amount expended for, at least, the
following categories:
(a) acquisition of land and buildings through condemnation or purchase;
~ SPRINGSTED Page 11
q-Z
City of Eden Prairie, Minnesota
(b) site improvements or preparation costs;
(c) installation of public utilities, parking facilities, streets, roads, sidewalks,
or other similar public improvements;
(d) administrative costs, including the allocated cost of the Authority; and
(e) public park facilities, facilities for social, recreational, or conference
purposes, or other similar public improvements.
(4) for properties sold to developers, the total cost of the property to the Authority
and the price paid by the developer; and
(5) the amount of increments rebated or paid to developers or property owners for
privately financed improvements or other qualifying costs.
Additional inbrmation which must be annually reported to the State Auditor, by July 1 of each
year, includes:
(1) for the entire City:
(a) the total principal amount of nondefeased tax increment bonds
outstanding at the end of the previous calendar year; and
(b) the total amount of principal and interest payments that are due for the
current calendar year on tax increment bonds.
(2) for each tax increment financing district in the City:
(a) the type of district;
(b) the date the TIF District is required to be decertified;
(c) the amount of any payments and the value of in-kind benefits, such as
physical improvements and the use of building space, that are financed
with revenues from increments and are provided to another governmental
unit during the preceding calendar year,
(d) the tax increment revenues for taxes payable in the current calendar
year;
(e) whether the TIF Plan permits tax increment revenues to be expended for
activities located outside of the TIF District, and
(f) any additional information that the State Auditor may require.
The Authority must also annually publish in a newspaper of general circulation in the City an
annual statement for each tax increment financing district showing the tax increment received in
that year, the original and captured net tax capacity, the amount of outstanding bonded
indebtedness, the amount of increments paid to other governmental bodies, the amount paid
for administrative costs, the sum of increment paid, directly or indirectly, for activities and
improvements located' outside of the district, the increase in property taxes if a fiscal disparity
contribution is being made from outside of the district, and any additional information the
Authority deems necessary.
~ SPRINGSTED Page 12 qq
"
s
2
,f .. . .
I
(el
Redevelopment Project Area No.4 and
Tax Increment Financing (Qualified Housing) District No. 12
(5)
t\~"
CT. LOCATION
.... , I
, 3 ~-
I!
•. s:s:c I ..........
EXHIBIT I
'L
Assumptions Report •
City of Ed.n Prairi •• Minn.sota
Tax Incr.m.nt Financing (Qualifi.d Housing) District No. 12
Columbin. Road Housing Proj.ct (Anticipat.d Lif. of TIF District)
Typ. of TaX Incr.m.nt Financing District
Maximum Duration of TlF District
Qualified Housing
25 year. from 1 st Increment
02/15/96
EXHIBIT \I
C.rtificatlon Date of TlF District
D.c.rtification Date of TlF District 12/01/2010 (13 Year. of Increment)
Bas. Estimated Market Valu. per Unit
lim.s: First $72.000 1.00%
Exc... 2.00%
Original Net Tax Capacity per Unit
Original Net Tax Capacity
1995/1996
$8.625 ($276.000 / 32 Units)
86
o
$86
$2.752
1-- - - - - -A ..... m.nt/ColI.ction Year ------1
Ba •• E.timated Market Valu. per Unit
Increas. in EMV per Unit
Total Estimat.d Market Valu.
lim.s: Fir.t $72.000
Exc.s.
Total Net Tax Capacity
Numb.r of Unit.
Total Estimated Market Valu.
Total Net Tax Capacity
Bas. Inflation Factor
Local Tax Capacity Rate
1.00%
2.00%
1996/1997
$8.625
0
$8.625
86
0
$86
32
$276.000
$2.752
Fiscal Dispariti.s Contribution From TlF District
Admini.trativ. Retainag. Perc.nt (maximum -10%)
Pooling P.rcent
City Tax Rate (Only if Local-Effort TlF)
Bonds
Bond. Dated
First Interest Oat.
Underwriter. Di.count
Principal & Inter.st @
LGA/HACA Lo •• :
02/15/96
02/01/97
1.50%
100%
Will Annual Local Contribution B. Mad. (Y.s or No)?
I.S.D #272 Equaliz.d Tax Capacity Rat.
I.S.D #272 Sal •• Ratio
City of Ed.n Prairie Sal •• Ratio
City of Eden Prairl. Taxabl. NTC
Pr ••• nt Value Date
Pr.s.nt Value Rat.
Pr.par.d by: Springst.d Incorporat.d (16-Jan-96)
1997/1998 1998/1999
$8.625 $8.625
85.125 85.125
$93.750 $93.750
720 720
4S5 4S5
$1.155 . $1.155
32 32
$3.000.000 $3.000.000
$36.960 $36.960
NA
140.000% (Estimat.)
0.0000%
10.00%
0.00%
NA
Loan
Loan Dated
Loan Rate
No
02/15/96
9.00%
38.53% (Averag.)
NA
NA
NA
02/15/96
5.00%
1999/2000
$8,625
85.125
$93.750
720
4S5
$1.155
32
$3.000.000
$36.960
v'\
~
Less:
Annual Total Original
Period Net Tax Net Tax
Ending Capacity Capacity
(1 ) (2) (3)
12/31/96 2,752 2,752
12/31/97 2,752 2,752
12/31/98 36,960 2,752
12/31/99 36,960 2,752
12/31/2000 36,960 2,752
12/31/2001 36,960 2,752
12/31/2002 36,960 2,752
12/31/2003 36,960 2,752
12/31/2004 36,960 2,752
12/31/2005 36,960 2,752
12/31/2006 36,960 2,752
12/31/2007 36,960 2,752
12/31/2008 36,960 2,752
12/31/2009 36,960 2,752
12/31/2010 36,960 2,752
12/31/2011 36,960 36,960
12/31/2012 36,960 36,960
Projected Tax Increment Report ,
City of Eden Prairie, Minnesota
Tax Increment Financing (Qualified Housing) District No. 12
Columbine Road Housing Project (Anticipated Ute of TIF District)
Less: Retained Times: Plus:
Fiscal Captured Tax Annual Local
Disparities @ Net Tax Capacity Gross Tax Contribution
0.0000% Capacity Rate Increment 0.00%
(4) (5) (6) (7) (8)
0 0 140.000% 0 0
0 0 140.000% 0 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% ·47,891 0
0 34,208 140.000% ·47,891 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% 47,891 0
0 34,208 140.000% 47,891 0
0 0 140.000% 0 0
0 0 140.000% 0 0
$622,583 $0
Prepared by: Springsted Incorporated ( 16-Jan-96)
Less: Less:
Admin. State Auditor Annu~1
Retainage Deduction Net
10.00% 0.10% Revenue
(9) (10) (11)
0 0 0
0 0 0
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
4,789 48 43,054
0 0 0
0 0 0
$62,257 $624 $559,702
J)
0J
Taxing
Jurisdiction
City of Eden Prairie
Hennepin County
ISO #272, Eden Prairie
Other (2)
Totals
Estimated Impact on Other Taxing Jurisdictions Report
City of Eden Prairie, Minnesota
Tax Increment Financing (Qualified HotJsing) District No. 12
Columbine Road Housing Project
Without TlF District With TlF District
Projected
1994/95 1994/95 Retained New Hypothetical
Taxable 1994/95 Taxable Captured Taxable Adjusted
Net Tax Local Net Tax Net Tax Net Tax Local
Capacity (1) Tax Rate Capacity (1) Capacity Capacity Tax Rate
56,014,476 24.090% 56,014,476 34,208 56,048,684 24.075%
868,370,688 37.454% 868,370,688 34,208 868,404,896 37.453%
53,962,788 67.235% 53,962,788 34,208 53,996,996 67.192%
7.081% 34,208 7.081%
135.860% 135.601%
Hypothetical
Hypothetical Tax Generated
Decrease In by Retained
Local Captured
Tax Rate N.T.C.
0.015% .8,236
0.001% 12,812
0.043% 22,985
0.059%
Statement 1: If the prolected Retained Captured Net Tax Capacity ofthe TlF District was hypothetically available to each of
the taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above)
which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax rate
would decrease by 0.059% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the
Retained Captured Net Tax Capacity of the TlF District would generate is also shown above.
Statement 2: Since the projected Retained Captured Net Tax Capacity of the TlF District is not available to the taxing jurisdictions,
then there is no Impact on taxes levied or local tax rates.
(1) Taxable net tax capacity = total net tax capacity -captured TlF -fiscal disparity contribution.
(2) The Impact on these taxing jurisdictions Is negligible since they represent only 5.21 % of the total tax rate.
Prepared by: Springsted Incorporated (26-Dec-95 )
e~ -DATE:
CITY COUNeR. AGENDA FEBRUARY 6,1996 ~-,~a 1 ""I r-; 1 IIi I SECTION:
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
FINANCE PAYMENT OF CLAIMS VI
\
CHECKS NUMBER 38020 THRU 38481
Action/Direction:
I
FEBRtwrr 6 I 1996
38020 HEALTHPARfNERS
38021 MDICA CHOICE
38022
38023
38024
38025
38026
38027
38028
38029
38030
38031
38032
38033
38034
38035
38036
38037
38038
38039
38040
38041
38042
38043
38044
ABES ALES AND BEER
Il'\Y DISTRIBUfIN3 CClvPANr
EAST S I IE BEVERt'GE CO
GRI a:;S ca::P.ER & CO IOC
M'\RK VI I DISTRIBUfIN3 CClvPANr
MIIMEST COCA CaA BOITLIN3 CO
PEPSI CCLA CClvPANr
TIKJRPE DISTRIBUfIN3 CClvPANr
TRICIA IEVRIES
SHARCN GRAUSAN
JLVr M\RCUS
BrnNIE swwsrn
BCNNIE swwsrn
VOIV OUT CHECK
IEB SALCALClS
MARTHA WAVVELL
IXJlE 1D\EY
JANE AI.J..EN
V£NDr HlNTER
.M£S CCNSTRIrl' I rn
BOYD M'\SCNRY'
GARTNER REFRIGERATIrn & M'G IOC
GENUINE PARTS CClvPANr
HEALTH INSUlWO: PREMl LM FOR TH MNrH OF
JANU\RY.
HEALTH INSUlWO: PREMlLM FOR THE MNI'H OF
JANU\RY/HEALTH INSI..lRAOCE PREMlLM FOR THE
1vrnI'H OF JANUA.RT.
BEER.
BEER.
BEER.
BEER.
BEER.
MIX.
MIX.
BEER.
REFLND-S'MMv1fN3 LESsrns.
REFLND-S'MMv1fN3 LESSrns.
REFLND-TAI CHI CHIN crASS.
REFLND-S'MMv1fN3 LESSrns.
REFLND-S'MMv1fN3 LESSrns.
REFLND-S'MMv1fN3 LESsrns.
REFLtID-S'MMv1lN3 LESSCNS.
REFLtID-S'MMv1fN3 LESSCNS.
REFI.lID-GTWA5TICS crASS.
REFI.lID-GTWA5TI CS crASS.
REFl.ND FOR HrDRANT/1v£TER LESS W\TER USED .
REFLND FOR HrDRANI'/lvETER LESS W\TER USED.
FRECN FOR RINK SYSTEM-CCtvM.NITI CENIT.R..
FILTERS/SCREMS/BLADES/BELTS/RELATS/MIR
HEAD/lDSE ENDS/F ITTIN3S/FUSFHliJ/
I NSLLATOR/ STARTER FLillD/SEALANT /BATI'ERY'/
MISC ST<XK PAKI'S-FLEEI' SERVICES-PARK
M4JNTENANCE •
38045
38046
38047
38048
38049
LAKE Sll'ERIOR CCLLEGE CGlFEREN:E EXPENSE-ENiINEERINi.
lvRPA 'MNI'ER SPORTS 'MNTER SPOKI'S TEAM REGISTRATICNS.
RYAN CCNSTRIrfIrn REFLlID FOR HrDRANT/lvETER LESS W\TER USED.
PLBLIC ElvPLOrEES RETIREMNI' ASSOC PATRCLL 12-29-95.
~T BANKS 1vN N A FEIERAL SOCIAL SECURIrr AND MDICARE
38050 PIZZA HUf
38051 US POSTM'\STER
38052 US POSTM'\STER
38054
38055
38056
38057
38058
38059
38060
38061
BETTI BJORKM\N
M\RGRET .lXD4.
CAMILLE EHRI CH
CLGA FRIEI:M\N
taLLA GORDAN
LATCNIA HANSCN
YaIAN ILAmARATNE
NI ca:u; KLINEFELTER
19055623
'MTHfKLDIN3 P.ATh£Nf PATRCLL 01-05-96.
YOUl'H SPECIAL TRIP.
FIRST CLASS RETURN PasT~.
$85.00 ~ BUS REPLY PE~T/$205.00
REJJU:ED RATE FOR 12 IvamiS.
REFlND-CERAMlCS SENIOR CLASS.
REFlND-SKATIN3 LESSCNS.
REFLtID-SKATIN3 LESSCNS.
REFLND-YOUfH SPECIAL TRIP.
REFLND-SKATINi LESSCNS.
REFLtID-ARl' OF IJRAMNi.
REFLtID-S'MMv1fN3 LESSrns.
REFtND-S'MMv1fN3 LESSrns.
2
VI
27298.54
51468.05
80.00
7374.45
16539.10
24.04
4914.74
1228.34
410.50
18992.40
54.00
21.00
25.00
18.00
18.00
0.00
3.00
15.00
3.00
26.00
23.00
533.01
298.90
1227.70
1192.53
20.00
968.00
294.10
20704.28
35992.55
50.04
100.00
290.00
6.50
100.00
85.66
22.00
42.80
20.00
35.00
37.00
- - ----~~~----~~~~--
~-----------, ---~~~~~-------------
FEBR.UA.RY 6 I 1996 VI
38062 JaiN M\RSHALLA REFLID-SMMAI Ni LESSCNS. 47.00
38063 ANNETTE MIlLER REFLID-SKATINi LESSCNS. 47.00
38064 ANNE MrHRAN REFU'ID-SKATI Ni LESSCNS. 42.83
38065 RENEU..E NELSCN REFl.ID-SMMAINi LESSCNS. 15.00
38066 IEBORAH CLSON REFLNIrSKATINi LESSCNS. 47.00
38067 LAUREN Ra:EKl.HR REFLID-CERAMl CS SENIOR CLASS. 6.50
38068 1vf\Rr RaSE REFLID-SKATINi LESSCNS. 37.00
38069 Ra3IN STEMRT REFLID-SKATINi LESSCNS. 47.00
38070 lvRS RCMEI<AMJ REFLND-SMMAINi LESSCNS. 18.00
38071 JERKr THIMSEN REFLND-SKATlNi LESSCNS. 10.00
38072 ANN SCHUSTER REFLID-CERAMl CS SENIOR CLASS. 6.50
38073 JI.NE MM£R REFl.ID-SKATINi LESSCNS. 18.67
38074 MRP 55 ALIVE 1vf\TURE DRlVINi TUITICN FOR 1vf\TURE DRlVINi CLASS. 168.00
38075 PATRICIA BARKER REFl.ID-CHRI STIvf\S ORNMvENTS FOR EM?LOrEE 128.92
HCLI Il'\Y LLNCHECN.
38076 CHANHASSEN DI NNER THEATRE SENIOR TRIP-FEES PAID. 629.00
38077 ErEN PRAIRIE JAZZ ENSEM3LE ENfERI'AINMNI'-1996 M\RI'IN LUI'HER KINi 75.00
CELEBRATI CN.
38078 JaiN ELGETHLN I NSTRLCTOR FOR CRQSS COLNfRY SKI CLI NI C-30.00
AQ4.PTIVE REC PRaiRAM.
38079 ELYCE KASTIGAR MI LUGE-COvM.NITr CENI'ER. 126.00
38080 JCEL KLUI'E SERVlCE-OfFICIAL-FEES PAID. 200.00
38081 .I<RAElvERS HCl£ CENI'ER EXT CQRIl<)/crLINIER/TRIGGER TORCH HEAD/ 824.38
KEYS/KEY -RI NiS/SLEIl5/TORCH/SCRAPERS/
BAITERYS/BI RD FEELER/HOUSE NU.£ERS/PAI NT /
OUTLET STRIP /SLRiE PROfECTOR/HCXK5/
ALW?T.ER/MISC SLPPLIES-PARK MtUNl'ENAlfir
YOill'H RECREATI CN-F I HE IEPT-UI'ILITIES.
38082 lvRPA W REC AND PARK ASSa:IATION AW\RUS 25.00
LLN:HECN.
38083 MJRTHERN STATES PCMER CO SERVICE. 43526.58
38084 PAllETT THCM?SON CONfERENCE-UI'ILITIES DIVISION. 145.00
38085 w:NDr SCHMITZ REI1vBURSa£Nr-ITEMS PURCHASED FOR MAJrrIN 94.08
LUI'HER KI Ni DINNER.
38086 SISINNI FaD SERVICE 1v£ETIN:i EXPENSE-CITr HAlL/ENVIRCNv£.NI'AL 3756.69
w\sTE/STAFF Ml'G/MJ< DINNER/EWLOrEE LLN:H.
38087 LNITED PCMER ASSa: COOFERENCE-STREET OCPAKThENf. 175.00
38088 DIVISICN Of ElvERGENCY WMC' CCNFERENCE-PCLICE IEPT. 31.00
38089 GENE ABBOIT PARKIN:i AND MILEPGE EXPENSE-INSPECTICNS. 47.25
38090 APPLEBEES RESTAURANT GIFT CETIFICATE-Q TIP AMRD. 25.00
38091 Il.<\M\ M' INC .LCXX BClX-FI RE IEI!f. 100.78
38092 MICHAEL J FABINI MI LUGE REI1vBURSElvENI'-I NSPECTI CNS . 24.95
38093 NORTHERN STATES PCMER CCM?ANr SERVICE. 13050.61
38094 PRYOR RESOURCES INC CONfERENCE EXPENSE-CClvM.NITr CENTER. 99.00
38095 U S PQ)T~TER RETURN PQ)TAGE ACCOlNT FOR COvM.NITr 200.00
BROCHURE SUR\l.EY.
38096 U S v.EST CCMvlNI CAT I ONS SERVICE. 3885.15
38097 JIM ZAIe REIM3URSEMNI' FOR STATE M<\STER PLLM3INi 100.00
LICENSE.
38098 MICHAEL J FABINI MfLVGE AND PARKINi REI1vBURSElvENI'-24.15
INSPECTIONS.
6783404
3
--------
FEBRUARY 6) 1996
38099 LNIVERSI'IT OF MINNESOTA MNICIPAl..S MNTER lIDRKSHCP-CCNFERENCE
EXPENSE CI'IT HALL.
38100
38101
38102
38103
38104
VOIV OUT CHECK .
~T SLBURBAN Ca..LMRlS CREDIT tNI PAYRa.L 1-5-96.
MLLIAM LEM?ESIS MII..VGE-LIQlm STORE II.
JCEN R LlNN MILElGE-LIQlm STORE II.
MlSIC THEATRE INI'ERNATICNAL SECURI'IT FEE Fffi FIIXLER CN THE RCX.£
lvt\TERIAl..S Fffi StlvtvER THEATRE.
38105 PETIT CASH
38106 JERRr PRCIX:EHL
PETIT CAS~I'IT CENTER.
EXPENSES-W STATE SI.PERINTENIl'\NT ASsa;
JAN M:.ETI N:7.
38107 S~ cur SHELF AND INSTAI.LATICN VIrEO RCXlvf!REVAMJ
BASE CABINET IN IE'ITNfICN RaM 00 TO
38108
38109
38110
38111
38112
38113
38114
38115
38116
38117
38118
38119
38120
38121
38122
38123
38124
38125
38126
38127
38128
38129
38130
REUX:ATI CN OF CAB I NET •
SEYM¥J< AMI N REFLND-SKATI N:7 LESSeNS.
ETHEL ANIERSCN REFLND-CE1l'\RHURST MW5ICN.
BRETT BOOS REFLND-SMMv1lN:i LESSeNS.
FLIZABETH BRACKEN REFLND-LIFEGU\RD TRAININi.
IELLORA Ca..EM\N REFLND-CEI::ERHl.R5T M\NS I CN.
CYNTHIA C<XK REFLND-LIFEGU\RD TRAINlNi.
BEVERLY EASTHOUSE REFLND-BRImE CLASS.
PAllA HALLAU REFLND-LIFEGLNID TRAININ:7.
JEAN a:w:LL REFLND-BRIIXiE CLASS.
AL KRU'.GAR REFLND-LIFEGLNID TRAININ:7.
VIa..ET LAPPIN REFLND-CEJlI\RHURST M\NSICN.
NANCY LENZI REFLND-SMMvfiN:7 LESSCNS.
PAlLA 1vEYERS REFLND-SKATIN:7 LESSCNS.
NAOCY a..SCN REFLND-ENJGr W MNI'ER SESSICN.
PALL a..sCN REFLND-ENJGr W MNI'ER SESSICN.
SUSAN SEPTER REFLND-LIFEGU\RD TRAININi.
M\RLYS AND J.M£S MLSCN REFLND-CEJlI\RHURST M\NSICN.
LORRAI NE MNNECK REFLND-REFRESHER DRIVIN:7 COURSE.
PAPER AARE.HOU5E INC SLPPLIES-~ RESOURCES.
M:TRaJeLITAN COlNCIL MSTEMTER S a::TCJ3ER 95 SIC. CHARGES.
MINNESOTA STATE TREASURER a::TCJ3ER 95 BWWIN:7 PERMIT SURCHARGES.
PTIC. GOVERNA£Nf TRAININ:7 SERVICE TRAININ:7 EXPENSE-Pa..lq: r£PT.
CCS CCNCRETE AND M'\SOORY INC REHAB WJRK -16371 ~TGATE TRAIL FRAN
VI LAND.
38131 W SOCIE'IT OF ARBORlCILTURE REGISTRATICN Fffi RICHARD MLLIAMiCN-
ELECTRI CAL HAZARIl5 AW\RENESS PRaiRAM.
38132 LNIVERSI'IT OF W REGISTRAR 2674 SEMINAR EXPENSE-ASSESSIN:7 r£PT.
38133 U S W:ST CELLlLAR SERVI CE.
38134 THE LNITED STATES CCNFERENCE OF M CCM-'ERENCE REGISTRATICN-US CCNFERENCE OF
MA.YORS.
38135 VOIV OUT CHECK
38136 CAPITAL HILTCN HOrEL
38137 DR JEAN HARRIS
38138 ABES ALES AND BEER
38139 BELLBor CORPORATICN
10466331
.
IDfEL RESERVATICNS-CCM-'ERENCE EXPENSE.
ADVANCE-C~ EXPENSE/US CCNFERENCE
OF M'UORS.
BEER.
BEER.
VI
490.00
0.00
575.00
171.08
65.52
300.00
20.61
14.50
621.15
38.66
27.00
21.00
160.00
27.00
160.00
25.00
160.00
25.00
160.00
27.00
21.00
14.30
15.00
15.00
160.00
54.00
5.00
17.58
88357.50
6708.64
220.00
2973.00
155.00
225.00
1519.45
400.00
0.00
301.32
200.00
36.00
177 .00
------------~ -----~------
FEBRU4.RY 6, 1996 VI
38140 mY DISTRIBLU'Il'li CCM?ANr BEER. 12776.65
38141 EAST S I IE BEV£R.4GE CO BEER. 4208.05
38142 EAST S I IE BEVERPGE CO BEER. 19212.60
38143 GRIGGS CCXFER & CO IN: BEER. 24.04
38144 MA.RK VI I DISTRIBLU'Il'li CCM?ANr BEER. 15749.44
38145 MIIMEST Ca:A Ca..A BOITLIl'li CO MIX. 622.05
38146 PEPSI -CCLA CCM?ANr MIX. 210.10
38147 PHILLIPS 'MNE & SPIRITS BEER. 19.00
38148 QU\LITY 'MNE & SPIRITS CO BEER. 23.95
38149 THE 'M NE CCM?ANr BEER. 19.20
38150 THORPE DI STRI BLU'I l'li CCM? ANr BEER. 16678.75
38151 CHETS SAFETY SALES IN: LNIFORM EXPENSE-FLEET SERVICES/PARK 1004.40
MV NI'ENAl'U..
38152 G NEIL CCM?ANIES SLPPLIES-HLM\N RESOURCES. 288.85
38153 M E M A TREASURER OFGANlZATlrn M1vf3ERSHIP-PCLICE IEPI'. 60.00
38154 CITY OF ST PALL TRAINI1'l7-PCLlCE IEPI'. 290.00
38155 CITY OF ST PALL TRAINI1'l7-PCLlCE IEPI'. 100.00
38156 CITY OF ST PALL TRAI NI 1'l7-PCLI CE IEPI'. 290.00
38157 CCLIN D SCHMIDI' TillTlrn REIM3URSE1vENI'. 1206.21
38158 ROSETTI VAASSEN REIM3URSE FOR 1/4 FITNESS CERTIFICATlrn 29.75
AND TRAI NI l'li CLASS.
38159 JIM ZAIC REIM3URSE FOR PARKIl'li/PLM3 LICENSE-25.25
INSPECTI rn rEPr.
38160 CIRCUS PIZZA YOUfH SPECIAL TRIP. 239.63
38161 CIRCUS PIZZA YOUTH SPECIAL TRIP. 119.81
38162 M\PLEWXlJ CavM.NITY CENTER YOUTH SPECIAL TRIP. 94.52
38163 PETTY CASH TO REIM3URSE FOR YOUTH SPECIAL TRIP. 50.04
38164 RCLLER GARIEN YOUTH SPECIAL TRIP. 150.00
38165 V£LCH VIILPGE YOUTH SPECIAL TRIP. 700.00
38166 LNIVERSITY OF MINNESOTA SEMINAR EXPENSE-MNICIPALS 'MNrER 70.00
OCJRKSHCF .
38167 MfFA ATTN DIANA LlND LI HC WJRKSHCF /TRAINI l'li EXPENSE/COvM.NITY 15.00
IEVEUFh.£Nf •
38168 U S POSTM\STER PCl5TPGE-LU'ILITY BILLIl'li DISTRICT #3 921.60
PERMIT 241.
38169 ~T BANKS MINNESOTA N A FEIERAL SOCIAL SECURITY AND lvEDICARE 88106.98
'MTHHCLDI l'li Pl'Ml' P AYRClL 1-19-96.
38170 VtEST StI3URBAN CCLtlvBUS CREDIT LNI PAYRClL 1-19-96. 750.00
38171 MRP 55 ALIVE M<\TURE DRIVIl'li TillTlrn FOR 55 ALIVE/MAJURE DRIVIl'li CLASS. 88.00
38172 KAMI KI SSNER SERVI CE-G'l'MlASTI CS INSTRIrTOR-FEES PAID. 105.00
38173 TRI COLNIT LAW ENfORCEM'NI' ASSOCI 1996 M:M3ERSHIP-PCLlCE rEPr. 50.00
38174 W r:EPT OF !GRICLLTURE LI CEN:E RENEML-PARKS lEPARTMNf. 20.00
38175 W pco:.. SPA CFERATIrn TRAINIl'li TRAINI l'li EXPENSE-CavM.NITY CENTER 165.00
AQUA.TICS.
38176 SANIJr MITCHELL OFFICE SLPPLIES REIM3URSE1vENI'. 44.22
38177 NORTHERN STATES PCMER CO SERVICE. 33572.21
38178 CFERAT I l'li E1'li I NEERS TRAI NI l'li PRm TRAI NI 1'l7-P ARKS r:EPT. 25.00
38179 SISINNI FaD SERVICE Mn'Il'li EXPENSE-CITY HALL. 189.62
38180 yCJlt.G ALDIEN:ES OF MINNESOTA SERVI CE-HI STORI CAL CLLTURE EVENT. 250.00
38181 JQA.NN BRLNER REFLNIrSKAT I l'li LESSCNS. 10.01
19857493
-------------------
-------------~
FEBRUARY 6, 1996 VI
38182 BARBARA CHACKO REFLND-SKATIN:7 LESSCNS. 8.33
38183 1vN ASPIW.T PAVEMNf ASSOC RECERTIF I CAT I CN TRAINlNi-ENiI NEERIN:7 IEPT. 320.00
38184 ABM EQUlPMN.l' & Sl.PPLY INC PARTS-FLEET SERVICES. 98.18
38185 AUf SECURITr SYSTDv5 SERVI CE-CClYfvtNITr CENTER. 1303.03
38186 AFF I R1vED M:DI CAL SERVI CES INC FIRST AID SUPPLIES-CITr fW.L. 119.69
38187 DERRICK ALLEN SERVlCE-BASKETBAl(K OFFICIAL-FEES PAID. 30.00
38188 ALTERNATIVE BUSINESS FURNITURE OFFICE FURNITURE-FACILITIES/FINANCE rEPT. 962.19
38189 M£RI CAN Al.LlAOCE FOR HEALTH 1v£.M3ERSHI P-AQ4J?T lYE RECREAT I CN. 125.00
38190 M£RICAN PtGIN:7 OF MINNESOTA SERVICE. 228.22
38191 PARK NICaLET 1vEDlCAL CENTER VACCINES-FIRE IEPT. 768.80
38192 M£RI CAN W\TER WJRI<:S ASSOC PUBLICATIONS-UTILITIES DIVISICN. 604.40
38193 ARNIE A1vRHEIN LNI FORM EXPENSE-STREET rEPT. 104.00
38194 ANCHOR PRI NfIN:7 CCM?ANr ARTS CCMvffSSICN BRCnIURE/SENIOR 1341.91
NEMLEITER.
38195 IX:N ANIERSCN JR SERVlCE-I:IC:X:KEY OfFICIAL-FEES PAID. 510.00
38196 EARL F ANIERSEN & ASSOC INC REINSTAl.LATICN Of SMN:7SET-PARKS rEPT. 710.00
38197 M£RI CAN PHOTO CCFY SERVICE CrnTRACT-CITr fW.L. 363.00
38198 APPLI AOCE OUI'LET CENTER REFRIGERATOR-PeLlCE IEPT. 159.69
38199 ASPEN EQUlPM:Nf CCM?ANr STOCK PUW PARTS-FLEET M\INI'ENNU,. 482.06
38200 ASSOCIATICN Of lvETRO MNICIPALITI PUBLlCATICN-UTILITIES DIVISICN. 75.00
38201 ASSOCIATICN Of TRAININ:7 1996 MEMBERSHIP DUES-POLICE IEPT. 20.00
38202 AT&T MRELESS SERVICES SERVICE-POLICE IEPT. 88.40
38203 PATRICIA BARKER PLELI CAT I CN-PARKS rEPT. 21.24
38204 THE BATTERY STORE BATTERY-POLL CE IEPT. 59.59
38205 BAlER BillLT INC STOCK BATTERIES-FLEET SERVICES. 299.48
38206 BECKER ARENA PRa:J[£TS INC SLI?PLIES-CCMvtNITr CENTER ICE ARENA. 242.47
38207 JEFF BELL PLELIC SPEAKER-FIRE IEPT. 125.00
38208 BELLBOr CORPORATICN Sl.PPLIES-LIQLOR STORES. 830.19
38209 BF I TI RE RECYCLERS OF W INC OGE RENTAL-FLEET SERVICES. 30.00
38210 BIFFS INC SERVI CE-PARK M\INrENAOCE. 1079.15
38211 BIG BCBS REPAIR SHCJP AND SCNS INC REPAIRS-FACILITIES. 80.00
38212 CITr Of BL<XMlIDTCN ANI JvfI\L CrnTRCL SERVI CE FOR .NO'vEM3ER 95/ 589.00
GRAPHICS ~-AIl'\PI'IYE RECREATI CN.
38213 BACCNS ELECTRIC CO LIGHTlNi-MTER TREATI.£NT FACILITr. 248.40
38214 BROAIW\Y A"W\RIlS RACLETBALL TRC:FHIES-ADILT RECREATICN. 65.39
38215 BL<XMlIDTCN LOCK & SAFE CO KEYS/PARTS-FACILITIES/UTILITIES. 324.30
38216 BANFF DISTRIBUTIN:7 DIESEL FILL-FLEET SERVICES. 3802.53
38217 E H BCECI<H CO SlBCRIPTICN RENEW\L-ASSESSIN:7 rEP1'. 153.36
38218 BCM\ 1v£.M3ERSHIP DUES-FACILITIES. 750.00
38219 BRALN INTERTEC CORPORATI CN SERVICE-MILLER PARK SKATIN:7 FACILITr. 1220.00
38220 BANDS INDUSTRIES INC SILECCN IECrnTAMlNATICN-PCLlCE IEPT. 131.61
38221 B & S Tcx:LS Sl.PPLIES-UTILITIES DIVISICN. 181.59
38222 NATHAN Bu:K SERVlCE-VULETBAl.L OFFICIAL-FEES PAID. 792.00
38223 BETH ?vO.RLEY BURNETT SERVI CE-SECURITr CA1vERAS CaMNITr CENTER. 72.70
38224 CAPITCL caM.NI CAT I CNS ADA.PTER/CELLLLAR PHCM:S/M\INI'ENANCE 3152.97
CrnTRACT/RADIO REPAIR-POLICE IEPI'.
38225 CATCO CLUTCH ANF TRANSMI SS I CN CLurCH REPLACEMNI'-FLEET M\INI'ENANCE. 1392.91
38226 CENTRA! RE INC M\INI'ENNa.-LI(JDR STORES/FIRE STATICN/ 1391. 58
PLELIC WJRI<:S/EATCN BLm.
38227 CHANHASSEN LA"Wil & SPORTS PARTS-PARK M\I NI'ENANCE. 156.40
2561376
FEBRUARY 6, 1996 VI
38228 CITrBL5INESS PtELI CATI CN-STREET r.EJ?T. 59.00
38229 CO2 SERVICES C02-Ca.MNITY CENTER. 43.01
38230 THE CCLOR CENTER PAINT AND PAINT SU'PLIES-ill'ILITIES. 339.32
38231 CCNNEY SAFETY PRC:l){..CfS SAFETY SLPPLIES-ill'ILITIES. 1419.93
38232 CCNTINENTAL SAFETY EQUIP I~ SAFETY LENS-SAFETY r.EJ?T. 35.29
38233 CCNI'ECH CCNST PRClJLCTS I ~ STORM DRAINiGE EXTEND-PLANT UGCXN RD. 496.76
38234 CCFY CHECK CCFIER REPAIR-Oill'1XXJR. CENTER. 30.00
38235 CORPORATE GRAPHICS CCMvERCIAL I CA Dr SPATCH CARDS-PCLI CE II.PT. 2338.21
38236 CRrSTEEL Dr ST INC ]ACKSTAND AND IiANfLE-FLEET SERVICES. 119.28
38237 CRG\N M\RKIl'G INC BAND STAM? REPAIR. 18.11
38238 CURTIN M4JHESCN SCIENTIFIC INC SLPPLIES-W\TER TREA'Th£NT FACILITY. 256.10
38239 Cill'LER MAGNER CCtvPANr QUI CKLI 1v£-W\TER TREATMNT FACILITY. 6549.67
38240 rnLCO 1vfo\I NI'ENAl\K:E SLFPLI ES-cavM.NTIY CENTLR/ 3104.61
FACILITIES.
38241 Il'\NKO E1v£RGENCY EQUIPMNT CO NECK STRAP/FITTIl'GS/DISCCNNECI' PLIE/ 894.88
INSa..ES/~ DISC KIT/CHINSTRAP/MISC
SLPPLIES-FIRE DEPT.
38242 THE rnRTNELL CORPORATI CN PUBLICATICN-ill'ILITIES. 113.93
38243 UA.YS C<1vMNICATICNS INC SUBCRI PTI CN PCLI CE r.EJ?T. 14.00
38244 DA..VIES W\TER EQUIPMNT CO COUPLING-ill'ILITIES. 43.86
38245 IEALER Aill'ClvOTIVE SVCS I~ RADIO.AD\PI'ER. HARNESS-FLEET SERVICES. 90.53
38246 GARr DrETHELM GRAVE CFENIl'G AND CLOSIl'G. 325.00
38247 Dr REef SAFETY CO ~/GRIPS/SAFETY VEST-ill'ILITIES. 390.63
38248 IELEGARD TaL CO SHCF TCXLS-FLFEI' 1vfo\I NTNENACE. 501.53
38249 rnR DIVISICN OF W\TERS 1995 ANNl.W.. W\TER L5E APPRCl'RIATICN FEE. 10272.00
38250 DrNA SYSTEM> SUPPLIES-ill'ILITIES. 814.56
38251 EASTM\N I<rXW< CCtvPANr CCFIER SERVICE-CITY HALL. 355.80
38252 £UN PRAIRIE CHAM3ER OF CCM£RCE CHAM3ER OF CCM£RCE Ll.NCHECN/ 185.00
PARTICIPATICN IN BL5INESS EDI.L:ATICN
PRffiRAM.
38253 fIEN PRAIRIE FORD TRANMI SSI CN REPLAC.E1v£NI' /MI SC PARTS-FLEET 2218.43
SERVICES.
38254 fIEN PRAIRIE SCHCXL DrST 272 SPECIAL YOill'H TRIP TRANSPOKfATICN/L5E OF 3132.48
GYM SPACE/QU4JrrERLY BILLIl'G OF HlM'\N
RIGHTS AND SERVICES GRANT.
38255 £UN PARIRIE Sa:CER ASSa: REIMRlRSE1v£NT FOR SaxER GQA.L REPAIRS. 199.87
38256 EIEN PRAIRIE TIRE & Aill'O SVC REPAlRS-ill'ILITIES. 106.95
38257 CITY OF EDINA W\TER TESTING-IECEM3ER 95. 230.00
38258 EDINA S W PLl.lvBIl'G ~ REPAIR AT (LV FeLICE STATICN 414.95
W'lSH BAY AREA.
38259 EGGHEAD SOFTW\RE CCtvPUfER SOFTW\RE-CITY HALL. 16066.48
38260 ELK RIVER CCNCRETE PRaJlCTS ~ REPAIR-MITCHELL ROAD LEAK. 396.87
38261 ELVIN SAFETY SLPPLY INC OXYGEN SENSOR/RAIN ]ACKET/BaJI'S/FACEPIECE/ 637.40
MISC SLFPLIES-MTER TREATMNT FACILITY/
CCl\MNITY CENTER.
38262 EM3.EI:I:ED SYSTEM) INC S I RfN 1vfo\I NI'ENANCE. 3894.00
38263 E1v£RGENCY 1v£DI CAL PRCl){.LTS INC ffiFIBLLATOR CARRrIl'G CASE AND PAIlS-FIRE 18.95
OCI!T.
38264 EPISCCFAL CaMNITY SERVICES FOURTH QU4.RTER 95 CC1vMNITI SERVICE. 5933.00
38265 THE EXECill'I VE PRffiRAM PU3LI CAT I CN-FINANCE IEPT. 44.49
6210488
1
-------_. __ .
FEBRtNrr 6) 1996
38266 EXPRESS M':SSEN:iER SYSTEMS IN:
38267 FEED RITE CCNI'RCLS IN:
38268 FEOCRAL EXPRESS CORPORATIrn
38269 FERRELLGAS
38270 FIBRCX:Clvf
38271 FIRE INSTRLCI'ORS ASSN
38272 FIRST BANK NA'T'TCNAT. A,\Scr
38273 VOIV OUT CHECK
38274 FLAGSHIP ATHLETIC CLLB
38275 FLAHERITS HAPPY 'f'YM: CO
38276 FLANIGAN SALES IN:
38277 FLLFILL PLUS
38278 GALAXr COvPUI'ER SERVICES
38279 THE GARrEN BCXl< CLLB
38280 GARDNER HARLMARE CO
38281 GE CAPITAL
38282 GENERAL OFFICE PRaJU:TS CO
38283 GENERAL SAFETY EQUIPM:NT CORP
38284 GETfM4.N COvPANr
38285 G & K SERVICES
38286 G & K DIRECT PURCHASE
38287 GLENROSE FLORAL AND GIFTS
38288 GaXJrEAR CavM:RCIAL TIRE & SYC
38289 Ga'HER STATE mE CALL IN:
38290 GOVERNMNT FINAOCE OFFICERS
38291 GOVERNMNT TRAININ:i SERVICES
38292 GRACELAND GRAPHICS IN:
38293 W W GRAIN:iER IN:
38294 GREENTREE GRAPHIC PRaJU:TS
38295 GlNNAR ELECTRIC CO INC
38296 ALAN HANSrn
38297 MICHAEL HAMILTrn
38298 HARM:N GLASS CaPANr
38299 PETER J HARN6
38300 JIM HATCH SALES
38301 LARRY G HIllARD
38302 1IDR EN} I NEERI N:i INC
38303 HE.NNE.PIN COlNTY TREASURER
38304 HENNEPIN cotNIT TREASURER
38305 HE.NNE.PIN COlM'Y TREASURER
38306 HENNEPIN CotNIY PLBLIC RECORIl5
38307 HENNEPIN TECHNICAL CCLLEGE
38308 D C HEY COvPANr IN:
38309 HOFFERS IN:
38310 HCLCl:7RAPHIC LABEL CalVERTIN:i INC
2213109
POSTPGE EXPENSE-CITY HALL.
CHEMlCALS-'W\T.ER TREATA£Nf FACILITY.
r:.ELIVERr EXPENSE-UTILITIES/PCLICE IEPI'.
PRc:FANF,-CQ\MNITY CENfER.
SERVICE-PCLICE IEPI'.
SUPPLIES-FIRE DEPT.
SAFETY rEPOSIT BOX RENTAL.
FITNESS PROFILE TESTS-Pa...ICE IEPT.
SLPPLIES-LIQtDR STORE I.
ASH URNS-FACILITIES.
COvPUI'ER SLPPLIES-FI NAl'n: IEPI'.
SERVICE CCNI'RACT-FINAlU, IEPI'.
PLBLI CAT I rnS-FORESTRr rEPT.
SUPPLIES-l1J\TER IEPI' /CaMNITY CENTER.
SERVICE-CCFIER SENIOR CENTER.
OFFICE SLPPLIES-UTILITIES/FIRE IEPT.
BALL VALVE-FI RE IEPT.
SUPPLIES LIQLDR STORE I.
LNIFORM EXPENSE-W\TER PLANT/PARKS/FLEET
SERVICES.
LNI FORM EXPENSE-CCMvINITY CENTER/PARK
M\INTENANCE •
SLFPLIES-HLM'\N RESOURCES.
TI RES-FLEET M\INI'ENA1\CE.
SERVI CE a:cE1vBER 95.
GFOA ~ERSHIP APPLICATICN-FINA1U, IEPT.
CrnFERENCf, EXPENSE-F INAlU, IEPI'.
LAMINATE 1vf\PS -UTILITIES.
VI
MI SC SLPPLIES-F ACILITIES/COvM.NITY CENI'ER/
FIRE DEPT/UTILITIES.
FIRE NM£ TPG-FI RE r:EPT.
REPAIRS-FOREST HILLS MRMf1\G HOUSE/
PRESERVE W\RMI 1\G HOUSE.
REI M3URSEJvENI' FOR SCFfW\RE.
SERVI CE-Boor Ha:KEr /BRCXM3ALL OFF I CIAL-
FEES PAID.
I NSTAI..LAT I CN-PARK M\INTENANCE.
SERVICE-BASKETBALL/CFEN GYM-FEES PAID.
Sl-OV PLCW M\RKERS-FLEET SERVICES.
SERVICE-ATTENDANT CFEN GYM-FEES PAID.
CrnFERENCE EXPENSE-UTILITIES.
POSTAL VERI FI CAT I rnS-ELECTI CN IEPT.
PROPERTY CMNER LISTIN:i.
IECEM3ER Rrovf AND BAORD-POLICE IEPI'.
RECORDI N:i FEES.
TRAI NI 1'&-FI RE IEPI'.
M\I NI'ENA1'U: CCNTRACT-F I RE IEPI'.
PAINT-PARK M\I NTENANCE.
EDEN PRAIRIE FIRE LABELS.
101.70
3656.50
259.10
202.43
398.99
73.86
30.00
0.00
1600.00
220.50
2418.00
36.90
45.00
52.53
185.31
134.75
1431.50
140.25
77.00
905.97
1188.94
42.23
934.73
29.75
105.00
98.00
149.21
1092.74
34.65
239.50
370.62
255.00
73.90
92.50
162.67
130.00
45.00
122.64
15.00
2654.50
138.50
1102.20
51.97
202.15
829.40
FEBRU4.RY 6, 1996 VI
38311 J-lCNETI\ELL IN: MVNTENANCE IGREElvENT-UI'ILITIES. 1998.00
38312 ~IN: PARTS-UI'ILITIES. 92.34
38313 HORI:z.rn GRAPHI CS IN: JAN/FEB CaMNITY NE~. 4562.95
38314 HOSP SLPPLT SCIENTIFIC PROO SLPPLIES-'WITER TREATMNT PLANT. 51.69
38315 lNACCM C~ICN KEYBOARD REPLACEMNf-HlM\N RESOURCES. 118.76
38316 INFRATECH MH LINER -UTILITIES. 348.52
38317 I NSTY-PRINTS PRINTI1£ EXPENSE-PCLlCE rEPr. 63.74
38318 INTERFACE SUBCRIPTI~UTILITIES. 135.00
38319 INTERSTATE IETROIT DIESEL IN: CARTRID3E AND AI.N\PI'ERS FOR PRCLINKE-FLEET 488.87
SERVICES.
38320 Jf\CKSCN HIRSH IN: OFFICE SLPPLIES-UI'ILITIES. 204.94
38321 GLENN JaiNSCN REFUID-SLPPLIES FIRE IEPT. 16.24
38322 JERRY' NEWl.f\RKET M:ETI1£ EXPENSE-FIRE rEPr. 50.72
38323 CRAIG JERIE SERVlCE-ATf£NIl6m'-FEES PAID. 25.00
38324 CHRI S JESSEN SERVlCE-BRCXM3ALL OFFICIAL-FEES PAID. 157.50
38325 JaJNSCN CCNTRCLS REPAIRS-CaMNITY CENTER. 4060.00
38326 IT ]aJNSCN PORTABLE RADIO SPEAKER MICRa?HCN:S-PCLlCE 1234.34
IEPT.
38327 KINKOS F AMI LT CARE B<XI<LETS/CCI?IES-CaMNI'IT 1382.27
IEVEUFMNT /CI'IT HALL.
38328 LI SA KUX:1\ZEIM SERVlCE-1ULEY.BALL OFFICIAL-FEES PAID. 506.00
38329 ]C£L KLUTE INTERNSHIP. 200.00
38330 .K!XX SlLFER PRCVl..CTS StLFER-'WITER TREATMNT FACILI'IT. 438.83
38331 KRI S KRa\ECH TRAINI1£-SAFE'IT rEPr. 101.21
38332 LAB SAFE'IT SLPPLT RED MSDS BINIERS-SAFETY r£PT. 96.72
38333 LAKE CotNl'RY IXDR REPAI RS TO IXDR IJ EATCN BLD3. 422.86
38334 LAKE REG I CN MlI'rnL AI D ASSOC IXLS-FIRE rEPr. 10.00
38335 LAKE REGI CN VENDI 1£ SLPPLIES-LIQLDR STORES. 2282.85
38336 LAKELAND IN: I M'ROVE1v£NTS TO fIF.N PRAI RIE 'M'\RKET 172382.50
CENTER.
38337 LAKELAND FORD TRUX SALES IN: PARTS-FLEET SERVICES. 139.94
38338 LM£'ITRYS CCLLI SI CN ACCIIENT .IlA.M'GE REPAIR PIJRCL CAR. 1225.35
38339 LANDS END CORPORATE SALES tNIFORM EXPENSE-PCLICE rEPr. 291.45
38340 LAN:i PAtLT & GREGERSCN LTD LEGAL SERVICES-PRQSECUI'ICN $8716. 52/'fEM6IN 8817.12
LAND M..5ICLAND $100.60.
38341 GREG LARSCN SPORTS vaLEYBALL SETS-RECREATICN rEPr. 578.96
38342 LEPGLE OF 1vff NNESOfA CITIES PUBLI ClUI CN-CITY HALL. 107.00
38343 LISA LETO INTERSHIP. 200.00
38344 LIGHT IM?RESSICNS SLPPLIES-HI STORI CAL IEPI'. 299.58
38345 ELLEN LILL SERVICE-BASKETBALL OFFICIAL-FEES PAID. 51.00
38346 DAVI D LI NIlAJH.-1vff LEIGE-CaMNITY IEVEUFMNT. 12.04
38347 LOCATOR AND 1vCNITOR SALES BATTERIES AND BATI'ERY SIJ?PLIES-UTILITIES. 394.73
38348 LOFFLER BUSINESS SYSTEMS IN: S LPPLIES-CClvMNITY IE\l.ELCJ?1vENT / 526.12
AI:MI NSTRATI CN.
38349 Ll..NDS M:ETI1£ EXPENSE-FIRE IEPI'. 10.54
38350 M6CQ{.EEN EQUIPMNT IN: REPAIR PARTS-FLEET :M\INI'ENANCE. 1969.08
38351 M<\RSHALL AND SMFT PUBLIClUICN-ASSESSI1£ rEPr. 159.95
38352 . VCi)IV OUT CHECK . 0.00
38353 M<\SlLN CCMJANr LTX GLOVES/BATTERY/PCLT PRCBE TLBI1£/ 991. 80
RESTRAINT/SLIP CN WUST CCMJRESSICN/SIGNS/
TAPE/CHARCQAJ., TRAP 1vf\T-'WU'ER TREATIv£NT
FACILITY.
20720651 q
FEBRU4.RY 6 I 1996
38354 MA.SYS CORPORATICN
38355 M4.TTS AUI'O SERVICE IN:
38356 ~ -PRINT IN:
38357 CARa. lvOvCNIGAL
38358 NETRD CHIEF FIRE OFFICERS ASSOC
38359 NETRD PRINTlNi IN:
BLACK MTCH TAPES-PeL I CE IEPT.
TCMU.r; SERVI CES-FLEET SERVI CE.
N:R SHEETS/LE'ITERH£AD/LOCKOUI' FORM>/
REGISTRATICN CARIlS/MRNlNi TICKET Ba:K5-
PCLI CE IEPT.
GRANT PERF~.
1996 ANNl.W.., DI.£S.
REFltID EXCESS IN FltID 81 FOR NETRD
PRINTlNi.
NETRD AREA MiMl' ASSCX: 1996 M4.M\ 1vEM3ERSHIP ru:s.
NETRa'CLITAN COl.NCIL w\sTEW\TER S SERVICE FOR FEBRUAJrr 1996.
VI
38360
38361
38362
38363
38364
38365
NETRCFCLITAN NECHANlCAL FURNISH AND INSTALL TRANE CCNSENSlNi WIT.
38366
38367
38368
38369
38370
38371
38372
38373
38374
38375
38376
38377
38378
38379
38380
38381
38382
MI D-.M£RI CA PCMER DRIVES HYDRATOR COLPLERS-FLEET M\INf'ENAlU,.
MIILAND EQUIP1vENT CO PlPES-UI'ILITIES.
MINiER CCNSTRLCTICN IN: ~ W\.TERM\IN REPAIR-BASSwro
MINNESOTA BLI.EPRINT
MI IMEST Ccx:A CCLA BTLG CO
MIIMEST ~HlNERr IN:
MI NOCaM PIGI Ni
M'LS AREA ASSOC OF REALTORS
MINLfi'E.M4.N PRESS
W ANIM<\L CCNTRCL ASSN
MINNESOTA BUSINESS FORMS
1vN COOW\Y FIRE & SAFETI
MI NNESOT A A4'\TORS ASSOCI AT I CN
MINNESOTA SLN PLl3LlCATICNS
1vN RURAL 'W\TER. ASSCX:
W TRCFHIES AND GIFTS
ANNE MEN! Ni
Wvf MELLF.R & SCNS IN:
JOCI... MlRPHT
l\.£NARIl5
TCMNHCM:S.
BLLEPRINTS-ENilNEERINi IEPT.
SLPPLIES FOR RESALE.
JACJ<HA1I.M:R-FLEET SERVICES.
PPGER SERVICE FOR JANU4.RY.
PLBLlCATICN-ASSESSlNi IEPT.
PRINTlNi-CCl\M.NITI CENTER ICE SKATlNi
PRffiRAM.
1996 A£M3ERSHIP .DLES.
OfFICE SU'PLIES-CITI HALL.
RECHAR:iE DRY CHEMI CAL-F IRE rEPI'.
1996 ANNl.W.., 1vEM3ERSHIP DLES.
EWLOr'MNI' AnS-HlM\N RESOURCES.
CONFERENCE EXPENSE-UI'ILITI DIVISICN.
PLAQLE-PCLlCE rEPT.
SERVlCE-SP EVENT-FEES PAID.
GRAVEL-STREET rEPT/PARK M\IN'I'ENAl'K:E.
SERVlCE-BRCX:M3ALL OfFICIAL-FEES PAID.
PAINTlNi SLPPLIES/TCXLS/CABlNET HARIW\RE/
STLDS/CARBCN MNJXIIE IETECrOR/M\ILBQXS/
MISC SLPPLIES-STREETS/FlRE rEPI'/PARK
MUNI'ENAN:£/FLEET SERVI CES •
38383 MbLYNN BAKERIES IN: l'v£.ETlNi EXPENSE-SR CENTER!YOUI'H REe/
UI'ILITIES.
38384 MbLYNN BAKERIES IN: l'v£.ETlNi EXPENSE-CaMNITI CENTER!
UTILITIES/PeLlCE rEPI'.
38385
38386
38387
38388
38389
38390
38391
38392
38393
NATL INFORM\TICN OfFICERS ASSOC 1996 1vEM3ERSHIP DlES.
NATIaM.IIE ADVERTISlNi SERVICE IN EWLOYM'Nf AnS-HLM\N RESOURCES.
NRPA 1'VRI'HEAST SERVICE CENTER SLPPLIES-PARK AND REC IEPT.
NORTHERN SLPPLIES-STREET IEPT.
NEBCO EVANS DlSTRIB SU'PLIES FOR RESALE-CCl\MNITI CENTER.
CLSEN CHAIN & CABLE CO IN: RACHET BINLER-UI'ILITIES.
PARROTT CCNTRACTI Ni W\TERM-\IN REPAI RS .
THE MlSICLAND GROlP IN: ERNEST M:NEY REFUID FOR NEDIA PLAY SITE.
PEPSI CCLA CO SLPPLIES FOR RESALE-YOUI'H REe.
25500556
/0
15.98
320.50
2399.02
50.00
60.00
22.96
25.00
207811.00
6815.15
165.83
34.52
1626.00
119.57
245.00
2023.50
74.46
151.23
18.69
25.00
103.75
536.46
20.00
101.15
75.00
54.90
75.00
1409.88
122.50
412.46
113.76
20.70
50.00
1230.33
10.00
188.47
326.25
306.29
2658.00
25000.00
187.25
FEBRU\RY 6, 1996 VI
38394 PINNACLE DISTRIBUTING SU'PLIES-LIQLDR STORES. 397.10
38395 PLYMJW.'H PLlMH ID REFLtID-PLLM3IID PERMlT. 150.65
38396 POKfICO CaPUJ.'ERS II IOC CCM'UfER SLPPLIES-FINAOCE IEPI'/POCICE 624.07
IEPT.
38397 PERSrnNEL IECISICNS Il>l: POSITICN PRCFlLES REVISED AND PRaJll:ED-240.00
Hl.M4.N RESOURCES.
38398 PRAI RIE LAViN & GARrEN TRIMvERS/SHCP SLPPLIES-FACILITIES/PARK 660.48
M\INTENA?a .
38399 PRAI RIE ELECI'RI C CaPANY I l>l: RDiIRE PePCORN PePPER/RESET TIlvE c:ur.K/ 2774.21
REPLACE DLl?LEX RECEPTACLE REM RE M\I N
OFFICE/REPAIR EXTERIOR CHRISTM\5 LIGHTS/
INSTALL W\LL HEATER/REPAIR DH"WID SYSTEW
REPLACE \u"T BALlASTS/REPAIR HEATER-PARK
M\INI'ENAN:E/CCMvlNITY CENTER/FACILITIES.
38400 PRAIRIE OFFSET PRINTING REPAIR REQ..£ST FORM)/RETURN ENV£LCFES/ 656.46
HOv£STEAD APPLI CAT I eNS-ASSESS I NG/FI RE
IEPI' .
38401 PRECISleN BUSINESS SYSTEM) IOC M\INfENAOCE PGREfMNC' FOR FAX EQ1IPMNI'-265.00
UTILITIES.
38402 PRINTERS SERVICE INC REPAIRS-CQ\.M.NITY CENTER. 101.50
38403 PROFESSICNAL TRA\.£L CENTERS IOC CCNFEREOCE EXPENSE-FIRE rEPI'. 465.00
38404 PRa50URCE FITNESS PEIl'\L CHAIN-CCMvlNITY CENTER. 16.72
38405 QU\LITI VJ\STE CCNfRa... INC GARBPGE SERVICE-LIQtDR STORE II/W\TER 530.26
PLANf/COM.NITI CENTER.
38406 PRESERVE REXALL IJR..tG SU'PLIES-LIQLDR STORE I I • 5.42
38407 RAINBCMI FCXDS lv£.ETING EXPENSE-CITI HALL. 46.10
38408 RED MNG SHOE STORE tNI FORM EXPENSE. 5011.52
38409 REHBEIN INC 1995 LH£ RES I.lJ!:1'\L REMJVAL. 80573.68
38410 ROTA C/O RI CK. IENNESeN 1996 R.O.T.A. MEMBERSHIP DUES. 100.00
38411 RESOCVE TRAINING EXPENSE-CITI HALL. 150.00
38412 RCLLINS OIL CO GASOClNE-FLEET SERVICES. 6731.15
38413 ROTTLLND REIM3URSE FOR DLl?LlCATE PERMITS-PERMeT 154.25
#12091 AND #12065 RECEIPT #63448 AND
#63325.
38414 RI CM\R INDUSTRIES NffRCLE NELT-FACILITIES. 443.08
38415 RaJI'-(}-1vl'\TIC SEV£R SERVICE MTER JETTING GARAGE SAND LINES. 1125.00
38416 R & R SPECIALTIES Il>l: Sl'UV BREAKER-CaMNITY CENTER. 78.17
38417 RITZ CAl\£RA FILM AND FILM ffiVEUl?IN3-CCMvlNITCATI CNS • 81.61
38418 RIlFFRIWE JCHNSCN EQUIP1vENI' CO Sa..ENOID VAL \IE-FLEET M\INI'ENAN:E. 915.80
38419 VOW OUT CHECK 0.00
38420 SAMA.RITAN TIR CO INC TRI..l:K INNER TLBES-FLEET M\INI'ENNU.. 89.46
38421 DIANA SCHEFF GRANT PERF~. 100.00
38422 SAOCO IOC M\INTENAN:E CLEAN! ID Sll'PLIES/GARB/G£ 2715.94
BPGS.
38423 RCNALD SCHW\RTZ SERVlCE-\U..LEYBALL OFFICIAL-FEES PAID. 594.00
38424 SHIELY CCM?ANY CRUSHED PGGREGATE-PLBLIC WJRl<:S rEPT. 134.52
38425 W GORIXN SMITH CO FLFL-FLEET SERVICES. 572.18
38426 SNAP-CN TCXLS CORPORATIOO IWACI' GLN-FLEET SERVICES. 594.05
38427 SNAP-CN TOOLS CORPORATI CN SHCl? SLPPLIES-UI'ILITIES/FLEET M\INI'ENAN:E. 259.98
38428 SNrIER DRtG SUPPLIES-YOUTH REC. 18.47
10737583
1/
FEBRUARY 6, 1996 VI
38429 THE SPECTACLE SHCPPE 1M:: SAFETY EYEVJ\RE-F I RE IEPI'. 106.00
38430 SOUI'HDALE J:"A.CA FOURI'H Ql.W{l'ER 1995 OCTACHED \iDRK PRffiRAM. 6250.00
38431 SOUI'fMEST FIRE J..E..4GLE 1996 NEMBERSHIP DUES. 50.00
38432 SOUl'I-MEST SLI3URBAN PLI3LISH 1M:: LEGAL ADVERTISIN:i-CITY HALL ADVERT I S lID 999.20
LIQtDR STORES.
38433 SOUl'fMEST SLEURBAN PLBLISH 1M:: EM?LOnvENI' AD-ffi.MA.N RESOURCES. 33.00
38434 SPS Ca-PANIES BALL VALVE-FLEET M\INfENANCE. 131.76
38435 STATE SLFPLY CO PARTS-MTER TREATlvENI' FACILITY. 256.79
38436 SSPC NORfH CENTRAL REGI CN LOCAL CHAPTER DUES-UTILITIES. 100.00
38437 STAR TRIBLNE SI..Nn\Y PAPERS FOR RESALE. 21.90
38438 SPECIALITY TECHNICAL P1J3LISHERS I SIJ3CRIPTICN-UTILITIES. 294.00
38439 SOUl'H TCMN REFRI GERATI CN 1M:: REPAI RS TO W\LK IN Cc:u.ER LI QLDR STORE I. 418.99
38440 ST PAIL BCXK & STATICNERY CO SLPPLIES-COIMNITY CENfER/CITY HALL. 118.07
38441 STANDARD REGI STER CO SERVI CE PGRE.EM:.NI'-FI NANCE. rEPI'. 768.00
38442 VOIV OUT CHECK 0.00
38443 SLI3URBAN CHEVRCLET PARTS-FLEET MU NI'ENANCE. 35.23
38444 SLLLIVANS UTILITY SERVICES 1M:: CLEAN StM AND DI SPClSE Of VJ\STE-PLELI C 224.86
OORKS BLIE.
38445 SLPERI OR FORD TRANMI SSI CN REPAI R-FLFLT M\INI'£.NNU,. 1360.69
38446 SU'ERIOR PRaJIrI'S M'G CO M\INI'£.NNU, SLPPLIES-LIQLDR STORE I. 114.38
38447 SWlLl.ND SEPTIC SERVICE PLWED HCLDIID TANK-PARK MUNI."ENAN:E. 95.00
38448 SYSTECH SERVI CES CCM'UTER EQUCPM:NT AND INSTALLATICN-7050.32
PCLI CE DEPT.
38449 TARGET STORES SexCER NET AND GG\L-COvM..NITY CENTER/GIFT 266.54
CERTIF I CATES-SAFETY IEPI'-cux:KS FOR
AARMCID fVUSES-IvOLl$E PADS CITY HALL.
38450 TKDA & ASSex 1M:: PROFESSICNAL SERVICE WLL-WLL HOUSE AND 11000.00
BUS SHELTER.
38451 TKDA & ASSex 1M:: PROFESS I CNAL SERVICES ENTRANCE ROAD 189.06
MDIFlCATICNS •
38452 TCMN AND CO£..M'RY IXmE TLBE SLPPLY-FLEET SERVICES. 109.91
38453 TRLCK UTILITIES M'G CO AIR Ca-PRESSOR REPAIR-FLEET M\INI'ENAM::E. 560.90
38454 'OON CITY OXYGEN CO OXYGEN/ ACE.TYLEN£/F ACE SHIELD/HEAmEAR/CCY2/ 471.21
NITRffiEN/OXTGEN/CLEANIID KIT/CUTTIN:i TIP/
CARBCN DI CLIrE LI QillF IED/TLEE-FLEET
SERVICES/FIRE DEPR/UTILITIES.
38455 'OON CITY VACULM REPAIR PARTS FOR VACULM. 31.79
38456 LNLIMlTED SU?PLIES 1M:: NUTS AND BCLTS-FLEET M\1NI'£NANCE. 164.56
38457 UNITED LABORATORIES 1M:: IETERGENT-W\TER PLANT. 206.68
38458 LNlVERSITY OF FLORIrn PLI3LlCATICNS-EN:ilNEERIID DEPT. 130.00
38459 URBAN MLU,IFE 1vftW4GE1v£NI' 1M:: FEBR.U\RY IEER RDvDVAL. 3910.00
38460 VOSS LIGHTIN:i LIGHTIN:i SLl?PLIES -CClvM.NITY CENTER/PARK 363.79
M\I N'I'ENA'M:E.
38461 VIDEO SERVICE OF MvERICA VHS TAPES-CavMNI CAT I CNS • 271. 89
38462 W\RREN GORHAM AND LAMN.l' PLI3LlCATICNS-UTILITIES DIVISICN. 347.40
38463 VJ\STE lvGMl' SAVPGE GARBPGE SERVICE FOR JANUARY LlQUJR STORE 103.96
1.
38464 WU'ERPRO P~TIC ROO SEAL/PVC CAP AND TEE.S/SE\1ER 6313.48
PlPE/RfLf.ASE VALVE/~R CHAN3EOUl'/CLAM?S/
COlPLIN:iS/GASKET /MXNfI N:i BRACKET-
UTILITIES DIVISICN.
4280469 J~
FEBRUARY 6, 1996
38465 W\TER SPECIALTI OF Mf-IN:
38466 JOEL V£STACOIT
38467 ViESTS I IE EQ.1l P1vENI'
38468 W:lEELER HARI:W\RE CO
38469 LOIS MLIER
38470 D\VID MLIAM>
38471 MNZER CORPORATI CN
38472 V£STWXlJ PROFESS I CNAL SVCS
38473 WJLF III
38474 OORIFERFECT FOR MN1:XM5
38475 OORD PERFECT M4GAZI N£
38476 ~DMIE GM£S
38477 BEV \mLCK
38478 ZACKS IN:
38479 Z££ 1£DI CAL SERVI CE
38480 ZEP M<\NUF ACTURI N:i CCM'ANY
38481 ZIEGLER IN:
22000 1vN IEPART1vENI' OF REVENLE
22000 1vN IEPARTMN.r OF REVENLE
22000 1vN IEPARTMN.r OF REVENlL
22000 1vN IEPARTh£NT OF REVENlL
22000 1vN IEPARTMN.r OF REVENLE
44000 1vN IEPT OF REVENlE
11000 ~T
11000 NATICNAL CITI BANK
11000 FIRST TRUST
11000 FIRST TRUST
11000 FIRST TRUST
34409 VOL D our CHECK
34410 VOID our CHECK
37054 VOID our CHECK
37128 VOID our CHECK
37342 VOID our CHECK
37477 VOID our CHECK
37612 VOID our CHECK
37632 VOID our CHECK
37741 VOID our CHECK
37810 VOID our CHECK
37843 VOID our CHECK
37958 VOID our CHECK
230978047
IN:
CALeI LM HrPOCfH.1)R1TE/LEAF RAKE-CCl\M.NITI
CENTER.
VIrEO SERVlCES-CI'IT HALL.
REPAI RS-PLI3LI C WJRKS.
V£LL HOUSE STEEL InJRS.
VI
SERVlCE-\mITIN:i INSTRtrI'OR SENIOR. CENfER-
FEES PAID.
GRANT PYMl' PERF~.
STcx:K SI-D? SLPPLIES-FLEET SERVICES.
SERVI CE MITCHElL RD AND ANIERSCN LAKES
PI<Mr PROJECT.
TEAM EM'~ ASSESS1vENI'-LH'ILITIES.
RENEW SLl3CRIPTI CN.
SLBCRIPTICN-PLELIC WJRKS.
SLPPLIES-yourH RECREATICN.
MlLEPGE-COvM.NITI CENTER.
SLPPLIES-PARK M4JNTENNU..
FIRST AID SLl'PLIES-PARKS/LH'ILITIES/FLEET
MVNTENNU..
MVNTENNU. SLPPLIES-LIQtDR STORE I.
PARTS-FLEET SERVICES.
PAYRCLL 12-22-95.-.
PAYRCLL 12-29-95.
PAYRCLL 1-5-96.
PAYRCLL 1-19-96.
u:c SPECIAL FlLL TAX.
u:c 95 SALES TAX.
BCND PATh£NTS.
BCND PATh£NTS.
BCND PATh£NTS.
BCND PATh£NTS.
BCND PATh£NTS.
13
352.61
722.13
287.63
1350.00
180.00
50.00
204.22
467.50
379.50
24.00
79.95
254.76
26.74
140.58
242.90
40.42
181. 76
18229.39
6783.21
5925.13
17589.86
923.20
61278.00
769437.50
32022.50
825796.51
506410.00
67392.22
100.00-
100.00-
8.00-
2973.00-
109.96-
300.00-
1227.70-
150.00-
18.07-
60.00-
1745.02-
200.00-
$3593651.30
DATE: 02/06/96
EDEN PRA1RIE CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
ITEM NO: YlL A
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Street Name Change
Jim Richardson
Recommended Action:
Recommend Council name the frontage road paralleling County Road 18.
Overview:
Three properties had been addressed from County Road 18. Present construction of a service
! road or frontage road will eliminate connection of driveways to County Road 18. Presently the
service road is constructed from Riverview Road northward to Pioneer Trail and with the final
phase of construction will connect to Anderson Lakes Parkway. Upon completion, the frontage
road needs to be named.
Primary Issues:
The Historical and Preservation Committee (HPG) recommendation is to name to road
"Hennepin Town Road". An alternative is "West Frontage Road".
Staff has contacted the three affected property owners and their responses are:
1. Ms. Evelyn Monson (10240 Co.Rd. 18) was non committal with either name
proposal.
2. Ms. Kate Halverson (Touch of Class -10280 Co.Rd. 18) is in favor of naming
the road "West Frontage Road".
3. Mr. Phillip Bly (10720 Co.Rd. 18) favors Hennepin Town Road
Staff is unaware of any conflicts with either str~t name choice.
I
----------------------
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
BE IT ORDAINED by the Eden Prairie City Council that the service/frontage
road paralleling County Road 18 from Riverview Road to Anderson Lakes
Parkway shall be named:
FIRST AND FINALLY READ at a regular meeting of the City Council of the
City of Eden Prairie on February 6, 1996.
ADOPTED by the Eden Prairie City Council on February 6, 1996.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
TOUCH
January 8, 1996
Jim Richardson
Dept. of Engineering
City of Eden Prairie, MN 55344-2230
Dear Jim,
OF CLASS
INTERIOKS 11n
We approve of the name West Frontage Bopd for an address change. Our reasons
for supporting your selection are:
1. It is more accurately descriptive of what the road is:
A frontage road on the west
2. We, as a business, have a lot of deliveries and regular shipments.
West Frontage Road is an easily identifiable name for wh~t tho area is.
3. To our knowledge, the southwest quadrant of 1118 and Hi is
commercial use and the road name should relate.
We do not support the name Dream Catcher Blvd. Thank you for your consideration to
our request.
Sin,y,
,;yat<-a-v:( &~/~f/~~-.a-,0-____ "
Ka~ and Craig Halverson
Touch of Class Interiors. Ltd.
J0200 COUNTY ROAD 16 • t;l».:N PllAlflE, MN ~!j347 • PllONE: «,12) 1,>4.1.:~m!;{ • FAX: (612) 04.1-30~H)
3
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DEPARTMENT: HR ITEM DESCRIPTION: 1st. Reading of an
Ordinance Amending City Code Chapter
2, Sections 2.10, 2.16, 2.21 and 2.29
DATE:
February 6, 1996
ITEM NO. VII B
Requested Action: Approve 1 st reading of Ordinance amending City Code Chapter 2 by
amending Section 2.10 changing term of office dates, and amending in its entirety Section 2.16,
Subd. 1 & 2 changing title and duties, and renumbering Section 2.21 as Section 2.29, adopting a
new Section 2.21 establishing a Housing, Transportation and Social Services Board, and adopting
by reference City Code Chapter 1 and Section 2.99.
Background: The modifications to Chapter 2, are based on the decision made by City Council
in spring 1995 to restructure the Human Rights and Services Commission into two new bodies: the
Human Rights and Diversity Commission (rev. Sec 2.16) and the Housing Transportation and
Social Services Board (new sec. 2.21).
The modifications to Section 2.10 reflect the City Council's requesting of staff to change the term
of office for Commission appointees from March 1 through the last day of February to April 1
through the 31 st of March.
To accommodate these and any future modifications Section 2.21 Municipal Cemetery was
renumbered to Section 2.29.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE
CHAPTER 2 BY AMENDING SECTION 2.10 BY CHANGING TERM OF OFFICE DATE, AND
AMENDING IN ITS ENTIRETY SECTION 2.16, SUBD. 1 & 2 BY CHANGING TITLE AND DUTIES,
AND RENUMBERING SECTION 2.21 AS SECTION 2.29, ADOPTING A NEW SECTION 2.21
ESTABLISHING A HOUSING, TRANSPORTATION AND SOCIAL SERVICES BOARD, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 wmCH AMONG OTHER
THINGS CONTAINS PENALTY PROVISION.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1.
Section 2.
City Code Chapter 2, Section 2.10 is amended by deleting March land inserting the
date April 1 and by deleting the words "the last day of February" and inserting the
words "March 31" all on line six thereof.
City Code Chapter 2, Section 2.16 is amended in its entirety as follows:
SECTION 2.16. HUMAN RIGHTS AND DIVERSITY COMMISSION.
Subd. 1. Establishment and Composition. A Human Rights and Diversity Commission,
composed of seven (7) members, is hereby established for the purpose of securing for all
citizens equal opportunity in employment, housing, public accommodations, public services
and education and full participation in the affairs of the City by developing local programs
and assisting the Minnesota Department of Human Rights in implementing State laws against
discrimination. Commission members shall serve staggered three (3) year terms.
Subd. 2. Duties. Duties of the Human Rights and Diversity Commission are to:
A. Adopt bylaws for the conduct of its affairs.
B. Perform the responsibilities assigned to it in any current work share agreement which
it has entered into with the State Department of Human Rights.
C. Enlist the cooperation of agencies, organizations and individuals in the community
in an active program directed to create equal opportunity and to educate the
community in order to eliminate discrimination and inequalities.
D. Advise the Mayor, the Council and other agencies of the government on human
relations and civil rights issues and problems. Act in an advisory capacity to the City
on issues of diversity, civil and human rights. Recommend the adoption of specific
policies of actions as are needed to ensure equal opportunity in the community.
E. Advises the City Council on community issues related to the Americans with
Disabilities Act and reviews and investigates alleged violations submitted to the City
via the ADA Grievance procedures as adopted by City Council on March 8, 1994.
F.
G.
Section 3.
Section 4.
Provide a forum for all citizens to express ideas concerning human rights and
diversity within the community.
Advises the City Council on community issues related to the American with
Disabilities Act and reviews and investigates alleged violations submitted to the City
via the ADA Grievance procedure as adopted by City Council on March 8, 1994.
The City Code is amended by renumbering Section 2.21 as Section 2.29.
The City Code is amended by adopting Section 2.21 as follows:
SECfION 2.21. HOUSING, TRANSPORTATION AND SOCIAL SERVICES BOARD.
Subd.1. Establishment and Composition. A Housing, Transportation and Social
Services Board, composed of seven (7) members who shall be residents of the
City, is hereby established for the purpose of integrating housing,
transportation and social service planning efforts and resources to ensure that
citizen needs are considered and adequately provided for and to advise the City
Council on long-range strategies and programs appropriate.
Subd.2. Duties. The duties of the Housing, Transportation and Social Services
Board are to:
Section s.
Section 6.
A. Integrate the planning of development projects (including housing
for low and moderate incomes, senior housing and care facilities,
child care facilities) with a human service perspective.
B. Ensures that human service needs and delivery systems are
considered in the planning for future land uses, zoning changes and
HUD projects.
C. Maximize the use of City funds and special funding (Community
Development Block Grant, Tax Increment Financing, Section 8 and
Lawful gambling proceeds) to meet social service needs and
minimize the role of the City as a direct funder of services.
D. Identify transportation issues and develop and coordinate resources
to meet transportation issues.
E. Ensure that human service planning for the South Hennepin region
reflects Eden Prairie community needs and interests through
representation to the South Hennepin Regional
Planning Agency.
F. Identify and develop programs, services and resources to address
special population needs. Provide for annual evaluation to ensure
appropriateness and cost effectiveness.
City Code Chapter I entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation
a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
This ordinance shall become effective from and after its passage and publication.
------------------------------
First read at a regular meeting of the City Council of the City of Eden Prairie on the day
of , 1996, and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the day of , 1996.
City Clerk Mayor
Published in the Eden Prairie News on the ___ day of ______ , 1996.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: February 6, 1996
SECTION: PETITIONS, REQUESTS &
COMMUNICATIONS
ITEM NO. -mLf\
DEP ARTMENT: ITEM DESCRIPTION: City Council Appeal of Variance
Community Development # 95-31
Chris Enger
Scott Kij>1!
Requested Council Action:
The City Council is requested to set a date to hear an appeal regarding the Board of Adjustments
and Appeals' denial of Variance # 95-31.
Staff recommends the City Council establish March 12, 1996 as the public hearing date to review
the variance appeal.
Background:
The Board of Adjustments and Appeals continued this variance on October 12, 1995, and again
on November 9, 1995, with final review and action on January 11, 1996. The issues discussed
were: neighbors variance, living space impacts, steep wooded slope, neighborhood consistency,
and insufficient hardship.
The Board's motion to approve variance # 95-31 failed on a 3-3-0 vote.
Supporting Documents:
1. Letter requesting review of Board's decision dated January 24,1996.
2. Board of Adjustments and Appeals Staff Report.
3. Proponent's variance request information.
4. Minutes for November 9, 1995 Board of Adjustments and Appeals meeting.
5. Unapproved minutes for the January 11, 1996 Board of Adjustments and Appeals
meeting.
I
January 24, 1996
City of Eden Prairie
Scott Kipp
Community Development
8080 Mitchell Road
Eden Prairie, MN 55344
The Mayor of Eden Prairie and Eden Prairie City Council,
I respectfully request you overturn a 3 to 3 vote by the Board of Appeals on a variance
I asked for recently.
My neighbor and I both wanted to add third stalls onto our garages. I was out of town
on business when the fIrst request was submitted. He got the approval to build his garage two
feet from my property line. When I went before the Appeals Board they had a split decision
of 3 to 3 for approval. A tie means I can't proceed with plans to add a third stall, even though
I was asking for only a 41/2 ft. variance.
I would very much like a chance for my builder and myself to tell you the details of the
addition at your next meeting.
Thank you for your time,
;:f+
BOARD OF ADJUSTMENTS & APPEALS
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
949-8485
STAFF REPORT
VARIANCE #: 25-31 MEETING DATE: October 12. 1995
and November 9, 1995
APPLICANT: Tom Morgan
LOCATION: 10 160 Phaeton Drive
REQUEST: To 12ermit a garage addition 5.5 feet from the side lot line (~ode reguires
10 feet). (continued item. Please note unapproved minutes for history.)
ZONING DISTRICT: R1-13.5
AREA CHARACTER: Single family homes with double and triple garages built in the
mid to late 1980's.
BACKGROUND: A 5 foot utility easement exists along the side lot line. The proposed
addition will not encroach into the utility easement.
The 9 foot wide garage addition will be 30 feet from the front property line.
APPLICANT'S STATED HARDSHIP: Garage cannot be extended out the back due to
living space. The backyard is steep and wooded.
OPTIONS: 1) Construct a garage 8 feet wide so a 6'6" setback is maintained, 2) add a
parking stall area beside the garage.
ACTION: The Board may wish to choose from one of the following actions:
1. Approve Variance Request #95-31 as submitted.
2. Approve Variance Request #95-31 with conditions.
, 3. Continue Variance Request #95-31 if additional information is
needed.
4. Deny Variance Request #95-31.
BARB\JEAN\REPORTS\y:531
September 14, 1995
Thomas and Denise Morgan
10160 Phaeton Drive
Eden Prairie, MN 55347
Board of Appeals Members
City of Eden Prairie
City Offices
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Dear Board Members,
We are asking your support in granting a variance so we may build an attached third car stall
to our existing attached two car garage.
We are asking fo~ variance so we may build an attached third car stall which would require
us to build up to, feet 6 inches from our property line. If granted, this third stall would be 9
feet in width and 24 feet in length.
1. When we built our home 9 years ago, we did not realize that most houses would be built
with 3 car garages in the neighborhood. We were the 5th house build and all house built
after ours now has 3 car garages.
2. We have analyzed the property thoroughly and have exhausted any other reasonable
alternatives to gaining more garage space. It is not economically feasible to extend the
depth of the garage as there is a family room directly behind the garage. The home is
place on a lot in such a fashion which makes it difficult to add on without a variance being
granted by the city.
3. The addition of an attached third stall would be keeping within the character of the area.
4. Due to the setback and the angle of our homes, the third stall would not be visually
obtrusive.
5. If approved, there would be approximately 25 feet between our garage and our neighbor's
garage.
6. Our neighbor is not opposed to this variance request. (Refer to attached letter.)
4
7. Should this variance request be approved, the third stall would match the existing exterior
and be aesthetically pleasing as an integral part of the home. (Refer to attached
architectural plan.)
8. If a variance is not granted, we would have to move to another property which is better
suited for three cars along with the necessary lawn and garden equipment.
9. Moving would cause our family endure significant negative financial impact and emotional
hardship. We have 2 young girls who love to play in the woods behind our house. We
enjoy all the wildlife, birds, squirrels and deer that we see all the time.
10. A professional real estate agent made note of the 2 car garage in the real estate appraisal
and said "It will definitely hinder your ability to sell your house with only a 2 car garage,
the house next door took over a year to sell because there wasn't a 3rd car garage. The
home was big enough for a large family, but lacked garage space.
11. Our family is very involved in the community. Our girls participate in fast pitch softball
and basketball programs and we would hate to disrupt their progress by moving to another
area.
In closing, we would like to thank you all for your time. We take a great deal of pride in
Eden Prairie and believe this variance, if granted would help to I increase our property value,
provide more tax dollars to the community and provide our neighborhood with stronger home
values.
Best regards,
5
David and Carol Graff
10178 Phaeton Drive
Eden Prairie, MN 55347
September 10, 1995
Board Members
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
To whom it may concern,
We have reviewed the Morgan's variance request and plans to build a
third car garage, and we are in support of their efforts.
Sincerely,
~~
Carol Graff
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PERSPECTIVE
NO SCALE
VIEW FROM STREEf SHOWING MOVED fREES
AND NEW GARAGE ADDlflONS
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GARAGE ADDITION Perspective
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ADVANCE' SURVEYING & ENGINEERING CO.
nDO s. IIwy. No. 101 MinnclOnka. MH !s1~S """'01611) H4 19601 Fu161l) H4 1261
SIIRVEYfOR' DAVE GRJf'F
UR6fJ:E.Il: June 7, 1995
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Tile Nonll line 0" Lol I, lII""k I. ULUfFS WEST. n I ADOIllON. Ilennopin COUIIIY, MiMes .....
I.IMITA·!I0NS: • t. We have surveyed ahe Norlh linc 01 'he above docribed propeny which 1m: client claims 10 own or appcan 10 own
from v:anous lIuvcrnmcnt records. We make no represcntation lhotl Ihe client dues in laca uWlt the propeny nor that it
Karch ur II..: ,(conls hIlS b.:cn made 10 delenRin.: Ihe exlent and n .. ,ure or his huldings. If ahc", is any doubt
con-=eminllhc IICcurD\:Y O.-lhe IClal description. compelcn. lel&al counul shuuld be relained 10 perloml a lille SQrch
and issue it tide opinion lor our uSc in prcparinl lhe survey.
2. We show only _hose casements whi~h lIN: elicnl informs us of or which we happen to become ;awU'C DC thruulh
other sources.
J. 111': survey shows only Ihusc improv':UlenlS which arc visible and which w.: deem imp>nanL
s:IMlDARIFsYlrIBO! s" CONVEtIIIll.MS:
"0· Denotes 1/2'" 10 pip: with plaslic plue bcarina Slale License Number 9235, Kt. if '"->" is fiU~d in, Ihen denoles
round iron monument.
CEIUIEICATION'
I hereby eenify Ihac Ihis survey was prepared by me '" under my direct supervision and lhat I am a Professional
Engineer ;and a Prolcssiunal Surveyor under the laws u( lhe Stale of MiMcSQla.
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GRAFF NEW GARAGE TO BE APPROX. 9' X 24'.
MORGAN NEW GARAGE TO BE APPROX. 9' X 20',
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BOTH SLABS AT THE SAME GRADE AS EXISITNG GARAGES.
MORGAN GARAGE WILL BE APPROX.
S'·S" TO PROPERTY LINE
GRAFF GARAGE WILL BE APPROX.
2'-4" TO PROPERTY LINE
BOTH GARAGES WILL NOT BE CLOSER
THAN APPROX. IS'·O" BECAUSE OF THE
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GARAGE ADDITION
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APPROVED MINUTES
BOARD OF ADJUSTMENTS AND APPEALS
THURSDAY, NOVEMBER 9,1995 7:30 P.M. CTIY CENTER
8080 Mitchell Road
Eden Prairie, MN 55344
BOARD OF APPEALS MEMBERS: Arthur Weeks (Chair), OiffDunham,
Delavan Dye, Matthew Hansen, Mary
Vasaly
STAFF LIAISON: Scott Kipp, Planner
Kelly Kroeninger, Recording Secretary
BOARD MEMBERS ABSENT: Corrine Lynch, Kathy Nelson
CALL TO ORDER-ROLL CALL-PLEDGE OF ALLEGIANCE
Chairman Weeks called the meeting to order at 7:30 p.m Corrine Lynch and Kathy Nelson were
absent; all other members present.
L APPROVAL OF AGENDA
MOTION: Vasaly moved that the Board approve the Agenda as published. Hansen
seconded the motion and it passed unanimously.
IL APPROVAL OF OCTOBER 12, 1995, MINUTES
Final approval of October 12, 1995 Meeting, due to board members requests and input.
These minutes are to be brought to the next meeting for final approval. Additionally, the
corrections for the November 9, 1995 minutes will be approved and finalized.
IlL VARIANCES
Weeks explained the order of the Variance presentation process to those in attendance.
A. Request Number 9"5-31 by Tom Morgan for 10178 Phaeton Drive to permit
a garage addition 5 feet 6 inches from the side lot line. City Code requires a
minimum 10 feet sideyard setback with a total of 25 feet both sides in the
Rl-13.5 Zoning District.
This is a continued item from the October 12, 1995, meeting. ,
Tom Morgan residing at 10160 Phaeton Drive briefly reviewed his variance
request before the board. He also thanked the board members for their patience
in dealing with this item
Morgan stated the hardship exists because the garage cannot be extended out the
back due to living space. Additionally, Morgan indicated that the backyard is
steep and wooded, they would lose many oak trees by trying to extend the garage
out the back.
Morgan indicated that they had received written approvals from 12 nearby
neighbors to go ahead with the work.
I?J
BOARD OF ADJUSTMENTS AND APPEALS
November, 9, 1995
Page 2
Morgan also noted that he felt that the granting of this variance would not be out
of character with the neighborhood and surrounding areas.
Weeks inquired as to the inside dimensions of the existing garage.
Morgan responded that it was 26 feet by 26 feet currently, but with the mudroom the
total inside size would be reduced.
Morgan also stated that due to the large amount of sports that their children are
involved in, it is even more difficult to store all of the sporting equipment in the
existing garage.
Weeks then inquired as to what Morgan thought the actual hardship was, and to
explain it to board members.
Morgan indicated that the back of the property was such that it was not
conducive to building onto the back of the lot.
Morgan also indicated that he had consulted with an architect who stated that
with the current position of their chimney, building to the back of the structure
would force them to have to swing their vehicles nearly in a loop to enter the
garage. This was not considered feasible by the architect or Morgan himself
Morgan also apologized that the builder for this variance was unable to attend the
meeting for this particular variance.
Weeks inquired as to how many cars the Morgan's currently own.
Morgan replied that they currently owned 3 vehicles and that upon investigating, it
would be cheaper to put on a third car garage than to try to expand the existing
structure.
Morgan stated that he could but it was an extremely tight space and hard to
move around within the garage.
Mary Vasaly inquired of Morgan as to whether he had contacted the surrounding
neighbors on this proposal.
Morgan replied that yes he had and all of the neighbors were in approval of this
variance and that they all signed a letter of approval.
Vasaly then questioned Morgan as to the problems with extending the existing
garage further back on the lot.
Morgan replied that doing so would result in the loss of many trees.
Vasaly reiterated that according to Morgan, his current vehicles were a Honda,
Cutlass Supreme and a Station Wagon.
Morgan indicated that yes they were and having them presented a real problem in
storage of needed maintenance tools, snowblower, etc.
2
11.4
BOARD OF ADJUSTMENTS AND APPEALS
November, 9, 1995
Page 3
Delavan Dye then stated the current problem with this garage could have been
easily solved in the beginning by turnmg the home 10 degrees. Additionally, Dye
stated that we have a problem with poor developer builders and that they should
be told to shape up and build homes correctly.
Kipp agreed with Dye and stated that they have the same problems with building
of decks and that builders set the tone of not being able to expand without
violating city code.
Dye remarked that he couldn't build in the floodplain, as is must be within the
easement.
Vasaly responded that in these types of situations many homebuyers pay less for
such existing limitations on their new home.
Cliff Dunham asked how hard it is to currently move a car from out of the
garage.
Morgan responded he had to manipulate around a large pine, a small crab tree
and a basketball hoop.
Dunham stated that this variance was different from others of this type in that
they already had at least a 2 stall garage. He indicated that he was having a
difficult time approving this, based on the hardship presented.
Weeks inquired as to whether Morgan had built the house, with the current
dimensions.
Morgan stated that yes he had built the house to those dimensions, including the
mudroom
Weeks inquired ofKipp as to how the maximum requirement of the 25 feet
would work.
Kipp responded that all setbacks are to be perpendicular to the closest lot line.
Weeks inquired about adding an asphalt pad instead of a third car garage and
brought up the fact that with respect to the recent variance request from
Morgan's neighbors, the Graff's, Morgan did have more storage space than they
did.
Morgan stated that should he decide to buy a boat, jet ski, etc., leaving them on
an asphalt pad would not sit well with the neighbors.
Morgan stated that he thought this was a very reasonable request and stated that
the other option of putting a blacktop driveway and having it run to the back of
the home would be very unappealing.
Weeks opened the public hearing.
Weeks closed the public hearing.
3
I~
BOARD OF ADJUSTMENTS AND APPEALS
November, 9, 1995
Page 4
Vasaly stated that although it would be nice to grant the variance, she was unable
to see sufficient hardship for this request.
Dye said that while it would be nice to have the additional space, but felt that an
alternative plan should be researched and presented at a later time to the board.
Weeks inquired as to the width of garage door.
Morgan was quite sure that it was 16 feet.
Weeks replied that he was sensitive to not creating a precedence and could not
see any real hardship based on the evening's discussions. He stated that this
variance would probably be denied this evening, and suggested that Morgan
investigate other options and return before the board at a later time.
Morgan stated that this would be agreeable to him and he would begin working
with an architect and have him attend the meeting regarding this request.
Weeks responded that he felt the board would be perceptive to a continuation on
the variance and opened it up to the board members ..
Dye motioned for a 60 day continuance and was seconded by Vasaly.
MOTION: Dye motioned the Board for a 60 day continuance of variance
request Number 95-31 and seconded by Vasaly. The motion passed 5-0-0.
B. Request Number 95-35 by Design I of Edina, Ltd. for 9973 Valley View
Road (1) to permit a lot without frontage on a public road (pre-existing
condition). City Code requires all lots to have frontage on a public road.
(2) to permit parking 0 inches from a side lot line. City Code requires a 10
feet side yard setback. (3) to permit exterior building material of 63 percent
redwood siding. City Code requires 75 percent brick, glass or stone and not
more than 25 percent wood.
Robert Davis, President of Design I of Edina, stated that the hardship was due to
the original concept and approvals for this site being based on code for variances
which have since expired. Additionally, he stated that if the variance for
elimination of public road frontage, as currently exists, then the site is essentially
unbuildable.
Davis also stated that the difference in the usage and percentage of exterior
materials, as well as zero setback to parking, was necessary to maintain
consistency with the original buildings.
Vasaly inquired as why it was a hardship to be required to use a large amount of
stone.
4
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't: UNA PfRo\JeD M ,NLI,E"S
BOARD OF ADJUSTMENTS & APPEALS
January 11, 1996
Page 3
Morgan answered no. Nelson asked if the possibility of building a double deep
garage had been looked into. Morgan said yes, but due to the set up of the house
the garage would have to be at an angle. Dye indicated the difficulty in putting
three cars in the garage using this scenario. Sather said his view would be to
Morgan's garage. He stated he would rather look at a garage tied into the house.
Sather stated he is in full support of Morgan.
Weeks asked how many neighbors store cars outside of their garages. Morgan
said none right now. Morgan said when the Grafs wanted to build their addition,
he told them they would be close to his property line. The Grafs offered to buy
two feet of Morgan's property, but instead both parties agreed to build a third
stall. Morgan stated he did not understand how the city could grant a variance for
the Grafs addition without allowing a variance for his addition. He said the
addition to Grafs home has enhanced the look of their property.
Nelson stated he is not opposed to Morgan's request. He said there would still be
five feet from the edge of the property. Vasaly said she is disappointed that the
Board granted the Grafs' request for a variance since it appears there was little
hardship. She expressed concern over setting a dangerous precedence regarding
the granting of requests of this nature for everyone if the Board approves
Morgan's variance. Dye stated he is in agreement with Nelson. Hansen said it
appears as though Morgan has ample room in his existing garage. He also said
looking at Morgan's request individually indicates there is no hardship.
Weeks asked if the existing landscaping on the front comer of the property would
remain the same. Morgan said yes. Weeks expressed concern for the existence of
enough room. Morgan said he could have the driveway parallel with the property
line or at a angle.
MOTION: Nelson moved that the Board grant variance request #95-31, with the
hardships being the slope of the yard away from the house, making it impossible to
go back on the property and the wooded nature of the lot, making it impossible to
add in the back without removing trees. Dye seconded the motion. Request was
denied due to a tie vote of 3-3-0, with opposition by Hansen, Dunham and Vasaly.
11
BOARD OF ADJUSTMENTS & APPEALS
January 11, 1996
Page 2
III. VARIANCES
Weeks explained the order of the Variance presentation process to those in attendance.
A. Request #95-31 by Tom Morgan for 10160 Phaeton Drive to permit a garage
addition 5 feet 6 inches from a side lot line. City Code requires a minimum
10 foot sideyard setback with a total of25 feet both sides in the RI-13.5
Zoning District. (Continued item from November 9, 1995 meeting)
Mr. Morgan, residing at 10160 Phaeton Drive, told Board members about his next
door neighbors who received a variance to build a third garage stall onto their
home. The addition was built 2 feet 6 inches from his property line. He explained
when his neighbors come out of the side door of the garage, they are on his
property.
Morgan showed pictures of his garage with the car inside, indicating there is not
much room within. He stated other homes have a 5 foot set back. He indicated he
does not want to go 2 feet, as his neighbor did, but 5 feet. Morgan displayed a list
of neighbors in favor of the addition to his home.
Morgan stated he is requesting the variance because the lot is too steep to build
farther back or he would build a double deep garage. Weeks said at the last
meeting Morgan mentioned he would look into other alternatives. Steve Sather, a
residential builder, spoke on behalf of Morgan. He stated Morgan's property is a
walkout in the rear and drops 8 -10 feet. In order to build an attached structure,
the variance plan is the only way to accomplish this. He addressed the Board's
suggestion to build a free standing structure by saying it would not be appropriate
in this particular neighborhood, as well as, not allowing it to be used for a car. He
also said several good oak trees would have to be removed.
Weeks asked what the hardship was. Morgan also questioned that and asked what
the Board's position was on hardship. Vasaly stated the main concern seemed to
be additional storage and questioned why not build a smaller expansion that would
accommodate storage and not a third car stall. Morgan stated it would cost
$16,000, whether the addition was 4 feet or 10 feet. Hansen asked if there was
space in the yard to put a shed. Morgan showed an example of a large tree that
would have to be removed to do that. Hansen asked if a ,shed could be built to
blend in with the house, in place of a third garage stall. Sather, the builder, said 'as
a neighbor, he objected to this' because it would not look good. Sather said he
originally objected to the addition by Morgan's neighbor, but stated it turned out
fme. He said he believes Morgan's would also look good. Weeks asked if the
Grafs, Morgan's neighbors, would object to the addition by Morgan. Morgan
answered he hadn't asked them, but he did not think they would.
Nelson asked if any trees would have to be removed for the third car garage and
would the distance of the oak tree spoken of earlier be any different than it is now.
J~
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/6/96 C
SECTION: Petitions and Requests ITEM NO. 11 ' I
DEPARTMENT: Parks, ITEM DESCRIPTION: Letter from Thomas Lindquist RE: Duck Lake
Recreation and Facilities
Robert A. Lambert, Director '"TJ<-
BACKGROUND:
In the early 1980's a number of residents approached the City requesting the City to analyze all of the lakes
in the City for potential to be managed to maintain a fish population. The Parks Recreation and Natural
Resources Commission appointed a citizen's subcommittee to evaluate fishing resources in the Community.
City staff were directed to work with the committee and the Department of Natural Resources to collect all
available information on lakes and streams and submit a recommendation that would indicate all lakes that
have some potential for good fishing in Eden Prairie. That report was submitted to the Parks, Recreation
and Natural Resources Commission and the City Council in April of 1981. The lakes that were determined
to have some potential for maintaining a fish population were as follows:
1
3.
5.
7.
Round Lake
Riley Lake
Red Rock Lake
Birch Island Lake
2.
4.
6.
8.
Bryant Lake
Staring Lake
Mitchell Lake
Lake Idlewild
Additional lakes that were evaluated were as follows:
1.
3.
5.
Rice Marsh Lake
Smetana Lake
Neill Lake
2.
4.
Duck Lake
Eden Lake
It should be noted that in the mid 1980's Birch Island Lake began losing water and has since been eliminated
from consideration as a lake with potential for maintaining a fish population. The level of Lake Idlewild
dropped after the outlet was constructed and although this is occasionally used as a rearing pond for the
DNR, it is generally considered too shallow for maintaining a viable fish population.
Smetana Lake has occasional good fishing when fish move down from Bryant Lake during high water
periods. A plan to raise the water elevation of Smetana Lake and manage that lake for fishing has been
denied by the Department of Natural Resources; however, a water control structure is still planned for
construction at the outlet which would help stabilize the water elevation. Once it is installed, the City
should continue to evaluate the feasibility of installing an aeration system and maintaining a fish population
in this lake if the City is able to acquire public access to the lake.
Duck Lake was written off early on in the evaluation of the lakes due to its small size and shallow water;
however, residents around the lake stocked the lake and the lake has been free of a winter kill for the last
five years. In 1994, the City acquired a narrow strip of land on the north shore of Duck Lake adjacent to
Duck Lake Trail thus providing public access to the lake for pedestrians. (There is no parking lot or public
boat access to Duck Lake.)
Every few years' residents who live on Duck Lake ask the City about the feasibility of the City helping
maintain the oxygen levels in Duck Lake. On December 27, Tom Lindquist indicated that over the previous
weekend he measured the oxygen level in Duck Lake at four milligrams per liter. This is an extremely low
level, especially for December. Mr. Lindquist asked if the City would consider helping residents remove
snow cover from the lake to increase oxygen levels. Two years ago, the City did plow snow off a portion
of the lake late in the year to help with oxygen levels in Duck Lake.
REQUEST:
City staff request the Parks, Recreation and Natural Resources Commission and the City Council to develop
a policy regarding City effort to manage Duck Lake. The staff is in a difficult position when residents
around a lake are requesting the City to help save the fish in the lake when the City has not budgeted for
that effort, and have not been authorized by the Council to spend City funds for that purpose.
Clearly, if the City determines that it is in the best interest of the citizens of Eden Prairie to maintain oxygen
levels in Duck Lake to maintain the fish population, the City should budget for the installation and operation
of an aeration system for that purpose. It is the opinion of City staff that committing snow plows to remove
snow from a significant portion of Duck Lake in December, is making a significant commitment, in terms
of costs, for questionable results.
Mr. Duane Shodeen, Head of Fisheries for the Department of Natural Resources, related facts about a
demonstration program on Sand Lake in Washington County in the early 1980's. Sand Lake is a small lake,
approximately 60-80 acres and about 13 feet deep. They had stocked the lake and were monitoring oxygen
levels very similar to this year. Two different communities around Sand Lake committed to trying to keep
approximately 15% of the lake surface snow free during the winter to keep the fish alive. They plowed 80
feet wide roadways all over the lake beginning in early January. Unfortunately, every time there was a
snowfall with significant wind, the area that had been plowed off caught most of the snow and the snow
became deeper and deeper in the "roadways." While the oxygen level improved dramatically, particularly
under the cleared surface, the oxygen level dropped to near zero within a few feet of the cleared surface.
Eventually, the residents around Sand Lake lost the battle as they could not keep up with the snow removal
by early March.
The oxygen levels are extremely low on most of the lakes this year due to the heavy wet snows the area
received a few days after the initial freeze up of the lakes. This caused the ice to sink and water to soak up
into the first couple of inches of snow causing a crystallized effect that does not allow the sunlight
penetration necessary for plants to grow and provide oxygen during the winter months.
City staff need direction from the Parks, Recreation and Natural Resources Commission and the City
Council to determine the commitment the City will make regarding management of Duck Lake in 1996 and
2
future years. The cost to acquire an aeration system is approximately $25,000-$30,000, and the cost to
operate the system would be $3,000-$5,000 per year, depending on how long it had to be operated. Some
years it may not have to be operated at all; however, on a lake like Duck Lake (41 acres and nine feet deep)
staff would estimate it would require operation most years' if it were operated similar to our existing
systems.
BL:mdd
Attachments: Letter from Tom Lindquist
Letter to Tom Lindquist from Bob Lambert
DucklBob2
3
January 7, 1996
Mr. Bob Lambert
Department of Parks & Recreation
Eden Prairie City Hall
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Bob,
I enjoyed the opportunity of discussing with you recently the situation
which we face this year of unusually low dissolved oxygen in Duck Lake.
As you may recall, I reported to you that my measurement was already
down to 4 mG/L - a level already possibly too low to support the good
population of bass which have been in Duck Lake for the past several
years.
Since our discussion, I've had interesting discussions with DNR which I
believe support my suggestion to you that snow removal over a portion
of a lake like Duck Lake can, when needed, make a critical difference in
dissolved oxygen and prevent winter kill.
How large a portion? Obviously, that depends on the snow/ice/sun
conditions of a given winter. Since I began making dissolved oxygen
measurements in Duck Lake in 1991, we have not had winter kill, even
though we have not removed much snow in those winters.
This year is different. After I spoke with you, some neighbors and I rented
a 250 gal/min pump and flooded portions of the surface of Duck Lake on
December 31 and January 1 to make it more translucent (primarily in
the "Emma Cove" bay and along the Baywood Terrace shore).
Unfortunately, some light snow followed, and the latest (today's)
dissolved oxygen measurement was an extremely low 2 mg/L. As DNR
pointed out to me, the dissolved oxygen readings can vary substantially
(being much higher where snow cover is minimal), so other areas of Duck
Lake could be better (or worse) than this.
I understand that Eden Prairie and the DNR have set up programs to
prevent winter kill on several of Eden Prairie's smaller "public" lakes. :v
(Duck Lake may not yet have an official public parking lot on its shores,
but many people from the area come to Duck Lake via both Duck Lake
Road and Duck Lake Trail to fish from shore, launch canoes, ice fish, etc.)
But even if such a program could be drawn up for Duck Lake, the DNR
has informed me that it would take a year before it could take effect.
Obviously, that would not prevent this year's winter kill.
In short, we now face an extremely critical time in terms of maintaining
the qUality of Duck Lake to the community. We would appreciate the
City's assistance in making a "last chance" effort at some snow removal
and would be happy to work with the City to monitor its effect. If it is
already too late, so be it. If, however, we still have a chance to at least
minimize the extent of this winter's winter kill, can't we give it a try?
Sincerely yours,
~~L~
Thomas R. u{idquist
16750 Baywood Terrace
Eden Prairie, MN 55346
City of Eden Prairie
City Offices
8080 Mitchell Road • Eden Prairie, MN 55344-2230
Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390
-
January 11, 1996
Thomas R. Lindquist
1670 Baywood Terrace
Eden Prairie, MN 55346
Dear Mr. Lindquist:
I have reviewed your January 7 letter and have prepared a memorandum to the Parks, Recreation and
Natural Resources Commission and the City Council requesting direction on how to respond to your
request. This memorandum will be reviewed at the February 5, 1996 meeting of the Parks,
Recreation and Natural Resources Commission, and their recommendation will be reviewed by the
City Council at the February 20 meeting of the Council.
Our City Manager requested that I ask you if you thought neighbors on the lake would be willing to
pay for 50% of the cost of an aeration system You may want to discuss this with your Homeowner's
Association or other neighbors on the lake, prior to the Parks Commission meeting. Obviously, there
is no guarantee that the City will be able to fund any aeration system this year or in the near future;
however, ifresidents on the lake are willing to help pay for the system, it may provide some incentive
for trying to fmd funds for that purpose.
I look forward to seeing you at the February 5 meeting. The Commission meets at 7:00 p.m. in the
Council Chambers at the City Center.
Sincerely,
Robert A. Lambert
Director of Parks, Recreation and Facilities
RAL:mdd
Recycled Paper
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/6/96
SECTION: Director of Parks, Recreation and Facilities ITEM NO.-xre1-
DEPARTMENT: Parks, ITEM DESCRIPTION: Storm Damaged Tree Hauling Policy
Recreation and Facilities
Robert A. Lambert, Director ~
ISSUE:
Many trees were down over City roads and trails after the recent ice storm. City crews were called out to
cut and haul trees in order to open roadways and clear trails. Some of these trees were on private property
and fell across public roadways.
As the City was cutting and hauling trees from roadways, the City began getting phone calls from private
residents who had trees that had fallen in their backyards or had large branches break off, etc. They were
requesting the City haul their storm damaged trees as well. The City began accommodating those calls (75
calls) until people began asking if we will pickup any trees or brush they have piled out at the curb later this
spring. Obviously, accommodating those types of requests could open pandoras' box in regards in trying
to determine what is storm damaged trees and what is simply normal tree maintenance, etc.
EXISTING PROCEDURE:
When a major wind strom went through Eden Prairie and Edina several years ago, the City Council
requested staff to assist residents by hauling downed trees. Since that time, on occasion, residents have
called to request the City haul trees that have been damaged by wind. The recent ice and winds caused
many homeowners to call and request the City to haul damaged trees. The Parks, Recreation and Facilities
department has tried to accommodate most requests after wind damage; however, as calls are continuing
to come in several weeks after the storm, it is obvious that the City should have a Council directed policy
regarding these requests.
PROPOSED POLICY:
The Parks, Recreation and Facilities Department is recommending a tree hauling policy that would limit
tree hauling to emergency hauling of those trees that have fallen across public trails or roadways. The City
will continue to haul diseased trees that have been identified by City Tree Inspectors and would also haul
storm damaged trees whenever the City Council has designated staff to do so after a severe storm.
BL:mdd
haui/Bob96
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1/30/96
SECTION: Director of Assessing -Board of Review ITEM N0"lIGI
DEPARTMENT: ITEM DESCRIPTION: Appointment of Special Board of Review and
Assessing Setting of 1996 Meeting Date as Thursday, April 25, 1996 at 7:00 P.M.
Steven R. Sinell
RECOMMEND: The Mayor and City Council set Thursday, April 25, 1996 at 7:00 P.M. as the
1996 Board of Review Meeting Date and appoint Mike Best, Annette O'Connor, Phil Olson, and Dick
Sager to the Special Board of Review. City Manager and Director of Assessing to recruit a fifth member
for Council appointment.
BACKGROUND INFORMATION:
BOARD OF REVIEW MEETING DATE: By statute, the Board of Review must meet between April
1 and May 31 each year. The Board has 20 calendar days to complete their business. As a practical
matter, we also need to be sure a meeting room is available.
The dates the council chambers are available for the Special Board of Review to meet are Thursday, April
25 for the initial meeting and twenty days later on Tuesday, May 14 to reconvene the meeting.
APPOINTMENT OF SPECIAL BOARD OF REVIEW: In 1992, 1993, 1994 and 1995 the Mayor and
Council appointed a Special Board of Review. The members were citizen volunteers that were active and
knowledgeable in the real estate market. The City paid the members a per diem payment of $50 for each
meeting attended.
The Board of Review meetings were successful last year and four of the five members from 1995 are
willing to serve on the Special Board of Review again this year. The four members willing to serve again
in 1996 are:
Phil Olson of Burnet Realty. He is involved in the sale of single family properties in the southwest metro
area. Served on Board of Review 1992 thru 1995.
Annette O'Connor of Burnet Realty. She is involved in the sale of single family properties in the
southwest metro area. Served on Board of Review in 1995.
Dick Sager of REMAX Results. He is involved in the sale of single family properties in the southwest
metro area. Served on Board of Review 1992 thru 1995.
Mike Best of REMAX Results. He is involved in the sale of single family properties in the southwest
metro area. Served on Board of Review 1994 and 1995.
After serving four years on the Board of Review, one as chair, Gary Johnson of Calhoun Commercial
has decided to step aside and let someone else have a turn on the Board of Review.
memo\bor96