HomeMy WebLinkAboutCity Council - 02/20/1996AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 20, 1996
COUNCILMEMBERS:
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 Thorf"mnson, 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 Ric Rosow, and Council
Recorder Jan Nelson
DONATION OF THREE AUTOMATIC EXTERNAL DEFIBRILLATOR FROM FAIRVIEW
AUXILIARY, FAIRVIEW SOUTHDALE HOSPITAL MEDICAL STAFF, FAIRVIEW
FOUNDATION, AND THE FAIRVIEW FOUNDATION ANESTHESIA FUND
PROCLAMATION PROCLAIMING EDEN PRAIRIE VARSITY DANCE TEAM
RECOGNITION WEEK IN EDEN PRAIRIE, FEBRUARY 26 -MARCH 1, 1996
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
n. OPEN PODIUM
m. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP REGARDING NSP ISSUES HELD
TUESDAY. FEBRUARY 6.1996
B. CITY COUNCIL/BRA MEETING HELD TUESDAY. FEBRUARY 6. 1996
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
City Council Agenda
Tuesday, February 20, 1996
Page Two
B. 2ND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 2.32
FOR ISSUANCE OF CITATIONS
C. RESOLUTION AMENDING RESOLUTION NO. 96-1. REGULATING FEES
AND CHARGES FOR MUNICIPAL SERVICES FOR CITY CENTER AND
COMMUNITY ROOMS
D. 2ND READING OF AN ORDINANCE AMENDING PARK USE ORDINANCE.
CITY CODE SECTION 9.04
E. 2ND READING OF AN ORDINANCE CHANGING STREET NAME OF OLD
COUNTY ROAD 18
F. 2ND READING OF AN ORDINANCE AMENDING CITY CODE CHAnER 2.
SECTIONS 2.10. 2.16. 2.21 AND 2.29 RELATING TO BOARDS &
COMMISSIONS
G. SUNNYBROOK WOODS by Stephen J. Kroiss. 2nd Reading of an Ordinance for
Zoning District Change from Rural to RI-13.5 on 4.0 acres; and Approval of a
Developer's Agreement for Sunnybrook Woods by Stephen J. Kroiss. Location: North
side of Sunnybrook Road. (Ordinance for Zoning District Change)
H. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR BIRCH
ISLAND ACRES 2ND ADDITION FOR PUBLIC IMPROVEMENTS AND
ORDERING ADVERTISEMENT FOR BIDS. I.C. 96-5396
I. APPROVAL OF RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF
MULTI-FAMILY HOUSING REYENUE REFUNDING BQNDS IN THE AMQUNT
OF $886.000 FOR OLYMPIC RIDGE PROJECT
V. PUBLIC HEARINGSIMEETINGS
A. 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) Continued from February 6, 1996
B. BLUFFS EAST 16TH ADDITION -LOT 1. BLOCK 1 by Hustad Land Company.
Request for Rezoning from RM-6.5 to RI-13.5 on 0.4 acres. Location: Franlo Road and
Normandy Crest. (Ordinance for Rezoning from RM-6.5 to RI-13.S)
City Council Agenda
Tuesday, February 20, 1996
Page Three
C. SOUTHWEST METRO TRANSIT HUB by Southwest Metro Transit Commission.
Request for Comprehensive Guide Plan Change from Public Open Space to Regional
Commercial on 8.5 acres, PUD Concept Review on 22 acres, Zoning District Change
from Rural to C-Reg-Ser on 8.5 acres and PUD District Review, Site Plan Review on
8.5 acres and Preliminary Plat of 22 acres into one lot. Location: South of Highway 5,
north of Technology Drive and west of Prairie Center Drive. (Resolution for
Comprehensive Guide Plan Change, Resolution for PUD Concept Review, Ordinance
for Zoning District Change and PUD District Review, and Resolution for
Preliminary Plat)
D. VACATION 96-02; SNOW FENCE EASEMENT AT6SQ9FLYING CWUDDRIVE
(Resolution)
VI. PAYMENT OF CLAIMS
VII. ORDINANCES AND RESOLUTIONS
A. 1ST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 6. BY
AMENDING SECTION 6.06. SUBD. 5. RELATING TO THE PLACEMENT OF
SNOW OR ICE IN A PUBLIC RIGHT-OF-WAY
VIll. PETITIONS, REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. Third Ouarterly Rtalort from Senior Issues Task Force
B. Preliminary Recommendations for Habitat for Humanity Housin& Project
X. APPOINTMENTS
A. ARTS COMMISSION -2 Appointments for terms commencing April 1, 1996 -
March 31, 1999
B. BOARD OF ADJUSTMENTS & APPEALS - 3 Appointments for 3-year terms
commencing April 1, 1996 -March 31, 1999
C. ENYJRQNMENTAL & WASTE MANAGEMENT COMMISSION -2 Appointments
for 3-year terms commencing April 1, 1996 -March 31, 1999
D. FLYING CWUD AIRPORT ADVISORY COMMISSION -2 Appointments (1
citizen representative and 1 Flying Cloud Business rep) for 3-year terms commencing
April 1, 1996 -March 31, 1999
E. HERITAGE PRESERV A TION COMMISSION -2 Appointments for 3-year terms
commencing April11996 -March 31, 1999
F. HUMAN RIGHTS & DIVERSITY COMMISSION -2 Appointments for 3-year
terms commencing April 1, 1996 -March 31, 1999
City Councn Agenda
Tuesday, February 20, 1996
Page Four
G. PARKS. RECREATION & NATURAL RESOURCES COMMISSION - 3
Appointments for 3-year terms commencing April 1, 1996 -March 31, 1999
H. PLANNING COMMISSION - 2 Appointments for 3-year terms commencing April
1, 1996 -March 31, 1999
XI. REPORTS OF OFFICERS
A. REPORTSOFCOUNCUU»E~
B. REPORT OF CITY MANAGER
1. Set date for Annual A wards Banquet
C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES
1. Conce.pt Plan and Cost Estimate for Miller Park Skatin& Rink
2. Duck Lake Manalement Plan
3. Natural and Scenic Grant Promm
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT
1. Beamath Public Access
E. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Approval of Water, Sewer and Storm Water Utility Enterprise Budlet for
1996
2. Storm Drainale Problems in the Westwind Addition of the Preserve
(Continued from 12/19/95)
3. Resolution Autborizinl Disposal of Tax Forfeited Land
F. REPORT OF CITY ATTORNEY
G. DIRECTOR OF ASSESSING
XU. OTHER BUSINESS
xm. ADJOURNMENT
MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl Jullie, City Manager
FROM: James G. Clark, Chief of POli~
DATE: February 7, 1996
SUBJECT: Donation of (3) Automatic External
Defibrillators (AED)
Fairview Southdale Hospital Officials will be attending the February 20th City
Council meeting to present the City with a donation of three Automatic External
Defibrillators to be used by our emergency medical responders.
This donation is a collaborative effort by four Fairview Southdale groups,
Fairview Auxiliary, Fairview Southdale Hospital Medical staff, Fairview
Foundation, and the Fairview Foundation Anesthesia Fund.
The Police and Fire Departments will begin training toward certification in the use
of Automatic External Defibrillators within the next few weeks. It is anticipated
that AED units will be in service by the first part of March.
Hennepin County EMS Education Staff will provide the training for our staff.
They have indicated to us that "AED's in the hands of first responders can
increase survival from cardiac arrest by 25%." Clearly this technology can be a
dramatic life-saving tool.
Representatives of the Police and Fire Departments will be in attendance to
accept the donation and present Fairview with a plaque.
cc Chuck Schaitberger
Andy Rohde
Eden Prairie Varsity Dance Team Recognition Week in Eden Prairie
WHEREAS, Eden Prairie High School Varsity Dance Team of sixteen, coached by Paula
Smude and Assistant Coach Donna Butterbauh, was selected from a field of many to perform at the
National Dance Team Championship in Orlando the weekend of the February 3 -4, 1996; and
WHEREAS, in the Porn Division, EPHS Varsity Dance Team's performance advanced them
automatically to finals. In this category, the EPHS Varsity Dance Team demonstrated strength and
agility to display a superior performance over 140 challenging teams and took First Place and was
proclaimed National Champions; and
WHEREAS, in the Jazz Funk Division, EPHS Varsity Dance Team's performance advanced
them automatically to the finals. In this category, the EPHS Varsity Dance Team Placed Second out of
a field of over 75 teams; and
WHEREAS, the title of National Champions brings great pride to EPHS, the City of Eden
Prairie and it's citizens during the month of "EP Loves It's Kids"; and
WHEREAS, team members Anna Bachman, Jenny Casey, Casey Clement, Kelly Clement,
Deanna Donahue, Crystalyn Downey, Becky Kantar, Allyson Kerns, Cate Lantz, Jenny Mattke, Morgan
Monaco, Jenny Nelson, Keely Olson, Kirsten Ruliffson, Noami Sorich and Jennie Veland are truly
champions and will be respected by all who hear this proclamation.
NOW, THEREFORE, I, Jean L. Harris Mayor of Eden Prairie, do hereby proclaim the week of
February 26 -March 1, 1996, as
Eden Prairie Varsity Dance Team Recognition Week in Eden Prairie
FURTHER, I urge all the citizens of Eden Prairie to support the team at the upcoming State
Competition during the weekend of March 22, 1996 at the University of Minnesota, and again
congratulate them on their National Championship Title.
Jean L. Harris, Mayor
UNAPPROVED MINUTES
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
All members were present.
I. CALL MEETING TO ORDER
6:00 PM, HERITAGE ROOM IV
8080 Mitchell Road
Mayor Jean Harris, Ronald Case, Patricia Pidcock,
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
Mayor Harris called the meeting to order at 6:15 p.m.
II. DISCUSSION ON NSP ISSUES OF UNDERGROUNDING DISTRIBUTION LINES,
FRANCHISE FEES, AND DEVELOPER AGREEMENTS
Director of Public Works Dietz presented a video showing the various types of distribution
lines in the City.
Harris asked if there are priority areas for undergrounding. Dietz said County Road 4 and
Anderson Lakes Parkway are priorities. He said NSP has estimated $23 million to
underground everything, so the issue is to deal with undergrounding when we are dQing a road
project.
Dietz reviewed the question of installing transmISSIon tower monopoles versus
undergrounding the distribution lines. He thought NSP would entertain a compromise from
their development agreement to install the monopoles.
Case asked what our bargaining chip is regarding replacing the lattice poles. Dietz said the
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CITY COUNCIL WORK SESSION MINliTES
February 6, 1996
Page 2
monopoles would probably average about $300,000 apiece, or a total of $3-$5 million for
replacing all of them. Dietz met with Stu Fraser of NSP who said he was authorized to offer
$1.5 million. Dietz said it could be in the form of a cash payment to spend as we want and
that we might expect to negotiate in the area of 50% of the cost for monopoles. NSP would
like to see payment split over three to five years.
Dietz said it would be possible to put some of the funds towards the School District's costs for
the new access to the High School and the intersection at County Road 4. The School District
has about $800,000-900,000 in the budget for the poles and the new intersection.
Case asked if they will expand County Road 4 to four lanes up to the bridge. Dietz said they
agreed that the road would narrow down to two lanes as soon as possible after the new
intersection, but we are expecting a proposal from Westwood Engineering in the next 60 days
for continuing four lanes to Hillcrest Court.
Dietz said we could spend some NSP dollars on upgrading Valley View Road and County
Road 4 in order to do that work concurrently with the School intersection work. The cost
would be about $750,000, of which the County would pay a portion.
Tyra-Lukens asked if we would check NSP's estimate on the cost for the monopoles.
Thorfinnson said NSP is probably looking at $1.5 million as half of the $3 million lower-end
estimate; however, the cost could be the higher figure of $5 million. He noted that we would
not have to spend all of the money at once even if it comes as a one time revenue; however,
we need to be careful how we designate the fund.
Harris said she would like to help the School District, but she thought a special assessment
should be considered if there is an overage on that work.
Case said his preference would be to use some of the money for NSP-type things, and he
thought undergrounding is a big issue. Thorfinnson said we don't know what other priorities
might be down the road, so he would be reluctant to earmark a lot of money for separate
things. Dietz suggested that we put a caveat to consider only projects being reconstructed.
Thorfinnson said he would like to know the actual cost for the monopoles in order to have a
basis for negotiation. Dietz said we could get a cost estimate from a consultant, we could ask
NSP for an estimate and have it evaluated by a private firm, or we could ask them for copies
of bids for the poles they are doing.
Enger said this reinforces the necessity of labeling this as infrastructure and need versus
wants. We haven't yet earmarked capital maintenance and capital improvements plans but
both could absorb $2-$2.5 million. He suggested that Staff return somewhere down the line
with suggestions so that a large portIOn is earmarked.
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CITY COUNCIL WORK SESSION MINlJTES
February 6, 1996
Page 3
Harris said she did not have a problem with maintaining a "rainy day" fund and having a list
of projects that, on a periodic basis, we could decide on.
Dietz reviewed the alternatives for providing standby power at the water plant and the
possibility of a franchise fee. He said a metered rate fee would generate about $0.5 million
per year and could be used for undergrounding or street lights.
Case said we should have good reasons for imposing a franchise fee since it is another tax,
and residents have indicated undergrounding is a good reason. He thought we should go to
the community and say that, as we are in the process of converting our roads from two to four
lanes, we will assess a fee for ten years to pay for the undergrounding. He thought we would
have a hard time putting the funds into a general account, since we would have to go to the
community to explain why we did not use them as originally intended.
Thorfinnson said he would like to see a list of all the other areas that will be improved at
some time and that could be potential projects for undergrounding. He thought cutting the
franchise fee in half might go a long way towards meeting the demands.
Case said we should run the figures to see what would be more palatable and what we would
need over a ten-year period.
Dietz said the rules for franchise fees are written so that if we impose these on NSP we have
to impose equal amounts on other energy suppliers.
Jullie asked what Edina has done. Dietz said they have set up the franchise fees but have not
imposed them.
Dietz noted that we are talking about undergrounding distribution lines, not neighborhood
lines. Tyra-Lukens asked if a neighborhood could petition for undergrounding. Jullie said
everyone in the neighborhood would have to spend the money. Dietz said it would be
difficult to get neighborhood consensus.
Dietz said we have to let NSP know tomorrow about Anderson Lakes Parkway. Thorfinnson
said he was reluctant to go ahead without the money in hand. Dietz said that project is the
least expensive and will be about $70,000.
Thorfinnson said the Council should have the opportunity to evaluate any offer from NSP.
Dietz said he will bring back the standby power issue as one of the potential projects and will
recalculate the figures on the franchise fee to generate about $0.25 million per year to do the
undergrounding or install new street lighting.
III. OTHER BUSINESS
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CITY COUNCIL \VORK SESSION MINUTES
February 6, 1996
Page 4
IV. ADJOURNMENT
Harris adjourned the meeting at 7: 15 p.m.
UNAPPROVED MINUTES
JOINT EDEN PRAIRIE CITY COUNCIL AND
HOUSING & REDEVELOPMENT AUTHORITY
TUESDAY, FEBRUARY 6,1996
COUNCILMEMBERS:
HOUSING & REDEVELOPMENT
AUTHORITY MEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLLCALL
7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Ronald Case, Patricia
Pidcock, Ross Thorfinnson, Jr., and Nancy
Tyra-Lukens
Ronald Case, Jean Harris, Patricia
Pidcock, Ross Thorfinnson, 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
Mayor Harris called the meeting to order at 7:30 p.m. All members were present.
PRESENTATION OF 1994 OUTSTANDING ACHIEVEMENT AWARD FOR PEDESTRIAN
SAFETY FROM AAA
Joanne Boche, Traffic Safety Manager for AAA in Minneapolis, presented the City with the City with
the 1994 Outstanding Achievement Award for Pedestrian Safety.
L APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added item XI. A. 1. Report from Southwest Metro Transit. Case added items
XI. A. 2. Request for Update on Status of Art Center Task Force, XI.A.3. Request for
Update on Status of Tree PreseO'ation Task Force. XI.A.4. Request for Update on
Bearpatb Trail Access Issue, and XI.A.S. Possible City CounciVSchool Board Ioint
Meetjn&. Tyra-Lukens added item XI.A.6. Tobacco Le&islation. Thorfinnson added items
XI.A.7. Orientation for New Board and Commission Members and XI.A.S. Workshops.
MOTION: Pidcock moved, seconded by Thorfinnson, to approve the agenda as published
and amended. Motion carried unanimously.
I
CITY COUNCIL MINUTES
February 6, 1996
Page 2
ll. OPEN PODIUM
ill. MINUTES
A. CITY COUNCIL MEETING BELD TUESDAY. JANUARY 2. 1996
Thorfinnson clarified the second paragraph of Page 3 by changing it as follows:
" ... about the historical rationale for the retained earnings fund balance II •
MOTION: Case moved, seconded by Thorfinnson, to approve the minutes of the
City Council meeting held Tuesday, January 2, 1996, as published and amended.
Motion carried unanimously.
B. JOINT WORK SESSION CITY COVNCILIHENNEPIN COUNTY
COMMISSIONER RANDY JOHNSON HELD TUESDAY. JANUARY 16,
~
MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes ofthe
Joint Work Session City CounciIlHennepin County Commissioner Randy Johnson
held Tuesday, January 16, 1996, as published. Motion carried unanimously.
C. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 16, 1996
Pidcock said the spelling of Mr. Brad Farnham's name should be corrected in
paragraph 3 of page 9, paragraph 5 of page 10, and paragraph 2 of page 11. She said
the fourth paragraph of page 11 should read " ... would be funding both lobbyists or
would we fund them individually. II
Harris said the third and fourth items on page 12 should be denoted as items 3 and 4,
respectively.
MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the
City Council meeting held Tuesday, January 16, 1996, as published and amended.
Motion carried unanimously.
D. CITY COUNClllSTAFF WORKSHOP HELD TUESDAY, JANUARY 23,1996
MOTION: Pidcock moved, seconded by Thorfinnson, to approve the minutes of the
City CounciVStaffWorkshop held Tuesday, January 23, 1996, as published. Motion
carried unanimously.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE UST
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CITY COUNCIL MINUTES
February 6, 1996
Page 3
B. 1ST BEADING OF AN ORDINANCE AMENDING ORDINANCE NO. 2.32
FOR ISSUANCE OF CITATIONS
C. BESOWTION 96-22 RECEIVING PETITION AND AumORIZE
FEASIBILITY STUDY FOR PUBUC IMPROVEMENTS TO WGHVIEW
DRIVE. LAKELAND TERRACE AND LAKELAND CIRCLE. LC. 96-5406
D. APPROVE LICENSE AGREEMENT WITH DNR FOR UTILITY
CROSSINGS OF RILEY CREEK IN BEARPATH 3BD ADDmON
E. APPROYAL 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 96-23 AUmORlZING mE ISSUANCE AND SALE OF
$1.340.000 VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT
REYENUE 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 96-24 AMENDING BESOWTION NO. 96-1. REGULATING
FEES AND CHARGES FOR THE COMMUNITY CENTER
Case asked that item IV.B. 1ST BEADING OF AN ORDINANCE AMENDING
ORDINANCE NO. 2.32 FOR ISSUANCE OF CITATIONS be removed from the
Consent Calendar and discussed as item XI.C.3.
Regarding item C, Thorfinnson wondered why we are doing a Feasibility Study at this
time since service will not be available until some time in the future. Alan Gray said
Staff has met with the neighborhood and they are aware we might come to the
conclusion that it may be three to four years. Gray said the study will explore
alternate ways to get utilities to the neighborhood. Thorfinnson then asked if this is
totally dependent on MUSA line expansion. Gray said they are within the MUSA
line.
For item F, Thorfinnson asked for clarification of the fees and charges for use of City
Center Meeting Rooms and Community Rooms because it appeared we may be
charging non-profit groups more than non-resident individuals and businesses. Jullie
said the schedule was worked up to recover our direct costs for the civic groups.
Thorfinnson specifically questioned the $35 set-up fee listed only in the Group I
(non-profit) fees. Jullie said they need to research this issue and return with an
explanation. Thorfinnson then asked that item F. RESOLUTION AMENDING
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CITY COUNCIL MINUTES
February 6, 1996
Page 4
RESOLUTION NO. 96-1. REGULATING FEES AND CHARGES FOR
MUNICIPAL SERVICES FOR CITY CENTER AND COMMUNITY ROOMS
be removed from the Consent Calendar.
MOTION: Pidcock moved, seconded by Thorfinnson, to approve Item A, Items
C-E, and Items G-I of the Consent Calendar, with Item B to be reviewed as Item
XI.C.3 and Item F deleted. Motion carried unanimously.
v. PUBLIC HEARINGSIMEETlNGS
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. (Ordinance for Zoning District Change
and Resolution 96-25 for Preliminary Plat)
Erik Johnson, representing Kindercare Learning Centers and Tandem Properties,
reviewed the proposal.
Assistant City Manager Enger said the Planning Commission reviewed the proposal
at their January 8, 1996, meeting and recommended approval on a 7-0 vote, subject
to the recommendations of the Staff Report of January 5, 1996. He reviewed the
recommendations contained in the report.
Director of Public Works Dietz said there are some outstanding issues on the site and
suggested the issues of the NURP pond be resolved between 1 st and 2nd Readings.
Pidcock expressed concern about locating child care facilities next to gas stations.
She thought there should be some warning given to parents that it is not good for
children to be exposed to the lead in gasoline.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing;
to approve the 1 st Reading of an Ordinance for Zoning District Change from Rural
to Neighborhood Commercial on 1. 7 acres~ to adopt Resolution 96-25 for Preliminary
Plat approval of 4.83 acres into 210ts~ and to direct Staff to prepare a Development
Agreement incorporating Commission and Staff recommendations. Motion carried
unanimously.
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 MINUTES
February 6, 1996
PageS
Jullie said we received a request from Roger's Commercial today to continue the
hearing to the February 20th meeting.
MOTION: Pidcock moved, seconded by Thorfinnson, to continue this item to the
February 20, 1996, meeting. Motion carried unanimously.
C. COLUMBINE TOWNBQMES by CornerstonelEquities 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 Prelimiruuy Plat of3.3 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 96-27 for Comprehensive
Guide Plan Change, Resolution 96-28 for PUD Concept Amendment, Ordinance
for Zoning District Change and PUD District Review and Resolution 96-26 for
Preliminary Plat, and Resolution 96-29 for the City Council approving Tax
Increment Financing Plan and Project Plan, and Resolution BRA 96-1 for the
Housing and Redevelopment Authority (BRA) adopting Tax Increment
Financing Plan and Project Plan)
Mayor Harris announced that this will be a Joint Public Meeting involving both the
City Council and the Housing & Redevelopment Authority (lIRA). She then
convened the HRA for this project, stating that we will have the Council hearing and
the required HRA meeting conducted simultaneously.
Jullie said the official notice for this Public Hearing was published on January 25,
1996, in the Eden Prairie News and mailed to 19 property owners within the project
area. The proposed site plan for this project shows 32 multi-family units on 3.3 acres
located along Columbine Road north of the Post Office site. These units would
provide housing with rents affordable for persons with incomes below 60% of the
median income for the metro area. It is proposed that the City would use its Tax
Increment Financing authority, which is essential for the feasibility of this project. All
32 units proposed can be credited toward meeting the City's Livable Communities
affordable rental housing goal of20 units for 1996.
Colleen Carey of Cornerstone Group gave an overview of the project.
Pidcock asked if the units will provide affordable housing for an extended period of
time. Carey replied they will provide affordable housing for a minimum of 15 years,
and there is an extended use agreement for a total of 30 years.
Dennis Sutliff, representing BRW, reviewed the details of the project.
Tyra-Lukens asked if the handicapped accessible units will have wider doorways.
Sutliff said those units will meet the requirements for handicap units and will meet
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CITY COUNCIL AGENDA
February 6, 1996
Page 6
ADA requirements. Case then asked if there will be one such unit per building, with
a total of eight in the complex. Sutliff said there can be as many as eight; however,
they plan to build two units with all the accessories, and the other six will be
structurally adaptable.
Pidcock asked about the security of the units. Sutliff said it will be similar to other
townhomes, and will comply with federal and state guidelines that cover the kinds of
hardware and other details.
Thorfinnson questioned the parking that is planned since there will probably be two
or more cars with the three bedroom units. Sutliff said they exceed the zoning
ordinance for parking if the parking available on the street is included.
Enger said the Planning Commission reviewed the project at their December 11, 1995
meeting and voted unanimously to recommend the zoning district change, subject to
the recommendations in the Staff Report of December 8, 1995.
Lambert said the Parks, Recreation & Natural Resources Commission reviewed the
project at their December 18 meeting and recommended approval, per the December
8th Staff Report.
Harris asked when Columbine Road will go through. Dietz said this is one of the TIF
financing projects. They are looking at options to get through the last segment of
property, possibly next year. Harris said she wanted to be sure it is still on the priority
list.
Gary Fields, representing Springsted Financial, gave an overview of the Tax
Increment Financing Plan that is needed for this project in order to make the financing
available. He said a total of $337,500 of assistance will be provided to developers.
Tyra-Lukens asked ifwe approved the CDBG allocation last spring. Thorfinnson said
we have been setting aside block grant money for this type of thing.
Pidcock questioned whether one of the transit buses would be able to tum around in
the project. Sutliff said he was not sure of the turning radius of the buses, but it can
accommodate a fire truck.
There were no comments from the audience.
MOTION: Thorfinnson moved, seconded by Pidcock, to close the Public Hearing.
Motion carried unanimously.
MOTION: Thorfinnson moved, seconded by Pidcock, that the HRA adopt
ResolutionHRA 96-1 adopting the Project Plan for Redevelopment Project Area No.
4 in the City of Eden Prairie and Tax Increment Financing Plan for Tax Increment
Financing District No. 12. Motion carried unanimously.
{,
CITY COUNCIL AGENDA
February 6, 1996
Page 7
MOTION: Thorfinnson moved, seconded by Pidcock, to close the lIRA meeting.
Motion carried unanimously.
MOTION: Thorfinnson moved, seconded by Pidcock, that the Council adopt
Resolution 96-29 relating to Redevelopment Project Area No.4 and Tax Increment
Financing District No. 12 approving the Project Plan and a Tax Increment Financing
Plan therefore; to adopt Resolution 96-27 for Comprehensive Guide Plan Change
from Office to Medium Density Residential on 3.3 acres; to adopt Resolution 96-28
for PUD Concept Amendment on 15.3 acres; to approve lst Reading of the
Ordinance for Zoning District Change from Rural to RM-6.5 on 3.3 acres, and PUD
District Review on 3.3 acres; to adopt Resolution 96-26 for Preliminary Plat of3.3
acres into 1 lot; and to direct Staff to prepare a Development Agreement
incorporating Commission and Staff recommendations. 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, Thorfinnson,
Tyra-Lukens and Harris voting "aye."
VII. ORDINANCES AND RESOLUTIONS
A. 1ST READING OF AN ORDINANCE CHANGING STREET NAME OF OLD
COUNTY ROAD 18
Jullie said the Heritage Preservation Commission (HPC) recommends that the
frontage road paralleling County Road 18 be named Hennepin Town Road.
Pidcock asked if research was done on the names of property owners along the road.
She said she thought this item should be continued until the next meeting in order to
get more input before deciding. Harris asked how we should go about getting more
input. Pidcock said we should also get input on the names of native American bands
that existed in this area as well as input from other sources.
Tyra-Lukens thought we have set up a system for the HPC to come up with street
names, and she liked the name Hennepin Town Road.
Case agreed that we have put a system in place to get HPC input for street names and
noted that the HPC considered names of all of the property owners along the road as
well as native American names. He said the name Hennepin Town Road recognizes
the old town of Hennepin that was south of the current Riverview Road.
MOTION: Case moved, seconded by Tyra-Lukens, to approve 1st Reading of the
Ordinance designating the frontage road paralleling County Road 18 from Riverview
1
CITY COUNCIL AGENDA
February 6, 1996
Page 8
Road to Anderson Lakes Parkway to be named Hennepin Town Road.
Pidcock said she thought it was redundant to have Hennepin as a street name in
Hennepin County. Thorfinnson said we gave the HPC responsibility to put names on
streets; however, the problem here is that we don't have the background that led to
their decision. If the Council had that information, it would be easier to see the
process the HPC used to arrive at their recommendation.
Harris suggested that the information given by Councilmember Case be made
available to the Council in the next packet, and that we ask the HPC to provide such
background information in their next process.
VOTE ON THE MOTION: Motion carried unanimously.
B. 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPIER
2. SECTIONS 2.10. 2.16. 2.21 AND 2.29 RELATING TO BOARDS &
COMMISSIONS
Jullie said the proposed amendments are pursuant to past Council actions relating to
our various boards and commissions. The changes incorporate the new Housing,
Transportation & Social Services Board, and change the term for office of appointees
from March through the last day of February to April 1 through the 31st of March.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve 1st Reading of
an Ordinance amending City Code, Chapter 2, Sections 2.1, 2.6, 2.21 and 2.29.
Motion carried unanimously.
VIII. PEmIQNS. REOUESTS AND COMMUNICATIONS
A. REOUEST FROM TOM MORGAN FOR A MARCH 12. 1996 HEARING
DATE TO APPEAL VARIANCE #95-31
Jullie said Mr. Morgan is appealing the decision of the Board of Adjustments &
Appeals regarding his request for a setback variance. The Board denied the request
on a tie vote. Staff recommends that March 12th be set as the date for a Public
Hearing to review the request for variance.
MOTION: Tyra-Lukens moved, seconded by Pidcock, to set March 12, 1996, as the
date to review Variance Request #95-31. Motion carried unanimously.
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
---~----------------------
CITY COUNCIL AGENDA
February 6, 1996
Page 9
A. REPORTS OF COUNCILMEMBERS
1. Report from Southwest Metro Transit
Pidcock reported that the Southwest Metro Transit legislation involving the
"Good News" Bus has been dropped for this year. She thought it was an
educational experience for the legislature to learn how Southwest Metro has
developed their transit system and handled their own finances. She said the
Suburban Transit Association (STA) bill has been passed in the house and
now is going to the Senate. Pidcock will continue to update the Council on
the progress of the S T A bill.
2. Request for Update on Status of Art Center Task Force
3. Request for Update on Status of Tree Preservation Task Force
4. Request for Update on Bearpath Trail Access Issue
Case asked Staff to provide updates on these three items at the February 20th
meeting.
5. Possible City CounciVSchool Board Joint Meetin:
Case said he has had discussions with staff from the School District regarding
some issues on the High School expansion as well as other issues that we have
in common with the School District. He thought we could benefit from a joint
meeting to discuss issues such as High School student parking, County Road
4, Community Center fees and other items. A joint meeting would also
provide an opportunity to discuss issues with the new superintendent.
MOTION: Case moved, seconded by Pidcock, to direct Staff to contact
School District officials to set up a Joint Workshop session as soon as
possible. Motion carried unanimously.
Harris asked Councilmembers to give Staff their suggestions for issues to be
covered at the meeting so that they can prepare an agenda.
Pidcock said that Mr. Lambert told Southwest Metro they would have to
move the Park and Ride facility to the south side of Valley View Road. She
said they will not be able to accomplish that by February 12 because it will
take more time to complete the required process of notification about the
change. Lambert said he understood.
6. Tobacco Le&islation
Tyra-Lukens said there are strong bills being considered by both House and
CITY COUNCIL AGENDA
February 6, 1996
Page 10
Senate this year regarding youth access to tobacco. The House bill has
language that limits a city's ability to make more stringent restrictions. She
suggested that Councilmembers call our representatives to let them know we
would like to have the ability to make a stronger local ordinance than the
House bill provides. She noted that time was of the essence for those calls.
7. Orientation for New Board and Commission Members
Thorfinnson reviewed plans for the orientation of new Board and Commission
members that will occur in March. A pre-Council meeting workshop is
planned for the first meeting in March for Staff liaisons and new members.
There will also be an orientation meeting given by the Staff liaison for each
Board and Commission to provide more specific background on current
activities, meeting procedures and by-laws.
Pidcock asked if all of the members of the Boards and Commissions will be
asked to come in for the Council workshop. Thorfinnson said it is just for
new members and will be a general orientation done in part by the City
Manager and the Mayor and in part by the City Attorney.
8. Worksbops
Thorfinnson distributed a list of workshop dates and topics that he worked up
in order to get the workshop calendar established for the year. He thought the
topics could be subject to change, but the dates should remain firm.
Councilmembers discussed the attendance that would be required for the
workshop sessions. Harris said there will be some meetings where it will be
important to have a full Council in attendance, such as the budget meeting or
other sessions at which information is passed that will impact policy decisions.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to adopt the
proposed schedule, with some flexibility to be allowed regarding the proposed
topics. Motion carried unanimously.
B. REPORT OF CITY MANAGER
1. City Manaier Performance Review Process
Harris noted that last September we accepted a report from Councilmembers
Thorfinnson and Tyra-Lukens presenting a revised process for the City
Manager's Performance Review. City Manager Jullie provided information
in the FYI packets as input for the review process. She suggested that the
two Councilmembers who developed the revised process be asked to perform
the review.
If)
CITY COUNCIL AGENDA
February 6, 1996
Page 11
MOTION: Pidcock moved, seconded by Case, to appoint Councilmember
Tyra-Lukens and Councilmember Thorfinnson to serve on the Performance
Evaluation team. Motion carried unanimously.
C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACDJTIES
1. Letter from Thomas Lindquist relaminl Duck Lake
Lambert reviewed the letter of January 7, 1996, from Mr. Lindquist in which
he asked the City'S assistance in a snow removal effort on Duck Lake to
improve the dissolved oxygen content of the lake to help prevent winter kill
of the fish population. The issue was reviewed at the Parks Commission
meeting on February 5, 1996, and lengthy discussions were held with the
residents. The Parks Commission voted approval on a 5-1 vote of the
following recommendations to the Council:
1. Authorize Staff to work with the neighborhood and the DNR to
develop a management plan and to pursue the issue of providing
public access to the lake so that the DNR could manage the lake.
2. Authorize Staff to develop a plan to assist neighbors in clearing up
dead fish this spring if there is the severe fish kill that is expected.
He noted that Staff is recommending managing Duck Lake only if the DNR
is part of the partnership, and the DNR will do that only if there is a public
access to the lake. If an arrangement is made, the City would provide the
electricity and maintain the aerator.
Regarding the issue of public access, he said the DNR defines public access
to occur when the general public has the same right to use the lake as the
residents that live there. At this time there are two undeveloped properties on
the lake. One of the two is under development at this time, and we could
request land in lieu of park fees in order to provide the public access. We
would need to notify the developer immediately if that is what we choose to
do. In addition, there is a narrow strip ofland on the north shore adjacent to
Duck Lake. Trail that provides public access to the lake for pedestrians~
however, it has no parking lot or public boat access to the lake.
Harris asked what the costs will be for the public access and for the ongoing
costs of aeration, and whether neighbors would be willing to participate in the
cost. Lambert said that if there is a public access, the aerator would be free~
however we would have to install and operate it. The operational costs of the
aerator would be relatively low and it would cost $2,000 to create a launch
and parking for two cars.
Harris asked what we are doing about aeration on other lakes. Lambert
II
CITY COUNCIL AGENDA
February 6, 1996
Page 12
replied that we have aeration on three other lakes--Red Rock Lake, Mitchell
Lake and Round Lake. He said we run the systems in November and
December until the lakes freeze up. He noted that both Red Rock Lake and
Mitchell Lake have portable systems.
Thomas Lindquist, 16750 Baywood Terrace, thanked the Council for hearing
his request and for considering measures that could save the lake in future
years.
Case asked Mr. Lindquist if the neighbors would want to stay with the current
pedestrian access or would want the public access Mr. Lambert described.
Lindquist said the de facto public access exists now; however, they would be
concerned that gasoline-powered boats not be allowed on the lake. Lambert
said that, if we provide the public access, we would have a hearing with the
neighbors there and would recommend there be no motors or electric motors
only.
Tyra-Lukens asked if the City stocks lakes. Lambert said the DNR will stock
if there is a public access. Pidcock then asked if the DNR stocks Red Rock
Lake and Mitchell Lake. Lambert replied that they monitor those lakes and
will stock if it is needed.
Case said he liked the long term solution to get the DNR involved, but he
would like to see the figures on paper as to what we will lose in cash park
fees. Lambert said there are 16 lots at $1200 per unit on the Rogers property.
Thorfinnson was concerned that access from the Rogers property won't be
easy since the development is already in review.
Harris said she was interested in investigating the possibility ofland in lieu of
cash park fees; however, she felt it was problematical to ask the developer for
land at this point. Lambert said we could also go to the DNR and negotiate
with our current pedestrian access.
2. Storm Damaged Tree Hauling Policy
Referring to his memo of February 6, 1996, Lambert said Staffwould like
some direction from Council regarding the policy of removing trees that were
damaged during the recent ice storm. Staff recommends that a policy be set
that would limit City tree hauling to emergency hauling of those trees that
have fallen across public trails or roadways, plus diseased trees and also other
storm damaged trees whenever the City Council has designated staff to do so
after a severe storm.
MOTION: Case moved, seconded by Tyra-Lukens, to adopt the policy
regarding storm damaged tree hauling, as proposed in the Staff Report of
I~
CITY COUNCIL AGENDA
February 6, 1996
Page 13
February 6, 1996. Motion carried unanimously.
3. Fint Beadina of an Ordinance Amendina Ordinance No. 2.32 for
Issuance of Citations
Case said he thought that the issue of giving citations has wider implications
and that it should be reviewed with the School District. Lambert said we are
talking about restrictions from 7:00 a.m. to 2:30 p.m. when school is in
session only, and City staff discussed this with school staff.
MOTION: Case moved, seconded by Pidcock, to approve 1 st Reading of an
Ordinance amending Ordinance No. 2.32 for Issuance of Citations.
Pidcock noted there is a bill before the legislature that generally bars students
from driving to school except for work related situations. She thought this
issue has an impact on people trying to go to the Community Center.
Motion carried unanimously.
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 ofReyiew and SeUina1996 Meetina Date
for Thunday. April 25. 1996 at 7:00 PM
Jullie referred to the Staff Report of January 30, 1996 from Steve Sinell recommending
Thursday, April 25, 1996 at 7:00 p.m. be set as the date for the 1996 Board of Review. The
names offour members for the Board of Review were suggested in the memo, with Staff to
recruit a fifth member for Council appointment.
Pidcock noted that she submitted a name for the fifth member. Jullie said we have been trying
to reach that person.
MOTION: Pidcock moved, seconded by Tyra-Lukens, to set Thursday, April 25, 1996, at
7:00 p.m. for the 1996 Board of Review meeting; to appoint Mike Best, Annette O'Connor,
Phil Olson and Dick Sager to the Special Board of Review; and to direct the City Manager
and Director of Assessing to recruit a fifth member, Ms. Carol Standal, subject to her
acceptance to serve. Motion carried unanimously.
1'3
CITY COUNCll.. AGENDA
February 6, 1996
Page 14
xu. OTHER BUSINESS
MOTION: Pidcock moved, seconded by Case, to close the meeting to a closed session with
the City Attorney. Motion carried unanimously. The meeting was closed at 9:35 p.m.
At 9:45 p.m. Mayor Harris reopened the meeting following the closed session.
xm. ADJOURNMENT
MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried
unanimously. Mayor Harris adjourned the meeting at 9:46 p.m.
14
DATE! er-: m; CITY COUNClL AGENDA 1II;;.r;8 SECTION: CONSENT CALENDAR
2-20-96
DEPARTMENT: l1L,\I1 DESCRIPTION: 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 ACTIV'ITY.
ON SALE t~I NE -STRONG & 3.2 BEi:R
Fuddruckers (subject to receipt and Dept.
approval of appl ication, Part II "Personal
Information" for restaurant manager)
CONTRACTOR (MULTI-FAMILY & CIJ~1M.)
Barclay, Ltd. Develooment
Carlson LaVine, Inc.
Carpenter Construction, Inc.
Cycle Software Services
Hi-Tech Installations, Inc.
K M Building Comoany
Lumonics Corporation
Prairie Electric Company
Roncor Construction
Steiner Development
Twin City Specialty Contracting
United Properties Construction
WSF Management, Inc.
PLur1B ING
Aqua City Plumbing
Alta t1echani ca 1
B & D Plumbing & Heating
Bredahl Pl umbi ng
Burgess Plumbing & Heating
Century Plumbing, Inc.
Clear Soft Water Conditioning
I Commers Conditioned Water Co. I Leon Duda Plumbing Services
i Elander Mechanical, Inc.
Faci 1 i tech
Cliff Fadden & Sons
General Plumbing & Heating
Gopher Mechanical Contractors
Hilgers Plumbing & Heating
K & K Heating & Plumbing I· McGuire Mechanical Services I
AdioDiDiredion:
2-20-96 paqe 1
~PLUMBINR continued)
Minnesota Plumbing & Heating
Jim Murr Plumbing, Inc.
Nybo Peterson Pl umbing Co.
~ichael Peterson Plumbing
Pokorny Comoany
Roto-Rooter Services Co.
Sutherlund Plumbing ~ Heating
Swanson & Schiager Plumbing
',Tim's Quality Plumbing, Inc.
Whelan-Davis Co., Inc.·
Hi dmer, Inc.
GAS FITTER
AL ta Meehan i ca 1
Ditter, Inc.
Leon nuda Plumbing Services
Elander Mechanical, Inc.
General Plumbing & Heating, Inc.
K & K Heatinq ~ Plumbing, In~.
Minnesota Plumbing & Heating
Po korny Comoany
Riccar Heating & Air Conditioning
Roto-Rooter Services Comoany
HEATING & VENTILATING
Alta Mechanical
B & D Plumbing & Heating
Ditter, Inc.
Elander Mechanical, Inc.
Environ Con, Inc.
K & K Heating· & PLumbing, Inc.
Minnesota Plumbing & Heating
Pokorny Company
Riccar Heating & Air Conditioning
J. Smith Heating & Air Conditioning
DATE:
CITY COUNCIL AGENDA
2-20-96
SECTION:. CONSENT CALENDAR
DEPARTMENT: ITEM DESCRIPI'ION: lTEMNO.
Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A
THESE LICENSES HAVE BEEN APPROVED BY THE DEPARn1ENT HEADS RESPONSIBLE FOR THE
LICENSED ACTIViTY.
UTILITY INSTALLER
K & K Heating & Plumbing, Inc.
Lennon Excavating, Inc.
Widmer, Incorporated
WATER SOFTENER
Clear Soft Water Conditioning
Clearwater Systems
Commers Conditioned Water Co.
Minnesota Plumbing & Heating
SCAVENGER
Roto-Rooter Services Company
REFUSE HAULERS
A W Disposal
Aagard Environmental Sanitation
Aspen Waste Systems, Inc.
Browning Ferris Industries
C & J Roll Off Service Corp.
Dick's Sanitation Service
Independent Dumpster Services
Lightning Disposal, Inc.
Quality Waste Control
R & W Ron Off Service, Inc.
Randy1s Sanitation, Inc.
Vasko Rubbish Removal, Inc.
l~aste Management -Savage
Woodlake Sanitary Service, Inc.
3.2 BEER OfF SALE
Oasi s Ma.rket
ActioDiDirectioc
2-20-96 page 2
MECHANICAL GAMES
American Amusement Arcades
Gina Maria's Pizza
Lion ' s Tap
COMMERCIAL KENNEL
Anderson Lakes Animal Hospital
Kingdale Kennels
'. PRIVATE KENNEL
Eric Kangas
Dan Peters & Jean Mueller
Robert 0 I Connor
Marc Yahn
CIGARETTE
Driskill's New Market
Eden Prairie 66
Fabulous Freddy1s
Mark1s Amoco -Mitchell Road
Ma.rk' Arooco -Aztec Dri ve
r1ark ' s Amoco -Flying Cloud Drive
Oas i s Market
Shady Oak Fina
Shinders Book Store
W. Gordon Smith Co.
Snyders ~rug Store # 54
Snyder Drug Store # 87
T.L.C. Cafe
Target Store
Tota 1 r1art I II
tofa 1 greens
'~al-Mart
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96
SECTION: Consent Calendar ITEM NO. 111 B
DEPARTMENT: Parks, ITEM DESCRIPTION: Second Reading of Amendment to Ordinance 2.32
Recreation and Facilities ~ Relating to Issuance of Citations
Robert A. Lambert, Director
BACKGROUND:
The ftrst reading of:
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE
CHAPTER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE OF CIT A TIONS, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS.
Was held on January 6, 1996.
RECOMMENDATION:
City staff recommends second reading of the above ordinance.
BL:mdd
(
(
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
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. Communi ty Center Operations Supervisor ~~p.:~9'~;;~l~::::::;::~:n4. cbpfdiriators"
Section 2. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City 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 _______________ day of __________________ , 1996.
f: \rfr\ordinance\ordv3M. 232
-;J-
eden prauruii:!
DEPARTMENT:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
Finance Department
ITEM DESCRIPTION: Resolution Amending
Resolution No. 96.1 Regulating Fees and
Charges for Municipal Services
BACKGROUND:
DATE:
2/20/96
ITEM NO.
-:JjJf2
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.
J
----. ----------------------------------------
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and Councilmembers
Bob Lambert, Director
Parks, Recreation and Facilities Department
Barbara Penning Cross
Manager of Facilities
February 13, 1996
City Center User Fee
The intent of fees for reserving rooms at the Eden Prairie City Center is to give special
consideration to public agencies, nonprofit groups and civic organizations which work for the
betterment of Eden Prairie. It is also the intent to have these agencies cover direct costs
associated with room rentals and eliminate the subsidy that the City has provided in the past.
Set up charges for banquets and classroom style arrangements have been based on the actual
costs to the City. Fees, user minimums and limits were also based on use patterns for the City
Center. The resolution for City Center fees has been modified to serve as a stand-alone
document rather than relying on the rental policy for explanation.
The Heritage Room can be divided into four individual rooms. Each of these rooms is available
at no charge for Group I users, provided they use the room "as set" in the standard set up. A $25
charge is recommended for all groups wanting the classroom or banquet set up arrangement.
The set up charge for half the Heritage Room and the entire Heritage Room are based on actual
costs. Group I users pay only set up charges. Group II and Group III users pay set up charges
plus an hourly rate.
An eight-hour limit is recommended for organizations for Group I, to prevent the group from
monopolizing the room consecutive days and to promote evening use of the building. Minimum
requirements are set for Groups II and III, as stated in the reservation policy. Groups in these
categories generally reserve the room for longer periods of time.
m-refee2
-------------------------------
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 = 1DO No Charge, '2 $25lhour, "2 $3M1our, '2
Bhourtimit ( $2OIhr • $301hr) ( $30 6$501hr )
($12. $201hr min)
Maximum capacity = 200 No Charge,'3 $401 hour· first four hours, '3 $501hour • first four hours, '3
Bhourlimit $251hour each add'l. hour $251hour each add'i. hour
( $24 • $4OIhr min) $401hr • $601hr) ( $6OIhr 6$lOO1hr )
Standard Class Room $20hlour $30hlour $301hour • 4 hour minilTlJm
Beverages & Snacks Only ( $48-1st 4hrs, ( $60-1.t 4 hrs, ($70. $100lhr ·1.t 4 hr. ,
$12 each add'i hr) $15 each add'i hour) $20 • $25 each add'l hr)
Standard Conlerence = 18
After 4:30 -10 p.m., Monday-No Charge $25 Evening $ 15lhour
Friday ( No Charge/Restricted useO ( Not Offered)
Limited Availability
City Priority
Restricted Use Restricted Use Restricted Use
Standard Set-up $50hlour $6OIhour -4 hour minimum $751hour -first lour hours,
No FoodlBeverages (No Charge, ($4OIhr • 1 st 4 hrs, ($80' $1 OOIhr·1st 4 hrs)
AV Technician Required, Restricted Use) $101 ... add'i hour) $1 DO/each addt hour
w/Extra Charge ($20 • $251hr each add'l hr)
Standard Conference = 10
After 4:30 -10 p.m, Monday -No Charge $25.£vening $15/hour
Friday (Not Offered) (Not Offe .. cI)
United Availability
City Priority
Standard Conference = 8
Alter 4:30 -10 p.m. No Charge $25/Evening $15ihour
Monday -Friday (Not Off ... cI) (Not Offe .. cI)
Umted AVailability
City Priority
Standard Conference = 8
Alter 4:30 -10 p.m. No Charge $25.£vening $ 15lhour
Monday -Friday (Not Offe .. cI) NotOffe .. cI)
United Availability
City Priority
3
Limited Availability w/Speciai
Arrangements
Capacity = 100
Set·up Charge
No Charge, *4 $15lhour, *4
(Not Offered)
*1 -$25 set-up charge for classroom, banquet or special room arrangement
*2 -$50 set-up charge for classroom, banquest or special room arrangement
*3 -$100 set-up charge for classroom, banquet or special room arrangement
*4 -$25 set-up charge
(Bold) -1995 rates
$20lhour, *4
(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.
With meal service -
Cartering Charge Only
$300/ first 4 hours ($200)
$50lhour each add'i hour, plus
catering charge
With meal service -
Catering Charge Only
(No
Dry Erase Baord (3' x 5') with markers $7.50
Easel $5.00
Flipchart/Dry Erase (24" x 30") with paper $10.00
Extra pad of paper $12.00
each
Overhead projector $15.00
Podium, floor model $7.50
Podium, table top model $5.00
Slide projector with carousel $15.00
Screen, projection (tripod stand) S' xS' $10.00
Microphone/stand & speakers $15.00
Microphone, wiireless clip-on and $20.00
speakers
TVNCR on cart $15.00
t( .
$4oolfirst 4 hours,
$75!hour($100) add'i hour,
plus catering charge
With meal service -
Catering Charge Only
(No Charge)
Priority Rental Classifications
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 1\ -*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
5
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 0
ITEM NO. LV SECTION: Consent Calendar ----------------------------------~------------~I
DEPARTMENT: Parks, ITEM DESCRIPTION: Second Reading of Proposed Revision to Park Use
Recreation and Facilities ~!~inance, City Code Section 9.04
Robert A. Lambert, Director IJIt'-
BACKGROUND:
The fIrst reading of:
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.
Was held on January 6, 1996.
RECOMMENDATION:
City staff recommends second reading of the above ordinance.
BL:mdd
1
c.
(
l
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 is
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 ln the Eden Prairie News on the _______ day of ___________________ , 1996.
C:\wpSl\rap\-=plord\;;:ark,vio
2
DATE: 02120/96
EDEN PRAIRIE CITY COUNCIL AGENDA
Ordinances & Resolutions
ITEM NO: 1JJ E
SECTION:
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Second Reading of Street Name Change
Jim Richardson
BACKGROUND:
The first reading of:
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA TO RENAME THE
FRONTAGE ROAD PARALLELING COUNTY ROAD 18.
Was held on February 6, 1996.
RECOMl\fENDATION:
City staff recommends second reading of the above ordinance.
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:
HENNEPIN TOWN ROAD
FIRST READING at a regular meeting of the City Council of the City of Eden
Prairie on February 6, 1996, and finally read and adopted and ordered published
at a regular meeting of the City Council of said City on February 20, 1996.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
Publisbed in the Eden Prairie News on the __ day of ____ , 1996.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calander February 20, 1996
DEPARTMENT: HR ITEM DESCRIPTION: 2nd. Reading of an ITEM NO.IVF
Ordinance Amending City Code Chapter
2, Sections 2.10, 2.16, 2.21 and 2.29
Requested Action: Approve 2nd reading of Ordinance amending City Code Chapter 2 by
amending Section 2.10 chang ing 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 31st 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 WHICH 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 5.
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 1 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.
CityClerk~ Mayor
Published in the Eden prairie News on the ___ day of ______ , 1996.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-20-96
SECTION: 2ND READING . IYG ITEM NO.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger SUNNYBROOK WOODS
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to Rl-13.5 on 4.0
acres;
• Approval of a Developer's Agreement
Supporting Reports:
1. Ordinance for Zoning District Change
2. Developer's Agreement
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
SUNNYBROOK WOODS
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described
in Exhibit A attached hereto and made a part hereof.
SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and
be placed in the RI-13.5 District.
SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the
Rural District and shall be included hereafter in the Rl-13.5 District, and the legal descriptions of land in each District
referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly.
SECTION 4. City Code Chapter I, entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement
dated as of February 20, 1996, entered into between Stephen J. Kroiss and the City of Eden Prairie, and which
Agreement are hereby made a part hereof.
SECTION 6. This Ordinance shall become effective from and after its passage and pUblication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of
January, 1996, finally read and adopted and ordered published in summary form as attached hereto at a regular
meeting ofthe City Council of said City on the 20th day of February, 1996.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on ------------------------~
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
SUNNYBROOK WOODS
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Sumrnat:y: This ordinance allows rezoning of land located at the North side of Sunnybrook Road
from Rural to RI-13.5 on 4.0 acres; subject to the terms and conditions of a developer's agreement. Exhibit A,
included with this Ordinance, gives the full legal description of this property.
Effective Date:
ATTEST:
lsi John D. Frane
City Clerk
This Ordinance shall take effect upon publication.
IslJean 1. Harris
Mayor
PUBLISHED in the Eden Prairie News on the ______ _
(A full copy of the text of this Ordinance is available from City Clerk.)
. ~~Exhibit A
Sunnybrook Woods
I
Legal Description
West 266.10 Feet of Tract D, RLS No. 756, Hennepin County, MN.
DEVELOPER'S AGREEMENT
Sunnybrook Woods
TIllS AGREEMENT, made and entered into as of February 20, 1996, by Stephen Kroiss, LLP a General
Partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,
hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District Change from Rural to RI-13.5 on 4.0 acres
and Preliminary Plat of 4.0 acres for construction of 7 lots and 1 outlot, situated in Hennepin County, State of
Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter
referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Zoning District
Change and Resolution No. 96-18, Preliminary Plat. Developer covenants and agrees to construction upon,
development, and maintenance of said Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated
January 5, 1996, reviewed and approved by the City Council on January 16, 1996, and attached
hereto as Exhibit B, subject to such changes and modifications as provided herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
at such times and in such manner as provided therein of all of the terms, covenants, agreements, and
conditions set forth in Exhibit C, attached hereto and made a part hereof.
30 STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction
of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the
City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and
storm sewer.
Upon approval by the City Engineer, Developer agrees to implement the approved street and utility
plans prior to building permit issuance.
4. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE
PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation
Easement for review and approval by the Director of Parks, Recreation and Natural Resources, as
shown on Exhibit B. A copy of the Conservation Easement is attached as Exhibit D.
Upon approval by the Director of Parks, Recreation and Natural Resources, Developer shall deliver
and record the Conservation Easement in the Hennepin County Recorder'slRegistrars Office and
5
t
shall provide evidence of the recording of Conservation Easement prior to the release of the fIrst
building permit.
5. FINAL GRADING AND EROSION CONTROL PLAN:
A. FINAL GRADING PLAN: Developer acknowledges that the grading and drainage plan
contained in Exhibit B is conceptual. Prior to the issuance of a grading pennit for the
Property, Developer shall submit and obtain the City Engineer's approval of a fInal grading
plan for the Property. The final grading plan shall include all water quality ponds, storm
water detention areas and storm sewers. All design calculations for storm water quality and
quantity together with a drainage area map shall be submitted with the final grading plan.
Developer shall implement the approved plan prior to, or concurrent with building
construction.
B. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall
submit to the City Engineer and obtain City Engineer's approval of an Erosion Control Plan
for the Property. The Erosion control plan shall include all boundary erosion control
features, temporary stockpile locations and turf restoration procedures. All site grading
operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached
hereto and made a part hereof. Developer shall implement the approved plan prior to, or
concurrent with building construction.
6. LANDSCAPE PLAN: Prior to building pennit issuance, the Developer shall submit to the City
Planner and receive the City Planner's approval of a final landscape plan for the Property. The
approved landscape plan shall be consistent with the quantity, type, and size of plant materials as
shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to
the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the
cost of said improvements as required by City code.
Upon approval by the City Planner, Developer agrees to implement the approved landscape plan
concurrent with building construction on the Property, and in accordance with the terms and
conditions of Exhibit C, attached hereto.
7. REMOV AUSEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by
City of any pennit for grading or building on the Property, Developer agrees to submit to the Chief
Building Official and to obtain the Chief Building Official's approval of, plans for demolition and/or
removal of existing structures, septic systems, and wells on the Property, and restoration of the
property to grade.
Prior to such demolition or removal, Developer shall provide to the City a certified check in the
amount of $1 ,000.00 to guarantee the implementation of the approved plan.
City agrees to return said certified check to Developer after the City verifIes that the approved plan
has been implemented.
--8. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the
Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building
Official's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit
B, attached hereto.
Said plans shall include details with respect to the height, type of materials, and method of
construction to be used for said retaining walls.
Upon approval by the Chief Building Official, Developer agrees to implement the approved
retaining wall plan, concurrent with the grading, street, and utility construction on the Property, and
in accordance with the terms and conditions of Exhibit C, attached hereto.
9. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for
grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation,
and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails
to be constructed on the Property. Developer shall provide access easements, as determined by the
Parks, Recreation and Natural Resources Director. Said sidewalks and trails shall be constructed
in the following locations:
A. A five-foot wide concrete sidewalk to be located along the north side of Sunny brook Road
from the east to west property line as depicted in Exhibit B, attached hereto.
Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to
construct, or cause to be constructed, said sidewalks and trails, concurrent with street construction
on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto.
Bonding in accordance with City code shall be required for sidewalk construction on Cascade Drive.
10. TREE LOSS -TREE REPLACEMENT: There are 1050 inches of significant trees on the
property. Tree loss is calculated at 444 inches. Tree replacement required is 246 inches. Prior to
the release of the firial plat, Developer shall submit to the City Forester and receive the City
Forester's approval of a tree replacement plan for 246 inches. Said plan shall include replacement
trees of a 3 inch diameter minimum size for a shade tree and a seven foot minimum height for
conifer trees.
Upon approval by the City Forester, Developer agrees to implement the tree replacement plan for
246 caliper inches prior to building permit issuance.
11. SPECIAL ASSESSl\1ENT AGREEl\1ENT FOR SUNNYBROOK ROAD: Developer agrees to
enter into a Special Assessment Agreement for the upgrading of Sunnybrook Road. The Special
Assessment Agreement is attached as Exhibit E.
7
DATE: 02/20/96
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM NO: LV H.
DEPARTMENT: ITEM DESCRIPTION: Improvement Contract No. 96-5396
Engineering Division Approve Plans and Specifications for Birch Island Acres 2nd Addition for
Jeffrey Johnson Public Improvements and Ordering Advertisement for Bids
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the plans and
specifications for public improvements to Birch Island Acres 2nd Addition and authorize
advertising for bids.
Background:
The City received a 100% petition for public improvements to the above referenced property and
ordered preparation of plans and specifications. The public improvements include installation
of sanitary sewer, watermain, storm sewer as well as installation of bituminous pavement and
concrete curb and gutter.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
WHEREAS, the City Engineer, through H.T.P.O., Inc., has prepared plans and specifications
for the following improvements to wit:
I.C. 96-5396: Birch Island Acres 2nd Addition Public Improvements
and has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. Such plans and specifications, a copy of which is on file for public inspection in
the City Engineer's office, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in
the Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement
shall be published for three (3) weeks, shall specify the work to be done, shall
state that bids shall be received until 10:00 a.m., March 8, 1996, at City Hall
after which time they will be publicly opened by the Deputy City Clerk and
Engineer, will then be tabulated, and will be considered by the Council at 7:30
P.M., Tuesday, March 19, 1996, at the Eden Prairie City Hall, Eden Prairie.
No bids will be considered unless sealed and flIed with the clerk and accompanied
by a cash deposit, cashier's check, bid bond or certified check payable to the City
for 5 % (five percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on February 20, 1996.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
DEPARTMENT:
Finance
Background:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM DESCRIPTION: Remarketing of
Olympic Ridge Bonds Series 1995C $886,000
DATE:
2/27/96
ITEM NO.
IV.L
The council gave final approval for these bonds at its August 15, 1995, meeting. This request is for
permission to remarket (not refinance) these bonds. Because the market at the time of sale was not
favorable to these bonds, one of the project owners purchased the bonds. The owner now desires to sell.
The resale will be a private placement from the present bond owner to his family trust.
Action/Direction:
Approve resolution.
February 27, 1996 Page 1
RESOLUTION NO. ___ _
AUTHORIZING THE SALE AND ISSUANCE
OF MUL TIF AMIL Y HOUSING REVENUE REFUNDING BONDS,
THE EXECUTION OF RELATED DOCUMENTS
AND THE PERFORMANCE OF RELATED ACTIONS
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the
"City"), as follows:
Section 1. Authorization and Recitals.
1.01 General Authority. Pursuant to Minnesota Statutes, Chapters 462A and
462C (the "Act"), the City authorized the issuance of its Multifamily Housing Development
Revenue Bonds (Olympic Ridge Project), Series 1985 (the "Prior Bonds"), the proceeds from the
sale of which financed the acquisition, construction, and equipping of a 143-unit multifamily
rental housing facility located on Homeward Hill Road at the intersection of County Road No. 1
in the City (the Project"), which constitutes a "multifamily housing development" within the
meaning of the Act. The City has adopted a housing plan and, with respect to the Project, a
program, adopted on November 19, 1985 as required by the Act. On September --' 1995, the
City issued its Multifamily Housing Revenue Refunding Bonds (Olympic Ridge Project), Series
1995C (the "Series 1995C Bonds"), in the approximate aggregate principal amount of $886,000.
The Series 1995C Bonds were issued pursuant to a Trust Indenture, dated as of September 1,
1995 (the "Indenture"), between the City and First Trust National Association, as trustee (the
"Trustee"), and the proceeds derived from the sale of the Series 1995C Bonds were applied to
the redemption and prepayment of a portion of the Prior Bonds. All capitalized terms used in
this Resolution (and not otherwise defined in this Resolution) shall have the meanings assigned
to such terms in the Indenture.
1.02 Proposed Remarketina of the Series 1995C Bonds. The Project has been
transferred to Neslund Family Limited Partnership II, a Minnesota limited partnership (the
"Partnership"). The Partnership has proposed to remarket the Series 1995C Bonds and, in
conjunction with this proposed remarketing of the Series 1995C Bonds, has requested that the
City amend the Series 1995C Bonds and amend certain documents delivered in conjunction with
the original issuance of the Series 1995C Bonds.
1.03 Documentation. Forms of the following have been prepared and submitted to
this Council and are hereby directed to be filed:
(a) Supplement Number One to the Trust Indenture (the "Supplement");
(b) Amendment Number One to the Loan Agreement (the "Amendment");
(c) Guaranty Agreement (the "Guaranty");
(d) Collateral Assignment of Life Insurance Policy (the "Assignment"); and
(c) Series 1995C Bonds.
The Supplement, the Amendment, the Guaranty, the Assignment, and the Series 1995C Bonds
are hereby referred to collectively as the "Security Documents."
Section 2. Findinjl and Approyal of Documents. Based on the foregoing, the City
Council hereby determines that the proposed remarketing of the Series 1995C Bonds with the
security contemplated in the Indenture, as amended by the Supplement, the Loan Agreement, as
amended by the Amendment, and the other Security Documents furthers the purposes of the Act.
The remarketing of the Series 1995C Bonds and the related transactions herein contemplated are
in the interests of the City. The forms of each document listed in Section 1.03 are hereby
approved and the execution and delivery by the City of the Supplement, the Amendment, and the
Series 1995C Bonds (in the manner indicated in the Supplement, Amendment, and the Series
1995C Bonds) are hereby authorized and approved.
Section. 3. Qfferin~ Documents. The City Council has been presented with a
Placement Memorandum and consents to the use of the Placement Memorandum in substantially
the forms presented to this City Council. The City Council also approves the use of the
Placement Memorandum in its final form as completed to reflect the terms of the Security
Documents, as herein approved. The City has not reviewed or participated in the preparation of
the Placement Memorandum, has made no independent investigation with respect to the
information contained therein, and assumes no responsibility for the accuracy or completeness of
such information or such documents as finalized or amended.
Section 4. The Bonds. Tenus, Sale and Execution.
4.01 Authorization Price. The City Council hereby authorizes the remarketing of
the Series 1995C Bonds bearing the interest rate or rates as negotiated between the Partnership
and the Underwriter (provided the aggregate principal amount shall not exceed $886,000 and no
interest rate on the Series 1995C Bonds shall exceed ten percent per annum. Notwithstanding
the foregoing, the sale of the Series 1995C Bonds shall be made on a private placement basis.
4.02 Terms. All terms of the Bond, including its interest rates, series, dates, maturity,
place and medium of payment, principal amounts, registration privileges, redemption terms,
manner of execution, form and other terms, covenants and conditions shall be as provided in the
Indenture, as supplemented by the Supplement.
4.03 Execution. The Mayor and City Manager are hereby authorized and
directed to execute the Series 1995C Bonds and the other Security Documents referred to above,
to the extent the City is a party thereto, and the signatures of such persons are called for, and to
deliver such Security Documents to the Trustee, together with the other documents, certificates,
consents or instruments required of the City in the Indenture, as supplemented by the
Supplement, or as may be appropriate to effect the transactions herein contemplated, but only
upon satisfaction of the conditions precedent to the remarketing of the Series 1995C Bonds set
forth in the Security Documents. Copies of all foregoing document, certificates, consents or
instruments shall be delivered, filed and recorded as provided therein.
4.04 Modifications The approval hereby given to the execution and delivery of the
Security Documents, including the Series 1995C Bonds, includes an approval of such
modifications thereto, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by the City Attorney, Lang, Pauly & Gregerson, Ltd., prior to the
execution and delivery of the same. The execution of any instrument by the appropriate officer
of officers of the City herein authorized shall be conclusive evidence of the approval of such
documents in accordance with the terms hereof. In the absence or disability of any officer or
employee of the City, any of documents authorized by this Resolution to be executed by such
person may be executed by any other person who is otherwise permitted by law to execute such
documents on behalf of the City.
Section S. Authentication ofProceedin&s. The Mayor, City Manager and other
officers of the City are authorized and directed to furnish to the Underwriter and Bond Counsel,
certified copies of all proceedings and records of the City relating to the Series 1995C Bonds,
and such other affidavits and certificates as may be required to show the facts relating to the
legality and marketability of the Series 1995C Bonds, as such facts appear from the books and
records in the officers' custody or control or as otherwise known to them; and all such
certificates and affidavits, including any heretofore furnished, shall constitute representations of
the City as to the truth of all statements contained therein.
Section 6. Limitations of the City's Obli&ations. The Series 1995C Bonds shall
not constitute a debt of the City within the meaning of any constitutional or statutory limitation,
and shall not be payable from nor charged upon any funds other than the revenues pledged to the
payment thereof, and no holder of the Series 1995C Bonds shall ever have the right to compel
any exercise of the taxing power of the City to pay the Series 1995C Bonds or the premium, if
any, or interest thereon, or to enforce payment thereof against any property of the City, other
than those rights and interests of the City pledged therefor under the Indenture and the
Supplement. The agreement of the City to perform the covenants and other provisions contained
in this resolution or the Series 1995C Bonds, the Loan Agreement and the Amendment, and the
Trust Indenture and the Supplement shall be subject at all times to the availability of revenues or
the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability
thereon.
Section 7. Effectiye Date. This Resolution shall become effective as of the date
and time of its adoption.
Adopted: February -' 1996
Approved:
Mayor
Attest: ~~:--______ _
City Clerk
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-20-96
SECTION: PUBLIC HEARINGS ITEM NO. V.A.
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. (Direct staff to prepare a Resolution with findings for denial.)
Background:
This is a continued item from the February 6, 1996 City Council meeting.
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:\janlmikelreportslfmrogers.
I
ST AEF 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.
~ : .• : .;.
LUNDS
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. .......... . ............. . ................ . . , ................ . ........... . ................ -:.:-:.:-:.:-:.:-:.:.:-: . .......... . · . . . . . . . . . ...... .. · . . .... ...
.. ...... ..... . ....
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· ....... . . .' .. . . . . . . · ...... . . . .. ... .
........ ...... . ...... . .. ..... . · . ..... . . ....... .
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.
Staff Report
Roger's Commercial Guide Plan
January 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.
PLANNING COMMIS )N 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 oflooking 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 Chllnge 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.
1
PLANNING COMMIS!. )N 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 pumps 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.
Schlarnpp 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.
TO: City Planner, Counc~~ Chair and Members of the City council
FROM: Orv Eo Hein, resident at 9135 Flying Cloud Drive
DATE: Tuesday, Feb. 6, 1996
SUBJECT: Roger's Commercial Guide Plan Change (9125 Flying Cloud Drive)
MY CONCERNS ON THIS PROPOSAL:
A. I agree with the Planning Commission's five (5) pmint recommendation to
the City Council" Jano 5, 1996.
B. Value of homes boarding this site would plummet, in spite of what developers
want you to believe. It would have a very negative impact in selling a home
located close to a 24-hour run gas station.
C. To make a.variance here would be opening doors to future problems and/or sit-
uatiorti<::A pr~sedence would be set and possibly the Dell Road development
could be re-opened. (Houses here are located closer than the Dell Road site)
D. I have lived and paid taxes on my property since 1973 and feel my privacy
will be jeopardized. Also, a commercial status of this area would have an
effect on Real Estate Taxes and Homeowner's Insurance fees.
E. The Developer feels that I should 'Share' my 350-ft. driveway (asphalt)
(which runs parallel east/west) to give them a better in/out access for their
\
facility. I can only visualize heavy traffic in and out of this intersection
wi th cars, gas tanker' 'semis, etc.!
F. On a Personal Note: How many of you council members would want a 24-hour run
gas station built CLOSE to your residences?
q
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-20-96
SECTION: PUBLIC HEARINGS
ITEM NO. v. P.>-
DEP ARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger BLUFFS EAST 16TH ADDITION -LOT 1, BLOCK 1
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt an Ordinance for Rezoning from RM-6.5 to RI-13.5 District on 0.4 acres.
Background:
The Planning Commission voted 6-0 to approve the project at the February 12, 1996 meeting.
Supporting Reports:
1. Staff Report dated February 9, 1996
I
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: February 9, 1996
SUBJECT: Bluffs East 16th Addition
APPLICANT: Hustad Development
FEE OWNER: Hustad Development
LOCATION: N onnandy Crest
REQUEST: Rezoning from RM-6.5 to RI-13.5 on.4 acres.
BACKGROUND:
This lot was zoned RM-6.5 as part of the Bluffs East 16th Planned Unit Development.
REQUEST:
The proponent is requesting the RI-13.5 zoning district in order to build a single family
home. Soils and steep slopes did not leave enough buildable area for a twinhome unit
without extensive soil corrections and costly footings.
The single family home should blend with the surrounding twinhomes since it is a single
story walkout with shake shingles and stucco siding.
STAFF RECOMMENDATION:
The staff would recommend approval of the rezoning to RI-13.5.
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DATE: February 20, 1996
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: PUBLIC HEARINGS V.e. ITEM NO.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger SOUTHWEST METRO TRANSIT HUB
Scott Kipp
Requested Council Action:
The Staff recommends that the Council take the following action:
• Approval of a Resolution for Comprehensive Guide Plan Amendment from Public Open Space to
Regional Commercial on 8.5 acres.
• Approval of a Resolution for Planned Unit Development Concept Review on 22 acres.
• Adoption of an Ordinance for Zoning District Change from Rural to C-Reg-Ser and Planned Unit
Development District Review on 8.5 acres.
• Approval of a Resolution for Preliminary Plat of 22 acres into one lot.
• Direct Staff to prepare a Developer's Agreement.
Background: The project consists of phase one construction of a 10,100 sq. ft. Transit Hub building, an
express station and a 479 space park and ride lot. An expanded park and ride lot could accommodate 1,000
spaces. SMTC, the City, and adjoining property owners are currently evaluating alternative land use concepts
for the remainder of the property including mixed use housing, hotel, restaurant, specialty retail and
commercial development. Upon completion of these future development concepts, a revised concept plan
will be brought before the Planning Commission and City Council for review and approval.
The Planning Commission unanimously recommended approval of the request at its January 22, 1996
meeting. The plans have been revised consistent with the January 19, 1996 Staff Report recommendations.
Supporting Reports:
1. Resolution for Comprehensive Guide Plan Amendment
2. Resolution for Planned Unit Development Concept Review
3. Resolution for Preliminary Plat
4. Staff Report dated January 19, 1996
5. Minutes of the January 22, 1996 Planning Commission
I
SOUTHWEST METRO TRANSIT HUB
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 Southwest Metro Transit Hub by Southwest Metro Transit
Commission for construction of a transit hub site 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: 8.5 acres from Public
Open Space to Regional Commercial all located South of Highway 5, north of Technology Drive
and west of Prairie Center Drive.
ADO PTED by the City Council of the City of Eden Prairie this 20th day of February, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
Southwest Metro Transit Hub
Exhibit A
Legal Description
Parcel236 S.P. 2762 (212=260) 902
All of Tract A described below:
Tract A.
That part of the Northeast Quarter of the Northeast Quarter of Section 15, Township 116
North, Range 22 West, Hennepin County, Minnesota, lying southerly of the southerly
right of way line of Trunk Highway No. 212 as now located and established, northerly of
the northerly right of way line of New Technology Drive and southwesterly of the
southwesterly right of way line of Prairie Center Drive; excepting therefrom Technology
Drive as located prior to January 1, 1990;
containing 12.3 8 acres, more or less, together with all hereditaments and appurtenances belonging
thereto. .
Parcel224A S.P. 2701 (5=121) 901
All of Tract A described below:
TractA.
That part of the West one-half of the Northeast Quarter of Section 15, Township 116
North, Range 22 West, Hennepin County, Minnesota, described as follows:
Beginning at the Southeast corner of said West one-half of Northeast Quarter; thence
running North along the East line of said West one-half of Northeast Quarter 978.25 feet
to the actual point of beginning of the land to be described; thence deflecting to the left
48 degrees 45 minutes 21 seconds and running Northwesterly 83.44 feet; thence
deflecting to the left 20 degrees 30 minutes 30 seconds and running Northwesterly
297.47 feet; thence deflecting to the right 3 degrees 06 minutes and 30 seconds and
running Northwesterly 215.82 feet; thence deflecting to the right 11 degrees 50 minutes
40 seconds and running Northwesterly 60.13 feet; thence deflecting to the left 13 degrees
57 minutes 50 seconds and running Northwesterly 100.66 feet; thence deflecting to the
right 16 degrees 18 minutes 10 seconds and running Northwesterly 506.65 feet; thence
deflecting to the right 46 degrees 56 minutes 30 seconds and running Northwesterly
269.27 feet; thence deflecting to the right 7 degrees 45 minutes and running Northerly to
the Southerly right of way line of State Trunk Highway No.5; thence Northeasterly
along said Southerly right of way line to the East line of said West one-half of the
Northeast Quarter; thence South along said East line to the point of beginning; the title
thereto being registered as evidenced by Certificate of Title No. 658063;
containing 20.70 acres, more or less, of which 1.50 acres are encumbered by an easement for
Technology Drive.
SOUTHWEST METRO TRANSIT HUB
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF SOUTHWEST METRO TRANSIT HUB
FOR SOUTHWEST METRO TRANSIT COMMISSION
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 Southwest
Metro Transit Hub PUD Concept by Southwest Metro Transit Commission 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 Februruy 20, 1996;
NOW, THEREFORE, BE IT RESOL YED by the City Council of Eden Prairie, Minnesota,
as follows:
1. Southwest Metro Transit Hub, 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 Februruy 13, 1996.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated Januruy 22, 1996.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of February, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
SOUTHWEST METRO TRANSIT HUB
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SOUTHWEST METRO TRANSIT HUB FOR
SOUTHWEST METRO TRANSIT COMMISSION
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Southwest Metro Transit Hub for Southwest Metro Transit Commission
dated February 13, 1996, consisting of22 acres into a transit hub, a copy of which is on file at the
City Hall, is found to be in confonnance 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 20th day of February, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
s
ST AFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT!
FEE OWNER:
LOCATION:
REQUEST:
Planning Commission
Scott A. Kipp, Planner
Michael D. Franzen, City Planner
January 19, 1996
SOUTHWEST METRO TRANSIT HUB
Southwest Metro Transit Commission
South of Highway 5, north of Technology Drive and west of Prairie
Center Drive
1. Comprehensive Guide Plan Change from Public Open Space to
Regional Commercial on 8.5 acres.
2. PUD Concept Review on 22 acres.
3. PUD District Review and Zoning District Change from Rural to C-
Reg-Ser on 8.5 acres.
4. Site Plan Review on 8.5 acres.
5. Preliminary Plat of 22 acres into one lot.
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Staff Report
Southwest Metro Transit Hub
January 19, 1996
BACKGROUND
In 1990, the Southwest Metro Transit Commission (SMTC), and its three member cities adopted
a Park and Ride Study which identified the location and phasing of a number of park and ride lots
within Eden Prairie, Chaska and Chanhassen. As part of this study, a preferred location for a
transit hub was identified near the intersection of Highway 5 and Prairie Center Drive.
The SMTC transit hub is now officially included in the State Implementation Plan and the
approved TH212 Environmental Impact Statement. A Federal ISTEA (Intennodal Surface
Transportation Efficiency Act) grant has been awarded with regional support for the project,
including the Metropolitan Council and MnDOT.
The Transit Hub will provide many opportunities for transportation services including Express
Commute Service, Reverse-Commute, Employer-Based shuttle service, Dial-A-Ride, Local
School Bus Interface, Eden Prairie Circulator, Airport Shuttle and Mall of America Shuttle
services. Also, future land uses within the 22 acre property consisting of possible retail
commercial, entertainment, hotel and housing, and shared parking for the Purgatory Creek
Recreation Area, all benefit from the transit hub. These joint use aspects of the proposal were
instrumental in receipt of the ISTEA funding because of the opportunities to fund the operation of
the facility through private investment.
The site was acquired by MnDOT as part of the TH212 project and will be turned over to SMTC
upon final definition of the right-of-way for realigned Technology Drive, currently under
construction.
Surrounding uses consist of st. Andrew Church and Purgatory Creek to the west, the future
Purgatory Creek Recreation Area to the south, future commercial use and Prairie Center Drive to
the east, and Highway 5 and the proposed TH 212IPrairie Center Drive interchange to the north.
COMPREHENSIVE GUIDE PLAN
The Comprehensive Guide Plan identifies the Transit Hub site for Regional Commercial and
Public Open Space. The site will straddle both of these land uses once the new southerly
alignment of Technology Drive is completed. Therefore, the 8.5 acres of Public Open Space needs
to be changed to a Regional Commercial use.
There are compelling reasons that support the Guide Plan Change:
Staff Report
Southwest Metro Transit Hub
January 19, 1996
1. The Transit Hub will provide regional benefit, will promote the use of public
transit, and reduce congestion on Highway 5/212.
2. It will provide shared parking for the Purgatory Creek Recreation Area and future
adjacent commercial uses.
3. The transit hub and future commercial uses can provide convenient and efficient
services to potential future residential land uses on the western portion of the
transit hub site.
PLANNED UNIT DEVELOPMENT CONCEPT
The 22 acre concept plan identifies the construction of a Phase I, 479 space park and ride lot, a
10,100 sq. ft. Transit Hub building, and an express station facility at this time. At full
development, the transit hub could contain up to 1,000 parking spaces.
Once the TH212/Prairie Center Drive interchange is completed sometime in 1999, the Transit
Hub will have dedicated TH 212 bus only ingress and egress lanes for convenient and direct
highway access.
SMTC, the City, and adjoining property owners are currently evaluating alternative land use
concepts mixed use housing, hotel, restaurant, specialty retail and commercial development on the
remainder of the 22 acre transit hub site, and on commercial guided property along Prairie Center
Drive. The City staffhas identified the following goals for the development of undeveloped land:
1. To provide land uses that complement each other and use shared parking.
2. To encourage development which includes entertainment, recreation, retail, market
rate and affordable housing.
3. \ Development that is compatible with the Purgatory Creek Recreation Area.
4. Develop a design framework manual which would provide a set of architectural,
landscape, signs, lighting walkways and site plans which are linked by common
element of design and materials.
Staff Report
Southwest Metro Transit Hub
January 19, 1996
Upon completion of these future development options, a revised concept plan will be brought
before the Planning Commission and City Council for review and approval.
SITE PLAN
The site plan depicts the construction of Phase I, which includes a transit hub, a 10,100 sq. ft.
Transit Hub building, an express station, and a 479 space park and ride lot. The transit hub
building will also be the SMTC administrative offices.
The Base Area Ratio and Floor Area Ratio are .017 and .027, respectively. The City code allows
up to a .20 BAR, and a .40 FAR in the commercial zoning district. All building setbacks meet
code requirements. Parking on one street frontage must meet a 35 foot setback. The site plan
meets this requirement. Parking setbacks to other streets may be 17.5 feet. The site plan shows
parking at a zero foot setback from the north property line. This site plan should be revised to
meet a 17.5 foot setback required by code.
The Transit Hub will be lighted with 30 foot high downcast pole fixtures. It is the intent of
SMTC to incorporate fixtures that will match lighting currently being installed as part of the
downtown improvement project.
Automobile access will be from Technology Drive at a new signalized intersection. Bus traffic
will also use Technology Drive from their own dedicated access on the west end of the site. In
addition, dedicated bus only ingress and egress lanes will be provided to Hwy. 5/212 upon
completion of the TH2l2 interchange.
The request is to rezone the 8.5 acre transit hub site from Rural to C-Reg-Ser. This zoning
district will accommodate the park and ride facility as well as future commercial uses anticipated
for the site along the Technology Drive frontage. The goal of the future commercial is to reduce
the number of vehicle trips, and to financially support the operations and maintenance of the
Transit Hub facility. Any future development for commercial uses will require a review and
approval by the Planning Commission and City Council.
PRELIMINARY PLAT
The overall 22 acre site will be platted into one lot, meeting City code requirements. Additional
subdivision of the property will take place as the remainder of the property develops in
accordance with the future concept plan. As part of the platting process, that portion of old
Technology Drive right-of-way within the site will need to be vacated.
10
Staff Report
Southwest Metro Transit Hub
January 19, 1996
GRADING AND DRAINAGE
The site is relatively level with scattered vegetation. No significant vegetation will be removed
with this project.
Extensive soil correction will be required. Some surcharging of the property is already underway
based on a plan approved by the City Council. Full soil correction of the transit hub portion of
the property will commence this spring with final grading of the property, including parking lot
and pond construction in June of 1997.
All storm water runoff will be treated in NURP ponds prior to discharge into the Purgatory Creek
floodplain.
UTILITIES
Sanitary sewer and water are available in Technology Drive.
TRAFFIC
A traffic study was completed for the Transit Hub project based on Phase I construction and full
development of the 22 acre site. The study recommended a number of plan modifications that are
now incorporated into the proposal. The Phase I park and ride lot would operate acceptably
without a signalized access with Technology Drive, with full development warranting a signal at
this intersection. SMTC will be providing a permanent signal at this intersection concurrent with
Phase I development.
As part of any future concept plan implementation, additional traffic analysis will be necessary to
to identify traffic impacts and any required road and signal improvements.
LANDSCAPING
Phase I construction includes the planting of 410 caliper inches of landscaping, meeting code
requirements ...
ARCHITECTURE
The transit hub and express station are proposed to be constructed with face brick, glass, stucco
and metal panel. City code requires that structures in the commercial zoning district be.
constructed with at least 75% face brick and glass. The buildings meet this code requirement.
II
Staff Report
Southwest Metro Transit Hub
January 19, 1996
The Transit Hub building, the larger ofthe two structures, is proposed to be approximately 37
feet high. City code permits building height up to 40 feet in the commercial zoning district.
All proposed rooftop mechanical equipment will be physically screened from view by parapet
wall, meeting City code requirements.
STAFF RECOMMENDATIONS:
Staff would recommend approval of the request of SMTC for Comprehensive Guide Plan change
from Public Open Space to Regional Commercial on 8.5 acres, Planned Unit Development
Concept Review on 22 acres, Planned Unit Development District Review and Zoning District
change from Rural to C-Reg-Ser on 8.5 acres, Site Plan Review on 8.5 acres, and Preliminary
Platting of 22 acres into one lot based on plans dated January 12, 1996, this Staff Report and the
following:
1. Prior to City Council review, the proponent shall revise the site plan to meet the
required 17.5 front yard setback to parking for a double frontage lot in the
Commercial Zoning District.
2. Prior to Final Plat, the proponent shall vacate that portion of Old Technology
Drive within the transit hub property.
3. Prior to issuance of a land alteration pennit, the proponent shall submit detailed
stormwater run ·off, utility, and erosion control plans for review and approval by
the City Engineer and Watershed District.
4. Prior to building pennit issuance, the proponent shall submit building material
samples and colors for review and approval by the City.
5. Proponent acknowledges that the approval is for Phase I of the Transit Hub site
, and that to any future construction or development on the property will require
that detailed plans be reviewed and approved by the Planning Commission and
City Council.
I~
EDEN PRAIRIE PARKS, RECREATION
& NATURAL RESOURCES COMMISSION
February 5, 1996
Page 5
V. DEVELOPMENT PROPOSALS
A. Southwest Metro Transit Hub
Kate Garwood and Kyle Williams were present representing Southwest Metro.
Garwood reviewed the site plan and landscape plan, and stated they were present
to answer any questions.
Fox reviewed the staff report and noted that the project was approved by the
Planning Commission on January 22, 1996.
MOTION: Brown moved, Kube-Harderwijk seconded, to recommend approval
of the Southwest Metro Transit Hub. Motion carried unanimously.
VI. OLD BUSINESS
A. Playground Site Inventory and Recommended hnprovement Plan
Fox reviewed the inventory process of the playgrounds and the safety standards
which have evolved over the years. He discussed the categories upon which the
sites were evaluated and which are applied to playgrounds throughout Eden
Prairie.
Brown inquired about the percentages and what they meant and Fox responded
that they were based upon the probability of accidents that could happen at the
playground and calculated from the percentage of a possible number of points
assigned to specific features. Most of the sites in Eden Prairie need some
upgrading in varying degrees.
Kracum inquired if there was no adult supervision if the sites had to be designed
to preclude any and all accidents that could happen. Fox responded that this was
why signage was going to be installed to get people to use the equipment safely.
Jacobson inquired why there was such a high hazard potential for Miller Park and
Doug Ernst, Park and Trail Construction and Repair Supervisor, responded it was
because the playground was so close to the lake and there are rocks and physical
features in the area which increase the number of points.
Fox reviewed the staff report and the staff recommendations for upgrading the
playground facilities.
Karen Powers, 14440 West Drive, inquired when
Pheasant Woods Park would be done, and Lambert responded that it would be
done in the late summer of 1996. If this is approved by the City Council they
PLANNING COMMISMON MINUTES
January 22, 1996
Page 2
B. SOUTHWEST METRO TRANSIT HUB by SMTC. Request for Comprehensive
Guide Plan Change from Public Open Space to Regional Commercial on 8.5 acres,
PUD Concept Review on 22 acres, PUD District Review and Zoning District change
from Rural to C-Reg-Ser on 8.5 acres, Site Plan Review on 8.5 acres and Preliminary
Plat of 22 acres into one lot. Location: South of Highway 5, north of Technology
Drive and west of Prairie Center Drive.
Kate Garwood, SW Metro, gave a brief overview of the project and introduced
members from LSA Design.
Kyle Williams, LSA Design, reviewed the request for the Guide Plan change, the site
plans and noted that in this action they are requesting approval for the transit hub
itself, but not the surrounding commercial uses. Construction is scheduled to begin
in the spring of 1997 after the soil correction process has been completed. Utilities
will be installed along the new roadway which will serve the site. They anticipate
some retail uses will be constructed around the hub but nothing was being proposed
at this time.
Williams reviewed the signalization which will be installed around the Hub station and
the traffic flow patterns on the site. He discussed the site plans in detail and described
possible service uses which may be provided on the adjacent commercial sites. He
discussed access points to the site from Technology Drive and from Highway 5. He
described the building material colors and the transition from the surrounding area. .
He showed sight lines and perspectives of the buildings.
Sandstad asked about the two-story height of the building as it was such a small
footprint. Williams responded that since the building is to be constructed on pilings,
the most economically feasible site plan was to keep the footprint of the building small
and go up as high as possible.
Clinton inquired what types of retail uses they were anticipating would go into the
commercial area on the transit hub portion of the site. Garwood stated they had
surveyed riders and businesses and some uses that were suggested included a post
office, coffee shop, bank with an ATM, video rental, fast food, and dry cleaning
,establishments. Child care was not among the uses suggested. They have been
\ working with other property owners adjacent to the site to coordinate the uses that
will be put into this area. The parking areas will be available to users of the adjacent
parkland. She noted there has been discussion about a hotel and, or entertainment
type uses in this area, but nothing definite has been established.
Foote inquired if the Park and Ride sites throughout Eden Prairie would be retained
and Garwood responded yes. Residents have requested that they remain open.
Discussion ensued regarding the numbers of express busses that would be running and
the time frames for the various routes. Access to the Hub site from Highway 5 was
DATE: 02/20/96
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: V,D.
SECTION: Public Hearing
DEPARTMENT: ITEM DESCRIPTION: Vacation No. 96-02
Engineering Division Vacation of Snow Fence Easement over Part of the Property Located at 6509 Flying
David Olson Cloud Drive. Published 02/01196
Recommended Action:
Staff recommends that the City Council take the following action:
Adopt the resolution vacating the snow fence easement at 6509 Flying Cloud Drive.
Overview:
Maintenance and ownership responsibilities for Flying Cloud Drive in Section 1 were transferred from
MnDOT to the City in March, 1982. Through this transaction, the City inherited all right-of-way and
easements previously obtained by MnDOT. Right-of-way and easements for TH5 (later known as
TH212) were obtained over this property in 1925 and included a "right to construct and maintain, upon
lands adjoining the parcel conveyed, such portable snow fences during such months as weather conditions
make necessary". The property owner requests this "right" be terminated since snow fencing is no longer
installed in this vicinity. The Street Division, of the Public Works Department, confirms that with
building and parking lot construction on adjacent properties, snow fence is no longer utilized along this
segment of Flying Cloud Drive.
Supporting Information:
• Vacation drawings
• Document from Book 1052 of Deeds, Page 534
• Document from Book 1097 of Deeds, Page 316
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
VACATION OF SNOW FENCE EASEMENT IN SECTION 1
(VAC 96-02)
WHEREAS, the City of Eden Prairie has a certain right to construct and maintain portable snow fences described
therein as follows:
The right to construct and maintain portable snow fences as recorded in the offices of Hennepin County,
Minnesota, Book 1052 Deeds, Page 534, Document Number 1311468 and Book 1097 of Deeds, Page 316,
Document Number 1346555 copies of said documents are herein attached as Exhibit A and Exhibit B respectively:
WHEREAS, a public hearing was held on February 20, 1996 after due notice was published and posted as
required by law;
WHEREAS, it has been determined that the said right to construct and maintain portable snow fences has no
interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said right to construct and maintain portable snow fences as above described is hereby vacated.
2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A.
412.851
ADOPTED by the Eden Prairie City Council on February 20, 1996.
Jean L. Harris, Mayor
AITEST: SEAL
John D. Frane, City Clerk
534
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~ DATE:
CITY COUNCIL AGENDA FEBRUARY 20,1996
SECTION:
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
FINANCE PAYMENT OF CLAIMS VI
CHECKS NUMBER 38482 THRU 38918
Action/Direction:
I
FEBRUARY 20, 1996 VI
38482 CHANHASSEN DINNER THEATER SENIOR TRIP-FEES PAID. 52.00
38483 MIDWEST FIRE PROTECTION INC CONTRACT SENIOR CENTER. 26446.00
38484 PORTICO COMPUTERS II INC COMPUTER EQUIPMENT-CITY HALL. 74382.79
38485 SIGN SOLUTIONS INC SIGNAGE-CITY HALL. 4839.40
38486 INTERNAL REVENUE SERVICE FEDERAL SOCIAL SECURITY AND MEDICARE 263.23
WITHHOLDING PAYMENT FOR YEAR END PAYROLLS
ADJUSTMENTS.
38487 ASSIGNED RISK SAFETY ACCOUNT LATE FILING FEE ON FIRST REPORT OF INJURY 50.00
CLAIM #2725311650C8.
38488 MS. N OOORLEY REFUND FOR LOST BOOK. 30.00
38489 CIRCUIT CITY STORES INC SONY 6 VOLT POWER ADAPTER. 26.61
38490 SANDRA EHRICH REIMBURSEMENT FOR SUPPLIES-ADAPTIVE 44.52
RECREATION.
38491 VOW OUT CHECK 0.00
38492 JENNIFER HARLOW INTERNSHIP STIPEND. 200.00
38493 SCOTT KIP REIMBURSE FOR PARKING FEES. 7.00
38494 MINNEGASCO SERVICE. 27304.35
38495 BETH NILSSON SERVICE-INSTRUCTOR WINTER SKATING LESSONS 10205.88
1996-FEES PAID.
38496 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION RENEWAL FEES-1822.50
FLEET SERVICES.
38497 TRACY SPANGRUD SERVICE-DANCE INSTRUCTOR-FEES PAID. 329.00
38498 UNIVERSITY OF ST THOMAS CONFERENCE EXPENSE-UTILITIES DIVISION. 125.00
38499 VOW OUT CHECK 0.00
38500 US WEST COMMUNICATIONS SERVICE CHARGE AND ACCESS LINK FOR RELAY 1900.03
SERVICE.
38501 US WEST COMM SERVICES INC MAINT AGREEMENT AND INSTALLATION OF CISCO 3856.67
ROUTER-PARK AND REC.
38502 MN DEPT OF REVENUE STATE WITHHOLDING FOR YEAR END PAYROLLS 14.67
ADJUSTMENTS.
38503 ANN BRAW REFUND-YOUTH SKI TRIP. 6.00
38504 JENNIFER BROWN REFUND-SKI TRIP. 27.00
38505 MARY DAVIDSON REFUND-SWIMMING LESSONS. 21.00
38506 MRS. ELLIS REFUND-SWIMMING LESSONS. 3.00
38507 MATTHEW ENDRES REFUND-SWIMMING LESSONS. 21.00
38508 BETSY ERICKSEN REFUND-YOUTH SKI TRIP. 6.00
38509 JOANN FERBER REFUND-SWIMMING LESSONS. 30.00
38510 JACQUE FRYKLUND REFUND-YOUTH SKI TRIP. 27.00
38511 CYNTHIA GILLIAN REFUND-SKATING LESSONS. 17.35
38512 DONNA HOFFMAN REFUND-SWIMMING LESSONS. 21.00
38513 JUDY HUBER REFUND-PHOTO ALBUM WORKSHOP. 10.00
38514 NATALIE JEAN REFUND-YOUTH SKI TRIP. 27.00
38515 ANN JENSON REFUND-YOUTH SKI TRIP. 6.00
38516 BJ JOHNSON REFUND-SWIMMING LESSONS. 21.00
38517 VICKKI JOHNSON REFUND-YOUTH SKI TRIP. 27.00
38518 MICHELE KENNEDY REFUND-SKI CLINIC. 42.00
38519 MARY KRUSE REFUND-SKATING LESSONS. 10.00
38520 EA LIPPERT REFUND-YOUTH SKI TRIP. 22.00
38521 SUE LIPSCHULT REFUND-SKATING LESSONS. 34.49
38522 LAURIE LORENCE RFUND-TAE KWON 00 CLASS. 28.50
15230699
FEBRUARY 20, 1996 VI
38523 LAURIE LORENCE REFUND-TRANSFER YOUTH TRIP. 2.00
38524 WALTER LUSIAN REFUND-YOUTH SKI TRIP. 22.00
38525 DIANNE LUSIAN REFUND-TRANSFER SKI TRIPS. 5.00
38526 DIANNE LUSIAN REFUND-FIREARM SAFETY. 5.00
38527 ANN MANDAVILLE REFUND-YOUTH SKI TRIP. 6.00
38528 STACIE MASON REFUND-TAE KWON DO CLASS. 15.00
38529 MRS MCDANIELS REFUND-GYMNASTICS CLASS. 26.00
38530 MRS MCKENNEY REFUND-GYMNASTICS CLASS. 4.00
38531 TRACY MEISTER REFUND-SWIMMING LESSONS. 36.00
38532 JAMES MICKESH REFUND-SKATING LESSONS. 10.01
38533 SANDY OLSON REFUND-YOUTH SKI TRIP. 14.00
38534 LELAND OWENS REFUND-ADVANCED HUNTER EDUCATION. 10.00
38535 LAURIE PEPPER REFUND-YOUTH SKI TRIP. 22.00
38536 TERI PIETSCH REFUND-SWIMMING LESSONS. 21.00
38537 JOAN PLUMPTON REFUND-SKATING LESSONS. 14.34
38538 CASEY QUINN REFUND-SKATING LESSONS. 27.01
38539 KATHY RUUSKA REFUND-YOUTH SKI TRIP. 14.00
38540 CHRISTINE SASSERVILLE REFUND-GYMNASTICS CLASS. 26.00
38541 GLORIA SATTERSTROM REFUND-YOUTH SKI TRIP. 27.00
38542 VIRGINIA SCHAUSS REFUND-BEYOND IMAGING CLASS. 5.50
38543 MARIANNE SCHMIDT REFUND-GYMNASTICS CLASS. 26.00
38544 ERIC SIT REFUND-SKATING LESSONS. 40.00
38545 MARY TRAYNHAM REFUND-YOUTH SKI TRIP. 54.00
38546 MARGARET WAGNER REFUND-SWIMMING LESSONS. 21.00
38547 MARY WALKER REFUND-BEYOND IMAGING CLASS. 5.50
38548 JULIE WEGMILLER REFUND-GYMNASTICS CLASS. 48.00
38549 LAURA WENCK REFUND-YOUTH SKI TRIP. 6.00
38550 MRS WHITE REFUND-SWIMMING LESSONS. 24.00
38551 LINDA WIEBOLD REFUND-SWIMMING LESSONS. 36.00
38552 CANADA LIFE ASSURANCE CO DISABILITY INSURANCE PREMIUM FOR THE 2236.30
MONTH OF JANUARY PAYROLL 1-19-96.
38553 JOHN COLEMAN REIMBURSEMENT FOR PARKING FEES AND 16.09
MILEAGE-INSPECTIONS.
38554 BRUCE HUTCHINS REIMBURSEMENT FOR PARKING FEES AND 36.54
MILEAGE-INSPECTIONS.
38555 CYNTHIA LANENBERG MILEAGE REIMBURSEMENT-FIRE DEPT. 60.48
38556 METROPOLITIAN COUNCIL WASTEWATER NOVEMBER AND DECEMBER 95 SAC CHARGES. 238689.00
38557 MINNESOTA STATE TREASURER NOVEMBER 95 BUILDING PERMIT SURCHARGES. 8496.26
38558 MINNESOTA VALLEY ELECTRIC CooPERA SERVICE. 511.16
38559 DAN OTTEN REIMBURSEMENT FOR PARKING FEES AND 46.89
MILEAGE-INSPECTIONS.
38560 PETTY CASH PETTY CASH-CITY HALL. 54.89
38561 PRUDENTIAL INSURANCE CO LIFE INSURANCE PREMIUM FOR THE MONTH OF 3065.85
JANUARY PAYROLL 1-19-96.
38562 STOREFRONT/YOUTH ACTION INC YOUTH COUNSELING AND REFERRAL SERVICE 2ND 1287.50
QRT 1995.
38563 SISINNI FOOD SERVICE MEETING EXPENSE-CITY HALL. 154.22
38564 U S WEST COMMUNICATIONS SERVICE. 6269.56
38565 U S POSTMASTER POSTAGE FOR POSTAGE METER-CITY HALL. 8000.00
38566 NORWEST BANKS MINNESOTA N A PAYROLL02-02-96. 3972.39
27346949
FEBRUARY 20, 1996
38567
38568
38569
38570
38571
38572
38573
38574
38575
38576
38577
38578
38579
BELLBOY CORPORATION
EAGLE WINE CO
GRIGGS COOPER & CO INC
JOHNSON BROTHERS LIQUOR CO
LEHMANN FARMS
PAUSTIS & SONS CO
PHILLIPS WINE & SPIRITS
PRIOR WINE CO
QUALITY WINE & SPIRITS CO
VINTAGE ONE WINES INC
THE WINE COMPANY
WORLD CLASS WINES INC
NEBCO EVANS DISTRIB
LIQUOR.
WINE.
LIQUOR.
LIQUOR & WINE.
SUPPLIES-LIQUOR STORE I.
WINE.
LIQUOR & WINE/LIQUOR & WINE.
WINE.
LIQUOR & WINE.
WINE.
WINE.
WINE.
SLEEVING/SWITCHES/TERMINALS/WIRE/
CONCESSION STAND SUPPLIES-COMMUNITY
CENTER.
38580
38581
38582
38583
38584
38585
38586
HENN CTY SUPPORT & COLLECTION SVC PAYROLL 1-5-96.
HENN CTY SUPPORT & COLLECTION SVC PAYROLL 1-5-96/PAYROLL 1-5-96.
MN DEPT OF REVENUE PAYROLL 1-5-96.
CARVER CO CHILD SUPPORT UNIT PAYROLL 1-5-96.
CARVER COUNTY COMMUNITY SOCIAL SV PAYROLL 1-5-96.
CARVER CO CHILD SUPPORT UNIT PAYROLL 1-5-96.
STEVEN CLAY MILEAGE AND PARKING REIMBURSEMENT-
38587 DRISKILLS NEWMARKET
38588 FIRE MARSHAL ASSOCIATION OF MN
38589 JASON-NORTHCO L P #1
38590 KAMI KISSNER
38591 TERRY KUCERA
38592 SHERI L MOONEN
38593
38594
38595
38596
38597
38598
38599
PRAIRIE CLYCLE AND SKI
UNITED PROPERTIES
JOHN UPTON
PAUL SCHNEIDERMAN
SUPER EIGHT MOTEL
SUPPLEES 7 HI ENTER INC
STAN TEKIELA
ASSESSING DEPT.
MEETING EXPENSES/SUPPLIES-COMMUNITY
CENTER/YOUTH REC/FIRE DEPT.
SEMINAR-FIRE DEPT.
FEB RENT LIQUOR STORE 1.
SERVICE-GYMNASTICS INSTRUCTOR/CHAPERONE-
FEES PAID.
REINBURSEMENT FOR MILEAGE/OFFICE SUPPLIES-
COMMUNICATIONS.
REIMBURSEMENT FOR VARIOUS ACTIVITIES-
YOUTH RECREATION.
YOUTH CROSS COUNTRY SKI CLINIC-FEES PAID.
YOUTH CROSS COUNTRY SKI CLINIC-FEES PAID.
SERVICE-SKI INSTRUCTOR-FEES PAID.
SERVICE-YOUTH SPECIAL TRIP-FEES PAID.
CONFERENCE EXPENSE-LODGING-FIRE DEPT.
FEB RENT-LIQUOR STORE II.
RESOURCE GUIDE FOR BRYANT LAKE DAY CAMP/
NATURE RELATED EVENTS.
38600 MINNESOTA DEPT OF PUBLIC SAFETY MaTER VEHICLE REGISTRATION FEE-FLEET
38601 CLEMSON UNIVERSITY
38602 JOHN ELGETHUN
38603 LYNDELL FREY
38604 KATHY HOLSCHUH
38605 LEEANN C LEBLANC
26749304
SERVICES.
MAINTENANCE MANAGEMENT SEMINAR-FACILITIES.
INSTRUCTOR YOUTH CROSS COUNTRY SKI CLINIC-
FEES PAID.
MILEAGE REIMBURSEMENT-YOUTH RECREATION.
SERVICE-CERAMICS INSTRUCTOR-SR CTR-FEES
PAID.
TUITION REIMBURSEMENT-POLICE DEPT.
VI
2561.08
5826.87
51859.86
79173.70
44.85
3059.60
58889.88
15241.37
23369.64
691.00
2306.11
489.35
1808.33
240.46
550.16
227.42
49.37
276.93
90.00
110.68
298.97
225.00
5266.00
156.50
41.70
37.37
128.00
6581.25
96.00
49.00
95.44
5522.04
18.00
8.50
775.00
96.00
100.24
72.00
1059.37
FEBRUARY 20, 1996
38606
38607
38608
TRIA MANN MILEAGE REIMBURSEMENT-ADAPTIVE RECREATION.
MCMA DR R BARRETT MCMA SECRETARI CONFERENCE EXPENSE-CITY HALL.
MN SAFETY COUNCIL INDOOR AIR QUALITY MGMT SEMINAR-
38609 MRPA
38610 RALPH NESBITT
38611 MN PIE
38612 NORWEST BANKS MINNESOTA N A
38613 0 BRIEN SHEETMETAL
38614 SAUK RAPIDS FIRE DEPARTMENT
38615 STAN TEKIELA
38616 SOKKIA MEASURING SYSTEMS
FACILITIES.
CONFERENCE EXPENSE-PARKS AND RECREATION
DEPT.
SERVICE-WINTER SAMPLER INSTRUCTOR-FEES
PAID.
CONFERENCE EXPENSE-PARK MAINTENANCE.
FEDERAL SOCIAL SECURITY AND MEDICARE
WITHHOLDING PAYMENT PAYROLL 2-2-96.
REFUND MECHANICAL PERMIT OVERPAYMENT
PERMIT #23237 RECEIPT #63684.
CONFERENCE EXPENSE-FIRE DEPT.
SERVICE-INSTRUCTOR WINTER PROJECTS/
OUTDOOR CENTER-FEES PAID.
MARKING PAINT-SURVEYING CREW ENGINEERING
DEPT.
38617
38618
WEST SUBURBAN COLUMBUS CREDIT UNI PAYROLL 2-2-96.
38619
38620
38621
38622
38623
38624
38625
38626
38627
38628
38629
38630
38631
38632
38633
38634
38635
38636
38637
38638
38639
38640
38641
38642
38643
YOUNG AUDIENCES OF MINNESOTA HISTORICAL CULTURE PROGRAM-PARK AND
CINDY FLYNN
CHRISTINE GELSCHUS
MR GREYWITT
MICHELLE HAWKINS
PAMELA HOCHREIN
MELISSA HOLLAND
MAUREEN HAMILTON
MARGRET JOHNSON
BARBARA MORTENSON
TERESE MILLER
MARY MEIER
DEANNA OLSON
MRS PETERSON
GLEN SCHANKE
COLLEEN SCHWARTZ
COLLEEN SKARG
MRS WALKER
ICMA RETIREMENT TRUST-457
VOIV OUT CHECK
RECREATION DEPT.
REFUND-SKI TRIP.
REFUND-SKI TRIP.
REFUND-SKI TRIP.
REFUND-SKI TRIP.
REFUND-SWIMMING LESSONS.
REFUND-SKI TRIP.
REFUND-SKI TRIP.
REFUND-DOILY ANGEL CLASS.
REFUND-SKI TRIP.
REFUND-DEFENSIVE DRIVING.
REFUND-SKI TRIP.
REFUND-DEFENSIVE DRIVING.
REFUND-SKI TRIP.
REFUND-DEFENSIVE DRIVING.
REFUND-DEFENSIVE DRIVING.
REFUND-SKI TRIP.
REFUND-SKI TRIP.
PAYROLL 1-5-96.
GREAT-WEST LIFE & ANNUITY PAYROLL 1-5-96.
MN STATE RETIREMENT SYSTEM PAYROLL 1-5-96.
MINNESOTA MUTUAL LIFE PAYROLL 1-5-96.
PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 1-5-96.
PUBLIC EMPLOYEES RETIREMENT ASSOC PAYROLL 2-5-96.
MEDICA CHOICE HEALTH INSURANCE PREMIUM FOR THE MONTH OF
FEBRUARY PAYROLL 2-2-96.
38644 HEALTHPARTNERS HEALTH INSURANCE PREMIUM FOR THE MONTH OF
FEBRUARY PAYROLL 2-2-96.
38645 MN TEAMSTERS CREDIT UNION PAYROLL 1-5-96.
20578220
5
VI
63.00
130.00
85.00
55.00
50.00
68.00
86016.54
20.75
625.00
180.00
50.48
950.00
250.00
27.00
27.00
5.00
27.00
5.00
22.00
27.00
9.00
27.00
8.00
27.00
8.00
27.00
8.00
8.00
5.00
27.00
3583.72
0.00
8135.50
247.00
1267.50
22201.77
182.50
54442.95
26858.49
25.00
FEBRUARY 20, 1996 VI
38646 PUBLIC EMPLOYEES RETIREMENT ASSOC PERA LIFE INSURANCE FOR THE MONTH OF 249.00
JANUARY PAYROLL 1-5-96.
38647 FEDERAL RESERVE BANK SAVINGS BOND APYROLL 1-5-96. 400.00
38648 AFTON ALPS YOUTH SKI TRIP -FEES PAID. 270.00
38649 STUART FOX MILEAGE REIMBURSEMENT-FORESTERY DEPT. 77 .00
38650 MN DEPT OF NATURAL RESOURCES LICENSE FOR SANITARY SEWER AND WATERMAIN 470.00
CROSSING RILEY CREEK-TO BE REIMBURSED.
38651 MRPA MRPA STATE BERTHS-ORGANIZED RECREATION. 995.00
38652 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION RENEWAL FEES-1687.50
FLEET SERVICES.
38653 MN RIVERLAND TECHNICAL COLLEGE TRAINING-FIRE DEPT. 100.00
38654 MN RURAL WATER ASSOC CONFERENCE EXPENSE-UTILITIES. 75.00
38655 NORTHERN STATES POWER COMPANY SERVICE. 52335.82
38656 SISINNI FOOD SERVICE MEEETING EXPENSE-PARKS AND REC/CITY 507.81
COUNCIL/SENIOR ISSUES/STAFF MEETING/
ENVIRONMENTAL WASTE.
38657 U S WEST COMMUNICATIONS SERVICE. 3896.84
38658 SANDRA WERTS MILEAGE-SENIOR CENTER. 39.98
38659 YOUNG AUDIENCES OF MINNESOTA HISTORICAL CULTURE PERFORMANCE-PARKS AND 250.00
REC.
38660 CAROLYN BIEKER REFUND-SWIMMING LESSONS. 18.00
38661 BRETT BOOS REFUND-SWIMMING LESSONS. 24.00
38662 ESTER EGGERBRECHT REFUND-AQUAAEROBICS. 26.00
38663 ALICE HAUTERVILLE REFUND-SWIMMING LESSONS. 45.00
38664 WENDY HEYER REFUND-SWIMMING LESSONS. 24.00
38665 LYNN HOLBERG REFUND-SWIMMING LESSONS. 18.00
38666 MRS HUNTER REFUND-SKATING LESSONS. 26.15
38667 VOIV OUT CHECK 0.00
38668 PEGGY IRRTHUM REFUND-SWIMMING LESSONS. 24.00
38669 MRS. JUELICH REFUND-SWIMMING LESSONS. 18.00
38670 PETER LEUTHOLD REFUND-SWIMMING LESSONS. 42.00
38671 TERI MOORE REFUND-SWIMMING LESSONS. 18.00
38672 ANDREA MARTIN REFUND-SWIMMING LESSONS. 24.00
38673 LAURIE PEPPER REFUND-YOUTH SKI TRIP. 22.00
38674 LINDA ROBBINS REFUND-SWIMMING LESSONS. 24.00
38675 ERIC SIT REFUND-YOUTH SKI TRIP. 22.00
38676 JOANN SYVERSON REFUND-SWIMMING LESSONS. 24.00
38677 DEBRA TESKE REFUND-FIRST AID AND SAFETY. 91.00
38678 SARILYN ZINN REFUND-SKATING LESSONS. 30.25
38679 REHBEIN INC 1995 LIME RESIDUAL REMOVAL-CITY 14910.23
IMPROVEMENT CONTRACT.
38680 LUNDA CONSTRUCTION CITY IMPROVEMENT CONTRACT-DELL RD AND 31025.19
BRIDGE CONST.
38681 AFFILIATED EMERGENCY VET SVC PA SERVICES-ANIMAL CONTROL DEPT. 55.00
38682 AIR POWER EQUIPMENT CO SHOP REPAIR-FLEET SERVICES. 128.75
38683 ALARMEX WAREHOUSE REFUND FOR OVERPYMT FALSE SECURITY ALARM 100.00
USER FEES.
38684 AMERICAN COUNCIL OF LIFE INSURANC PUBLICATION-ASSESSING DEPT. 70.00
38685 AMERICAN LINEN DIRECT SALES UNIFORM EXPENSE-INSPECTIONS. 215.16
38686 AMERICAN LINEN SUPPLY CO SERVICE-LIQUOR STORES. 222.93
10860161
FEBRUARY 20, 1996 VI
38687 AMERICAN MGMT ASSOC MEMBERSHIP DUES-FINANCE DEPT. 165.00
38688 AMERICAN MGMT ASSOC MEMBERSHIP DUES-HUMAN RESOURCES. 165.00
38689 ANCHOR PAPER COMPANY PAPER-CITY HALL. 3048.93
38690 EARL F ANDERSEN & ASSOC INC SIGNS-STREET DEPT. 1326.48
38691 ANDERSONS GARDEN SUPPLIES-FIRE DEPT. 57.86
38692 KEN ANDERSON TRUCKINHG WILDLIFE DISPOSAL FOR JANUARY -ANIMAL 51.63
CONTROL DEPT.
38693 ASCAP DUES-COMMUNITY CENTER. 450.00
38694 ASPEN CARPET CLEANING CARPET CLEANING-FACILITIES. 416.00
38695 ASPEN EQUIPMENT COMPANY CUTTING EDGES PLOW BLADES-FLEET SERVICES. 578.61
38696 AT AND T SUPPLIES-COMMUNITY CENTER. 69.10
38697 AVW GROUP LIGHTING REPAIR-FACILITIES. 73.50
38698 BAKERS SQUARE REFUND FOR OVERPYMT FO FALSE SECURITY 149.00
ALARM USER FEES.
38699 BARKER HAMMER ASSOC INC MAINTENANCE SUPPLIES-FACILITIES. 154.91
38700 G JEFF BARTZ SERVICE-VOLLEYBALL/BASKETBALL/FOOTBALL 1738.00
OFFICIAL-FEES PAID.
38701 BAUER BUILT INC BATTERIES-FLEET SERVICES. 301.67
38702 BECKER ARENA PRODUCTS INC SUPPLIES-ICE ARENA COMMUNITY CENTER. 76.85
38703 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 1000.20
\ 38704 BENDING TECHNOLOGIES REFUND FOR OVERPYMT OF FALSE SECURITY 5.00
ALARM USER FEES.
38705 L.M CIT INSURANCE CLAIMS. 11532.83
38706 BFI TIRE RECYCLERS OF MN INC CAGE RENTAL-FLEET SERVICES. 30.00
38707 BIFFS INC SERVICE-PARK MAINTENANCE. 971 . 12
38708 BLACK & VEATCH SERVICE~ DESIGN. 147314.03
38709 CITY OF BLOOMINGTON DEC ANIMAL CONTROL BOARDING CHARGES AND 523.00
DISPOSAL.
38710 PAT BLUNT REIMBURSE FOR MILEAGE-FACILITIES. 2.80
38711 BORCHART STEEL INC BAR JOISTS-STREET MAINTENANCE. 85.20
38712 BRAUN INTERTEC CORPORATION PAVEMENT MGMT PROGRAM. 23863.10
38713 BRIN NORTHWESTERN GLASS SHOWER DOORS PLUS INSTALLATION-1334.00
FACILITIES.
38714 BRO-TEX INC SHOP SUPPLIES-FLEET SERVICES. 265.46
38715 B & STOOLS TOOLS-FLEET SERVICES/UTILITIES. 220.25
38716 BUMPER TO BUMPER CHANHASSEN SNOW BLADES/DOME LAMP MAP LT-FLEET 214.12
SERVICES.
38717 BETH AND MORLEY BURNETT REPLACE AND INSTALL AMP FOR SOUND SYSTEM-1191.67
COMMUNITY CENTER.
38718 CAPITOL COMMUNICATIONS PARTS AND REPAIRS PAGERS/MAINTENANCE 2568.99
CONTRACT-POLCE DEPT.
38719 CARGILL INCORPORATED DEICING SALT-STREET MAINTENANCE. 13038.26
38720 CARLSON COUNSELING & CONSULTATION SERVICE FOR OCT-DEC 95. 1490.00
38721 CARNEYS OFFICE FURNITURE FURNITURE-OUTDOOR CENTER. 2394.12
38722 CBI NA-CON INC FINAL PYMT FOR 2MM GALLON ELEVATED TANK. 45296.98
38723 CENTRAIRE INC SERVICE-EATON BLDG. 145.25
38724 CHANHASSEN LAWN & SPORTS CHAIN SAW-PARK MAINTENANCE. 1692.92
38725 JAKE CHRISTIANSON SERVICE-BASKETBALL OFFICIAL-FEES PAID. 76.50
38726 CITY COUNTY COMMUNICATIONS AND MA ANNUAL MEMBERSHIP DUES. 275.00
38727 CITIZEN LEAGUE PUBLICATION-CITY HALL. 40.00
26439334
FEBRUARY 20, 1996 VI
38728 C02 SERVICES C02-COMMUNITY CENTER. 39.61
38729 COMMUNICATIONS BRIEFINGS SUBCRIPTION RENEWAL-COMMUNICATIONS. 79.00
38730 COMMERCIAL SAW COMPANY SUPPLIES-PARK MAINTENANCE. 103.75
38731 COMPUTER CHEQUE OF MN INC QUARTERLY MEMBERSHIP-LIQUOR STORE III. 15.00
38732 CONNEY SAFETY PRODUCTS SUPPLIES-SAFETY DEPT/UTILITIES. 183.45
38733 CONTINENTAL SAFETY EQUIP INC RAIN GEAR-UTILITIES. 121.03
38734 COUNTY SEAT REFUND FOR OVERPYMT FO FALSE SECURITY 100.00
ALARM USER FEES.
38735 COpy EQUIPMENT INC ·SUPPLIES-ENGINEERING. 294.49
38736 CREATIVE CONCEPTS HUMAN RIGHTS AWARD PLAQUE-HUMAN RESOURCES. 94.53
38737 CROWN MARKING INC SUPPLIES-CITY HALL. 8.42
38738 CUB FOODS SUPPLIES-POLICE DEPT/FIRE DEPT. 432.23
38739 CURTIS 1000 INC UTILITY BILLING ENVELOPES. 4462.15
38740 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT FACILITY. 1684.76
38741 DALCO MAINTENANCE SUPPLIES-CITY HALL. 1261.85
38742 DANKO EMERGENCY EQUIPMENT CO SUPPLIES-FIRE DEPT. 12706.57
38743 DECORATIVE DESIGNS PLANT MAINTENANCE FOR FEBRUARY. 365.85
38744 DELEGARD TOOL CO SHOP SUPPLIES-FLEET SERVICES. 509.06
38745 GARY DIETHELM GRAVE OPENING. 130.00
38746 DIRECT SAFETY CO SAFETY SUPPLIES-UTILITIES. 215.00
38747 DRIVERS LICENSE GUIDE CO ID CHECKING GUIDE-LIQUOR STORES. 49.95
38748 EDEN PRAIRIE FORD VEHICLE PARTS AND SUPPLIES-FLEET 275.03
MAINTENANCE.
38749 CITY OF EDINA JAN WATER TESTING~ATER TREATMENT 280.00
FACILITY.
38750 EDEN PRAIRIE CHAMBER OF COMMERCE PARTICIPATION IN THE CHAMBER BUSINESS 15.00
EDUCATION EXCHANGE PROGRAM.
38751 EDEN PRAIRIE FIRE DEPT REIMBURSEMENT FOR CHILDRENS CHRISTMAS 2094.50
PARTY AND PICNIC.
38752 EDINA S W PLUMBING REPAIR WATER LEAK AT CITY OWNED HOUSE. 58.50
38753 SANDRA EHRICH MILEAGE REIMBURSEMENT-ADAPTIVE REC. 10.64
38754 ELVIN SAFETY SUPPLY INC STEEL TOE BOOTS-UTILTIES. 73.37
38755 ERICS BIKE SHOP REFUND FOR OVER PYMT OF FALSE ALARM USER 44.50
FEES.
38756 FACILITY SYSTEMS INC SUPPLIES-SENIOR CENTER. 30.03
38757 FAUVER SUPPLIES-UTILITIES. 146.30
38758 FEIST BLANCHARD BRAKE PADS AND SHOES-FLEET MAINTENANCE. 432.32
38759 FERRELLGAS PROPANE-COMMUNTIY CENTER. 61.29
38760 FIBROCOM SERVICE-POLICE DEPT. 398.99
38761 FISHER AGGREGATES INC FILL SAND-STREET MAINTENANCE. 149.83
38762 FLAGHOUSE INC SUPPLIES-YOUTH REC. 149.95
38763 FLAHERTYS HAPPY TYME CO SUPPLIES-LIQUOR STORE III. 261.00
38764 FLYING CLOUD ANIMAL HOSPITAL SERVICE-ANIMAL CONTROL DEPT. 21.25
38765 FUNK-HANECY DISTRIBUTERS INC HALL AND DESK WRAP-FIRE STATION. 400.00
38766 GARDNER HARDWARE CO VIBRATION ANALYSIS OF RINK REFRIGERATION 2705.60
SYSTEM.
38767 VOIV OUT CHECK . 0.00
38768 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-UTILITIES/FIRE DEPT. 481.20
38769 GLASS SERVICE COMPANY SERVICE-FACILITIES. 68.50
38770 GOODYEAR COMMERCIAL TIRE & SVC TIRES-FLEET MAINTENANCE. 2308.58
3332308
FEBRUARY 20, 1996 VI
38771 W W GRAINGER INC SUPPLIES-FIRE DEPT. 31.02
38772 MICHAEL HAMILTON SERVICE-BROOMBALL OFFICIAL-FEES PAID. 140.00
38773 HERC-U-LIFT VEHICLE REPAIR-FLEET SERVICE. 312.78
38774 HENNEPIN COUNTY SHERIFF DECEMBER BOOKING FEES-POLICE DEPT. 353.69
38775 HENNEPIN COUNTY TREASURER PROPERTY OWNERS LISTS-COMMUNITY 430.00
DEVELOPMENT.
38776 HENNEPIN COUNTY TREASURER WASTE MGMT FEE FOR JANUARY 1996. 49.45
38777 HENNEPIN TECHNICAL COLLEGE FIRE FIGHTER TRAINING-FIRE DEPT. 340.80
38778 HENNEPIN COUNTY 1996 TRUTH IN TAXATION NOTICES-MAILING 2708.55
COSTS.
38779 JOHN CARTER HOLMES SERVICE-VOLLEYBALL/BASKETBALL OFFICIAL-636.00
FEES PAID.
38780 TOM HOLMES SERVICE-BASKETBALL OFFICIAL-FEES PAID. 490.00
38781 HOSP SUPPLY SUPPLIES~ATER TREATMENT FACILITY. 42.20
38782 HYDRAULIC SERVICES PARTS-FLEET MAINTENANCE. 137.09
38783 INDUSTRIAL LIGHTING SUPPLY INC LIGHTING SUPPLIES-UTILITIES. 445.25
38784 INSTITUTE OF POLICE TECHNOLOGY SUPPLIES-POLICE DEPT. 78.50
38785 INACOM CORPORATION SUPPLIES-COMMUNICATIONS. 351.27
38786 INTERSTATE DETROIT DIESEL INC SHOP SUPPLIES-FLEET SERVICES. 520.64
38787 BRENVA JERVE SERVICE-VOLLEYBALL OFFICIAL-FEES PAID. 558.00
38788 JOHNSON CONTROLS BOILER REPAIR-COMMUNITY CENTER. 1000.00
38789 JPM GVOO17 ART IN CITY HALL HOOKS. 26.63
38790 J AND R RADIATOR CORP SUPPLIES-FLEET MAINTENANCE. 68.00
38791 JUSTUS LUMBER CO WOOD-STREET DEPT/UTILITIES. 121 . 17
38792 LAKE COUNTRY DOOR REPAIRS-FACILITIES. 359.50
38793 LAKELAND FORD TRUCK SALES INC PARTS-FLEET SERVICES. 433.59
38794 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 2197.20
38795 LERN PUBLICATIONS-SENIOR CENTER. 64.90
38796 LAB SAFETY SUPPLY SUPPLIES-UTILITIES. 254.45
38797 LYMAN LUMBER CO CEDER-STREET DEPT. 13.94
38798 MACQUEEN EQUIPMENT INC HYDR MOTOR-FLEET SERVICES. 604.36
38799 MASTER CRAFT LABELS BADGES-POLICE DEPT. 289.95
38800 MARKET WATCH SUBCRIPTION-LIQUOR STORE III. 60.00
38801 MASEYS CORP MAINTENANCE AGREEMENT-POLICE DEPT. 1429.70
38802 MAXI-PRINT INC DISPATCH LOGS-POLICE DEPT. 31.52
38803 MEDICAL PRODUCTS DEFIBRILLATOR-FIRE DEPT. 11200.00
38804 MENARDS SUPPLIES-STREET MAINTENANCE/PARKS/ 106.21
FACILITIES.
38805 METRO PAINTING AND DECORATING PAINTING IN CITY HALL-FACILITIES. 1820.00
38806 METROPOLITAN AREA MGMT ASSOS 1996-1997 SUBCRIPTION SERVICE. 4752.00
38807 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL. 2126.24
38808 MIDWEST FIRE PROTECTION REIMBURSE FOR METER PURCHASE-SENIOR 95.00
CENTER.
38809 UNIVERSITY OF MISSOURI CONFERENCE EXPENSE-ADAPTIVE REC. 140.00
38810 MINNESOTA BUSINESS FORMS SUPPLIES-FINANCE. 49.04
38811 MINNESOTA BLUEPRINT SUPPLIES-ENGINEERING. 237.42
38812 BCA TRAINING AND DEVELOPMENT SECT TRAINING-POLICE DEPT. 120.00
38813 MINNESOTA UC FUND UC FUND 4TH QRT 95. 651.30
38814 DEPT OF PUBLIC SAFETY 4TH QRT 1995-POLICE DEPT. 990.00
38815 MINNESOTA SAFETY COUNCIL MEMBERSHIP DUES. 125.00
3699236
q
FEBRUARY 20, 1996 VI
38816 MINNESOTA SAFETY COUNCIL MEETING EXPENSE-SAFETY DEPT. 20.00
38817 MN TROPHIES AND GIFTS PLAQUE-POLICE DEPT. 82.16
38818 MINUTEMAN PRESS RECEIPTS-COMMUNITY CENTER. 106.13
38819 MrI DISTRIBUTING CO PARTS-FLEET MAINTENANCE. 140.82
38820 MOORE MEDICAL CORP FIRST AID SUPPLIES-FIRE DEPT. 334.50
38821 MrS NORTHWEST SOUND INC CLOSED CIRCUIT VIDEO SYSTEM-POLICE DEPT. 5026.95
38822 WM MUELLER & SONS INC GRAVEL-STREET MAINTENANCE. 5057.57
38823 MUNICI PALS 1996-97 MEMBERSHIP DUES. 10.00
38824 NATIONAL CAMERA EXCHANGE REPAIR-POLICE DEPT. 90.00
38825 DESIGNS BY NORVELL INC SUPPLIES-POLICE DEPT. 59.59
38826 NORTH STAR ICE SUPPLIES-LIQUOR STORES. 192.66
38827 NORTHERN SUPPLIES-STREET DEPT. 142.69
38828 NORTHERN WATER WORKS SUPPLY SUPPLIES-UTILITIES. 209.41
38829 NORTHLAND BUSINESS SYSTEMS INC FACSIMILI PAPER AND INK-CITY HALL. 259.21
38830 NORWEST BANK MN NA PAYING AGENT FEES. 1400.00
38831 OFFICE MAX SUPPLIES-STREETS/FLEET SERVICES. 209.08
38832 OHLIN SALES INC BATTERYS-POLICE DEPT. 375.98
38833 OLSONS CONTRACTORS SUPPLY LADDER-FIRE DEPT. 410.00
38834 OLSEN CHAIN & CABLE CO INC CHAINS/LINKS/ROPES/MISC SUPPLIES-FLEET 999.98
MAINTENANCE.
38835 OPM INFORMATION SYSTEMS COMPUTER SUPPLIES-FINANCE. 43.21
38836 PALM BROTHERS STACKING CHAIRS-CITY HALL. 616.10
38837 PARAGON CABLE SERVICE-CITY HALL. 17.95
38838 PARK NICOLLET MEDICAL CENTER HEALTH SERVICES-VACCINES. 867.40
38839 PINNACLE DISTRIBUTING SUPPLIES-LIQUOR STORES. 404.50
38840 PITNEY BOWES INC EQUIPMENT MAINTENANCE-FOLDING MACHINE. 354.00
38841 VOIV OUT CHECK 0.00
38842 POETICO COMPUTERS II INC COMPUTER-CITY MANAGER. 2339.81
38843 PRAIRIE ELECTRIC COMPANY INC REPAIRS-COMMUNITY CENTER/UTILITIES. 809.11
38844 . 0.00
38845 PRAIRIE LAWN & GARDEN REPAIRS TO GAS BLOWER/PRUNER/DRIVE 700.29
STARTER-UTILITIES/FLEET MAINTENANCE/
STREETS.
38846 PRAIRIE OFFSET PRINTING CALENDERS/STATIONARY-COMMUNICATIONS/CITY 1082.20
HALL.
38847 PRINTERS SERVICE INC MAINTENANCE-COMMUNITY CENTER. 120.00
38848 PRO SOURCE FITNESS KNOBS-COMMUNITY CENTER. 11.39
38849 QUALITY WASTE CONTROL INC FEBRUARY WASTE DISPOSAL-STORAGE BLDG/SR 446.00
CTR/STREET DEPT/FIRE I II III.
38850 RADIO SHACK RECORDER-POLICE DEPT. 110.50
38851 BRAD RAGAN INC TIRE REPAIRS-FLEET MAINTENANCE. 247.66
38852 RC IDENTIFICATIONS CREDIT CARD POUCHES. 113.96
38853 RDO EQUIPMENT CO CARBINE EDGES/ICE CUTTING EDGES/FUEL PUMP 668.02
AND GASKET-FLEET MAINTENANCE.
38854 RDO EQUIPMENT CO ICE CUTTING EDGE-FLEET SERVICES. 1797.63
38855 REAL ESTATE GRAPHICS INC SIGNS-ASSESSING. 47.41
38856 RECYCLING ASSOCIATION OF MN MEMBERSHIP RECYCLING ASSOC OF MN. 110.00
38857 RESCUE MAGAZINE SUBCRIPTION-FIRE DEPT. 44.85
38858 RESPOND SYSTEMS SAFETY EQUIPMENT-SAFETY DEPT. 131.31
38859 RETAIL DATA SYSTEMS REFUND FOR OVERPYMr OF FALSE ALARM USER 105.00
FEES.
2631503
10
FEBRUARY 20, 1996
38860
38861
38862
38863
38864
38865
38866
38867
38868
38869
38870
38871
38872
38873
38874
38875
38876
38877
38878
THE RETAIL MARKETING GROUP
REVERE
RESCUE ONE INC
RICMAR INDUSTRIES
RITZ CAMERA
ADVERTISING-LIQUOR STORES.
SUPPLIES-UTILITIES.
REPAIR OF CUTTER-FIRE DEPT.
MIRACLE MELT-FACILITIES.
FILM AND FILM DEVELOPING-COMMUNITY
DEVELOPMENT/PARKS/STREETS/FILM AND FILM
DEVELOPING-COMMUNITY DEVELOPMENT/PARKS/
STREETS.
ROBBINSDALE FARM GARDEN PET SUPPL DOGFOOD-POLICE DEPT.
R & R SPECIALTIES INC MAINTENANCE-COMMUNITY CENTER.
SANCO INC MAINTENANCE SUPPLIES-FACILITIES.
KENNETH FOXWORTH SPEAKER MLK CELEBRATION.
SBS SOFTWARE CO ANNUAL SUPPORT.
SENIOR COMMUNITY SERVICES SENIOR OUTREACH SERVICES 4TH QRT 1995.
ALAN SHILEPSKY CONSULTING INC SERVICE-COMPUTER SYSTEM-FLEET SERVICES.
CITY OF SHOREVIEW MUNICIPAL LEGISLATIVE COMMISSION
SIGNUM GRAPHIC SYSTEMS
SIMON ANN SCHUSTER
W GORDON SMITH CO
SNAP-ON TOOLS CORPORATION
SNELL MECHANICAL INC
MEMBERSHIP DUES.
SUPPLIES-PARK MAINTENANCE.
PUBLICATION-POLICE DEPT.
GEAR OIL-FLEET SERVICES.
SERVICE-VOLLEYBALL OFFICIAL-FEES PAID.
SHOP TOOLS-FLEET MAINTENANCE.
SERVICE-AIR HANDLERS RINKS 1 AND 2-
COMMUNITY CENTER.
38879 SOUTH HENNEPIN REGIONAL PLANNING 4TH QRT 1995 FAMILY SERVICES
38880
38881
38882
38883
38884
38885
38886
38887
38888
38889
38890
38891
38892
38893
COLLABORATIVE.
SOUTH TOWN REFRIGERATION INC REPAIR COOLER-LIQUOR STORE I.
SOUTHWEST CONTRACTORS SUPPLY LADDER-UTILITIES.
SOUTHWEST SUBURBAN PUBLISH INC LEGAL ADVERTISING-CITY HALL.
SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT AD-HUMAN RESOURCES.
STAR TRIBUNE SUNDAY PAPERS FOR RESALE.
SPORTSWORLD UNIFORMS-ORGANIZED ATHLETICS.
STREICHERS PROFESSIONAL POLICE EQ UNIFORM EXPENSE-POLICE DEPT.
STOREFRONT/YOUTH ACTION INC 4TH QRT 1995 YOUTH COUNSELING.
STRINGER BUSINESS SYSTEMS INC MAINTENANCE CONTRACT COPIER-CITY HALL.
SUBURBAN CHEVROLET VEHICLE PARTS-FLEET MAINTENANCE.
SUPERIOR FORD VEHICLE REPAIR-FLEET MAINTENANCE.
SUPERIOR PRODUCTS MFG CO SUPPLIES-LIQUOR STORE I.
SYSTECH SERVICES COMPUTER SUPPORT-POLICE DEPT.
TEAM LABORATORY CHEMICAL CORP FLOATING LIFT SATATION DEGREASER-
UTILITIES.
38894 TIE SYSTEMS INC OF MN MAINTENANCE COMMUNICATION SYSTEM-
COMMUNITY CENTER/CITY HALL.
PAPER-CITY HALL. 38895 TURNQUIST INC
38896 TWIN CITY FEDERAL
38897 TWIN CITY OXYGEN CO
38898 TWIN CITY VACUUM
38899 THIRTY THREE MINUTE PHOTO
3482957
REFUND FOR OVERPYMT FO FALSE SECURITY
ALARM USER FEES.
CHEMICALS-FIRE DEPT/FLEET MAINTENANCE.
SUPPLIES-FACILITIES.
FILM AND FILM DEVELOPING-POLICE DEPT/
COMMUNICATIONS/INSPECTIONS/PLANNING/
ASSESSING.
/1
VI
50.00
291.54
159.75
886.16
114.78
248.89
212.33
796.43
250.00
79.87
3250.00
352.50
12000.00
149.10
9.36
862.68
504.00
196.46
174.70
4350.00
216.15
105.44
791.13
105.00
29.20
244.10
1486.7.8
1287.50
121.95
233.40
656.82
243.89
120.00
1730.63
753.00
743.80
100.00
107.60
504.82
309.81
-----------------------------
FEBRUARY 20, 1996
38900 UNIFORMS UNLIMITED
38901 UNLIMITED SUPPLIES INC
38902 US CAVALRY
38903 VOSS LIGHTING
38904 WALMART
38905 WAL-MART STORE 1855
38906 WASTE MGMT SAVAGE
38907 WATERPRO
38908 WATER SPECIALTY OF MN-INC
38909 WBCS
38910 WEATHER WATCH INC
38911 WEST WELD
38912 WEYERHAEUSER
38913 WILSON LEARNING
38914 ZACKS INC
38915 ZEE MEDICAL SERVICE
38916 ZEP MANUFACTURING COMPANY
38917 ZIEGLER INC
38918 ZIEGLER INC
37442 VOID OUT CHECK
38080 VOID OUT CHECK
38087 VOID OUT CHECK
38092 VOID OUT CHECK
38141 VOID OUT CHECK
462261
UNIFORM EXPENSE-POLICE DEPT.
SHOP SUPPLIES-FLEET SERVICES.
POUCHES-POLICE DEPT.
LIGHTING SUPPLIES-CCOMMUNITY CENTER.
REFUND FOR OVERPYMT OF FALSE SECURITY
ALARM USER FEES/'.
CAMERA-POLICE DEPT.
WASTE DISPOSAL LIQUOR STORE I.
SUPPLIES-UTILITIES.
CHEMICALS-COMMUNITY CENTER POOL/CHEMICALS-
COMMUNITY CENTER POOL.
GRANT APPLICATION.
SERVICE FOR THE MONTH OF FEBRUARY.
SHOP SUPPLIES-FLEET SERVICES.
RENTAL FEE-COMMUNITY CENTER.
REFUND OF OVERPYMT OF FALSE SECURITY
ALARM USER FEES.
SUPPLIES-UTILITIES.
FIRST AID SUPPLIES-COMMUNITY CENTER/PARKS/
STREETS.
STOCK SHOP SUPPLIES-FLEET SERVICES.
WELL 7 INSPECTION.
WELL 6 INSPECTION.
12.
VI
20.00
24.81
27.85
416.03
24.65
105.35
91.96
6519.84
396.01
50.00
150.00
589.34
40.00
100.00
191.27
190.47
249.48
410.00
410.00
776.45-
200.00-
175.00-
24.95-
4208.05-
$1408129.32
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96
SECTION: Ordinances and Resolutions ITEM NO. VII. A.
DEPARTMENT: Parks. ITEM DESCRIPTION: First Reading of Ordinance Amending City Code
Recreation and Facilities Chapter 6 by Amending Section 6.06, Subd 5 Relating to the Placement of
Robert A. Lambert. Director Snow or Ice in a Public Right-of-way
~
BACKGROUND:
As the' City trail and sidewalk system continues to expand, the City is experiencing a growing number of
problem areas, mostly adjacent to commercial parking lots, whcre snow from parking lots is being dumped
on City sidewalks and trails within the City right-of-way. The majority of these problem areas occur when
contractors arc hired to clean parking lots and they simply dump the snow at the most convenient location.
The existing City Code restricts "placing snow or ice in a roadway." City staff would like to change the Code
to strike the word "roadway" and add public right-of-way in Section 1. Subd. 5, and also add the following
language under Section 2: "It is a misdemeanor for any person not acting under a specific contract with the
City or without special permission from the Director of Public Works to remove snow or ice from private
property and cause the same to obstruct, encroach upon, encumber, or interfere wholly or partially, with any
public right-of-way. including by not limited to, a public roadway, walkway. bike or trail way. casement. park
or other public property. The City may remove any such obstruction and assess the cost thereof against the
abutting property."
Once this ordinance is approved. City staff would notify all property owners who are violating this ordinance
and request that they notify their contractors' they are no longer able to place snow on the public sidewalks
adjacent to their parking lots.
This change in the ordinance will greatly reduce the time it takes the City to remove from sidewalks. thus
maintaining a safe pedestrian system within the commercial, industrial and office areas within the community.
REQUEST:
City staff request approval of the attached draft ordinance amending the title of Section 6.06. Subd. 5
Relating to Placing Snow or lee in a Public Right-of-way.
BL:mdd
AmendOrdlBob96
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -96
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 6 BY AMENDING SECTION 6.06, SUBDIVISION 5 RELATING TO
PLACING SNOW OR ICE IN A PUBLIC RIGHT OF WAY.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. The City Code is amended by amending the Title
of' Section 6.06, Subdivision 5 in its entirety as follows:
"Subd. 5. Placing Snow or Ice in a Road" .. ayPuhlit:>·R~9"lltf.(:);S
XJay."
Section 2. The City Code is amended by amending Section
6.06 Subdivision S.A. in its entirety as follows:
"A. It is a misdemeanor for any person not acting under a
specific contract with the City or without special
permission from the Director of Public Works to remove
snow or ice from private property and place the same in
anyroad'.my and cause the same toobstruct,enpl:'0ach
upon; encumber ,or interfere wholly.qrpartial];¥i.with
any public.' right-of -way,including butnotlimitedt.o/a
public roadway ,.walkway,bikeor trailway, easen1.eptl'paik.
or other public property. The Ci.ty may remove any s.uch
obs truction/and. assess thecostthereofagafnstl:;he
abutting property ." ' ...... .
Section 3. City Code Chapter 1 entitled "General provisions
and Defini tions Applicable to the Entire Ci ty Code Including
Penalty for Violation" and Section 6.99 entitled "Violation a
Misdemeanor or Petty Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
Section 4. This ordinance shall become effective from and
after its passge 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 -------day of _______________________________ , 1996.
2.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96
SECTION: REPORTS OF COMMISSIONS ITEM NO. ]J. A AND BOARDS
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger 3rd Quarterly Report from Senior Issues Task Force
Jean Johnson
Requested Council Action:
Receive and discuss ...
Background:
The Senior Issues Task Force is reporting quarterly to the City Council ..
Task Force Focus: Needs of Seniors in the year 2020, Long Range Planning Strategy.
Supporting Reports:
Third Quarterly Report dated February 13, 1996,
I
TO: MAYOR AND CITY COUNCIL
FROM: SENIOR ISSUES TASK FORCE
DATE: FEB. 13,1996
SENIOR ISSUES TASK FORCE
THIRD QUARTERLY REPORT TO CITY COUNCIL
Because 0 f the v.,'ea t her and ho I idays , two 0 f our meet ings ~h'ere
canceled this quarter. (We ordinarily meet tlvice monthly.)
Nonetheless we are making progress to~ard our goals and feel that
we are on target for a final report in October. The Task Force
continues to feel challenged b,,' the task set out by the City
Courlcil. Attendance remains good and participation is excellent.
The Task Force has spent
discussing the findings of
explorations of the members.
~o discuss volunteerism amone
from "Volunteer Connections".
Lts time mostly on conversation,
its sub-committees and personal
PRt ~ash arranged for the committee
seniors with a kno~ledgeable guest
I)~1f19J{r,?"pb~~c::~ .-\ sub-committ,ee consisting of ;-'iarv Coffer and Ron
Case has been working on demographics and has presented its
impressive preliminary demographics report. It suggests that by
year 2015 the Eden Prairie population over age 65 will be 10,620 --
16.3% of the anticipated total population of 65,000. That compares
to a probable current populatlon in that same age category of just
o\"e1' 20C)O. The demographics report I,ill be revised as necessar v ,
btl tit, \"0111 d appear that the conc L us ions are gu i te sol id and
conslstent with demographic p~ocesses anll estimates made by other
bodies locally and in the region. From those data, the Task Force
will be able to estimate the probable size in 2015 of the frail and
disabled populations that present the greatest challenges.
fJ·~iJ._gl(teK1Y Another sub-co:nmi t tee cons istin~ of Sand;,--Werts and
gette Anderson have been looking-at the issues of greatest concern
to tbe frail elderly. The~' have been identifying the resources
most commonly u~ed by Eden Prairie's current senior population.
There is a feeling that educational, physical and financial
resources of the baby boomer population may succeed in pushing back
the advent of frailty in the a~ing, but once there, the issues and
needs are likely to be the same as now.
H.q!L~igg In an ambitious personal effort, Dick Brown contacted Eden
Prairie apartment complex managers and determined that about one
third of the current Eden Prairie senior population (over 65) lives
in apartments. Barbara Buehl and Bill Jackson have also been
working on housing issues. Although our con"versations from the
outset have frequently dealt with housing, the sub-committee will
soon be brin~ing the issues to the full Task Force to reach some
conclusions and develop recommendations.
Other sub-committees continue to explore other issues that cover a
broad range of topics.
2
S.urY:~.Y_~
materials
The
in
Task Force is llsin2;
its deliberations.
Eden Prai r ie
We expect to
resident survey
have three main
sources:
The Decision Resources telephone poll commissioned by the City
last summer -We have asked for responses to the City-wide
po 11 to be broken do,·m by age categories so that we can
interpret satisfaction and needs of the current senior
population and identify differences in attitucies among the
baby boomer population that will have retired or moved into
Eden Prairie's senior age group by the year 2015.
A questionnaire mailed to all residents with the latest
newsletter, by the Housin~, Transportation and Human Services
Council This questionnaire 'vas amended to include some
questions of particular interest to our Task Force.
Findings from upcoming discussions by focus groups selected
from today' s senior res ident population The Task Force
wishes to identify senior concerns that might be of interest
today with the intent to project a future need.
ME'!_tJ~QP_()L!Ja!l~r~a AMnc:x_on Aging~c:_t_i vi ty Bette Anderson has been
Liaison with the Task Force and City on a pilot project on
Information and Referral for seniors that is being undertaken as an
outcome of the hi~hly regarded "Generations Report" by the
Metropolitan Area Agency on Aging. Conversations are under way
among providers of senior services in South Hennepin to identify
resources and consider coordination with the Family Services
Collaborative currently under development.
Committee:
Ron Case, Bette Anderson, co-chairs; Mel issa Beckmann; Richard
Brown; Barbara Buehl; Marvin Cofer; William Jackson; Pat Nash;
Sandy Werts; Jean Johnson, staff
.. -~----------------------------------
CITY COUNCIL AGENDA DATE: February 20, 1996
SECTION: Reports from Commissions and Boards
DEPARTMENT: ITEM DESCRIPTION: ITEM NO:
Community Development Preliminary ffB Chris Enger Recommendations from
David Lindahl HTSSB for Habitat for
Humanity Housing Project.
REQUESTED COUNCIL ACTION:
Adopt recommendations from the Housing, Transportation, and Social Services Board (HTSSB) regarding
how the City participates in developing affordable single family detached housing.
BACKGROUND:
The City Council at their January 16, 1996 meeting asked the Housing, Transportation, and Social Services
Board (HTSSB) to consider how the City could assist in finding property for the construction of an affordable
single family house in Eden Prairie. The home is proposed to be built through a joint effort between the
Common Ground Church Consortium and Twin Cities Habitat for Humanity.
A summary of the recommendations is as follows:
1) Support efforts of any organization seeking to provide affordable single family housing in Eden Prairie.
Affordable in this case should be defined as serving persons with incomes below 80% of the median
income for the metro area which is as follows:
Household Income
Size Limit
One $29,100
Two $33,300
Three $37,450
Four $41,600
Five $44,950
Six $48,250
2) Set aside $20,000 to 30,000 in 1996 Community Development Block Grant funds to be used to help
facilitate the construction of affordable single family homes in any of the following ways:
Help write down the cost of a single lot -or acquire a single lot.
Help write down the cost of a parcel ofland to be platted into lots for affordable single family
homes.
Help pay down outstanding assessments on tax forfeit lots.
In any case, the City should limit the amount financial assistance it targets to anyone person, family,
or housing unit, to $15,000. The City should attempt to help as many families as possible with the
I
limited resources it has available for housing related activities. The recently approved Columbine
Townhouse development involved a total of $15,000 per unit in CDBG and Tax Increment funds
provided by the City to help provide affordable rents for thirty years.
As with the Columbine project, and all other City housing programs, any funds used by the City or
BRA for housing purposes should be provided as low interest or interest free deferred loans to be
repaid to the City at some future date (usually when the homes are sold). This will insure that these
funds can be used again to help with other housing initiatives.
3) The City should attempt to fmd sites for affordable single family homes that fit with existing adjacent
homes in terms of architecture and value.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Housing, Transportation, and Social Services Board (HTSSB)
February 13, 1996
Preliminary Recommendations regarding the City's Participation
in a Habitat for Humanity Project.
The Housing, Transportation, and Social Services Board (HTSSB) supports the efforts of
any organization, private or public, seeking to build affordable single family detached
housing in Eden Prairie. It recognizes that high land costs in Eden Prairie prohibit the
private sector from building lower cost single family housing without a certain level of
public participation.
From 1986 to 1990 the City helped lower-income persons purchase single family homes
in Eden Prairie by providing Community Development Block Grant (CDBG) loans of up
to $10,000 per buyer. Since then the City has been participating in the Minnesota
Housing Finance Agency's (MHFA) first time buyer program, which provides low interest
mortgages to qualified buyers for the purchase of homes under the price of $95,000. The
problem in recent years is that there are few if any single family detached homes for sale
in Eden Prairie for less than $95,000. The request made to the City Council from the
Common Ground Church Consortium was to provide a lot or land for affordable single
family homes to be constructed through a joint effort between the churches and Twin Cities
Habitat for Humanity organization. City staff has been unable to identify any City property
available for this purpose. The HTSSB has examined other options for how the City could
assist in this effort and recommend the following:
1) Support efforts of any organization seeking to provide affordable single family
housing in Eden Prairie. Affordable in this case should be defined as serving
persons with incomes below 80% of the median income for the metro area which
is as follows:
Household
Size
One
Two
Three
Four
Five
Six
Income
Limit
$29,100
$33,300
$37,450
$41,600
$44,950
$48,250
------------------- -
2) Set aside $20,000 to 30,000 in 1996 Community Development Block Grant funds
to be used to help facilitate the construction of affordable single family homes in
any of the following ways:
Help write down the cost of a single lot -or acquire a single lot.
Help write down the cost of a parcel of land to be platted into lots for
affordable single family homes.
Help pay down outstanding assessments on tax forfeit lots.
In any case, the City should limit the amount financial assistance it targets to any
one person, family, or housing unit, to $15,000. The City should attempt to help as
many families as possible with the limited resources it has available for housing
related activities. The recently approved Columbine Townhouse development
involved a total of $15,000 per unit in CDBG and Tax Increment funds provided by
the City to help provide affordable rents for thirty years.
As with the Columbine project, and all other City housing programs, any funds used
by the City or HRA for housing purposes should be provided as low interest or
interest free deferred loans to be repaid to the City at some future date (usually
when the homes are sold). This will insure that these funds can be used again to
help with other housing initiatives.
3) The City should attempt to find sites for affordable single family homes that fit with
existing adjacent homes in terms of architecture and value.
The HTSSB will be forwarding recommendations to the City Council to consider at the
March 12, 1996 meeting as to how the 1996 CDBG allocation might be used. These
recommendations will include setting aside funds for affordable single family homes as
proposed above.
02/14/96 WED 10:24 FAX
•
wuaT I. LANe
\lO()611 A. PAULY
DAVID H. (J~(;ekJ;O"'.
lUOLUll F. R.Q.WW
MAlUt I •. "'I4NRON
,lo81'.J'H A. NIl.AN-
SUSAN' M. LACU-
WIT.I.lAM 11.. MIU.E1l
TODD A. 3ATILhil
JENNlPIiIl M. lNl!
Ci$.AiNT D. POW1!U.
MlCHllLLt: L. II,OGNT.lJl.N
-Alilft AdI'It,tteci 11I WIIOOCWD '·"'00 Adm_ ill Caiando
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
FAX LC7000
LANG~ PAULY & GREGERSON, LTD.
A'.-rORNEYS AT LAW
FIRST BANK PLACE
1600 IBM PARK BUILDING
650 TUIRD AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55402-4337
TELEPHONE: (612) 338·0755
FAX: (612) 349·6718
MEMORANDUM
MAYOR AND CITY COUNCIL
CARL JULLIE. CITY MANAGER
RlCHARD F. ROSOW
February 13, 1996
USE OF TAX FORFEITED PROPERTY
ISSUE
EDEN l'IlAlRU} OPfll'CE
8llmnu
~ PUDll2 CI!N1t!1 DlUVE
w~ 1'1l.A1lUI!. MINNJiSOTA S5)o14
Tl!LEPHONl!: (612)Il9-HS5
FAX: (6121I:l!l-On~
\U!1ILY TO MINN~I» OI'l'fCl!
Whether the City and/or tbe Housing and Redevelopment Authority in and for the City
(HRA) may acquire a parcel of tax forfeited property and convey that parcel to an individual or
entity ror the construction of a residence that would be owned by an individual or family of low
or moderate incom~?
LANG, PAULY & GREGERSON, LTD.
Mayor and City Council
February 13, 1996
Page 2
FACTS
I understand that the lot in question has $30,000.00 of special assessments levied against
it and an assessed value of $10,000.00. In addition, the lot has poor soils and that soil correction
is necessary in order for a development to take place. The City is a subrecipient of Community
Development Block Grants (CDBG) under an agreement with Hennepin County, which funds are
available for use in connection with the City's involvement with this property. Hennepin County
is the recipient of the grant through the Department of Housing and Urban Development.
SUMMARY
As set forth in more detail below:
1. The City or the BRA may acquire the tax forfeited land directly from the County
by paying an amount determined by the County to be not less than the property's
value.
2. The HRA may acquire the vacant property to construct residence or to provide for
its construction and to pay for site preparation costs.
3. The BRA may convey the property directly to private individuals or other entities
at a price that shall take into consideration the estimated fair market value of
cleared land or may convey the property to persons or families of low and
LANG, PAULY & GREGERSON, LTD.
Mayor and City Council
February 13, 1996
Page 3
income at a price which may take into consideration the estimated fair market
value of the real estate.
DISCUSION
Acquisition of Tax Forfeited Property
Under Minnesota Statutes §282.0 1 either the City or the HRA is qualified to apply for and
receive a conveyance of tax forfeited property. Under §282.0l, Subd. 1, if the City or HRA
desires to acquire any parcel lying within the City, it must file a written application with the
County to withhold the parcel from public sale. The application must be filed within 90 days
of the request made by the County for classification and sale. The County then is required to
withhold the parcel from public sale for a year.
Under §282.01, Subd. la, two different methods of conveyance are specified. First, the
property may be sold by the County Board to the City or the HRA for any public purpose for
which that unit of government is authorized to acquire property. The property is then conveyed
at a price "not less than their value as determined by the County Board." The second method
of acquiring the property allows the City or HRA to receive the property without the payment
of consideration. This method requires that the Commissioner of Revenue convey by deed in the
7
LANG, PAULY & GREGERSON, LTD.
Mayor and City Council
February 13, 1996
Page 4
name of the State the property held in trust to a governmental subdivision "for an authorized
public use." An application must be made to the Commissioner which includes a statement of
facts as to the use to be made of the property, the need for the property and the recommendation
of the County Board.
The deed received from the Commissioner of Revenue contains a requirement that the
property must continue to be used for the purposes stated in the application. [§ 282.01, Subd.
1 c] If property that has been conveyed for a specific purpose is no longer put to that purpose,
the governing body is required to convey the land back to the State of Minnesota. However,
"a sale, lease, transfer or other conveyance of tax forfeited lands by a housing and
redevelopment authority .... or a city authorized by Chapter 469 is not an abandonment
of use and the land shall not be reconveyed to the State nor shall they revert to the State. II
[§282.0l, Subd. Id]
I have discussed with Hennepin County Tax Forfeit Department the acquisition of
property from the County by either the City or the HRA under §282.0 1. I am informed that most
cities use the first method of acquisition, that is, by payment of the value as determined by the
County Board. The Tax Forfeit Department was not aware of any City acquiring property for
a housing use by means of the second method, that is, a deed from the Commissioner. Further,
the Hennepin County Attorney's Office informs me that the County cannot convey property to
an HRA by way of this second method if the property is to be reconveyed to a private individual
LANG, PAULY & GREGERSON, LTD.
Mayor and City Council
February 13, 1996
Page 5
or entity for redevelopment. Various opinions of the State Attorney General identify a two prong
test for the conveyance of tax forfeited property. The property must (i) be used for a public
purpose and (ii) be available for public use. Although acquisition of the property and
redevelopment by or through the HRA is a public purpose, the conveyance of the property to a
private developer or family means that the property is no longer available for public use. As a
result of this the County Attorney concludes that the second method of conveyance whereby no
consideration is paid is not available.
I am further informed that the value the County sets on the property is considered quite
reasonable and that the county does not attempt to extract what the marketplace would consider
fair market value.
Conveyance to the City
If the property is conveyed directly to the City, the City is granted authority under
Minnesota Statutes §465.035 to convey the property to the HRA. The Statute provides:
"Any county, town, city or other public corporation may lease or convey its lands for
nominal consideration, without consideration or for such consideration as may be agreed
upon to .... any governmental subdivision .... another public corporation .... for public use
when authorized by its governing body."
The attorney general has issued an opinion stating that under the previous version of this statute,
a village council could convey property owned by it to a local redevelopment agency for
LANG, PAULY & GREGERSON, LTD.
Mayor and City Council
February 13, 1996
Page 6
purposes of the State Area Redevelopment Act, §472.01. [Op.Att.Gen., 471 F, March 20, 1963]
Section 472 has been repealed and the authority provided in that Chapter is now provided in
Chapter 469.
Use and Conveyance of the Property by the HRA
One of the purposes of the HRA is to provide "a sufficient supply of adequate, safe and
sanitary dwellings in order to protect the health, safety, morals and welfare of the citizens of this
state and to remedy the shortage of housing for low and moderate income residents." [§ 469.001]
In reviewing the powers of an HRA, several terms are important to define.
A "Project" means a housing project, housing development project or a redevelopment
project. The term Project may also be applied to all real and personal property, assets, cash or
other funds held or used in conjunction with the development or operation of the Project.
[§469.002, Subd. 12]
A "Housing Project" means any work or undertaking to provide decent, safe and sanitary
dwellings for persons of low income and their families. Such work may include acquisition or
provisions of buildings, land, equipment, facilities and other real and personal property necessary
or convenient, or desirable appurtenances, streets, sewers, water services, utilities, site
preparation, landscaping, administrative, community, health, recreational, welfare or other
purposes. A Housing Project also includes the planning of the buildings and improvements, the
10
LANG, PAULY & GREGERSON, LTD.
Mayor and City Council
February 13, 1996
Page 7
acquisition of the property, the construction, reconstruction, alteration and repair of the
improvements and all other work in connection therewith. [§ 469.02, Subd. 13]
A "Housing development project" is any work or undertaking to provide housing for
persons of moderate income and their families. The work includes all the items stated above for
a housing project. [§469.02, Subd. 15]
A "Redevelopment project" means any work to acquire blighted areas of other real
property for purpose of removing, preventing or reducing blight; (ii) to clear any areas acquired
and install, construct or reconstruct streets , utilities, and site improvements essential to the
preparation of the sites for use in accordance with the redevelopment plan; (iii) to sell or lease
land so acquired for uses in accordance with the redevelopment plan; (iv) to prepare a
redevelopment plans to incur planning, survey and other administrative costs and to prepare
technical and financial plans for buildings and improvements and all other work in connection
therewith or (v) to conduct an urban renewal project.
"Persons of low incomes and their families" means persons or families who lack a
sufficient income to enable them, without financial assistance, to live in decent, safe and sanitary
dwellings, without overcrowding. [§469.002, Subd. 17]
"Persons of moderate income and their families" means persons and families whose
income is not adequate to cause private enterprise to provide, without governmental assistance,
IJ
LANG, PAULY & GREGERSON, LTD.
Mayor and City Council
February 13. 1996
Page 8
a substantial supply of decent, safe, and sanitary housing at rents or prices within their financial
means.
An HRA is given extensive authority and power. Of particular importance to this issue
is the power
" .... to acquire by all means set forth in clause (6), [by gifts, grant, purchase, exchange,
lease, transfer, bequest, devise or otherwise] .... real property and to demolish, remove,
rehabilitate, or reconstruct buildings and improvements or construct new buildings and
improvements thereon, or to so provide through other means as set forth in Laws 1974,
Chapter 228, or to grade, fill and construct foundations and otherwise prepare the site for
improvement. The Authority may dispose of the property pursuant to §469.029 .... "
The HRA may finance these activities by: (i) redevelopment project funds; (ii) tax increments;
(iii) tax increment bonds; (iv) federal grants; (v) bond issue; or (vi) by contributions from the
municipality. [§469.012, Subd. 1(7)]
An HRA may also acquire real property after the adoption of a resolution declaring (i)
the acquisition is necessary to eliminate substandard, slum or blighted areas which cannot be
redeveloped without governmental assistance, or (ii) that there is shortage of safe, decent and
sanitary dwelling accommodations available to persons of low income and their families at rentals
they can afford, or (iii) to provide decent, safe and sanitary housing for persons of low and
moderate income, or (iv) that it is necessary to carry out a redevelopment project. [§469.012,
Subd. 1(6)]
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96
SECTION: Director of Parks, Recreation and Facilities ITEM NO.'X[e I
DEPARTMENT: Parks, ITEM DESCRIPTION: Concept Plan and Cost Estimate for Miller Park
Recreation and Facilities 1ltngRink
Robert A. Lambert, Director
Late in 1995, the City Council authorized staff to contract with an architect to provide design services and
cost estimates for a park shelter to accommodate a hockey rink, skating rink, and summer playground
program in Miller Park. The staff estimate for the total project was $150,000. This was based on a
$130,000 estimate for a building and lighting, using an estimated cost per square foot for a concrete block
building, a parking lot for 15-20 cars, and turf within the hockey rink.
City staff provided the architect with the architectural program that is attached. The architect provided staff
with a concept plan that would meet the proposed budget for the building and lighting of $130,000. Upon
review of that concept plan, staff was very disappointed in the quality of the building that could be provided
for the estimated budget.
This building will be the first of seven structures that will eventually be constructed in Miller Park. This
building will set the standard for the quality of design and the type of materials that will be used to construct
the other facilities that are mentioned in the architectural program. The City has invested 3.8 million dollars
in Miller Park to date. The buildings that will be constructed in Miller Park will be an important factor in
how the public evaluates the quality of that park for the next 30 to 40 years. City staff believe it is
important to construct durable, long lasting facilities that are also enjoyable to use and pleasing to the eye.
Staff have worked with the architect to develop a facility that would utilize the materials that would be used
in all of the other facilities throughout the park, and that would have architectural features and a design that
could compliment other buildings that may have rectangular, octagon, or square shapes. The estimated cost,
including all of the alternates plus the parking lot, hockey rink and pavement within the hockey rink to
accommodate roller blading, is approximately $235,000.
Del Erickson, architect for the project, has also provided a concept plan that would meet the original budget
for the building of $130,000, as well as the plan being recommended by City staff. If that design is
approved the total project cost would be approximately $183,000.
RECOMMENDATION:
City staff recommend approval of the concept design that provides the added design features with a metal
roof, the raised central portion that accommodates the raised ceilings and the natural lightening from the
glass panels around raised roof, the rubberized flooring, the additional plaza and fire ring on the south side
of the building, increasing the parking to 38 cars and paving the hockey rink. City staff can complete the
installation of benches, interior painting, and interior shelving. City staff will also be responsible for
grading the site, preparing the subgrade, and installing the parking lot, the asphalt base to the hockey rink,
and construction of the hockey rink. With these changes the cost of the project total is increased to
approximately $235,000.
Staff recommend funding for this project from the cash park fees.
BL:mdd
1
DATE:
TO:
PROM:
RF.:
February 12, 1996
Robert Lambert
Del Erickson
Miller Park Rink Shelter
Commission No. 9602
" '.
DELANO ERICKSON ARCHITECTS
, ., .
'! 7415 WAYZATA BOULEVARD
MINNEAPOLIS MN 55426
612 -544-8370
Rased on our meeting of last week and review of concept design. we have prepared twO
alternativos WI follows:
A. Schematic as presented to you with masonry walls. metal roof, plastic toilet comp and
vanity, skatingtn~, clerestory cupola and site lighting, uslng Park standard pole!;.
Subgl'ado prupllrlltion and ullheatoo dC8ign are not lnclud~.
Cost Estimate:
General Construction Building:
Patio, Firo RIng, and Entry Site Work:
R.ink Lighting:
Parking Lot Lighting (3 Poles):
Total Construction:
Pees and Contingency (7%):
Total Budget E.'1timate:
Items (NIC) by Owner:
Cabinet and Shelving:
Loose Benches:
Total:
SI99,600
$155,000
8,600
6,000
6,QOO
S175,6OO
24,000
$199,600
$ 3,500
1.000
$ 4,500
B. MinImal cuncept provldlng same program space using wood frame construction,
asphalt roof, withuut clerestory and with flat celUng, and omit extra doors and
drinking fUUlltslu. Site work Is limited to entry walle and minimal site lighting and
standard rink. liKhting.
Cost Estimate: $137,600
2-
Robet Lambert
F ebroary 12. 1996
Pa&o 2
B.
,
Continued
Oeneral Construction Building:
Entry Site Work Only:
Rink Lighting:
Parking Lot Lighting (1 Pole):
Total Construction:
Fees and Contingency (8 %):
Total Budget Estimate:
Items (NIC) by Owner:
Skate Tile
Cabinet and Shelving:
Fire Ring
loose Benches:
Total:
$107,000
3,500
6,000
2·000
$116,600
21.000
$137,600
$ S,500
3,500
5,000
1.000
$ 15,000
The foregoing analy~i~ cumpares basic house construction with minimal equipment [0
commercial construction with durable equipment and finishes 8.\ well as desired design
features.
The cost differellt of $62,000 accommodates a masonry building, metal roof system, exterior
patio and fire ring, heavy duty toilet accessories, french doors between the picnic shelter and
multi-use room, skate tile, amI clerestory cupola with sloped ceilings providing for natural
light and air circulation in the building.
;
The accompanying drawing illustrates Concept A with a perspective view of both A and B for
comparison.
DE/tIt
Attachment
3
..
Date:
To:
From:
Re:
/ January 25, 1996
de Ik( ,NO ERICKSON ARCHITECTS
a 7415 WAYZATA BOULEVARD
MINNEAPOLIS JAN 55426
612 -544-8370
City of Eden Prairie, Bob Lambert
Del Erickson
Miller Park Shelter and Facility for Skating Rink
Commission No. 9602
Architectural Program
The following program is based on the program statements contained in the RFP for this
project which will be located in Miller Park at 8208 Eden Prairie Road, and will be designed
in conjunction with the City preparation of the site plan for an outdoor skating rink. The
following summarizes our conversations regarding this facility and incorporates the specifics
as to the building size, budget and schedule that were outlined.
General Requirements
Objectives: Create a multi-use park shelter which would accommodate skaters in the
Wintertime and picnickers and/or classroom activities in the Summertime. The building will
establish a form and general design concept for the entire park which could ultimately result
in seven different buildings or structures. One thought is to use the octagon picnic shelter
form with a cupola that would admit light and air which is available as a pre-manufactured
unit and could be used for the large picnic shelter to be located near the lake. Other
structures which should be considered in the future design include a softball restroom, and
concession and storage facility located in the center of the four softball fields, a large picnic
shelter mentioned earlier, a baseball grandstand facility with restrooms and concessions with a
viewing platform to the fields, a restroom and concession facility relating to the small Little
League field, a restroom, storage and concession facility relating to the soccer fields, and one
or two small picnic facilities on the west side of the lake.
As mentioned, the building should establish a theme which would have a continuity
throughout the park. Present thoughts are the use of a metal standing seam roof, colored
blue, and masonry walls could be block or brick which would provide a durable finish and
minimum maintenance. The orientation of the skating facility should relate to the open
skating area, as well as the hockey skating rink. It's anticipated that the open side of the
picnic shelter and the view from the warming room would be towards the southeast and south
for access of sunlight, as well as shielding these areas from the northwest winds. The
Architect will assist Owner in the development of the site plan providing ideas on concepts
which will improve the use of the building, as well as relating to the site needs.· One primary
construction element of the project is outdoor lighting both for the skating areas, as well as
the parking lot.
4
January 25, 1996
Page 2
Site and Design Considerations
(
1. The lighting for the outdoor rink would be on poles with the investigation of two
possibilities locating tall poles with a number of fixtures at the diagonal corners or a
series of poles on either side of the rink which could accommodate future wires strung
across the rink to hang banners which could provide sun shading.
2. The parking area could be located along the west side of the property or along the
north side with ultimate access to a trail that goes to the ball fields. Both locations
should be studied.
3. Provide orientation to an area for an outdoor grill, as well as campfire area. Consider
the concept of a fire ring with seating that might be directly accessible from the
skating area.
4. Design an entrance areaway which would be the logical approach to the building and
provide for a nice approach. Access from the skaters' side or area must consider the
level relationships or need for ramps and provide for an in-and-out one-way
movement for the skaters.
Building Space Requirements
Main Room
1. The main room is the focal point of the building. This area will serve as a
warming room primarily in the Wintertime, as well as a multi-use meeting
space for the Summer playground program and various picnic groups that
would rent the shelter.
2. The room should accommodate fixed benches at the walls and the provision
for movable benches and storage of the same.
3. Provide for a pay phone which can be located in a manner that can be
supervised.
4. Provide for an area for the supervisor which would have vision of the toilet
and entrance to the facility. The supervisor will be in the main space, and
needs access to a storeroom, but would not be in the storeroom.
600 sq. ft.
5. Provide large windows to view the skating areas and admit sun and light. The
windows must be screened with a very strong-type mesh to prevent breakage
of the glass. The glass should be tempered and heavy-duty.
6. Consider locating a serving counter or facilities to accommodate a table with
outlets for setting up picnics or coffee-type food service.
January 25, 1996
Page 3
Restrooms
( (
1. The restrooms must be designed to meet ADA requirements and design
standards for a facility of this size.
200 sq. ft.
2. The men's toilet should accommodate an ADA accessible water closet, a
urinal and single lavatory/countertop with appropriate hand drying and waste
disposal area.
3. The women's toilet room should accommodate two water closets, one ADA
accessible with a lavatory/countertop and drying and waste area.
4. The restrooms could possibly function without doorways, however, they must
be screened, and access to these rooms shall be through the main room.
5. The finish on the walls and floor must meet the State Health Code and shall
be durable and maintainable.
Mechanical Room/Storage Room 220 sq. ft.
1. The storeroom is a locked area providing storage for supplies, some outdoor
maintenance equipment, as well as indoor maintenance equipment, some
cabinets and shelves for storage, a location for the furnace, meters, electrical
panels, a telephone that would be connected to the City system, hot water
heater and plumbing access for the toilet rooms. A slop sink floor receptor
should be located in the room for cleaning up the shelter.
2. The room should be sized to provide storage for folding tables and chairs that
may be used in the main room, the number to be determined. It is estimated
at 30 to 60 at this time.
Sheltered Outdoor Deck 600 sq. ft.
1. The outdoor shelter will be used for picnics and sheltered sitting in
conjunction with the skating rink, as well as other activities in the
Summertime. A grill area shall be located adjacent with a paved access to the
shelter slab.
2. The picnic shelter room should be an extension of the building and tie in to
provide a unified whole.
3. Consider a double open doorway or some type of opening which could easily
interact between the shelter open area and the enclosed main room to be used
for serving picnics or classroom activities with an indoor/outdoor character.
(,
January 25, 1996
Page 4
( (
4. Provide security lighting in the shelter and some exterior-type electrical outlets
for plugging in picnic equipment.
Design Considerations
1. Structure must be totally handicapped accessible per ADA requirements.
2. Exterior lighting for security should be provided on the building.
3. Provide hose bibs located on the outside of the structure to be the keyed type.
4. Drinking fountains should be provided in the outdoor shelter space and in the
main room. The exterior fountains should be vandal-proof.
5. The windows must be covered with heavy-duty security screen.
6. The building will have a security alarm system connected to the police
dispatch.
7. The building color scheme should coordinate with the colors in the park
system which are blue and black.
Total Estimated Square Feet of the Building and Shelter:
Add 20% for net to gross conversion to bring a total gross area of:
Budget
1,620 sq. ft.
1,950 sq. ft.
The present budget for the facility is $130,000 plus $3,500 for the entryway. This is to
include lighting, fees and other costs associated with the building. All site work and parking
will be accommodated in another budget, however, the parking lot and rink lighting will be
part of the $130,000 budget. At the completion of the schematic design phase, a detailed cost
estimate will be prepared to determine how we can meet that budget either through alternative
systems, future construction, and/or bidding alternates that can be incorporated into the
construction documents. This budget will be presented to the Council to determine what will
be incorporated in the bid package.
1
..
January 25, 1996
Page 5
Time Schedule
-(
Contract signed and authorization to proceed
Initial meeting and program development
Review program and design concepts
Review schematic design and rough cost estimate
(
Prepare final design development and cost estimate to be reviewed
Approval by ~arks Commission
Authorization to go out for bids and design approval by Council
Prepare construction documents and issue advertisement for bids
Issue plans for bids
Receive bids
Approval by Parks Commission
Contractor approval by Council
Start construction
Complete construction
January 16, 1996
January 19, 1996
January 29, 1996
February 5, 1996
February 15, 1996
To Be Scheduled
February 20, 1996
February 22, 1996
March 5, 1996
March 21, 1996
2:00 p.m.
April 1, 1996
April 2, 1996
April 16, 1996
August 16, 1996
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EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96 C
SECTION: Director of Parks, Recreation and Facilities ITEM NO.'N Z
DEPARTMENT: Parks, ITEM DESCRIPTION: Duck Lake Management Plan
Recreation and Facilities ~ Robert A. Lambert, Director
At the February 6 meeting, the City Council directed staff to work with the DNR to determine if the DNR
would support developing a "carry on" public access from our property on Duck Lake Trail, if the City
passed an ordinance restricting the surface use of Duck Lake to "no motors." This would basically restrict
all of the property owners living on the lake to having the same access to use of the surface waters as the
rest of the public.
The process for passing a Surface Management Ordinance is to hold a public hearing explaining the
ordinance to the residents that live in the vicinity ofthe lake, then sending the results of that hearing as well
as the draft ordinance to the Commissioner of the Department of Natural Resources for his approval. The
Commissioner of the DNR has 120 days to approve the language or make recommended changes to the
language of the ordinance. Once he has approved the ordinance, the City then holds the first and second
reading of the ordinance.
REQUEST:
City staff request the Council authorize staff to initiate the process to pass a Surface Management Ordinance
restricting the use of Duck Lake to no motors. Staff further requests the Council to approve a plan in which
the City would develop parking for three to four cars on the City property south of Duck Lake Trail where
people could launch a boat that could be carried on top of a car, back of a pickup truck, etc. These generally
would be canoes, small rowboats, or small sailboats.
Staff would further request authorization to install an electrical service on City property in order to
accommodate a portable aeration system that could be installed whenever the lake experiences oxygen
depletion in future winter months.
Assuming all of the above is approved, staff would also be applying to the DNR for a fishing pier to
accommodate fishing from the City property on the north shore of the lake, and, hopefully, reduce the
number of children that arc presently fishing along Duck Lake Road.
The estimated cost to develop the parking spaces and install the electrical service is under $5,000. Staff
recommends use of cash park fees for this project.
BL:mdd
DLMP2IBoh96
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96
SECTION: Director of Parks, Recreation and Facilities ITEM No."WC3
DEPARTMENT: Parks, ITEM DESCRIPTION: Natural and Scenic Grant Program
Recreation and Facilities ~ Robert A. Lambert, Director
BACKGROUND:
In 1995, the City turned back a $50,000 grant that had been approved for the acquisition of the Peterson
property known as Option Parcel No.1. The City Council detennined that the $50,000 was not a sufficient
enough incentive to pursue acquisition of the $280,000 parcel at a time when the cash park fee fund was
extremely low. The State Legislature is considering increasing the maximum grant amount from $50,000 to
$200,000 for the 1996 program. The grant would still be based on a maximum grant of 50% of the actual
cost with a $200,000 cap, if approved by the State Legislature.
The City has recently received the application material for the 1996 grant. The application process includes
the requirement of a current appraisal that must be completed and submitted along with the grant application.
The application deadline is May 1 st. The estimated cost for an appraisal of the site is approximately $1,000.
The grant application also requires the City Council to hold a public hearing and submit the results of that
public hearing with the grant application.
REQUEST:
Staff are requesting the Parks, Recreation and Natural Resources Commission and the City Council to
determine whether or not City staff should proceed with the grant application process for 1996. The
estimated costs to the City to complete the application includes approximately 40 hours of staff time, cost
for an appraisal, and the cost for a public hearing. If the City is successful and is able to acquire the project
in 1996 the option on the parcel is $19,000/acre for 15.8 acres, for a total cost of $300,200 net cost. If the
legislature approves the expanded minimum, and if the City were successful, the grant would be $150, 100.
The City's match would have to come from the cash park fees, the general fund reserve, or from a
referendum.
The City does have option on the parcel until the year 2000; however, the option cost goes up by $1 ,OOO/acre
each year. The City also has two years to acquire the parcel after the grant is approved.
City staff recommend the Council authorize staff to apply for the grant. If the City is successful, the City then
has the option of either using cash park fees as a matching funding source or going to the voters through a
referendum for the 50% match.
It should be noted that the City has two remaining parcels of land to acquire on the Peterson property.
Option Parcel No. I is approximately 15.8 acres. Option Parcel No.2 is approximately 30 acres.
BL:mdd -grant2lBob96
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-20-96
SECTION: REPORT OF DIRECTOR OF
COMMUNITY AND ECONOMIC DEVELOPMENT ITEM NO. XI D 1
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger BEARPATH PUBLIC ACCESS
Requested Council Action:
The Staff recommends that the Council take the following action:
Grant consent of these proposed easement regulations.
Background:
Included in your packet is:
1. A short memo detailing Bearpath's responsibility to the City to provide access.
2. A proposal from Bearpath for their guest register as modified by City staff and agreed to by Bearpath.
3. Excerpt from Bearpath's Developer's Agreement requiring an easement.
4. Excerpt from an easement stipulating consent by the City of proposed regulations.
/.
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Enger, Assistant City Manager
DATE: February 13, 1996
SUBJECT: Bearpath Public Access
Bearpath received approval for its overall plan in 1992. Critical to the concept of security was control of public
access into the private club and golf course community. The project was approved with private streets with the
provision in the Developer's Agreement that there would be an easement to allow pedestrian and non-motorized
access to the streets. Bearpath was to regulate this access with the consent ofthe City.
Bearpath has granted the easement as a part of the Final Plat and proposes admittance in the same fashion as
Bearpath resident's guests. The public would enter Bearpath at the Gatehouse, and would be granted admittance
during daylight hours as guests of Bearpath. As with other guests, they would sign a guest register. Bearpath
would limit during special events and tournaments. Children under 12 would need to be accompanied by an
adult. Guests would be given an identification pass with the following infonnation on it:
Welcome to Bearpath. Please review and abide by the following regulations. You accept any and all risks
associated with your entry onto the Bearpath property.
• Enter and exit through the gate house only.
• Admittance is during daylight hours only for the sole purpose of walking or bicycling. All guests must
exit the gate house prior to sunset.
• There are no bike or walking trails in Bearpath. Your travel is limited to the streets only. Entrance onto
any property off the streets is prohibited.
• No travel is permitted on the Bearpath Country Club grounds. This includes the entrance drive,
parking areas, pool, tennis courts, golf course and its cart paths.
• Minors under 12 admitted shall be supervised by the adult guest at all times.
• Please be courteous and do not disturb any residents or their guests.
Entrance onto the Bearpath property is at my (our) own choosing and risk. Bearpath Homeowners
Association, Bearpath Golf and Country Club (its members and guests), Bearpath Limited Partnership,
Bearpath residents and their guests cannot be responsible for any claims that may occur as a result of my
(our) entry onto the Bearpath property.
Bearpath had originally proposed guests signing a waiver with the register (next page) but agreed to
modifications shown. The register would be only a record of who was in Bearpath, the Rules would be listed
separately and perhaps included on a pass.
A ~ O'r":j''''''' 1I'j ?V" o~~d b j ~ y-F,f~
EDEN PRAIRIE GUEST REGISTER
Q.',' (.\p'de b~
Welcome to Bearpath. Please revieWAthe following regulations.aREi wai¥w 9~Hllhitily.
Please Mgtl ~elerN te aeimo nled88 yo'Jt agteetDept to abide ~y ~se legmaltOIlS mId ((5
Yeu accept any and all risks associated with your entry onto the Bearpath property.
Date
• Enter and exit through the gate house only.
• Admittance is during daylight hours only for the sole purpose of walking or
bicycling. All guests must exit the gate house prior to sunset.
• There are no bike or walking trails in Bearpath. Your travel is limited to the streets
only. Entrance onto any property off the streets is prohibited.
• No travel is permitted on the Bearpath Country Qub grounds. This includes the
entrance drive, parking areas, pool, tennis courts, golf course and its cart paths.
utder (:;\ -:? -I:;, -~
• Mino~ntittetl shall be supervised by the adult guest at all times. r;et-;., ~re. fY'"o~ I I I
• Please be courteous and do not disturb any residents or.guests.
THANK YOU FOR YOUR COOPERATION
I "1I11S ,MtitJnrlagae .-jII1J, til"'"'' .,,;6 t'h .. aPE ,!&,utmll»lrfllRII!I! ,fa. ""
fintrance Mil ;!,tIIW! "'tift, ",ilttJ1'!9 ""rie» my 3Ape. .isn, onto the Bearpath property is
at my (our) own choosing and risk. I fJ"~ "6''e'e M-IttIItI Bearpath Homeowners
Association, Bearpath Golf and Country Club (its mem"'" and£~Arnath --C,",VI. ;\i-l:-be ~ 0'" I ;-~;;.T
Limited Partnership, Bearpath residents and their guestsl'h""~JJ-any _II.".
claims that my occur as a result of my (our) entry onto the Bearpath property.
Time Name Address S!!lnature
10.
constructed, prior to the Release of a re-plat of any
part of the property adjacent to Riley Creek.
PEDESTRIAN AND BICYCLE ACCESS: Developer agrees that
public pedestrian and bicycle access and trails into and
within the residential areas of the Property shall be
provided. Developer shall either (i) dedicate to the
public in the Bearpath plat of, or (ii) prior to release
of Bearpath plat deliver an executed Easement Agreement
(and shall provide evidence of recording thereof in the
Hennepin County Recorder's office) granting an easement
to the public in such form and substance as approved by
the City's Senior Planner, of such access and trails as
shall be approved by the City's Senior Planner.
11. DELL ROAD: Prior to Release of Bearpath plat Developer
shall (i) grant or cause the Owner thereof to grant to
City an easement in such form and substance as shall be
acceptable to the City Engineer in, to, and over land
described in Exhibit F hereto for street, storm sewer,
sanitary sewer, water, and other utility purposes for
construction of Dell Road and (ii) provide evidence of
the creation of easements on and over private streets
such as will afford access to and from a public street
and each lot wi thin Bearpath plat in such form and
substance as approved by the City Engineer.
nonexclusive easement to enter upon any Lot and upon unimproved
portions of any Dwelling for the purpose of mowing, removing,
clearing, cutting, or pruning, underbrush, weeds, stumps, or
other unsightly growth and removing trash, so as to maintain
reasonable standards of health, fire, safety and appearance
within the Development, provided that such easement shall not
impose any duty or obligation upon Declarant or the Association
to perform any such actions.
5.1.12 There is hereby reserved for the benefit of
Declarant, the Association, and their respective agents,
employees, successors, and assigns, an alienable, transferrable,
and perpetual right and nonexclusive easement on, over, and
across all Lots and all unimproved portions of Dwellings for the
purpose of taking any action necessary to affect compliance with
environmental rules, regulations, and procedures from time to
time promulgated or instituted by the Board of Directors or by
any governmental entity, such easement to include, without
limitation, the right to implement erosion control procedures and
practices, the right to drain standing water, and the right to
dispense pesticides, as limited pursuant to section 8.1.34
hereof.
5.1.13 A Conservation/Scenic Easement has been
granted by Declarant and the Association to the City.
5.1.14 An easement over the Streets for pedestrian
and bicycle access is hereby granted to the general public,
provided, however, that said pedestrian and bicycle access
easement shall not apply to any Lots or Dwellings. Public access
IPS 126625
pursuant to this sectio~may be regulated by the Association, in
accordance with the terms of this Declaration and subject to the
~ -............ ---.......~' ........ ---.... ~,.'" ~"--~ '"' .......
consent of the City of Eden Prairie.
~~~"~-"w,,,,,,,,,,,,,,,",_ .. __ ill'F'" r~.,.~,.-..y
5.1.15 There is hereby reserved for the benefit of
Club Owner, its successors, assigns, and successors-in-title,
with respect to the Country Club Property, the following
transferrable, alienable, and perpetual rights and nonexclusive
easements:
IPS 1215625
5.1.15.1 A right and easement for the
installation, maintenance, repair, replacement, and use
within the Common Elements of security systems, utility
facilities and distribution lines, including, without
limitation, drainage systems, storm sewers, and electrical,
gas, telephone, water, sanitary sewer and master television
antenna and/or cable system lines, and a right and easement
for the drainage and discharge of surface water onto and
across the Common Elements, provided that such drainage and
discharge shall not materially damage or affect the Property
or any improvement from time to time located thereon. Such
right and easement shall be limited and restricted as set
forth in section 5.1.1 hereof.
5.1.15.2 A right and easement for pedestrian use
on, 'over, and across the Common Elements, and such portion
of any Lot lying within five (5) feet of any street adjacent
to the front lot line of such Lot, to the extent any
portions of such property have been improved with golf
course paths, for the use of all members, guests, and other
DATE: 02/20/96
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Director of Public Works
ITEM NO: JSL f I
DEPARTMENT: ITEM DESCRIPTION:
Public Works 1996 Utility Enterprise Budgets
Eugene A. Dietz
Requested Action:
Adopt, by motion, the proposed 1996 Water, Sanitary Sewer, and Storm Water Utility
Enterprise Budgets.
Background:
Combined, the water, sanitary sewer, and storm water utilities represent a $6 million operating
enterprise of the City of Eden Prairie. They provide vital public services that people take for
granted. The morning shower or cup of coffee, the flush of the toilet or garbage disposal, the
safe runoff of storm water from homes, driveways and streets. They are essential for public
health, safety and welfare. The proposed budgets have been developed to ensure that the funds
remain financially solvent business enterprises and affordable to the City's customers.
Water Utility
Operating expenses in the water utility are projected to increase approximately $117,000 over
the 1995 adjusted budget, a 4.8% increase. However, over one-half of the amount is
attributable to the fact that a foreman position in the Water Plant was left unfilled 1995 and
chemical costs for the production of water are expected to be higher in 1996. Additionally,
contracted repair and maintenance in the system maintenance section of the budget has been
increased slightly to make repairs for specific projects located on Highway 169. With these
exceptions, the budget remains essentially unchanged from 1995.
At this writing, the design effort for the plant expansion is approximately 50% complete and
construction is expected to commence in August, 1996. Therefore, the 1997 budget proposal
will necessarily address staffing levels for operational needs when the expanded plant comes on
line in 1998.
Sanitary Sewer Utility
No program changes for the sewer utility are proposed for 1996. The primary cost to this fund
is the disposal cost as charged to us by Metropolitan Council Environmental Services (MCES).
Excluding the disposal costs from the operating budget, the spending in the sewer enterprise
budget will increase approximately $40,000 over 1995 adjusted budget levels, but will actually
be $100,000 less than the adopted 1995 budget for the program. Since there are no new staff
or equipment purchases, this merely means that the use of staff time varies from year to year
depending on system needs among the three enterprise funds. ,
The method of showing waste disposal costs in the general segment of the sewer enterprise fund
is being changed for 1996. In prior years, net costs to MCES were listed in the budget, but did
not reflect actual current-year disposal costs due to the mechanism of showing variances from
two years prior. For example, actual 1994 disposal costs were approximately $1,800,000, but
the budget shows $1,275,000 after a $554,000 credit from 1992. To better show the actual
trend of disposal costs, the actual estimated flows at the expected rates will be utilized and a
footnote will be shown at the bottom of the budget page to show either credits or debits due to
variances from two years prior.
MCES is currently in the hearing stages for changing the service rates/cost allocation system.
A task force recommendation, if implemented, will change the current estimate and two-year lag
variance process to an actual pay-as-you-go system. It is anticipated that these changes will be
known in time for preparation of the 1997 budget. The primary impact is likely that we will
need to make certain to maintain adequate reserves in the fund to accommodate major "swings"
in billings each year.
Stonn Water Utility
The primary challenge in this enterprise fund is the need to have a water quality plan to more
accurately determine the direction for capital improvements. The Watershed Districts appear
to be getting closer to approvals for their "509 Plans" (Water Quality Plans at the Watershed
District level). Approval of these plans will provide the focus necessary for the City plan to be
developed.
The primary feature in the Storm Water Utility budget for 1996 is the acquisition of a new street
sweeper. This would be a replacement for an existing 1978 machine that has gone beyond its
optimum service life. Prior to acquisition, staff will study the desirability of purchasing a
regenerative air type sweeper. Similar to.a "vacuum cleaner", the regenerative air sweeper
allows pick up of fme particles from the street surface --an aspect staff believes to be important
in the long term water quality goals for the City.
Environmental En&ineer
Attached for your review is a copy of a memorandum dated January 11, 1996 to Carl Jullie
regarding an Environmental Engineer position. This position is imperative in order to deal with
all the mandated environmental issues that the City must confront in the coming years. The
Director of Public Works will be available at the Council Meeting to address these job duties
in more detail.
Retained EarninKS
Attached is a summary of retained earnings (analogous to a fund balance) in the three enterprise
funds entitled "Utility Fund Performance". Based on this information and in meetings with
Councilmembers Tyra-Lukens and Thorfinnson, any rate changes for the utilities will be
evaluated with the 1997 budget proposal at mid-year.
NET IN~QME (LOSS)
1990 Actual
1991 Actual
1992 Actual
1993 Actual
1994 Actual
1995 Estimate
1996 Estimate
UTILITY FUND PERFORMANCE
February, 1996
Water Sanitm Sewer
$(128,736) $ 26,958
$ (73,383) $ 214,746
$(151,387) $ 460,221
$(365,037) $(567,197)
$(371,781) $(675,575)
$ (54,000) $ 418,000
$( 80,000) $ 76,000
RETAINED EARNINGS AT December 31:
1990 Actual $2,067,193 $(431,241)
1991 Actual $1,993,810 $(216,495)
1992 Actual $1,842,417 $ 243,726
1993 Actual $1,477,380 $ 363,740
1994 Actual $1,290,236 $ 213,920
1995 Estimate $1,236,000 $ 632,000
1996 Estimate $1,156,000 $ 708,000
Dsk:BDG96.Actual.Est
Storm Drainage
nla
nla
nla
$(224,059)
$194,381
$ 237,000
$ 96,000
nla
nla
nla
$(224,059)
$ (29,678)
$ 207,000
$303,000
TO:
FROM:
DATE:
SUBJECT:
Carl Jullie
Gene Dietz
-MEMORANDUM -
If ~
January 11, 1996
Environmental Engineer Position
Carl, I am requesting authorization for the addition of one full time permanent employee in the
department. The title would be "Environmental Engineer" and would be fully funded from the
Enterprise Fund --one-third each from Water, Sewer and Storm Water Utility. Although I have
not written a detailed job description, the primary duties would fall in the following areas:
• W A'IER QUALITY
Although we have implemented a storm water utility, effective spring, 1994, we have yet
to progress in the area of developing a water quality plan. There has been a "pent up"
demand for the funds, so that we do not have a large surplus in the account. However,
we do expect that the Watershed District 509 Plan will be completed some time in the
near future and we need to develop an RFP, work with the selected consultant and
generally administer the development of that Water Quality Plan. Upon completion, I
would expect an on-going implementation need.
• SLUDGE DISPOSAL
We have three more contracts for sludge removal from our lagoons at the Water
Treatment Plant site. After that, we have a daily "sludge disposal problem". We very
much need to develop a solution to this issue during the next twelve months, so that we
may be ready for implementation by mid-year 1998.
• SDW A COl\1PLIANCE
Ed has been our expert on the Safe Drinking Water Act (SDWA), but his time is limited.
The volume of information from EPA is absolutely incredible and I believe that we need
to begin to monitor these regulations much more carefully in the future.
• PuBLIC EDUCATION
As part of the Water Plant Expansion, we are going to be responsible for an active public
education program in water conservation. Program development in the education space
as well as information sent out to the public will be a time consuming task in order to
be effective.
CITY OF EDEN PRAIRIE
Engineering Division, Department of Public Works
Environmental Engineer Position
Page 2 of 3
• HAZARDOUS WASTE DISPOSAL
Again, research of current requirements in this area is an important task --one which
caught us by surprise during the paint removal process at the Hidden Ponds Elevated
Tank. Additionally, the City of Eden Prairie is a hazardous waste generator in our work
spaces and monitoring/compliance with regulations needs to be an on-going activity.
• WELL HEAD PROTECTION
We have been working with the Hennepin Conservation District for the development of
a well head protection plan, which is required for all community water supplies (I think
at the end of this year). Although the plan would be complete, staffing for compliance
with the proposed regulations will be an on-going task, i.e., all hazardous waste
generators within our protection area will have to develop a compliance plan which will
have to monitored annually.
• SEFI'IC TANKS
We have talked about the need for monitoring on-site septic systems since the City
Offices were housed on Eden Prairie Road. I believe that this is going to be an
important issue with water quality in our lakes and this position, at the very least, would
develop the program, if not the actual inspections themselves.
• RECYCLING COORDINATOR
Although this is not a huge task, we definitely have a "paper jam" going in this area
since Craig left.
• ENvIRONMENTAL AND WASTE MANAGEMENT COMMISSION
This position would staff the Commission and provide the work effort necessary to
implement many of the programs that they are currently discussing --and there are a
number of them.
• WETLAND CONSERVATION ACT (WCA)
The issues of mitigation sites and wetland impacts are coming up on many of the projects
that we implement through the department. This position would develop the skills
necessary to properly manage this regulatory requirement.
This list of duties, in my opinion, represents more than a full time position and it also represents
only my thoughts on the subject. I am confident that more un met needs exist in the
environmental area if others were given an opportunity to comment on the job description.
CITY OF EDEN PRAIRIE
Engineering Division, Department of Public Works s
Environmental Engineer Position
Page 3 of 3
The only unresolved issues at this time are:
1. Who the position would report to. I am contemplating that the person would
report directly to me and then would be shared among other divisions as
necessary.
2. Where the office space might be located. This would generally be resolved with
the solution of Number 1 above.
3. Writing a final job description.
After you have reviewed this information, I would like to discuss the issue more fully. I
promised the City Council I would bring the Enterprise Fund budgets to them in February and
this issue needs to be resolved before those documents can be finalized. The preliminary
information that I based my discussion on rate increases with the City Council anticipated this
need and approximately $20,000 in each of the Enterprise Funds was included in my analysis.
EAD:ssa
CITY OF EDEN PRAIRIE
Engineering Division, Department of Public Works
DATE: 02/20/96
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Director of Public Works
ITEM NO:::xr E. 'L
DEPARTMENT: ITEM DESCRIPTION:
Public Works Dominick Drainage Request
Eugene A. Dietz Preserve
Recommended Action:
Authorize staff to initiate a project along the southerly common line of Outlot B and adjacent
lots in the Westwind Addition subject to the following conditions:
1. City cost participation limited to 50 %. The balance would be from either the Association
or the adjacent property owners.
2. The Preserve Association would be responsible for obtaining "right-of-entries" for access
to the properties.
3. If preferred by the Association, the City would agree to levy the costs of the
improvements against Outlot B so that the obligation could be against the entire
association membership.
Background:
The Preserve is a unique development within 'our community and in the early 1970's, this project
was viewed as being the standard for the future. In most respects, the project has been highly
successful and a very positive part of Eden Prairie.
The overall development generally provides its own open space, trail system, tennis courts and
a swimming pool for its membership. These features were in lieu of cash park fees for the
project. The expectation is that the Preserve would not only provide the facilities, but maintain
the open space areas as well. As noted in their handbook:
"8. Services provided by the "Association" shall include maintenance and lawn care
for common areas such as pathways and tot lots and maintenance of the reconstituted
Neil Lake area, community center, tennis courts, swimming facilities, record keeping,
management and supervision.
• A reserve fund has been created using funds from the yearly dues and placed in
trust for amenity items that require periodic replacement. "
In 1995, there were approximately 1,684 units in the Association that were assessed $143.00 per
year, which generated approximately $240,000. However, when we met with the Association
we were advised that they do not have enough funds available for maintenance of these common
spaces, especially since pool maintenance is a very high cost for them. This is further
complicated by their by-laws which limit fee increases to 5 % annually.
The final complication in this puzzle is that there are no drainage and utility easements in the
vicinity of Mr. Dominick's home. The Outlot is privately held by the entire association and the
adjacent properties are privately owned and no easements exist to cover the drainage ways that
were originally constructed. The issue of spending public funds on private property has always
created a legal quandary. However, the following rationale should be considered:
• There are public streets in this area, which contribute some portion of their drainage to
the problem.
• Residents of the Preserve do participate in the storm water utility, as do all our residents
in the City. Assuming the residential rate of $3.00 per quarter, we do however only
collect approximately $20,000 per year from all of the Preserve area.
• Solving this type of drainage problem is one of the intended uses of the funds derived
through the storm water utility --although resolving nuisance problems would not be a
first or second priority.
• If the Preserve cannot or will not do it alone, who will?
Proposed Solution:
City staff prepared a proposed design for the problem and presented. it to the Preserve
Association in 1995. There were two phases to the solution that consisted~rain tile installation
and restoration. The estimated cost for the areas specifically adjacent to Mr. Dominick's home
is approximately $10,000 and to continue that system further to the east would cost an additional
$8,000. At approximately $20,000, this improvement should not be viewed as a major drainage
improvement, but rather an attempt to resolve a nuisance problem as cost effectively as possible.
Based on the historical prospective of this development, staff strongly recommends that the City,
at most, be equal partners in trying to resolve these issues. There are four similar (but perhaps
smaller) problems in the development that we are aware of. By requiring the Association to be
a part of the solution, they can not only obtain access for the City, but also provide a mechanism
to prioritize these issues. Clearly, we probably have hundreds of nuisance type drainage
problems throughout the community that vary in magnitude. Without some type of participation
by the affected parties, we could easily be inundated with these requests, when in fact the
primary goals for the storm water utility had priorities in the area of flood control and water
quality.
Staff will be available at the Council meeting to further explain the issues and provide visuals
of the proposed project.
EAD:ssa
cc: Leon D. Dominick, 8675 Westwind Circle
Evelyn Law, General Manager, Preserve Association
FROM LEON D. DOMINICK dated: 20 February 1996.
EDEll PRAIRIE Crry COUNCIL AGEIIDA
FEBRUARY 20, 1996
rrEM: DOMDUCK DRAINAGE REQUEST
We have reviewed the recommendation of The Director of Public Works on the above
subject and believe that there are a number of problems that were not addressed in
the recommendation.
The problems we see as needing attention are outlined in detail in the letter and ..
attachments from L. D. Dominick to Mayor, Dr. Jean Harris dated 15 January 1996.
A brief summary of these problems and suggested solutions follows:
1) The storm sewer entrance on the west end of Windrow Drive overflows over
private property and causes hillside erosion as well as flooding in the valley
below. Capacity of the storm sewer needs to be increased.
2) The storm drain entrance on the lower end of Leeward Circle overflows over
private property and causes flooding on the valley below. Capacity of the
storm sewers needs to be increased.
3) The storm drainage ditch in the valley between Leeward Circle and Westwind
Circle (West wind Addition Lot 1 to Lot 6) has become almost completely
filled in and results in flooding in this area. The storm drainage ditch needs
to be redefined or drain tile be installed.
4) The storm drainage ditch which runs the full length par~lel to the east of
the bituminous trail (from Center Way to the foot of the slope to the north)
has been almost completely obliterated do to erosian and debris thus, the
storm sewer at the foot of the slope is practicaly useless. Now storm water
cascades over the bituminous trail and down to the valley below. This entire
.. ) drai
A32
na ge ditch ne ds to be redifine1 and cleaned out.
, /' P-//' "L~1 .~~~ L/
Leon D. Dominick for .
Adjacent Property Owners. .
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/20/96
SECTION: Report of Director of Public Works ITEM NO. XI. E3
DEPARTMENT: Parks, ITEM DESCRIPTION: Tax Forfeited Property -Non-Conservation List
Recreation andy/.~p~ 90I-NC. Resolution Relating to Proposal
Stuart A. Fox 7")1 \ "{
Attached is a list received from Hennepin County certified as non-conservation list 901-NC. These properties
have been pronounced tax forfeit to the State of Minnesota for non payment of property taxes. As is
provided in State Statute 282, Hennepin County has requested the City to make a recommendation as to the
disposal of these three land parcels. The City can either approve the parcels for public auction, approve the
parcels for sale to an adjacent property owner withhold the properties from auction for one year, or request
conveyance of the property to the City for public use. The list of three parcels of property is described as
follows:
Parcel PIN Description Pending Specials
1 6-116-22-22-0097 Hidden Glen 3rd, Outlot E -0-
2 14-116-22-32-0004 Castle Ridge, Outlot A $36,522.38
3 14-116-22-32'0274 Castle Ridge $12,042.05
That part of Lot 2, Block 2, Castle Ridge,
Lying westerly and southerly of Condo #274
BACKGROUND:
The staff has reviewed these three parcels and looked at potential use of any of the parcels for public
purposes. The staff feels that these parcels do have public usage; however, there are some extenuating
circumstances surrounding them, and they are as follows:
Parcel No. I -is a parcel that Hennepin County is looking at to utilize in the expansion of the Crosstown
Highway 101 interchange.
Parcel 2 and 3 -are wetlands according to the DNR. In addition there is an outstanding fine by the
Environmental Protection Agency against some illegal filling that took place on this land by Participation
Development Corporation.
The staff recommends that since each ofthese parcels is desired to have some form of pubic ownership that
the most prudent way of handling each of them is as follows:
I
Parcels to be withheld from auction for up to one year for investigative purposes:
Parcel No. 1 -this outlot is included in the Highway <:·'expansion plans for Hennepin County. When they
make improvements to the intersection of Dell Road and Highway 10 I this land will be used to widen the
road at the 101 curve. Staff has contacted several people within the County about that project. Further
investigation will determine whether or not this parcel ofland will be necessary for use by the County or if
it will become a buffer between the property owners and the highway.
Parcel No.2 and 3 -are behind Castle Ridge and the staff is working with Hennepin County tax forfeited
property, as well as the City Attorney's office to determine the status of these two parcels. If the City owned
these parcels of land it would allow extension of Columbine Road through the area. Intersection with
Prairie Center Drive would occur in the vicinity of the entrance way to Castle Ridge retirement area. By
doing this the City would utilize part of each parcel for roadway purposes and the remaining land would be
absorbed into the Purgatory Creek Recreation Area. The staff will be working with Hennepin County staff
in administratively dividing this property and creating a taxable parcel of land along Prairie Center Drive.
An issue that needs to be resolved regarding these two parcels is the fine that was levied for filling a wetland
and the City Attorney is taking a look at this situation.
One additional thing will be necessary once the litigation issue has been resolved, the City will have to go to
the State Legislature with a bill to acquire the wetland parcel, primarily parcel No.2. This is necessary
because under the State Statute any parcel of tax forfeited land that has wetlands on it is automatically set
aside by the Minnesota Department of Natural Resources. Staff has spoken with the property managers for
the ONR and they are in agreement with the City staff that this parcel would be best served in the ownership
of he City of Eden Prairie.
RECOMMENDATION:
City staff recommends that the City Council approve the resolution authorizing that all three parcels be
withheld from auction for up to one year.
SAF:mdd
taxfor.memo
2
CITY OF EDEN PRAIRlE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND
WHEREAS, the City of Eden Prairie has received from the County of Hennepin Non-
Conservation List 901-NC, which lists 3 (three) properties in said municipality which have become
property of the State of Minnesota for non payment of real estate taxes, (list attached), and
WHEREAS, provided in Minnesota Statute 282, the City Council is asked to determine the
disposal of these parcels of land, and
WHEREAS, the City can approve the parcels for public auction, or approve sale of the
parcels to adjacent landowners, or request conveyance to the City for public use without monetary
consideration, or request that the parcel be withheld from public auction for one year.
NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the
Board of Hennepin County to approve the disposal of these parcels in the following way:
• The 3 (three) properties be classified as non-conservation land.
• The following parcels be withheld from action for up to one year, for investigated
purposes.
PIN 06-116-22-22-0097
PIN 14-116-22-32-0004
PIN 14-116-22-32-0274
with no pending specials
with pending specials of $36,522.38
with pending specials of $12,042.05
ADOPTED by the City Council of the City of Eden Prairie this 20th day of February 1996.
Jean L. Harris
ATTEST:
John D. Frane, City Clerk SEAL
TaxRes/Stu
NON-CONSERVA TlON LIST 901-NC
Property 10 Number PREVIOUS OWNER
NER Property Ada-ess Target LEGAL DESCAPTION
No. Pr er T kea BLDG
EDEN PAAIRIE 1
10515 06-116-22 22 r:Y:E7 No NEW C(~CEPT I-OIvES 1t\C No
LNASst GNED I\DDAESS HIDDEN GLEN 3FD
Vacant Land OUlLOTE
10518 14-116-22320004 No PARTIOPATIONDEVELCrnp No
LNASst GNED I\DDAESS CASTLE RIDGE
••• .... Vacal1t Land rulLOT A
Possible DNR Wetlands #74P
10519 14-116-22 32 0274 No PARTIOPATION DEVEL CORP No
635 Prairie Center Dr. CAS1LE RIDGE mAT PARTOFlOT 2 BlO(]( 2 CASlLE RIDGE
··**··*Vacant Land l YlNG WlY AND SI.Y OF CONDO N0274CASlLE RIDGE Rim Rr~ENT
Possible DNR Wetlands #74P COMMUNITY ACONDOMINIUMlOT2ILOex 2
DATE BULDf\.G
FORFEITED VPLLE
October 6, 1995
September:;:E,1995
September::E,1995
MAA<ET
VI>LLE
$3,000.00
$909,000.00
$242,000.00
(Monthly Report)
(as ci 10,(31/95)
SPECIPL
ASSESSIvENTS
BEFrnE FOAFBTLRE
$0.00
$36,522.38
$12,042.05
i
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LANG, PAULY & GREGERSON, LTD.
Mayor and City Council
February 13, 1996
Page 9
The disposal of property by an HRA is governed by §469.029. Pursuant to this Section
an HRA may make any of its lands in a redevelopment project available for use by private
individuals or other private interests or by public agencies by sale, lease, or otherwise.
"The land shall be made available at a price that shall, except as provided for in
Subdivisions 9 and 10, take into consideration the estimated fair market or rental value
of the cleared land for proposed uses in accordance with the redevelopment plan."
[§469.029, Subd. 1]
Pursuant to §469.029, Subd. 9 an Authority may, with or without accordance to a
redevelopment plan, make any of its lands in a Project that are vacant, opened and undeveloped
available for use by sale, lease, grant, transfer, conveyance, or otherwise to persons or families
of low and moderate income. The property shall be made available at a price which may take
into consideration the estimated fair market value of the real estate if the low or moderate income
persons or families have the financial ability or building trade skills to build on the vacant, open
and undeveloped land. The HRA may require an agreement from those persons to build on the
land within a reasonable period of time.
Conclusion
Pursuant to the above-reference statutes the HRA has the authority to:
1. Acquire the tax forfeited land directly from the county by an unrestricted
conveyance so long as the BRA pays the County an amount determined by the
LANG, PAULY & GREGERSON, LTD.
Mayor and City Council
February 13, 1996
Page 10
County to be not less than the property's value. The sale, lease, transfer or other
conveyance of tax forfeited lands by an HRA under Chapter 469 is not considered
an abandonment of the use for which the property was conveyed and the lands do
not need to be reconveyed to the state.
2. The HRA has the power under Chapter 469 to acquire vacant property to construct
new buildings or to provide for their construction and to pay for site preparation
costs. A variety of financing tools may be used to acquire the property.
3. The HRA is allowed to dispose of property in at least two ways. First, it may
convey property directly to private individuals or other entities at a price that takes
into consideration the estimated fair market value of cleared land. Second, the
HRA is also permitted to convey property to persons or families of low and
moderate income with or without accordance to a redevelopment plan. Pursuant
to this grant of authority the property shall be made available at a price which
may take into consideration the estimated fair market value of the real estate.
rfr\ep \txforfit\memo 1
14