HomeMy WebLinkAboutCity Council - 06/18/1996 CITY COUNCIL/STAFF WORKSHOP
ON TELECOMMUNICATIONS
TUESDAY, JUNE 18, 1996 6:30 PM, CITY CENTER
Heritage Room IV
8080 Mitchell Road
COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock, Ronald
Case, Ross Thorfinnson, Jr., and Nancy
Tyra-Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Assessing
Steve Sinell, Director of Public Works Gene
Dietz, City Engineer Al Gray, Division
Commander of Technical Support Gary
Therkelsen, Communications Coordinator
Terry Kucera, and Recording Secretary Barb
Anderson
PRESENTER: Legal Consultant Adrian Herbst, Fredrikson
& Byron, P.A. and Administrator of
Southwest Suburban Cable Commission
ROLL CALL
I. CALL MEETING TO ORDER
II. PRESENTATION BY ADRIAN HERBST (20 Minutes)
III. COUNCIL/STAFF DISCUSSION ON PRESENT STATUS & FUTURE
DIRECTION OF TELECOMMUNICATION PLANNING
IV. OTHER BUSINESS
V. ADJOURNMENT
1100 International Centre
900 Second Avenue South
Minneapolis, MN 55402-3397
FREDRIKSON & BYRON, P.A. FAX biz-00 7077
Attorneys At Law Direct Dial No.
(612) 347-7053
June 12, 1996
Carl Jullie
Manager, Treasurer/Secretary
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Carl:
Thank you for including me in the Eden Prairie City Council meeting scheduled for
Tuesday, June 18 at 6:30 p.m. I have enclosed with this letter a Proposal Memorandum
which I prepared for another client. I have substituted the City of Eden Prairie in place of
their city. The Proposal Memorandum includes a description of some of the
telecommunications matters, law, issues included in telecommunications planning, and what a
process might include. You and the City Council should understand that the Proposal
Memorandum is an outline I prepared at the request of a particular city and based upon its
ideas for such a process. The particulars of a telecommunications process can vary
considerably and, of course, is a matter that each city should independently evaluate based on
its own needs.
I look forward to the opportunity of meeting with you and the City Council on
Tuesday. If there are any questions in the meantime, please let me know.
Ve t y ours,
Adrian E. Herbst
AEH/dnd:547644
Enclosure
•
PROPOSAL MEMORANDUM
DEVELOPMENT OF TELECOnVIlVIUMCATIONS REGULATORY
STRUCTURE FOR THE CITY OF EDEN PRAIRIE, MINNESOTA
I. BACKGROUND
A. Description of the Telecommunications Act of 1996. The Telecommunications
Act of 1996 ("Act") has created considerable interest on the part of municipal
governments to implement regulatory tools to deal with the changing needs and
requirements for use of rights-of-way and other property and to address new
subjects, including telephone and personal communication services ("PCS")
that a City will likely regulate in the near future. The Act is also important
from the standpoint that it provides differences in regulatory requirements for
cable television, telephone and telecommunications, and zoning matters.
B. Technology Development. With the increased use of fiber optics as part of not
only cable television systems but as a chosen method to provide interactive
voice, video, and data transmission services, there has been considerable
interest on the part of the telephone industry to embark upon advanced
telecommunication services. In part, this led to the Act, which now requires
the interconnection of all telecommunications provider services to ensure a
national information infrastructure and to create opportunities equal for all
areas without regard to location or income. In fact, the "universal service"
policy is a matter that affects local regulatory structure and is a national
standard for review of any ordinance that a City may develop. The intent is to
ensure equal opportunity to the most advanced services throughout the country
and to create a seamless web of networks that will, in effect, be a broad band
capable of delivering voice, video and data services. It is incumbent upon
municipal governments to ensure that they become part of this information
superhighway, and to ensure that businesses, industries, and institutions, such
as schools and municipal governments, have opportunities to receive the
greatest possible benefits that it will provide.
C. New Services. Recently, the Federal Communications Commission ("FCC")
auctioned off a radio frequency spectrum (2 Ghz) at a cost of over $10 billion
to the telecommunications industry. The private developers of the PCS are
now seeking permission from municipal governments to deploy their systems.
A PCS system includes antenna towers and cell sites. The cell sites need to be
interconnected and a transmission path provided to ensure connection to a
Eden Prairie, Minnesota Proposal Adrian E. Herbst, Esq.
547337; June 12, 1996 Fredrikson & Byron, P.A.
Page 1 Minneapolis, Minnesota
central office and the local exchange and long distance carriers. By design,
these systems will include towers for antennas and microwave dishes spaced
much closer than existing cellular telephone towers. For example, cell sites
may be spaced approximately every quarter mile. The cell sites are small
antennas approximately two to three feet in height and will likely be placed on
various structures such as light posts, billboards, etc. However, they will need
to be interconnected via wire (fiber optics) or microwave, to tower sites which
can transmit via microwave to the central location of the PCS operator. This
necessitates high structures or antenna towers as high as 100 to 120 feet in
many instances to ensure that the microwave path transmits on a line-of-site
basis which is clear and unencumbered by trees or other obstacles. The
antenna towers are likely to be spaced approximately one mile apart. Existing
cellular telephone towers are approximately seven miles apart. This difference
may result in adding many new facilities within a municipality. Developing a
plan can reduce the amount of antennas and towers in the City and also
provide a tremendous revenue potential by establishing locations utilizing
existing City structures.
In addition to PCS, cable operators are redefining cable television services and
implementing fiber optic systems with multiple node sites. Additionally,
rights-of-ways are now being used for such services as competitive access
providers.
II. NEED TO DISTINGUISH BETWEEN TECHNOLOGIES AND SERVICES AND
COMMUNITY REGULATIONS AND OVERSIGHT
A. Cable Television.
1. The Cable Act. Generally, the Cable Act of 1984, and amended in
1992, governs the relationship between municipal governments and the
cable operator. In fact, the Cable Act establishes a national standard
regarding the requirements for local franchising. However, the Act
provided certain modification and redefined what is "Cable Service."
2. State Statutes. State statutes will likely have an impact on the authority
of municipal governments to control and manage public rights-of-way
for cable operators. State statutes are periodically updated and need to
be consulted with regard to any review or modification of the
regulatory structure relating to cable television services.
3. Municipal Franchises. Municipal franchises generally include at least
two documents relating to the governance of cable television services.
Eden Prairie, Minnesota Proposal Adrian E. Herbst, Esq.
547337; June 12, 1996 Fredrikson & Byron, P.A.
Page 2 Minneapolis, Minnesota
Typically, a master regulatory ordinance is developed that applies to
any cable operator. A separate ordinance or agreement is then created
between the cable operator and the municipal government detailing the
grant of the franchise and the terms and conditions of the grant for a
particular cable operator.
4. Cable Television Operators Utilize Public Rights-of-Way. Although
other services, including telecommunication providers, will likely use
rights-of-way, the Act makes it clear that the cable television services
must be distinguished from other services because of the specific
requirements applicable to it. In fact, the Act makes it clear that the
cable television regulatory structure does not apply to
telecommunication providers or the services that may be offered by
them. For this reason, evaluation is necessary to ensure that a separate
regulatory ordinance and other mechanisms are created directly related
to cable television services as distinguished from telecommunications
services.
B. Telecommunications Services.
Wired Services. It is important to distinguish wired services from
wireless services. Wired services typically utilize public rights-of-way
and include telephone competitive access providers and private fiber
optic networks (for transmission of video or teleconferencing services
between schools or other institutions, between businesses including
offices and manufacturing plants, telemedicine between medical offices
and colleges or universities). Common carrier telecommunication
providers are subject to new interconnection requirements under the
Act, and municipal governments are authorized to establish by
ordinance, management and control over the use of the rights-of-way
by telecommunication providers. In fact, the Act specifically
establishes the authority for state and local government to control and
manage public rights-of-way and states that fees charged for the use of
the right of way must be reasonable, competitively neutral and
nondiscriminatory.
As a consequence, it is essential to create a rights-of-way or a master
telecommunications rights-of-way ordinance with management and use
controls and fee structure as applied to all users of the rights-of-way,
which is consistent with the Act. The Act makes it clear that a local
rights-of-way ordinance is subject to regulatory oversight by the FCC.
To the extent any such ordinance is inconsistent with the overall goal to
Eden Prairie, Minnesota Proposal Adrian E. Herbst, Esq.
547337;June 12, 1996 Fredrikson & Byron, P.A.
Page 3 Minneapolis, Minnesota
ensure universal service (due to regulations at a municipal level that are
overly burdensome), the FCC then has preemptive authority.
As part of the structure that needs to be put in place for insuring the
appropriate controls with regard to regulating the use of the
rights-of-way by telecommunication providers, the following may be
considered:
• A master telecommunications rights-of-way ordinance.
• An application form.
• Procedures for making an application, including application
review procedures and a standard for acceptance or denial.
• A fee schedule.
• Franchise agreement form.
• A license agreement form (those that do not provide service
within the municipality would be subject to a license versus a
franchise).
2. Wireless Services. As stated above, a need exists to distinguish
between wired and wireless services. This is due to the fact that
wireless services will not generally be utilizing rights-of-way but rather
other properties in the City. It will utilize antenna towers for line-of-
site microwave distribution and location of cell sites.
a. Services.
(1) Wireless services include PCS.
(2) SMATV (Satellite Master Antenna Television Systems).
(3) Cellular Telephone.
(4) Direct Broadcast Satellite Services (municipal
government cannot regulate dishes on homes).
b. Regulatory Stnicture. A regulatory structure that may be
separate from the Rights-of-Way Ordinance, or part of it.
Proper planning can ensure a tremendous revenue potential for
the City. It can also prevent the potential unsightliness and
other adverse impact to the City as the result of unplanned
Eden Prairie, Minnesota Proposal Adrian E. Herbst, Esq.
547337; June 12, 1996 Fredrikson & Byron, P.A.
Page 4 Minneapolis, Minnesota
proliferation of the antennas and towers. Provisions relating
specifically to wireless services will include a list of the
following:
(1) A regulatory ordinance, which includes an application
procedure, fee requirements, and standards for review
and approval.
(2) Zoning ordinance, including requirements for locating
antennas at locations identified by the City and
co-location of competing services.
(3) Lease agreements (governing the use of public properties
in establishing rental charges).
(4) Permits.
III. OTHER AND OPTIONAL PLANNING CONSIDERATIONS
A. Inventory. Inventory of existing services and regulatory control and
consideration of existing agreements, which may be amended or modified
consistent with new requirements.
B. Community Needs Assessment. Determination of community needs to assist
the City in developing an overall telecommunications plan that will guide its
negotiations in approvals of telecommunication service providers. The needs
assessment will relate to the needs and requirements of at least the following:
1. Residences
2. Businesses
3. Institutions (schools, hospitals, colleges and universities)
4. The municipal government
C. Examination of Municipal Ownership Alternative.
D. Negotiation of Community Needs.
E. Administration and Oversight of Telecommunication Services.
Eden Prairie, Minnesota Proposal Adrian E. Herbst, Esq.
547337; June 12, 1996
Fredrikson & Byron, P.A.
Page 5 Minneapolis, Minnesota
IV. THE PROCESS
A. Initial Phase. Together with Charles Gramlich, Fredrikson & Byron will
review the City existing regulatory structure. This will include the cable
television ordinances and agreements, zoning code requirements and any
existing controls relating to antennas, towers, microwave dishes, and related
equipment. It will be essential for us to have an overall sense of what is in
place, what may be modified and the extent to which changes can be
incorporated to implement the latest legal requirements. We propose to:
1. Develop recommendations and options for consideration by the City.
2. Prepare a process outline regarding telecommunications planning and
developing the regulatory structure and other documents that will aid
the City in controlling all cable television and telecommunication
services.
3. Educational and planning agenda. Create an agenda for an
organizational and planning meeting. This will include at least the
items set forth in Paragraph B below.
B. Organizational and Planning Meeting.
1. Educate key municipal officials about telecommunications planning
requirements, and update them on federal and state requirements, as
well as the impact of the Act. Also, provide background information
relating to new technologies and services and what they look like, how
they may have an impact on the City and what other cities are doing.
2. Present a preliminary report outlining Fredrikson & Byron's and
Charles Gramlich's review-to-date, including summarization of their
existing regulatory structure.
3. Outline process to inventory the City's resources suitable for the
location of antennas and propagation studies (signal coverage area of
site locations identified as suitable through the inventory process).
Also, outline parameters of City goals relating to the use of these sites
and the supporting document with City charges to be utilized by
potential developers of PCS and other communication systems.
4. Establish a definitive process and product requirements for development
as a result of the process, i.e., ordinances, agreements, leases, etc.
Eden Prairie, Minnesota Proposal Adrian E. Herbst, Esq.
547337; June 12, 1996 Fredrikson& Byron, P.A.
Page 6 Minneapolis, Minnesota
5. Determine the responsibility of all participants, including Fredrikson &
Byron and Charles Gramlich.
6. Create a timeline for the process.
7. Determine necessary communications between those participating in the
process and the governing body of the City, including whether an initial
educational or public forum should be conducted to aid the governing
body in understanding the nature of the telecommunications planning
process.
8. Outline considerations regarding industry participation.
C. Initiation of Telecommunications Planning Process. Based on the results of
the organizational meeting and the planning process to date, the guidelines for
proceeding will be in place. At that time, Charles Gramlich and Fredrikson &
Byron will be ready to proceed and to perform the services identified in the
initial organizational meeting. This may include evaluation of rights-of-way
value for purposes of determining a fee structure, co-location studies to
identify appropriate buildings and other structures for placement of antennas
and line of sites for PCS system, coordination with the City's planning
department to create an overall plan, development of surveys and
communications to key persons within the municipal government and in
business and industry and other institutions in the City through a needs
assessment process and ongoing coordination with a committee designated by
the City for implementing the process. Fredrikson & Byron is prepared to
create the necessary documents, including all ordinances, agreements and
leases essential for establishing an appropriate regulatory structure.
It is anticipated that at the organizational meeting the City will identify what
additional or optional requirements are necessary, including those identified in
III above. If the optional items are required, Fredrikson & Byron will work
together with the City's Committee to include them as part of the process.
V. TIMING
Fredrikson & Byron and Charles Gramlich are prepared to begin work immediately
on behalf of the City. We believe it is essential for the City to allow us to develop
the background information and study options and to establish an organizational and
planning meeting as soon as possible. This will permit us to help the City implement
what is necessary and to ensure that essential education and information is
communicated to those that will be participating in the process on behalf of the City.
Eden Prairie, Minnesota Proposal Adrian E. Herbst, Esq.
547337; June 12, 1996 Fredrikson & Byron, P.A.
Page 7 Minneapolis, Minnesota
We have found that many cities are confronted with immediate needs for
communication documents and an interim structure. It may be that the City will want
to adopt a moratorium ordinance to allow sufficient time to prepare its plan and to put
in place a regulatory structure. Alternatively, some cities have reacted to PCS
operators by granting approval of various lease agreements or franchise agreements
on an interim basis until the appropriate standards can be put into effect. However,
by doing so, there may be a risk involved. That is due to the fact that it is important
to ensure that the City understands the entire design of a PCS system before granting
approval to a particular piece of it or simply signing a lease agreement to use a
building or other structure such as a water tower without having an understanding of
what the whole system will look like.
We are prepared to immediately assist the City in dealing with interim problems and
issues. We can also help identify the appropriate means by which the City can share
that the interim approvals can be accomplished without disruption of the overall
planning process.
Once the planning process is started and the City authorizes Fredrikson & Byron and
Charles Gramlich to commence work, we will begin immediately and can establish an
organizational and planning meeting right away. This assumes that we can receive
the necessary materials from the City in a timely manner to allow us sufficient time to
review and examine those materials in preparation for the organizational meeting.
IN CONCLUSION
We trust that the above outline of our background and what we perceive as the requirements
for telecommunications planning will provide you with "the big picture." At this point, we
are merely providing you with our recommendations regarding how the City should oversee
this complex process. We expect the City will have its own expectations and will already
have identified certain needs and requirements.
We want to assure you that we are flexible in our approach and that we are prepared to work
as a team with you to achieve an effective, definitive process.
Eden Prairie, Minnesota Proposal Adrian E. Herbst, Esq.
547337; June 12, 1996 Fredrikson & Byron, P.A.
Page 8 Minneapolis, Minnesota
()RAPT
Bloomington CityCouncil
g
Policy Statement Regarding the Use of City Owned Land for
Wireless Telecommunication Antennas and Towers
Effective Date:
1. Introduction
The City of Bloomington has received requests from wireless telecommunication
providers to place wireless telecommunication antennas and towers on City owned
property. The Bloomington City Council has determined that a uniform policy for
reviewing these4requests is desirable.
2. Priority of Users
Priority for the use of City owned land for wireless telecommunication antennas and
towers will be given to the following entities in descending order:
A. City of Bloomington;
B. Public safety agencies, including law enforcement, fire, and ambulance services,
which are not part of the City of Bloomington and private entities with a public
safety agreement with the City of Bloomington;
C. Other governmental agencies, for uses which are not related to public safety;
and,
D. Entities providing licensed commercial wireless telecommunication services
including cellular, personal communication services (PCS), specialized mobilized
radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar
services that are marketed to the general public.
3. Minimum Requirements
The placement of wireless telecommunication antennas or towers on City owned property
must comply with the following requirements.
A. The antennas or tower will not interfere with the purpose for which the City
owned property is intended;
B. The antennas or tower will have no adverse impact on surrounding private
property;
C. The applicant is willing to obtain adequate liability insurance and commit to a
lease agreement which includes equitable compensation for the use of public
land and other necessary provisions and safeguards. The fees shall be
established by the City Council after considering comparable rates in other cities,
potential expenses, risks to the City, and other appropriate factors;
D. The applicant will submit a letter of credit, performance bond, or other security
acceptable to the City to cover the costs of the antenna or tower's removal;
E. The antennas or tower will not interfere with other users who have a higher
priority as discussed in Section 2;
All applicants who wish to locate a wireless telecommunication antenna or tower on City
owned property must submit to the City Manager a completed application and detailed
plan that complies with the submittal requirements of the Zoning Ordinance along with
other pertinent information requested by the City.
6. Termination
The City Council may terminate any lease if it determines that any one of the following
conditions exist:
A. A potential user with a higher priority cannot find another adequate location
and the potential use would be incompatible with the existing use;
B. A user's frequency broadcast unreasonably interferes with other users of a
higher priority, regardless of whether or not this interference was adequately
predicted in the technical analysis; or,
C. A user violates any of the standards in this policy or the conditions attached to
the City's permission.
Before taking action, the City will provide notice to the user of the intended termination
and the reasons for it, and provide an opportunity for the user to address the City Council
regarding the proposed action. This procedure need not be followed in emergency
situations.
7. Reservation of Right
Notwithstanding the above, the City Council reserves the right to deny, for any reason, the
use of any or all City owned property by any one or all applicants.
Adopted by Resolution Number:
At the Bloomington City Council Meeting of:
Mplaminecomtow«Volicy3.doc
Cities seeking ways to cash in
•
on fiber-optic rights of way
The information age "The dirt is free,"said Leonard
Krumm, a Minneapolis public
needs more wiring, • works official."It's the hole in the Narrow view
and your street may ground that costs a lot of money." From the cities' point of view,
loss of local control could cost
For cities like Minneapolis —
be a preferred route. - caught between ever-tightening money.Minneapolis City Council
. ,.. 7.,,..„..., �. budgets and growing social needs Member Steve Minn said, "The
.' : — new franchise, licensing and public right of way is an asset"
For óitiés, permit fees for laying down fiber- By one recent estimate, the
optic line are seen as a way to city's total right-of-way infra-
recoup costs, hold down taxes structure—all the property un-
■ and possibly generate millions of der public streets, sidewalks and
fibetóptic dollars in newrevenue to boot. other thoroughfares — is worth"We need to make it clear that some$2.2 billion.
this is something we own,some- Until now, city public works
body else is using it and that the officials have tended to take a
rights rnay taxpayers need to be sat- narrow view of the public right of
compensat-
ed,"said Ways and Meanseans Chair-
hair- way.Access has not been viewed
woman Joan Campbell during a as a commodity that can be sold
bran• recent City Council discussion. or leased.
cashFees for street work are typi
gPublic commodity cally a fraction of actual costs.
Not surprisingly, telecom- For example, Minneapolis cur-
.By Kevin Diaz munications companies don't rently charges a flat$25 for each
:Star Tribune Staff Writer ... necessarily see it that way, and
- are likely to fight new fees and
• :-Talk to some folks in City Hall regulations. "cut," regardless of size. While
•aiiout Minneapolis streets and U S West Communications,for utility companies must repair and
:avenues, and pretty soon they example,has tried to block legis- resurface their work sites,di
start trying to sell you. "access" • lative efforts to define cuts in the up.and "rights of way," like the road as a commodity that must �b`�ears.shortens their useg
roads were paved with gold. bepaid for. y y
de-
-.,.Well, asphalt is asphalt, but Meanwhile,recent federal de-
p p In a case that's being watched regulation has brought increased
• ihere's fiber optics in them that by city officials around the state, competition amongtelecom-
streets! And faster than you can U S West has sued the city of munications comanies and
say telecommunications deregu- Redwood Falls, Minn., in an at- more requests to dig up city
lation, there's going to be a heck more requests to dig up city
tempt to upend a 1990 ordinance streets,
of a lot more of it. regulating the installation of fi- Besides U S West,several other
Was a time you could dig up _ ber-optic lines and imposing a firms are angling to lay fiber-op-
city streets and find nothing un- tiny payment for the use of public tic lines in Minneapolis, officials
derneath but sewer, water, elec- right of way. say. They include AT&T, Sprint,
tricity and gas lines. Pretty U S West also has filed a peti- MCI and others. -
straightforward;little controversy. tion with the Minnesota Public "Most cities are in the same
But fiber-optic line is the stuff Utilities Commission(PUC)to re- boat we're in,"said Assistant City
from which an information revo- quest that the state assert exclu- Engineer Mike Monahan.
lution is made.There are myriad sive jurisdiction over "substan- But for Minneapolis, the "In-
providers competing to wire the
five regulation" of phone, televi- formation Age"and its attendant
city. sion and computer data lines, street cuts couldn't have come at
And since most of the cable thus preempting local authority. a worse time. The city is just
gets laid beneath public roadways Because there's so much at completing a 30-year street-pay-
-roads built at taxpayer expense stake for cities, the League of ing project.
cities across America, large Minnesota Cities has joined the And, while city officials may
and small, are starting to see fight on behalf of Redwood Falls want to minimize disruption to
something of value beneath all both in court and before the PUC. thoroughfares, some companies
that tar,something that until now "Our immediate concern is may want exclusive use of their
has practically been given away. having some balance," said own facilities, duplicating lines
• League representative Ann Hig- that are already there.Others,in
gins. "Cities need to be able to an effort to stifle competition,
control and maintain an infra- may balk at leasing excess line
structure they've been charged capacity to competitors.
with taking care of." There's no master plan. So
what's a city to do?
-;—\'N7
M - FRIDAYFAX
League of Minnesota Cities Vol. 1,No. 13
Cities promoting excellence A weekly legislative update from the League of Minnesota Cities June 5, 1996
SPECIAL EDITION
Lawsuit dismissed, but issue is far from settled
PUC, legislative actions still to come
In the wake of the District Court tors authorized League interven- The judge's order, which US
decision to dismiss the US tion on behalf of Redwood Falls. West is expected to appeal, does
West lawsuit against Redwood In the joint motion to dismiss the not preclude US West or other
Falls, Minnesota city officials case, the League and Redwood telecommunications providers
should be satisfied with the Falls argued that state law autho- from bringing additional district
outcome, but wary of the future. rizes cities to regulate the con- court actions alleging improper or
"We are obviously very struction and maintenance of excessive regulation.
pleased with the District Court utility lines within streets, alleys, If your city needs further
ruling;'said Jim Miller, League of and other public grounds. information or assistance in
Minnesota Cities Executive Direc- The suit in District Court is establishing defensible regulations
tor. "However,we know full well only part of US West's strategy to that meet your city specific needs,
that this decision will not finally challenge local control of the please contact the League.
resolve the issue. Cities need public rights of way. US West has Control of public rights of way
to prepare and implement a also asked the Minnesota Public is high on the agenda as cities
long term strategy for shaping Utilities Commission to intervene gather next week in Rochester for
a state telecommunications and and take control of local rights of the League of Minnesota Cities
utility right of way policy:' way. That decision is expected Annual Conference. At the
Late Friday afternoon, Judge later this summer. League Annual Meeting, mem-
George Harrelson of the Fifth "It's important to remember ber cities will discuss an ambi-
District Court dismissed a lawsuit that the proceedings initiated by tious and unique work program
brought by US West against the US West with the Public Utilities related to the right of way issue.
City of Redwood Falls asking for Commission remain an immedi- As proposed,this work program
preemption of local regulation. ate concern:' said Miller. "Any contemplates a substantial
US West claimed that the state PUC action will not be directly additional financial commitment
Public Utilities Commission (PUC) affected by the District Court from members.
has exclusive authority over the ruling." City officials do not need to
construction of telephone lines In his order dismissing the register for the Annual Conference
and that cities do not have the lawsuit, Judge Harrelson wrote to attend the Annual Meeting on
authority to regulate how fiber "...The Minnesota Legislature has Thursday afternoon. If a repre-
optic cable must be installed or not divested Minnesota cities of sentative of your city can not
determine how much private their right to impose reasonable attend the Annual Meeting, we
utilities must pay to use city regulations and to charge a encourage you to contact us
streets. reasonable franchise fee for the regarding your thoughts on this
US West objected to a Red- use of their streets and services." matter.
wood Falls ordinance requiring
utilities burying major trunk fiber With an issue this important, we thought it was necessary to mail this
optic cable to either encase it in special edition of FridayFax to all Mayors and Managers after sending it
concrete or limit the city's liability. to our existing fax list on June 5. If you have a fax machine but didn't
After considering potential state- receive this as a fax,please let us know so we can update our list. If your
wide implications, the League of city hall doesn't have a fax, this is an example of the breaking news you
Minnesota Cities Board of Direc- missed during the legislative session.
L
• JUN 11 '96 03:31PM LEAGUE OF MN CITIES P.1
1_J , 'II-we
�I\
L.M/ C
145 University Avet iae West, St. Paul,MN 55103-2044
League of ill:,.,..r•1a c s Phone! (Gi7)7R1.-1200 • (FM)97 5.1122
C:eG.r :»y. .R Fax: (612)281-1299 • TDD (612)281-1290
June 10, 1996
TO: Members,Telecommunications task Force;other interested ottieials
FROM: Ann Higgins,intergovernmental Relations Representative
RE: .U)cvelopmcnt of Coalition on Metro Area Telecommunications/
Information Infrastructure Needs
Mary Trcacy,Executive Director of Metronct,has sent me a copy of an invitation
(attached)to an important meeting to be held from 8:30- 11.30 a.m.,Wednesday,Jwie 19,at
International Market Square in Minneapolis. Check at the desk for the mom location.
Cal]Metrimet at 646-0475 to make reservations.
CiinVGning organizations iai 1Utk:
C.ilivenc T.ragne
Intermediate School District JJ's 287 and 916 and member schools
Minneapolis and St.Paul Public Schools
TIES and member schools
Metro Cable Network/Channel 6
Metronet and member libraries
Metropolitan Library Service Agency(MELSA)
Metro 2 and member schools
Metro Educational Cooperative Service Unit(ECSU)and member schools
Minnesota High Technology Council
Telecommunications and Information Policy Round-Table(TIPR)
.I ciceommurncations and Information Policy Forum(Humphrey Institute)
Twin Cities Public Television
This is an important opportunity to explore the prospects for collaboration on a metropolitan
level to spur and influence the potential for the creation of a regional broadband
telecommunications network to serve diverse needs throughout the metro area. Please let me
know if you or somebody flow you iuganiLatiuu will be attending. Be scut to call Metionel to
make your reservation
Attaehrnent PoPont
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AN EQUAL OPPORTUN1T /AFb'1RMATIVk:Ar:.TiriN F.MPT.OVER
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Metro Partners Telecommunications Initiative
Invitatton and Call to Action
You arc invited by the Metro Parma Telecommunications Initiative
to participate in a meeting on June 19th. 8:30 - 11:30 A.M. at
International Market Square,Minneapolis,to explore the potential for
collaborative action on metro area telecommunications and
information infraat ucWcz needs. The goal of the meeting is to lay the
ground work for oreadng a coalition among telecommunications and
infonmatiou users and to clarify future action.
The convenors include a number of groups, organization and
institutions. Among the convenors are the principals of Project
Interconnect,a collaborative involving a broad spectrum of education
and information institutions which will report on some of the benefits
that have already been realized from common action.
Project Interconnect and the other convenors hope you will join in this
effort to build a partnership for strengthening the user voice in
securing telecommunications and information services and in
developing an integrated infrastructure for the metro region_
The steering committee organizing the agenda for the June 19th
meeting includes: Clark Kirkpatrick, TIES; Bill Leto, Hennepin
Technical College; Mark Lynch, KTCA-K.TCI Television and Mary
Treaty,Metmnet,
Please call,fax or e-mail reservations to Martinet:
Phone: 612/646-0475
Fax: 612/646-0657
e-mail: Info@tnctronet lib.wn.ns
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 18, 1996 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Patricia Pidcock,
Ronald Case, Ross Thorfinnson, Jr., and
Nancy Tyra-Lukens
CITY COUNCIL STAFF: 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 Barb Anderson
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
IL OPEN PODIUM
III. MINUTES
A. COUNCIL/STAFF WORKSHOP HELD TUESDAY, MAY 28, 1996
B. JOINT CITY COUNCIL/HUMAN RIGHTS & DIVERSITY
COMMISSION MEETING HELD TUESDAY, JUNE 4, 1996
C. CITY COUNCIL MEETING HELD TUESDAY, JUNE 4, 1996
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. EDEN PRAIRIE PRESBYTERIAN CHURCH by Eden Prairie
Presbyterian Church. 2nd Reading of an Ordinance for Zoning
District Change from Rural to Public on 12.18 acres; Adoption of a
Site Plan Review on 12. 18 acres and Approval of a Developer's
Agreement for Eden Prairie Presbyterian Church by Eden Prairie
Presbyterian Church. Location: Pioneer Trail and County Road 4.
(Ordinance for Zoning District Change and Resolution for Site
Plan Review)
City Council Agenda
Tuesday, June 18, 1996
Page Two
C. INCREASE IN 1996 CDBG ENTITLEMENT Approve assigning
$7,350 in additional 1996 Community Development Block Grant
(CDBG) funds to the scattered site rental housing activity approved
by the City Council March 12, 1996.
D. RESOLUTION APPROVING FINAL PLAT OF LAKEVIEW OFFICE
CENTER (located south of West 78th Street)
E. RESOLUTION APPROVING FINAL PLAT OF SHORES OF
MITCHELL LAKE 4TH ADDITION (located west of Mitchell Lake)
F. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
DELL ROAD FROM LINWOOD COURT TO 520 FEET SOUTH OF
SCENIC HEIGHTS ROAD, I.C. 96-5420
G. RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT WITHIN THE MnTX BUSINESS CAMPUS
H. REQUEST FOR GRADING PERMIT FROM GREG GEISLER, 8899
HIDDEN OAKS DRIVE, TO CONSTRUCT BERM
V. PUBLIC HEARINGS/MEETINGS
A. STARING LAKE TOWNHOMES by Pulte Master Builders. Request
for Comprehensive Guide Plan Change from Low Density, Medium
Density, and High Density and Office to Medium and High Density
Residential and Office on 88.5 acres, Zoning District Change from
Rural to RM-6.5 and RM-2.5 on 38.5 acres, Planned Unit
Development Concept Review on 88.5 acres, Planned Unit
Development District Review on 38.5 acres, Site Plan Review on
38.5 acres, Preliminary Plat of 38.5 acres into 394 lots, and EAW
review. Location: Anderson Lakes Parkway and HWY. 169.
(Resolution for Comprehensive Guide Plan Change, Ordinance
for Zoning District Change from Rural to RM-6.5 and RM-2.5 and
PUD District Review, Resolution for PUD Concept Review,
Resolution for Preliminary Plat) Continued from May 7 and June
4, 1996 Council meetings)
VI. PAYMENT OF CLAIMS
VII. ORDINANCES AND RESOLUTIONS
VIII. PETITIONS, REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
City Council Agenda
Tuesday, June 18, 1996
Page Three
X. APPOINTMENTS
A. ARTS COMMISSION - Appointment to fill a vacancy on the Arts
Commission for a term to expire March 31, 1998
Xi. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
1. Authorization to Engage Professional Architectural
Services to Design Liquor Store No. 4, and Order
Preparation of Plans and Specifications
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XIII. ADJOURNMENT
Tfemrgf
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 28, 1996 7:00 p.m. CITY CENTER
COUNCIL/STAFF WORKSHOP Heritage Room IV, 8080 Mitchell Road
COUNCILMEMBERS: Mayor Jean Harris, Councilmembers Ron
Case, Nancy Tyra-Lukens, Patricia Pidcock,
and Ross Thorfinnson, Jr.
CITY COUNCIL STAFF: City Manager Carl Jullie, Assistant City
Manager Chris Enger, Personnel Coordinator
Michael Barone, Director of Parks,
Recreation and Facilities Bob Lambert,
Police Chief Jim Clark, Director of Public
Works Gene Dietz, Director of Assessing
and MIS Steve Sinell, Director of Finance
John Frane, Director of Inspections Kevin
Schmeig, Assistant Finance Director Don
Uram, Accountant Sue Kotchevar, and
Barbara Anderson, City Recorder
CALL TO ORDER
The meeting began at 7:05 p.m. Ross Thorfinnson, Jr. was absent.
II. BUDGET DISCUSSION
A. OVERVIEW
Mayor Harris reviewed the goals for the workshop which included development of
a framework for the budget and establishing parameters for the next years
expenditures.
Jullie noted that two items needed to be added for discussion which were an update
on performance measurement process and establishment of a City Council
subcommittee to review staff benefit programs, including sick leave policies.
Enger reviewed the goals and assumptions which were established for the
development of the 1996 budget. The Council needed to make revisions to these
assumptions and reach a consensus on strategy to be used in development of the
1997 budget. Most of these will be general discussion items for the Council.
B. ASSUMPTIONS
Enger stated that staff had assumed a certain percentage of market and new
construction growth in Eden Prairie for the coming year, and this included market
value and tax capacity projections. It also included a fiscal disparity calculation.
He noted that they were low on residential development and with the changes the
I
CITY COUNCIL WORK SESSION MINUTES
May 28, 1996
Page 2
City Council made in the City's spending policy, it will put the City in a good
position to develop the 1997 budget. He stated that a downturn in development has
been foreseen due to the supply of land. At this point, staff anticipates the MUSA
line will be open for construction in 1997. The revenues from fees will be lower
in 1997 but they should be back up in 1998-1999. He noted there was no change
predicted in the fiscal disparities law.
He noted that the tax impact on median residential homestead properties increases
4% per year. They would prefer to target increases in City taxes between 3% to
6% per year, and would prefer to be on the lower end because of the limitations
the Council made in spending last year.
He noted that tax levies were based in projected tax capacities and tax rates. The
5% tax increase based on 4% market value increase will be different. He noted
that there would also be a new TIF district established for the Eden Prairie Center
mall.
C. STRATEGIES
The changes to the strategies will be to target the 4% increase, and he noted that
the fee structure has been revised. The City will have to reexamine operating
expense projections, which should increase less than 6%. The general fund taxes
should be about the same as last year. If a new liquor store is built near the Cub
store it will increase these revenues. Enger noted that the inflation rate has been
less than 3% so far this year.
Enger reviewed the assumptions set forth by staff for the 1997 budget
development. These include:
1. Growth factors for existing property taxes to remain at the 1996 level.
2. MUSA line expansion will be allowed in 1997.
3. Decrease in developable acreage in the southwest area due to airport
expansion.
4. Decrease in the amount of residential development in 1977 because of the
MUSA line expansion delay.
5. Eden Prairie meets the requirements of Liveable Communities Act.
6. A new TIF district will be created for Eden Prairie Center in 1996.
7. Development projections will be evaluated and revised.
Enger reviewed the 1996 budget strategies, and noted that the City needs to
develop a new contingency plan to offset unforseen expenses that may arise,
because with the decrease in development they will need to have some type of
savings to provide for some type of maintenance and long term capital
improvements which they cannot rely on growth to provide. The City has not
accounted for a recession in any of these projections, and this should also be taken
CITY COUNCIL WORK SESSION MINUTES
May 28, 1996
Page 3
under consideration. Enger noted that they may be able to change the tax rates for
median valued homes based on the figures for this year. Sine11 commented that
there will be a shift in the tax base toward commercial/industrial rates increasing
more than the rates for single family residential.
Enger reviewed the proposed budget strategies for the 1997 budget development
process. These include:
I.evel 1. Operating Expenses (on-going). This includes new programs, such as
MIS and additional employees being added.
I eveLL. Capital Equipment to Maintain Operations (3-5 years). This includes
computers and technology additions, and possibly office furniture, etc.
Level 3. Equipment Revolving Fund (3-5 years).
Level 4. Capital Maintenance Replacement (10-20 years). This includes building
maintenance programs and such items as pavement maintenance, etc.
Level 5. Capital Improvements (10-20 years). This includes items such as
replacement of park shelters and major construction projects.
These strategies will need to be discussed in detail as some of them have not been
previously included in the budget. Staff believes that they are things that need to
be planned for. The park shelters are projected to have a ten year life and some
of them have been used for fifteen or more years already.
Mayor Harris commented that they could hold a bond issue to build them but a
proposal would need to be assembled. Lambert commented they could replace the
shelters on a piecemeal basis as some of them can be nursed along but there are
also trails that need repair and playground equipment that needs to be updated and
replaced because of the new safety standards which have to be met. He believed
perhaps a combination of funding sources would be a way to achieve these goals.
Enger discussed the revenues which the City anticipated for 1997, and noted that
the City could initiate a property tax increase of less than the 6% projected last
year. He noted they must prepare for a lag in property tax collection due to the
delay in the expansion of the MUSA line. He stated there were three budget
scenarios staff had considered. One is the base budget, which maintains the same
operating expenses as the 1996 budget, but contains no contingency plan. The
recommended budget scenario includes an increase in operating expenses to fund
a new MIS system and additional staff members, information included in other
critical areas, and begin funding for emergencies. A third scenario would be a
savings budget, which would include a savings plan plus funding for capital
maintenance and improvements that will be part of the future Capital Improvement
CITY COUNCIL WORK SESSION MINUTES
May 28, 1996
Page 4
Plan. These will be the items for discussion at the next budget workshop meeting.
M. PERFORMANCE MEASURES
Schmieg reviewed the performance measurement criteria which will be required by the
State in the future. These will include such items as:
1. Workload or demand measures. This would include such items as numbers of
building permits issued, zoning complaints handled, acres of parkland mowed,
miles of City streets plowed, numbers of fire inspections performed, etc. Initially
this has to be demonstrated to the City Council but it will eventually be sent to the
Auditor or higher. Staff will report this information to the City Council, and it is
already being done to some degree to justify expenditures.
2. Efficiency measures. These would include items such as the cost of reviewing a
building permit, the cost of resolving a zoning, complaint, the cost of mowing an
acre of parkland, the cost of plowing a mile of City streets or the cost of
performing a fire inspection. This would provide data to make decisions on how
to use resources.
3. Effectiveness measures. This would include the percentage of contractors satisfied
with the length of time it takes staff to issue a permit, the number of households
satisfied with the resolution of zoning violations, and the percentage that feels that
the parks are adequately maintained, etc. Performance measurement must never
become an end unto itself, but is used to show the public that the City is being a
good steward of its resources.
These effectiveness measures will provide a means of gauging how effective City services
are perceived by the public. Staff will initiate the process of measuring efficiency
effectiveness of several cross-functional processes. They will perform a gap analysis to
determine if improvement is needed and if it is, then a process for improvement will be
implemented.
Concern was expressed that they not make measuring services something that was done
just to measure things, and staff was not supportive of having the state determine the
reporting processes of municipalities in even more areas. Enger noted that this was a
general overview of the process and how it will be implemented in the 1997 budget.
Dietz commented that some years the City performed better than others and he preferred
to see any additional dollars rolled over into other expenses that are not funded and are
long-term issues. Pidcock commented that her sources indicate that the economy will be
taking a downturn sometime in the near future, but did not predict exactly when that would
occur. Enger noted that staff would take this into account in the projections of growth for
1997. Uram noted that the City's mutual fund managers expected a recession within the
next two years. Harris commented that as long as staff maintained it's conservative
CITY COUNCIL WORK SESSION MINUTES
May 28, 1996
Page 5
approach, the budget should be acceptable to the Council. Discussion ensued regarding
the next budget meeting, and Jullie noted it would be on July 23rd. The preliminary
budget will be reviewed in August and the recommended budget will be adopted by the
end of September.
Enger noted that opt-outs could go under their own levy but would show up on the tax
statements under City taxes, but he was concerned that people would not understand that
these were not levied City taxes. Harris commented that the media should be used to make
this clear to Eden Prairie residents that this was not part of the City tax structure.
Mayor Harris noted that she and Thorfinnson would serve on the Council Subcommittee
to review City Personnel policies.
IV. ADJOURNMENT
The meeting adjourned at 9:00 p.m.
5
UNAPPROVED MINUTES
JOINT CITY COUNCIL/HUMAN RIGHTS & DIVERSITY COMMISSION
TUESDAY,JUNE 4, 1996 6:30 PM, CITY CENTER
Heritage Room III& IV
COUNCILMEMBERS: Mayor Jean Harris, Ronald Case, Patricia
Pidcock, Ross Thorfinnson, Jr., and Nancy Tyra-
Lukens
HUMAN RIGHTS & DIVERSITY
COMMISSION MEMBERS: Chairperson Julie Savoie Wingert, Melissa
Beckmann, Richard Helzel, Vladimir Kozyrev,
Ramon L Reina, Gloria Winans, Munna Yasiri,
Deborah Yungner, and Student Representatives
Joseph Moarefi and Cory Knudtson
COUNCIL/COMMISSION STAFF: City Manager Carl J. Jullie, Director of Human
Resources & Community Services Natalie
Swaggert, and Recording Secretary Jan Nelson
ROLL CALL
Mayor Harris called the meeting to order at 7:00 p.m. Councilmember Pidcock was absent.
Commission Members Yasiri and Knudtson were absent.
I. INTRODUCTIONS
Commission members and Councilmembers introduced themselves.
IL PRESENTATION/STATUS OF WORK PLAN
Wingert said last year under Chairperson Schuck's leadership the Commission put a lot of
effort into finishing off some old projects. This year the Commission has developed some
new efforts. Commissioners want to resume their role as an advisory commission and not
just sponsor events.
Wingert reviewed the objective to increase community awareness of human rights and
diversity, through activities such as the Human Rights Award, the youth scholarship,
diversity training, and their commitment to working with the schools.
Case noted he would like to see events remain on the schedule every year at the same time;
however, they would not have to be exactly the same program from year to year.
I
JOINT CITY COUNCIL/HUMAN RIGHTS & DIVERSITY MINUTES
June 4, 1996
Page 2
Harris wanted to be proactive in reaching out to the many new ethnic groups that are coming
into the community. She would like to find ways to involve these groups in our on-going
celebrations in order to help prevent isolation.
Helzel reviewed the Commission's objectives for ADA compliance. He said the key that is
followed by most businesses is that of reasonable accommodation. He suggested that the
City should have copies of documents available in Braille and on tape for those who need
them.
Beckmann reviewed the Bias Crime Response Network. She noted we have not had to use
the network yet, but the Commission keeps in communication with Peter Huck who heads
up the network. Swaggert noted that the Commission has worked with the Police
Department to bring incidents to our attention.
Beckmann said that we use West Suburban Mediation for alternative dispute resolution.
Harris asked if training is provided to commission members. Swaggert said the State
withdrew the agreement to provide training. Tyra-Lukens asked how often West Suburban
is used. Swaggert said they mediate more than just no-fault grievances, and there have been
10-12 cases a year. Thorfinnson noted West Suburban Mediation also does mediation for
juvenile property offenses.
Wingert said the final objective of the Commission is to maintain communication with other
organizations in the community and the business community.
III. IDENTIFICATION OF ISSUES REQUIRING CITY COUNCIL INPUT
IV. CITY COUNCIL FEEDBACK AND DIRECTION
Mayor Harris complimented the Commission on a wonderful work plan.
V. ADJOURNMENT
Mayor Harris adjourned the meeting at 7:30 p.m.
2
VeinEre
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,JUNE 4, 1996 7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris,Ronald Case,Patricia
Pidcock,Ross Thorfinnson,Jr., and Nancy Tyra-
Lukens
CITY COUNCIL STAFF: 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
PLEDGE OF ALLEGIANCE
ROLL CALL
Councilmember Pidcock was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Jullie added item IV.I. RESOLUTION 96-91 APPROVING FINAL PLAT FOR
LIFETOUCH ADDITION and Item IV.J. STATEMENT OF RECOMMENDATION
TO HENNEPIN COUNTY BOARD TO REAPPOINT PERRY FORSTER TO THE
RILEY/PURGATORY CREEK WATERSHED DISTRICT.
Case asked how item IV.I. was different from the items included in item IV.D. for the
Lifetouch project. Jullie said this is the resolution for final plat approval, as described in the
Staff Report of June 4, 1996..
MOTION: Case moved, seconded by Thorfinnson, to approve the agenda as published and
amended. Motion carried unanimously.
IL OPEN PODIUM
III. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, MAY 21. 1996
MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the
City Council meeting held Tuesday, May 21, 1996, as submitted. Motion carried
with Harris and Thorfinnson abstaining.
I
CITY COUNCIL MINUTES
June 4, 1996
Page 2
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. BEARPATH 1996 PUD AMENDMENT by Bearpath Limited Partnership. 2nd
Reading of Ordinance 23-96-PUD-8-96 for PUD Amendment and Zoning District
Amendment on 15 acres and Approval of a Supplement to Developer's Agreement
for Bearpath Limited Partnership. Location: Bearpath Trail and Dell Road.
(Ordinance 23-96-PUD-8-96 for PUD Amendment and Zoning District
Amendment)
C. LAKEVIEW OFFICE by Dana Larson, Roubal and Associates. 2nd Reading of
Ordinance 25-96 for Zoning District Amendment in the Office Zoning District on
2.79 acres; Adoption of a Site Plan Review on 2.79 acres and Approval of a
Developer's Agreement for Lakeview Office by Dana Larson, Roubal and Associates.
Location: West 78th Street. (Ordinance 25-96 for Zoning District Amendment
and Resolution 96-87 for Site Plan Review)
D. LIFETOUCH CORPORATE HEADQUARTERS by Lifetouch, Inc. 2nd Reading
of Ordinance 24-96-PUD-9-96 for PUD District Review on 16.22 acres and Zoning
District Change from Commercial Regional to Office on 9.6 acres; Adoption of a Site
Plan Review on 9.6 acres and Approval of a Developer's Agreement for Lifetouch
Corporate Headquarters. Location: Viking Drive and Prairie Center Drive.
(Ordinance 24-96-PUD-9-96 for PUD District Review and Zoning District
Change from Commercial Regional to Office and Resolution 96-88 for Site Plan
Review)
E. SET TUESDAY. JUNE 18. 1996, 6:30 PM, FOR COUNCIL/STAFF
WORKSHOP ON TELECOMMUNICATIONS
F. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR
WINDFIELD
G. RESOLUTION 96-89 AWARDING CONTRACT FOR TRUNK WATERMAIN
CONSTRUCTION ON TECHNOLOGY DRIVE FROM MITCHELL ROAD
TO PURGATORY CREEK.LC. 96-5399
H. RESOLUTION 96-90 APPROVING COST PARTICIPATION AGREEMENT
WITH MnDOT FOR CONSTRUCTION OF TRUNK WATERMAIN ON
TECHNOLOGY DRIVE.LC. 96-5399
I. RESOLUTION 96-91 APPROVING FINAL PLAT FOR LIFETOUCH
ADDITION
CITY COUNCIL MINUTES
June 4, 1996
Page 3
J. STATEMENT OF RECOMMENDATION TO HENNEPIN COUNTY BOARD
TO REAPPOINT PERRY FORSTER TO THE RILEY/PURGATORY CREEK
WATERSHED DISTRICT
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve items A-J on
the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. STARING LAKE TOWNHOMES by Pulte Master Builders. Request for
Comprehensive Guide Plan Change from Low Density, Medium Density, and High
Density and Office to Medium and High Density Residential and Office on 88.5 acres,
Zoning District Change from Rural to RM-6.5 and RM-2.5 on 38.5 acres, Planned
Unit Development Concept Review on 88.5 acres,Planned Unit Development District
Review on 38.5 acres, Site Plan Review on 38.5 acres, Preliminary Plat of 38.5 acres
into 394 lots, and EAW review. Location: Anderson Lakes Parkway and HWY. 169.
(Resolution for Comprehensive Guide Plan Change, Ordinance for Zoning
District Change from Rural to RM-6.5 and RM-2.5 and PUD District Review,
Resolution for PUD Concept Review, Resolution for Preliminary Plat)
Continued from May 7 Council meeting
Julie said the developer has requested that this be continued to the June 18th agenda.
Notices were sent to surrounding property owners stating that it would be continued.
MOTION: Case moved, seconded by Thorfinnson, to continue the Public Hearing
to June 18, 1996, per the written request from Pulte Homes of May 23, 1996.
Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Thorfinnson moved, seconded by Case to approve the Payment of Claims as
submitted. Motion carried on a roll call vote,with Case,Thorfinnson, Tyra-Lukens and
Harris voting "aye."
VII. ORDINANCES AND RESOLUTIONS
A. REQUEST FROM SOUTHWEST METRO TRANSIT FOR CITY COUNCIL
APPROVAL OF RESOLUTION 96-92 DECLARING INTENT TO EXERCISE
LOCAL TRANSIT TAX LEVY OPTION
Tyra-Lukens said the Board of Southwest Metro Transit recommended at its May 31,
1996, meeting that its member cities participate in the new local transit tax levy option
(also known as the Suburban Transit Association Bill). The option is the result of a
compromise that was added to the omnibus transit bill. It should benefit all the opt-
out communities.
S
CITY COUNCIL MINUTES
June 4, 1996
Page 4
Harris asked if there will be two separately-identified levies, one for the City and one
for the Met Council. George Bentley, consultant for Southwest Metro, said there will
be two separate levies,with 88%of the total showing up on the City's portion. Harris
then asked if there will be funds available for capital purchases and where the 12%
portion for the Met Council will go. Bentley replied we will not have access to the
12%for the Met Council and Southwest Metro funds raised would be maintained in
a special capital improvement fund for purchase of capital items or for debt service.
He said the regional debt levy will continue. Harris asked what Southwest Metro has
received from the second fund. Bentley said $3 million in 1994 was used for the
purchase of 22 new transit vehicles, and funds have been used for transit hub
improvements in Chanhassen and Chaska and for the new facility in Eden Prairie.
Case asked if future increases are tied to the future growth in the tax capacity.
Bentley said that was correct. Case asked what our control over the funds to
Southwest Metro will be. Bentley said Southwest Metro is an agency of Eden Prairie,
Chanhassen and Chaska made up of residents of those cities. The funds are provided
for putting a transit function on the road, and we will no longer have to fight with Met
Council for money.
Case was still concerned about the perception of an increase in City taxes on the tax
statement. Bentley said Southwest Metro is committed to conducting an extensive
public relations campaign in all three cities to help them understand the nature of the
change. They will take the initiative to educate the public that there is no tax increase.
Thorfinnson said the Councilmembers will take the heat when the tax statements are
sent out, and we don't have a lot of control over the actual dollar amounts.
Case noted there is a piece of this that is not under our control. He was aware of the
potential for repercussion. Tyra-Lukens noted we will have the opportunity to opt
out each year.
Tyra-Lukens asked if we will be able to have input with the County Tax Assessor as
to how the statement is worded. Bentley said the first year we would be able to
indicate this is a transfer tax and not an additional levy.
Diane Harberts, Executive Director of Southwest Metro, said their goal is to
demonstrate their service as a value to the community.
Jullie said the City Assessor said there are calculations involving Homestead &
Agricultural Credit Aid (HACA)that are related to the computation of the tax levy.
He suggested a recommendation for approval would be under the assumption that this
would not have any negative impact on our HACA or Fiscal Disparities. Bentley said
those are components of the funding that has been coming to Southwest Metro.
Bentley said we will continue to get HACA out of the Met Council share.
Thorfinnson said if we approve this, it should not have any negative effect on our
ability to collect money regardless of where it comes from.
y
CITY COUNCIL MINUTES
June 4, 1996
Page 5
Case suggested looking into adding another Council member to the Southwest Metro
Board as we get more connected into the organization. Tyra-Lukens thought it
would be good to have two councilmembers who are well informed about Southwest
Metro. Thorfinnson thought this does not change the relationship between the three
cities and Southwest Metro, but we may need to improve communications. Harris
noted Councilmember Pidcock's term expires this December, and we will be looking
at an appointment to the Board. Bentley said the Board is made of two people from
each City, at least one of whom is a member of the City Council. Jack Provo is Eden
Prairie's other representative, and Bentley noted he is a very competent alternate.
MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adopt Resolution 96-
92 declaring intent to exercise local transit levy option for taxes payable in 1997, and
appropriate amendments to the Joint Powers Agreement, with the understanding that
such local transit levy will not have a negative impact on our HACA or Fiscal
Disparities funds. Motion carried unanimously.
VIII. PETITIONS,REOUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES
1. Recommendation Regarding Requirement of Organizations to Provide
Insurance When Selling Food or Providing Other Services at Special
Events
Bob Lambert reviewed the letter from Skip Lane, the City's insurance agent,
that suggested the Council consider requiring public service organizations to
show they have insurance coverage when selling food or providing other
services at special events on public property.
Lambert said such a requirement might keep some of the organizations from
participating. The City does require any organization selling food to get a
license from the County Health Department. He thought that is as far as we
have to go in order to cover our liability. The Parks Commission reviewed
the recommendation on May 20, 1996, and recommended that we leave this
as is.
CITY COUNCIL MINUTES
June 4, 1996
Page 6
Thorfinnson was concerned about the effect of such a requirement on groups
such as the Boy Scouts or youth sports teams. Lambert said some of those
organizations may be covered under their national organization; however,
athletic organizations are not covered. Thorfinnson said the point is we are
trying to make it as easy as possible for groups to exist on their own in the
City, and this may be one way we can help them. He thought this requirement
would stop a lot of people from participating in events.
Harris said her fears are somewhat allayed by the letter from the League of
Minnesota Cities. She thought it is the organization's choice to purchase such
insurance, but she didn't see us as a City imposing an undue burden by
requiring insurance.
Lambert said the Eden Prairie Horsemen sent a letter saying they are the only
group for whom we have required insurance to use our facilities. They
suggested there should be no requirement if there aren't requirements for
other groups. Case said he thought there may be certain activities such as the
Horsemen or the Archery Club that surpass the risk of other activities.
Thorfinnson said he looked at the Horsemen as being different from groups
selling food or other activities. Tyra-Lukens agreed that the Horsemen issue
is different from this one.
Case suggested Staff study exposure levels for various groups and activities
in order to understand the risks and bring back their recommendations.
MOTION: Tyra-Lukens moved, seconded by Case, to not require public
service groups to provide the City with insurance for selling food on public
property, but continue to require them to obtain a license from the County
Health Department. Motion carried unanimously.
D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XIII. ADJOURNMENT
MOTION: Case moved, seconded by Thorfinnson,to adjourn the meeting. Motion carried
unanimously. Mayor Harris adjourned the meeting at 8:15 p.m.
•
EP CITY COUNCIL AGENDA
DATE:
�on 6-18-96
1r 2' SECTION: CONSENT CALENDAR
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance — Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A
•
THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE
LICENSED ACTIV'ITY.
CONTRACTOR (MULTI-FAMILY & COMM. ) GAS FITTER
American Liberty Construction, Inc. Abel/B&C, Inc.
Antco Construction Company Gadtke Plumbing
Built-Up Roofing, Inc.
Construction 70, Inc.
Emcor Enterprises, Inc. HEATING & VENTILATING
Tharaldson Development
United Operations, Inc. Abel/B&C, Inc.
Zachman Bros. , Inc. Airtech, Inc.
Zeman Construction Company Summit Home Center
PLUMBING
Wayne Dauwalter Plumbing
Gadtke Plumbing
Hanson-Kleven Plumbing
•
•
Action/Direction:
6-18-96 page 1 _=
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-18-96
SECTION: 2ND READING
ITEM NO. WB
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger EDEN PRAIRIE PRESBYTERIAN CHURCH
Michael Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt 2nd Reading of an Ordinance for Zoning District Change from Rural to Public on 12.18 acres;
• Approve a Site Plan Review on 12.18 acres;
• Approval of a Developer's Agreement.
Supporting Reports:
1. Ordinance for Zoning District Change
2. Resolution for Site Plan Review
3. Developer's Agreement
1
EDEN PRAIRIE PRESBYTERIAN CHURCH
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.
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 Public 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 Public District, and the legal descriptions of land in each District
referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly.
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99, "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 June 18, 1996, entered into between Eden Prairie Presbyterian Church 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 7th day of May,
1996, finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of
the City Council of said City on the 18th day of June, 1996.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on .
2
EDEN PRAIRIE PRESBYTERIAN CHURCH
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.
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
TILE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located at Pioneer Trail and County Road 4
from Rural to Public on 12.18 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: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane /s/Jean L. Harris
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
3
• Pre'ect e
i
j' Exhibit A
Legal Description
All that part of the Northeast One-Quarter of the Southeast One-Quarter(NE1/4
of SE1/4) of Section Twenty (20), Township One Hundred Sixteen (116), Range
Twenty-Two (22), County of Hennepin, State of Minnesota, lying Easterly of
C.S.A.H. 4 and Northerly of C.S.A.H. No. 1 .
All that part of the Northwest Quarter of the Southwest Quarter of Section 21,
Township 116, Range 22, Hennepin County, Minnesota, described as follows:
Commencing at the northwest corner of the said Northwest Quarter of the
Southwest Quarter; thence south along the westerly line of said Northwest
Quarter of the Southwest Quarter, a distance of 150.00 feet to the point of
beginning; thence easterly, parallel with the north line of said Northwest
Quarter of the Southwest Quarter, a distance of 150.00 feet; thence northerly,
parallel with the west line of the said Northwest Quarter of the Southwest
Quarter, a distance of 150.00 feet to the north line of said Northwest Quarter
of the Southwest Quarter; thence easterly along said north line, 513.85 feet;
thence southerly, and parallel with the west line of said Northwest Quarter of
the Southwest Quarter, 923.65 feet to the centerline of County Road No. 1;
thence northwesterly along said centerline 707.20 feet to the west line of said
Northwest Quarter of the Southwest Quarter; thence north along the said west
line 538.85 feet to the point of beginning.
Excepting therefrom that part taken for Hennepin County, State Aid Highway
No. 4 Plat 34 and Hennepin County Highway Plat No__6 (County State Aid
Highway No. 1)
The North 150.00 feet of the West 150.00 feet of the Northwest Quarter of
the Southeast Quarter of Section 21, Township 116, Range 22, Hennepin
County, Minnesota, except that portion taken for the Hennepin County State
Aid Highway No. 4 Plat 34.
406378.13
4/4/96
EDEN PRAIRIE PRESBYTERIAN CHURCH
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR EDEN PRAIRIE PRESBYTERIAN CHURCH
BY EDEN PRAIRIE PRESBYTERIAN CHURCH
WHEREAS, Eden Prairie Presbyterian Church has applied for Site Plan approval of Eden Prairie
Presbyterian Church on 12.18 acres for construction of a 21,050 square foot church with an 8,000 square foot
expansion, located at Pioneer Trail and County Road 4 to be zoned Public by an Ordinance adopted by the City
Council on May 7, 1996; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 8, 1996,
Planning Commission meeting and recommended approval of said site plans; and,
WHEREAS,the City Council has reviewed said application at a public hearing at its May 7, 1996,
meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE,that site plan approval be granted to Eden Prairie Presbyterian Church for the
construction of a church,based on plans dated May 28, 1996,between Eden Prairie Presbyterian Church and the
City of Eden Prairie.
ADOPTED by the City Council on June 18, 1996.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
DEVELOPER'S AGREEMENT
Eden Prairie Presbyterian Church
THIS AGREEMENT,made and entered into as of June 18, 1996, by Eden Prairie Prebyterian Church, a
Minnesota Corporation,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal
corporation,hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Low Density
Residential to Public,Rezoning from Rural To Public, Site Plan Review for construction of a church all on 12.01
acres, 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 and
Resolution No. 96-84, Preliminary Plat,Resolution No. 96-83, Comprehensive Guide Plan Change and Resolution
No. for Site Plan Review. 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
,reviewed and approved by the City Council on May 7, 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.
3. 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, 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. PLAN FOR CONSTRUCTION OF DRIVEWAY ACCESS TO THE LEMON SITE TO THE
NORTH:Prior to building permit issuance, Developer shall submit to the City Engineer and receive
the City Engineers approval of a plan for driveway access to the Lemon site to the north.
Upon approval by the City Engineer, Developer agrees to construct the approved driveway access
concurrent with construction of the church.
5. CROSS ACCESS AND MAINTENANCE AGREEMENT FOR DRIVEWAY ACCESS TO
THE LEMON SITE TO THE NORTH: Prior to building permit issuance,Developer shall submit
to the City Engineer and receive the City Engineer's approval of a cross-access and maintenance
agreement between the Property and the Lemon site to the north. The agreement shall address
access and maintenance of the driveway.
Developer shall record said cross-access and maintenance agreement in the Hennepin County
Recorders-Registrar Office and submit evidence of recording to the City prior to the issuance of a
building permit.
6. EXTERIOR MATERIALS: Prior to building permit issuance,the Developer shall submit to the
City Planner, and receive the City Planner's approval of a plan depicting exterior materials and
colors to be used on the buildings on the Property.
Upon approval by the City Planner, Developer agrees to construct, or implement, the approved
exterior materials and colors plan concurrent with building construction on the Property and in
accordance with the terms and conditions of Exhibit C, attached hereto.
7. FINAL GRADING, DRAINAGE, AND EROSION CONTROL PLAN:
A. FINAL GRADING AND DRAINGE PLAN: Developer acknowledges that the grading and
drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit
for the Property, Developer shall submit and obtain the City Engineer's approval of a final
grading and drainage plan for the Property. The final grading and drainage 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 and drainage 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.
8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's
approval of a plan for irrigation of the landscaped areas on the Property.
Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan
concurrent with construction and in accordance with the terms and conditions of Exhibit C, attached
hereto.
9. LANDSCAPE PLAN: Prior to building permit 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.
10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to City Planner, and
receive City Planner's approval of a plan for screening of mechanical equipment on the Property.
Said mechanical equipment includes the gas meters, electrical conduit, and water meters in addition
to standard heating, ventilating, and air conditioning units. Security to guarantee construction of
said screening shall be included with that provided for landscaping on the Property, per City Code
requirements. Developer shall implement the approved plan concurrent with building construction.
If, after completion of construction of said mechanical equipment screening, it is determined by the
City Planner, in his sole discretion, that the constructed screening does not meet the Code
requirements to screen said equipment from public streets and differing, adjacent land uses, then
City Planner shall notify Developer and Developer shall take corrective action to reconstruct the
mechanical equipment screening in order to meet Code requirements. Developer acknowledges that
City will not release the security provided until all such corrective measures are satisfactorily
completed by Developer.
11. SIDEWALK 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 a 5 foot wide sidewalk
to be constructed on the Property as shown on 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.
12. FUTURE DEVELOPMENT: Prior to the construction of any single family homes , as shown on
Exhibit B, attached hereto, Developer shall apply for and receive approval by the City Council for
a Comprehensice Guide Plan Amendment from Public to Low Density Residential,Rezoning from
Public to R1-13.5, Preliminary Plat, Final, Plat and Developers Agreement.
13. RIGHT OF WAY DEDICATION: Prior to building permit issuance Developer agrees to provide
the Hennepin County Highway Department of Transportation with 17 feet of Right-Of-Way
dedication along County Road 4 and County Road 1.
14. POND AND WETLAND EASEMENTS: Developer agrees to provide the City with deeds
dedicating drainage and utility easements over the existing wetland area and proposed NURP pond
on the Property as shown on Exhibit B, attached hereto.
CITY COUNCIL AGENDA DATE: June 18, 1996
SECTION: Consent
DEPARTMENT: ITEM DESCRIPTION: ITEM NO: 'lr
Community Development Increase in 1996 CDBG Entitlement
Chris Enger
David Lindahl
REQUESTED COUNCIL ACTION:
Approve assigning $7,350 in additional 1996 Community Development Block Grant (CDBG)funds to the
rental housing activity approved by the City Council March 12, 1996.
BACKGROUND:
Hennepin County has notified the City that their total CDBG entitlement from the Department of Housing
and Urban Development (HUD) has increased by $127,073. This translates into an additional $7,350 in
CDBG funding for Eden Prairie in 1996. The Housing, Transportation, and Social Services Board (HTSSB)
recommended combining the funds with the$30,000 set aside by the Council in March to help finance future
rental housing developments. This will help the City in its efforts to meet its Livable Communities goals for
providing affordable rental housing.
SUPPORTING INFORMATION:
Memorandum for Hennepin County
wpdoc\cdbg\council\96fund
r
m
.eSse
AtV z
Recycled Paper
1_41-
DATE: May 13, 1996
TO: Urban Hennepin County Cooperating Communities
FROM: Barbara Hayden,Administrative Manager
Office of Planning and Development
SUBJECT: URBAN HENNEPIN COUNTY CDBG PROJECT STATUS REPORT -
APRIL 1996
Accompanying for your review is the April 1996 Urban Hennepin County CDBG Project Status Report
(PSR). A Single Family Housing Rehabilitation Client Status Report is also enclosed for communities in
which Hennepin County administers the program.
On May 16, 1996, the Hennepin County Board will conduct a public hearing on the Consolidated Plan/One-
Year Action Plan and consider approval of the plan. Following the board action, the plan will be submitted
to HUD. The 1996 CDBG project funds can not be committed prior to HUD approval of the plan, which is
expected July 1.
HUD has released the 1996 CDBG entitlement amounts. The Urban Hennepin County budget is
$3,651,000. Enclosed is the 1996 planning allocation by city, along with the change from the proposed
allocation. Cities must adjust their proposed CDBG funded projects to include the increase in allocation.
Please contact your CD representative and let them know which budget should be involved.
Contact me or your CD representative if you have any questions.
Enclosures
U:\fin\psr.memo
Hennepin County Office of Planning & Development, Development Planning Unit, 10709 Wayzata Boulevard,
Suite 260,Minnetonka,MN 55305
Mail Code: 604 Phone: (612)541-7080 Fax: (612)541-7090
1996 PLANNING ALLOCATION
URBAN HENNEPIN COUNTY CDBG PROGRAM
1996 Final 1996 Proposed
Community Allocation Allocation I Change
Brooklyn Center 259,971 250,054 9,917
Brooklyn Park 536,955 516,471 20,484
Champlin 81,440 78,333 3,107
Chanhassen 51,920 49,940 1,980
Corcoran 23,259 22,372 887
Crystal 146,541 140,951 5,590
Dayton 21,417 20,600 817
Deephaven 13,515 13,000 5
Eden Prairie 192,686 185,336 7 3 0
Edina 197,187 189,665 7,5 2
Excelsior 16,527 15,897 630
Golden Valley 112,507 108,215 4,292
Greenfield 7,410 7,128 282
Greenwood 3,127 3,008 119
Hanover 3,960 3,809 151
Hassan 11,952 11,496 456
Hopkins 160,626 154,499 6,127
Independence 15,455 14,865 590
Long Lake 10,822 10,409 413
Loretto 4,020 3,867 153
Maple Grove 158,870 152,809 6,061
Maple Plain 10,535 10,133 402
Medicine Lake 839 804 35
Medina 14,675 14,115 560
Minnetonka 182,316 175,361 6,955
Minnetonka Beach 1,785 1,717 68
Minnetrista 20,568 19,783 785
Mound 69,529 66,877 2,652
New Hope 175,952 169,240 6,712
Orono 23,056 22,177 879
Osseo 25,087 24,130 957
Richfield 265,896 255,753 10,143
Robbinsdale 90,586 87,130 3,456
Rockford 20,263 19,490 773
Rogers 4,597 4,422 175
Shorewood 18,179 17,486 693
Spring Park 12,320 11,850 470
St.Anthony* 17,387 16,723 664
/ St. Bonifacius 7,985 7,680 305
St. Louis Park 300,688 289,217 . 11,471
Z47 Tonka Bay 7,667 7,374 293
Wayzata 29,424 28,302 1,122
Woodland 1,572 1,512 60
TOTAL 3,331,073 ** 3,204,000 127,073
Hennepin County Admin 365,100 356,000
Total Allocation 3,696,173 3,560,000
* Hennepin County portion only.
**Includes$45,173 of recaptured funds.
U:ICO BGXXIIIFI NCTY96.W K4
05/13/96
DATE: 06/18/96
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: ZQD .
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Lakeview Office Center
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of Lakeview
Office Center subject to the following conditions:
• Receipt of engineering fee in the amount of$574
• Receipt of an executed cross-access and maintenance agreement for parking lot and storm
sewer facilities that are intended to be shared between Lots 1 and 2
• Receipt of payment to Storm Water Utility Fund in lieu of on site construction of NURP
facility
Background:
This proposal, located south of West 78th Street at the eastern edge of the city limits, consists
of 5.74 acres to be divided into two lots. Lot 1 is the proposed site of Lakeview Office Building
to be constructed and Lot 2 contains an existing office building.
The preliminary plat was approved by the City Council April 16, 1996. Second Reading of the
Rezoning Ordinance and approval of the Developer's Agreement was completed June 4, 1996.
JJ:ssa
cc: Paul Thorp, HTPO, Inc.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
LAKEVIEW OFFICE CENTER
WHEREAS, the plat of Lakeview Office Center has been submitted in a manner required for
platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota
Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Lakeview Office Center is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated June 11,
1996.
B. That the City Clerk is hereby directed to supply a certified copy of this
Resolution to the owners and subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on June 18, 1996.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
Z-
•
LAKEVIEW OFFICE CENTER
•n —;lc,TAT - 1�Y:'Ir i';::. 494.
. , .. ; /� ;
— KNOW AU.MEN BY THESE PRESENTS That DLR Lakeview Building United Partnership,a Minnesota Envied
' 'T —' C A Tt. partnership.He owner of the following described o
_ _ �: i .< i—' r s_ p 9 property situated n the County Of Hennepin,Side of Mi
to wit:
..• . , Ter •• f�!�. ';',1(). Lot 2,Block 1,Cabriole linter. •
-S 81513'10. W
447.31 _� ' r ' Has caused the sane a be wn red and hereby L2.93 et' planed as LAKEVIEW OFFICE CENTER and does Mr donate end c
_ __ _ to the public Inn public use forever drainage ar, u easements asshown on tins plat
en m m I In witness whoring said DLR Lskevlw Building Limited PsnnereNp,a Minnesota limited panneraNp.Ms
o these presents to be signed by'Its proper officer this Eat'of 199_.
m o I
E
SIGNED.DUI LAKEVIEW BUILDING PARTNERSHIP
Br It's Partner
v Z I "v •-j STATE OFMNURSOTA
N a COUNTY OF
• p r-. �! j F-- The foregoing Instrument was acknowledged before me tNs day of
N )• .-,. I 199_, by ,the proper panne of DLA Lakeview Limited Partnership,a Minnesota iR.
if L-J L_J partnership.or:behalf of said partnership.
t IN
.•_- L_J _ • _
Ore / oy I <` <` Notary Public, +-- _ County, Minnesota
•., 1`i'' N. My commission expires
in�9' j5 E I hereby certify that I have surveyed and platted the land described on this plat as LAKEVIEW OFFICE CENTi
S , I. 9�r•'• this plat is a earners representation of said mirror that at distances are correctly shown on said pie'it
\\_ H 10T 21 I hundredths of a loot;that at monuments have been correctly placed in the ground es shown on said plat o
\ I placed es required by the local government unit that the outside boundary lines are correctly designated o
1 plat;sod treat there are no weltands,as defined in MS 505.02,Subd.1 or public Nghways to be deipnated
pat. _
S 6
r3 ay1.o Qo .� • .
?. 1 I ro Pew,Land Surveyor
P. Minnesota License 16421
SO. 6 c' •i 1 I
C.' �� r 3
.w 1 t STATE OF MINNESOTA .
ey'O e s.� �. ss
d w , Y COUNTY OF
4 s../
?j, I Q The foregoing surveyor's certificate was acknowledged before me this day of
•Jr. p 199�by Lloyd E.Pew,Land Surveyor,Linnesota License No.t642t.
P Z I to `=
• H 1
.,6 •I \/ NotaryPublic, ---�
s90 a.s 11 f_r,- `1j County,Minnesota—
S J F__ My commission expires
S9;q'1 A ',Z=`f I .,• ___ EDEN PRAIRIE,MINNESOTA
r� 06` r`J I _�___ L_J
_,(�1 F I L_J This plat of LAKEVIEW OFFICE CENTER has been approved and accepted by the City Council d Eden Prairie.
C 1Cvt,s`)s' __J , Minnesota al a regu:ar meeting thereof held This day of 199_ It
ts J. applicable,the written comments sod recommendatwns'of the Commissioner of Trsraponatlon and the Co,n1
`/ \✓s Z Highway Engineer have been received by The City Or the prescribed 30 day period has elapsed without tame,
F-- wch commence and recommendations,as provided by Minnesota Statutes,Section 505.03,Sued.2
J n
NCO m -- 00 stt
I L i l--J CRY COUNCIL OF EDEN PRAIRIE,MINNESOTA
Os /O f e rr BY__ -___ Mayor
6650 ByCityManager
5 I 9
r TAILPAYEA SERVIC:S ONtS10H,HENNEPIN Comm MINNESOTA
1 I hereby certify that taxes payable in 19 ,and prior years have been paid for the land described on Inns
Dated this day of 199_.
N Patrick H.°Connor,Hennepin County Auditor By Deputy
if DRAINAGE AND UTIUTY EASEMENTS ARC SHOWN THUS: '
SURVEY SEC ICN,HF-NNEPN COUNTY,MINNESOTAPur.suant to MINT.Stat.Section 383B.565(1069),this plat has been approved this day tell
5 ,'199
I
Gary F.Caswell.Hennepin County Surveyor By
Scale in feet I
_-._.0 60 120 180
1 _ _._....I REGISTP ROFTRLo•S.HENNEPIN COUNTY,MINNESOTA11
DATE: 06/18/96
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO:jE ,
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Shores of Mitchell Lake 4th Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of Shores
of Mitchell Lake 4th Addition subject to the following conditions:
• Receipt of engineering fee in the amount of$1,400
• Receipt of street lighting fee in the amount of$6,418
• Receipt of street sign fee in the amount of$936
• Satisfaction of bonding requirements for the installation of all public streets and utilities
• The requirements of the Developers Agreement
• Revision of plat to include 20-foot-wide drainage and utility easement over proposed
storm sewer between lots 4 and 5, Block 1
Background:
This proposal is the fourth and final phase of the Shores of Mitchell Lake project located on the
western shoreline of Mitchell Lake, south of Highway 5. The plat consists of 35 single family
lots, road right-of-way and one outlot. Outlot A is intended to be dedicated to the City for park
purposes.
The preliminary plat was approved by the City Council October 3, 1989, per Resolution No. 89-
210. The Developer's Agreement and Second Reading of the Zoning Ordinance was approved
March 13, 1990.
JJ:ssa
cc: Lee Johnson, U.S. Homes Corporation
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
SHORES OF MITCHELL LAKE 4TH ADDITION
WHEREAS, the plat of Shores of Mitchell Lake 4th Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Shores of Mitchell Lake 4th Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated June 10, 1996.
B. That the City Clerk is hereby directed to supply a certified copy of this
Resolution to the owners and subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on June 18, 1996.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
2
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DATE: 06/18/96
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: IY,F
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5420
Engineering Division Approve Construction Plans for Dell Road from Linwood Court to 520 feet
Alan D. Gray south of Scenic Heights Road
Recommended Action:
Approve plans and specifications for the construction of Dell Road from Linwood Court to 520
feet south of Scenic Heights Road.
Overview:
Construction of this segment of Dell Road, which is approximately 2,220 feet in length, will
complete the connection between TH 5 and CSAH 1. The City is now able to proceed with the
construction of this segment of Dell Road with the acquisition of a parcel of property by
MnDOT for construction of TH 212. This acquisition makes the right-of-way for Dell Road
available in this segment.
Primary Issues:
It is desirable to complete this segment of Dell Road to provide for a complete north/south route
between TH 5 and CSAH 1 prior to the County upgrading of CSAH 4. This will provide for
better traffic circulation in the southwest area of the city during CSAH 4 improvements.
Financial Issues:
MSA funds will be utilized to pay for the road construction. Utility funds will finance the
construction of a segment of trunk watermain included in the plans.
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) has prepared plans and specifications for the following
improvements to wit:
I.C. 96-5420 - Dell Road from Linwood Court to 520 feet south of Scenic
Heights Road
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 July 18, 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,
August 5, 1996, at the Eden Prairie City Hall, Eden Prairie. No bids will be
considered unless sealed and filed with the clerk and accompanied by a cash
deposit, cashier's check, bid bond or certified check payable to the City for 5%
(percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on June 18, 1996.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
2
DATE: 06/18/96
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: TV,-G-
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Release of Land
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council approve the Release of Land and authorize the Mayor
and City Manager to execute same.
Background:
Recently staff was contacted by the attorneys representing the owners of MN TX Business
Center with regards to some title objections that were discovered in preparation for the sale of
the property. Title work showed that there was a Special Assessment Agreement dating from
1979 that had a continuing affect on the property. This assessment agreement defined
developers cost sharing with regards to public improvements over Shady Oak Road and West
70th Street. These improvements have long since been assessed and the assessments paid off,
hence the need for the agreement no longer exists and should be released.
I
RELEASE OF LAND
This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal
corporation ("City"), and is dated as of -
FACTS
1. A certain Agreement Regarding Special Assessments ("Agreement")dated August
16, 1979,was executed by and between the City, and Northwestern National Life Insurance
Company, a Minnesota corporation ("NWNL"), The Aliens Three, a partnership ("Allen"),
Melvin G. Astleford and Jane Z. Astleford ("Astleford"), Donald F. Hagen and Carol A. Hagen
("Hagen"), Herbert A. Mason and Marian B. Mason ("Mason"), Archie N. Carter and Marie
Carter ("Carter"), Random Specialties, Inc., a Minnesota corporation ("Random"), and Richard
W. Anderson, Inc., a Minnesota corporation ("Anderson"), (collectively "the Owners"), which
Agreement was filed as Document No. 1355033 with the Registrar of Titles on October 31,
1979.
The Agreement related to the property as described in Exhibit "A" herein attached.
Additionally, a portion of the property has been subsequently platted into "MN TX Business
Campus", Hennepin County, Minnesota.
2. The special assessments contemplated by the Agreement have been levied and the
time for appeal has expired.
3. - To evidence the fact that the special assessments have been levied and the time
for appeal has expired, the City is executing this Release of Land.
THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby
releases the Property described above from all obligations and conditions set forth in the
Agreement Regarding Special Assessments dated August 16, 1979 filed with the Registrar of
Titles as Document No. 1355033 on October 31, 1979. This Release of Land shall not release
or discharge the Property from the lien of any special assessments levied by the City pursuant
to the Agreement.
IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing
instrument.
CITY OF EDEN PRAIRIE
A Municipal Corporation
BY: BY:
Jean L. Harris Carl J. Jullie
Its Mayor Its City Manager
2
STATE OF MINNESOTA )
) ss
HENNEPIN COUNTY )
The foregoing instrument was acknowledged before me this day of
1996, by Jean L. Harris and Carl J. Jullie, the Mayor and City Manager of the City of Eden
Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
3
•
•
•
033 •
• 9w'n..•r i1 1i\IIlin1.1• A . '
• That ptnrt •ir tin :%xctIment vnartc r 01 ;:r.1 inn 1, limn::;hip 116 Mirth. iongo 22,
•
t•1•::t of tiv. 5tth rrtcti-iichl ti•r1,1i.m, •1••' rit..l on fnit,xrt: ltxnn•ncitrl at a
ivint on tin Sant line of said rcxhti s•9t. Ctt:trt•c•t:, clir:tint 60 roils south of the
- iltr'`t line Unroof: Uvnt a t&st parallel to tin Northlino of mitt r<ntthwest
••Quarter a clir.tN en of 500 foeti tent Soutlxaanterly along n lino drn nh to a
point on tin South lino of the lhrt!t I1.11f of tin Southeast Quartor of tin South-
1..Cnt Qanarter of said Soetinn 1 distant 350 ioot: Vint of Un Sou heont oartior •
thereof to its in.tcr.^•rc:tian with a lino cows% from n paint on the .runt;+ line of
maid North half distant 341.5 feet %%ex.'. of •Jto Southo.a nt corner thereof to a
print in the rastcrly lino of hate Ili•,'hway tb. 169 clintant 110.3 feet northerly I
frvn Un South line of said North 1Lalf of tin routinant ('`tarter of the South went
Quarter; thence ou sa tlustcrly along Un afchro:k'rcrilx,1 line to the Southline of i
said iio t:lh Half; thane last along raid South line a distance of 341.5 feet to
tr. Southeast corner of said North half of the Southeast Quarter of the Southwest
Quarter; thence North along t;)n Tat line of said Southwest Quartos a distance of
1016.0 foot to the place of Inc:anninct, i
LIA T'I' that part thereof lying tlnrtlrw:nterly of the following described
line: Beginning at a Ix-ant on the West line of the ahovo dercrilxol
tract distant 259.6 foot Southeasterly of the tbrtltw•rt corner thereof:
thenco run Northeasterly to the.Couthwest corner of the fast 16 rods of I
the North GO rods of U. Northeast Quarter of tin Southwest Quarter of I
of said Section and there terminating. I
The South half of the Nbrthwest Quarter of the Southeast Quarter of Section 1,
Townishio 116. Ranee 22.
• I:•X'Z:7'T that ;tart thereof described as follow:It II_•pinnino at the ttorthweet
I corner of said South half of said tbrtroeat Quarter of the Southeast
Quarter; thane Last along the North line thereof a distance of 190 feet;
thence deflecting to the right 34 degrees 45 minutes a distance of 450
felt; thence deflecting to the right 94 degrees 20 minutes 37 regions a
distance of 443 foot, tinnce t•brtinsctorly 325 feet +tore or less to a
paint in the West lino of snit) Ibrt.ent Quarter of the southeast Quarter
distance 400 feet south of the paint of beginning; thence North along •
said West line to the point of beginning. : \
The Southwest Quarter of the Southeast Quarter of Suction 1, Tbwnsltip 116,
;tango 22,
rTT that part thereof incltxled within the plat of Shady Oak In-
c uatrial {'ark.
I
According to Or tkiited States Covorn eont Survey lore»f and situate in Hennepin
County, Itinncrota.
The Pee r)wnerc of Who nhnve Trnot A being Melvin I . Antlefnrd nnd.lnne 7
Asllefnrcl. hl•c %rife. Ilunnl41 N. lingen, enrol A. Ilniten Ilk wife.Herbert A. Mn•on
null%Inti n It: ttln••nn.lilt+rife. mut Amble N. (*oriel.fine; Morin rtnrter.Wit wife,
TRACT 13 It(Hulot W. s\tnlor'on,Inc., it Minnonota core otnllon as Contract
!tor Deed Vendco
•
•
Parcel 1 I
1
i The t•:•at half of Ulu Ibrtnont Quarter of the tort cant Quarter; .
1 T.n Iant 165 feet of the i arthoant Quartor of the Northwest Quarter;
all in £'oction 12, Town chip 116, itanno 22. •
Tho lsbrtt 16.5 foot of that part of tin North Nal! of the Ikarthwent (',garter of
Section 12, 'f,.ntnitiic 116, Mango 22 lyitri Intwcn the pant 165 feet of tin tiorthlant 1
Quarter of the Northwest Qua>.ter coal the Esaterly lino of U.S. Itigtray lb. 169 and
212
which lies asterly of a lino run parallol with and distant 200 foot Easterly of .l
the following dcscrihod lines
i'mcn a paint on the North lino of said tkvtion 12 dintnnt 1152.72 foot Fast of '
Um lbrtr..ost corner t errot; run Southwesterly at an angle of 95 clogreea 39
minutes 45 monde with said ihrth Section line for 100 foot to the paint of
lxrlinn!n'; of the lino to In clorerilhals thcuwn net ibrtlxaetorly on the last do-
scribal course for 300 foot and there torrninating.
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•-'4•!Iki.•,:"*.:.• ':'1'1...• ' - , .• ...QuArtor a 'lit:trent% of 500 fent! tilonco Seuthesantorly along a lino drawn to a
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?..-..4,-..,••., ••:•. ••.: • - point on the "poutIl line of the North iialf of.tin fouthoant Quarl•or of tin South.' •
•• s•tki.,- •;•• ...•-•.• •. west Qurt..r of naid Soction 1 clistrult 350 foot Vbst of the Soutintet corner ••• ';
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•.: •••(.4..!'14:•••••.;• :' •' . thereof tot its intersection with:a line clargn fmm a mint on the South line of.;.;
• said North half distant 341.5 foot Went of. the Southeast corner Unroof to a.• •.,.'-, • I
•kielis"..•.'s.,1:-.. ,•••••.• • - point on the rostr-rly of
of State l''.ghway No. 169 dintant 118.3 foot Northerly.••
t :•••ip,•:;•:-,••••:,;•:.• • J. • • fran the South lino of said North ltalf of the Soutinant Quarter of the Southwest....
•r:.::•;:ir:;'1•;'7I:.'••••••• ;
••••.i.1.1.i•.••••;;•!:': • . Qiorter! tisane Southeasterly along the aforodercribed line to the South line of"
1 ...:..4.i.:,4;•...: .: said North half: thence East along slid South line a distance of 341.5 feet to ..-• .
•q‘,")•••••1 -';',..'.P.,..•• : the Southeast corner of said North half of the Southonst Quarter of the Southwest
..,•r4-1....*!•....i: •••••• 4
•41s....., ',.A...•I.• ': ; • Quarter: thence North alalg t):n Past line of said Southwest tWarter.aNlistshos of .
•• 3•.;.: ...
: , .• % 1016.8 foot to the place of beginnincj, • . • - - •-
•c.ri.1, 91.....i:....••i
•.0•e').e..7v(..•..i... f • .. . MU:TV that ilart thereof lying tbrtla•nnterly of the following described .-..,
..,. lines Boginning at a point (...a the Nest line of the above described• ....-7;*.
•*_.:I:.tf,-.7.*•.;•,'. .. • ... "
'::,..tj'.....-v.•,c.:• . 4 . . tract distant 258.6 foot Southeasterly of the Northwest corner thereof! .
.:......1.1,.-.t.:.•1:4.,...:••, i• : •• • • ..„...,., •• • . thence run Itortheastesly to the Southwest corner of the East 16 rods of.. -,..-.
•i ••..ti-i•3,4: ,••.;..„4-,...'...•,,•• i . . . •
, • • the North GO rods of the tbrtheast Quartn-r of the Southwest Quarter of
• • • '...F.sr,..z.:.•,..!:::"..;,•;-,:. •••••• -.: •••• •. . '
!,;:.,41i...itt.'• 4;§;(2'f•;;;'1.• "•,•:.... .. ..-."..- . 94 said Section 1 and there terminating. -... . • .. ; .
•1.,••.3 onv.44r:,it•;;;.. •.'7 t•‘•.'.!•,.•• .•••• • .•:;... i.'•.!,.:..;4'•;17i1;....,''.11, ;•,-.: *-' ;-•:•;;..'..1 , .. .. •• . • •• • • • ' • . • .
. . '• ..
...c.•.; ;Tit.'iliVt't ••• -. .. -.•••.'.. Tha'South half at.the Northwest Quarter of the Southeast Quarter of Section le " • • - •
:i. 1:41,,rk;Prl.t.; i•r.: •• •': •: : ; township -.,•
116. Panels 22.. ••;•''•'-' •'•
',1 •• • -e•i•••••;:', '•••• ••••• - . „.... r-..- -••,:. -t,••:••••••• •:...;•••• •:'. ;,••• •• • . •: . .:.. •• •.. • ,•;'..i ----
.' .: .•,..:••• 0:•••)•11-. ••.-7,..•.' '.• .• ,..•••••,'EXCLIY: that part thereof doscriind as followi nelinning at the North:Ant ..• . •
'.i7.'s . . .:•... of said South half of said tiertlavost Quarter of the Southeast •',., Nf.s::r•.
..-:61 • I...L'Arisc,•,$;:,„,b1::,...;•,:i'•...-:*.!:.....i::'...*•:'.1.•,..01.1aXtet 1:*thence East along the North line thereof a distance of 190sfeati.:7s:'....: •
9c :•:,"*.-":":0.t.gc.•..;;;.•-';'.: ;•:rf thence deflecting to'the-right34 dogrel:le 45.minutes a distance of',ISC!'.j......i'.i.:•"::: i
. i,T.:irt,...,:t.,..,•`.s...:!..:..,;.: :...:,dfeiestl...ther4;le4c.le43flfeccati,ng to the right,94ccilL;g.r,3cr:psf2Stlainutistesoi3?esecons jllatA.r,ri:141.;y.,. i.
•F-.','•• •"".,i2i4 ,4).-'...::: ...•..."*.i.:',, •X'"?':- • i f.•
71,..., .. paint in the West line of said Northwest Quarter of the Southeast Quarter 1.,(,v
. .,._... "7.1i• . '4`•'`'.:;11: ;i'''.I!-.t! •C 1••I f! '''. 7clistance'400 feet South of the paint of beginning! tharx:e North &Loos ki.v.i.e.v.z, . 1 •--
. le •4*--,P-R''' - 4:••• ..i•..4::,..Nt••r,;::!•-••.•, ..•
:e.,....A...i 1......:1,;.4.,,.t,...,z,., said West line to the point.of beginning. ;•••5•:-,,;.... •:-••••';t•',•:;;•7:1:!....1• ; ••-•-"•::::.:4.e.;..-.;•',‘">•••--!.. i
• •••:••• 1••••••••• •-..11.,•.
e;•.4, A. • f.i. ta,-.,,,.. ,..‘ '.."' ..",e3...!'0'::n-;:t:';'ik.•:;'-'' '..1..';:l''z.1';:l..1.'‘i.'"•.:'4`....' `P?:,4%".,Iii.•11 ,.. 14?..i:11's!fA.• •;):s .4....•,- ,....;•.• 7,..;.• •••If..• 5,. 1 *.i.
-f• - •
•,,, 4.11- •' .10.t, ,-;The Southwest Quarter of.the SoUtheast Quarter of Section 1, Itrastship 116.,-;i1...4.:;-,i1,%:,.. 1 •
. ,,,,, k„ 4•Pf•• t'" .,• ,!•1: lk••••••• •ft..-- ,..
...• MO -4. .r. . :...,. .. ..,..5 . 7.sway13 d i 4. i.,•,..•.7(' v.........: ,•7.'...1-'..-..',',.,!-7: ‘,..;•‘ .!..7....,i,:4;: •,... :*,:.:,...'.,.„ . .•.... ..•• .. ....:....::.:.....:r,:.;..,t.t.... 0
. +. 41 ( $%.. N..1•4 :."j'14;:i„,..-'1,' •1'.4'Z'4,,.coxpr that Nit'thereof iir...luSed within the plat of Shady Oak in.-,•!•;)-:',-.C-..%••• "
i •.% 4.-.1- •1.- •,'•.. ..... •• --.,.-:;;:-• .
• •.. ...„4:• • , 1-..1 •14,. . .„••I . . .4. ,:tctustrial Park.'•/•;::.:-,:•;;;':;•,;'4;•f .,c;:••••:J ,; ;,..i.-..,•••••,,••••• - ... •; :., .•:•.-.-?••• .-..A -!.... ... • ..
....,1•1 pr 't.• •••••,...',..•• ••,r-1. ••:-• •• .••• • --•......t:41:,-.L...••••••e:--0---J-pi.'.!:••••••1 s .''".• ••.:..b '•••• - •• • - •"•. !.- '... "*,•''.-- ".• •
. t., .• osq.pa • t.:i A ••,'...*, -..'. ' !. ....km•-..'t •',I.?.E'•-.1''.:••••!••••i'.'..E it*.•....N;•I'1,'.'t...-. c,.' • .' 7'4 .• .: 4,-'.- .. • I I.!: 0. 1 ' '*rt.:;'),!••-•• • '
, s. . c { 4 i . ) ... .. ... ,... .
• - v• r
;•e._, ,.. k:vilt...1-.•,.-'...r.,•• j..:;!'.: ....:Acierding to•the United States Covert-rant Survgy theroof and situate kt!ken/spirt••-:
. 0,-...7
..;711- •ii. ,•;. ,. •4.r '.•::..1.•:•;.,.4•:•.':•:County, tiinneautael,;-:•:-',..;' 'i t.--;::'. .-.'i.`:%:- .-;.: •,,•••..' " i •.:••••••••.e.• •-•%•.•':•••;•;•'•.•:-!-..;• ;c!„.•:_ra 41'.,..1s;;
..Ae••:4'. .1 T,"4, - : ,r.iP:".:;....'.:.:.„:,.c...11,Titoerdoe whizicra wife,l(til)icseimnhliftviitalTur e
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•.•: 12.;•,;-...•,t.....;•:•-,and Marian Il:Mama;ids wife,na 1 A!Icing Melvin(I. Antlatatd and Jana 7.;,,c...-....
• .,
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flatten,Carol A. 1Ingenhira wife.ilerhert A. Mason '
ad Arehlo.N.'rarter and Mark•Carter.hiawife,..--1,.-111,1•7•.-.,-.‘,,,..*.....
,-t• 'P....S..,
! ‘-.. ,41,..1..1tJ 1-1••nle.'•s.-i,.. ,Tmcr B...•••...RIchnni W. Anderson,inc..a Minnesota corporation as contract.,4.14-1.-,:,,,,•-:,1:..q -:: -
1!.)i...It : ' .#4. , ..,c4-...::. .-• ..,..•1,.. ...,,..,...,-,.:For need V ervi!e,-;.‘,,....,.4•••,....1.4.•, .7..1%.,.4;•......,,,..i....,• ;•,..0.,•.,..,...:t::-..-... ..,e..-e.li,ifil.•:1/4:-..,1.4..-*.
i -a••• •P 1 r•••••• .50 41 '' • 11•••t.'•-:. • .. ..'.....1.• .1 .t.'•m!'1`..i'0.•.St...1/2',•4:5......:*...N,',..kr'i lel 1•••••r••..re`.?.•*:? i1i• .." ..",1'...,'• " •..r5-'.''.• .0"•'..•-'••.: 0
, • ',!•30;11. 4 . )P1:4 .. .;.4...!,..„•••••:'".',eel', '..'' .. 1......'' •''•%.*;:f•-:-.t.th....'7:.; .4,4'.:tti.....:",Kii,S-,>.;4.::::,,),!.....f:.J.;,'.; ;1*i':.!.“'* k.''-'4,:ifft 12,..,VI 4,1e*I..:
if is ,.--t*' - i''i 'e.' ,•-:- ...-.Parcel-1,:•/•1••••;.....14••41(41 4.-AI i, r ';t_'.:$.-‘,1•1';',..!>, , :..i:4'•+ ...A it'••;. .!".....',•t•i,.f.ne,re;or •..t,..;1,kr''.'
: ..r.;......4 f,„,ra i ...I.)...j; , .• 1 . ,, .-1,14 r•,-..4„,..:,..-0,'0., , .:!.....4-g• • ,;If....„,„.1,....;.,,ty.A.41..ifSj,..i., , g..:..„ .., %,;!„ .c.....,:.,e,;,;!: :.;,......,,.,.-
.1 .,,- 4....1-- .- 1 t..,.. ,, .1.... :*:4.... . •' • .s•:.!•!,•;•••••.,,-11.-4,/,,.%)...A•4!tr'il.:tx.7 dt:4+Zs ti 4-1;...../!-firX. :-‘f.,:,./A••••.-:...Lz.i.'•?i...". 0-?..r0,%!;;.,Vr.v1..;NI.).‘:,04k,S-7-,,-y.
-:* •It4Pell. .....;•';•• :N .%.The West itaif of,theIbrthwest QuIttor.'of. the Northeast Quarter; ‘; ' '''.1'3•4-•-%-'":'-- . •
i . • • --,e4:' 41,,<ct: •,*• ;!...'• ; "./‘4:?;.:• .2113 East:165-foot of the Northeast Quarter of the tbrthwsst
•••,",. r , it,I(..::•.z .1....• .:. .?. .s •. QuartertS
*!49i '- /.all in Section 12, 11wnhilt116, P.vge 22...: 414• t••:-Z.z,...,...:.;•. •
.
--;94-.'..,f,'...::• •1., 4. ma Ibrth.16.5 'fact of titat part of;the tbith Italf of the Northweist Cklartor of .. ;
. . ...
,ii• 2-V• j :4!7;1*.'', ..-*S., -::,s4,(;•:.-Sac ticn 121%•Itheiship1llGs1lange.22 lying intuvrat.the rast.•165 foot of„tho tiotthonst
-1- - , w71-•.v4':..:x i..r,r.,.",.., -AtOuartar,of the Northwest Nau.taX.',•itd,thrara Easterly,lin* of U.8:.iligtway.N2;1:169 and . 1
. . •-.,-•!•44x--;Rs-- ,.. ..`...*k.. ..;-• ‘„..••;:..23.2.:4•-:;,4 -K.w.t.t4topfe.,b14-:4:(vpd?Agek,.3:,...,i9p.vvs,..r. 1.4 )k 1;e5,,,)i.-1,ir.!f;t:A;rtflOor,v,..;,,,;):.--,: . I
t 1" •• -' -:4,,,- .r2'. '-'''•'''`.1'• 1` witieti:licis Easterleof as-lino Ass'parllol.'with and.distant'200'feet rasterlY of
•.;• ig.t f*ft.. ., ".y,..I..4',• $1,‘,7;1, • , • • • .,4i 1 ar..iy.•4.•Ay ..).'•1..!.,P VIr.0•••,..11.1 AC,' ioltr• .
. l•
.1.r. :. :;‘,ftt ,.., ki:tr.i-7....t. •.1 Y•-..,'the following described linot•I',Fr.y.S_et--4.%:•;14eWi."'-e...,. .'• S••••• •••• S ••'•• ,•••• .4.'• V •A••(b,
':.j .4 s:42.<:: . . ,. .tii!;:!•••=p.Trzxn a Icii•c on the tierth'll.ne of.mid Section 12 distant.1152.72 foot rast or-
. -,:i41....-.. -: 4.4 1-.. .-.."..,:y....r. the 1)ertirdest'corna.•!..ttnrcof I run Southwesterly at en angle of 95 (Negro:3539 ,•-
•:•. •..7•4•,,,,t, • .44, '-',:;',...;... . '#!i•:''minutes 45 seconds.With"said tNorthSoction Line for 100.foot to the point of
' :-.,-*;1'''''' , :• • 1-:1 • •• • 's :. bog inning of the line to he described; thence tun tbrtheasterly on the last de-
....,_,,...p.ti'd‘f.,Z i 7-, 1.:. .. .',-.1.scribal course for 300. feat and there terminating,. --.:P-.: P. •• :. ..•. .:.;,; •:•..,-,,,;-... . .
-•• ...•• : -- •1.4 le
• ll •1;"; •':.. ' '';;.....I** ••:•.:..S‘:;! 1.li i?...•‘‘•1.4 1'••'f....:1• :.':.‘....4..:.' . :.,.. ' '4-‘•.I,4.'• '•: %)..i.•:: ;,.-..
• ..;.. ., .nliv.,11.!*1 ...,. : ......'..• •, '' '.•I.,-.411r... ..i••-•IL..‘y....V•I'01%...,•...'.:.?1•,..tL...:.:• •.i.. ;'1 .!..1-nl.....• : - . ...8 ila•'1. ..i 7..
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.Dj...., .1,-))1'. • •; . ' , .' '. i . •• •''.....-,••;•-..,..;•:'1•4:,.1e --•••••.,:•;,•,+.1..z....\ • -..:„.(•..::::•••,....'.• ...,.), ...• t- ...., 444••..ei,-*
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thin: ....X�.Nr4•,,�•tu'• .:•: .. ..
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:a •,51„�'1,t ♦�'1� „. .i t 1 + T"' c',� .r i'h' .R �"• .r e:y ♦(�+a: , w. J. .•. '" .✓, '.i f• c.,4;4 1•^ •ter ��.. ..,-.• r..,.
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' - 1 tt 1 ,. '4+ 1.W.''i1••S.^s fill,,•, .A l ,• •1,01• t •••.
/ - ', •1/ e ti ,Pie. it .,t.;,.1 .1, I.TJ: 11,, ..+.� +� ♦ 1 r✓�yt►'•? 2..,•:
h i .1 • I . •1 , .. • • i evi tr '•ta.x 1 .t• J � 1' ��'°'fT•'1:'( �.,+ }N i'!A' •1) ttr�. 21 ,
•ell•y, ' . ' ,' i Tilt. part. of t3tc� :•%4114.1441f ti" i•11G tart IM'itl'titirl'et of:lito,llt►tt'1K' 'tt tArtrie fil. '
a:;yrTt;;. ".. ' aE Section 1, 7tn+lt::hiii llf+, ItAttdn•22, ck'n-rtti'i na tollcrtnt:;'lioginnirtct at the , �+ ;
▪••i :':,::: ". • -NortJtltvat corner of add South irtf of said tlnitIment Quarter of the South-
: : 1: • : '• ' oast ?uartert tltcnco i st along tha forth 1 tno t c rrtof.a cliatonco of.190 tciotI f �:,-. )
• ,•�•,si' *;•; ., '• thane* clefi•octint3 to the right M e ngr'oo 4') intnut•ns a'
diatnneo of.450 icxtttrt :,i��-, f
; tltanco.doflrctirnl tn Urn r19tht 94 drlt'eott':it tnitminn•X7 Mania a i tntntxa oft, ';;;•
:"' t !:. t•. • 441 faott,t ezx o Idctrtltwunterly'325 foot torn or lento•to a'mint"in the t'rus1+`�,�=-1;.1::, .
' '°•:•. ?t line of.said tdortinnet Wartrnr of the Southanst Quarter dictn.nes.400 ;cot: • 3+`r` !°1:
:1 •,1%. • 1 South of the.paint o;,beginning) tunes !brit along said West.lit to ths`E:Is: . 4.,,.. t t
•,? ,f •Paint el beginning !• !.. !• r •, •�,tql.! 2:,'. a 1:1'• i 11SF'rE� %&"- f ..ui L.,• IS1• �'';'
=h 7•r I. • ± 1 • 1,••,..!•J•., L 1,r 1 •. ,:t:( ,•.. r- !!1• Thy �.4C. ";�T ?t)::,. j. .. <
• ..r•1"1. If•T. (!rc- �.
'.'.•�_ ; .• • '. .'rh .'part of the rant1G rods of. the ttdrth GO mds•of;the tiorth:ast Quartile of.+ .:,;r{••: ; •
I,.f••` ‘'i..:;:. the Soutteest Ou.irter of Section 1, 11 nsttip 116, flange. 22 lying,Southcrly of,:;t t'•.p•. ;
•.�('. : ',r�, •t States highway No 1G 212 j+<.:,' .,:, 1. :•.`,,,� •. ,.,..•�fill_��•i;r1.. i
. 9- . •w .: ,::i r: '`'' ;s „ax t4jtr{✓•r+C,f1.•j�w,j¢ N;M....f
r,:• V•.�, ;:'' All aewrding to the Vn:tctlStates CAvpr17t11Cttt Survey thereo!t and situat:t itt
•'• ''`,:s • (:' . •Hennepin County, i'tionesota. •. • .-..,-•'. t::':�.,:,f 'ts•, 'I.::: t
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• • . •�!l ;':1);„,..i-; , and Mariun U.••tlnRon,'his wife, and Arch(' ti.'Onrter and Marie Carter}'his wits r► .
j�„>'1 l' ; .:,.•,..••"Richard W. Anderson• ,Inc.;a Minnesota corporation as Contract toe Deed Yendee.'/ '• �'e'
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• •.111,1t l‘u't of tiv r. tIt II:tl.f c,f the ittrthwo:I th►u'tcr of Ilto ttt>trlrr
of Sect_iun 1, 'Ilsauatip 116, banno 22. tit-Teeth tl on t•o11re.rtt beginning nt the
lktrt•eAsst tornar nC t:;ticl South 1t.1tf nt said tku:tlr.cir.t. Quarter of the South-
east (..trt.rt t enco 1:aat along the llorth lute thnrnot rt dintonco of 190 faett
t%encct dhClect:inct to the right 34 clncltrCn 4') uttntivon n distnnce of 4Sf1 foot!
thence cicilrcting tit the rinitt SIA clon•c`c:% :11 mimic:et 37 socsauln a clintan:c: of
441 feott thence tktrtlnv:tc.crly 325 feet amen or loan to it 1:tint in the Oast
line oC said Northwest Quarter of the Southeast tut'trter dirt vice 400 feet
South of tin irtint of boginningt thence North along said West line to the
point of beginning.
That part of the r,.tt. 14 rods of the. North 60 rats of the tborthca,t Quarter of
the :outhwc t Charter of Section 1, 9tn•nuhip 114, lunge 22 lying Southcr:y of
St i o lligln:ay t:o. 1G9-212.
All according to the United States Covernn'nt. Su--vc:y thereof, and situate in
•
•
lte.•tnepin County, t•tthno et.t.
•
I
II
.i
•
The roe Owners of Chi` nl,nvc Tenet 11 being '1rivin ( . Asticfnr'l and Jane 7..
Asticfnrd, his wife. 1)rntnld I . iinr.en. ('nrol A. ilnrten his wife. lierbcrt A. Mason
and Mnrinn It. Minsant, has wtfr, and Ar••hlr N. f nrier nnli ninrin rnrlcr,his wlfn,
itichnrd W. Anderson, Inc., n Minnesota c :torntion as Contract Por Deed Vendee
TRACT(1
Lot 1, Rictck I, Sltndy Oak Industrial Pack Addition and Lot 2, Block 2, Shady Oak
Industrial I'nrk Addition.
The Fee Owners of,the above Tract C being stclvin Ct. Astlelord end Jane Z.
Asticfnrd, his wife, Donald P. bnnen, Corot A. ilnmen, his wife, llerbert A. Mason
1 and Mlorhtn n. Meson, his wife, and Archie N. Cnrter and Merle Carter. his wife,
Richard W. Anderson, Inc., a Minnesota corporation at Contract for Deed Vendee.
• TRACT
Lot 2, Block 1, Shady Oak Industrial Park Addition
The Foe Owner is Northweatorn National Life Insurance Company
TRACT C
Lot 1, Block 2, Shady Oak Industrial Park Addition
The Fee Owner is Tho Aliens Three, a partnership
DATE: 06/18/96
EDEN PRAIRIE CITY COUNCIL AGENDA -��
ITEM NO: iii: N
SECTION: Petitions & Requests
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Land Alteration Permit for Greg Geisler, 8899 Hidden Oaks Drive
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council approve Mr. Geisler's request for Land Alteration
Permit to construct a berm within the rear portions of his residence on Hidden Oaks Drive. The
permit should be conditioned on the following items:
• Owner's contractor to provide proof of liability insurance
• Provision of adequate signing along Anderson Lakes Parkway for truck hauling
operations
• Owner to assume responsibility for repair of City trail repair adjacent to the property
Background:
Mr. Geisler has requested City Council approval of a Land Alteration Permit to place
approximately 800 to 1,000 cubic yards of dirt to build up an existing berm along the back of
his property, adjacent to Anderson Lakes Parkway. Mr. Geisler's intent is to provide screening
and sound buffering of traffic noise from Anderson Lakes Parkway. Access to this portion of
the property is only available off Anderson Lakes Parkway through an existing City trail. Staff
will work with Mr. Geisler's contractor to ensure that an adequate signing plan is implemented
along Anderson Lakes Parkway and that the existing trail is adequately protected.
Please refer to the supporting information provided by the owner.
I
PROPOSED PLAN
GEISLER RESIDENCE
8899 HIDDEN OAKS
BUILDING EARTH BERM AND LANDSCAPING
2
Objective
Reduce the volume of traffic noise experienced by the Geisler residence from Anderson Lakes
Parkway while minimally disturbing the property and the adjacent natural setting.
Considerations
The Minnesota Pollution Control Agency conducted an acoustical noise monitoring survey
(STAMINA noise model) to measure the traffic generated noise. Noise monitoring was
performed at four selected receptor sites on the Geisler property. The results indicated a decibel
level of 56.0 at two of the receptors. It was recommended that an earth berm be constructed to
mitigate the traffic generated noise from Anderson Lakes Parkway.
A surveyor was hired to determine options, elevations and conditions that were consistent with
preserving the natural landscape.
Procedure
Based on the recommendations of the PCA, it was decided the best course of action was to
construct an earth berm, preserving as much of the natural landscape as possible and minimizing
any lost trees or cover. The earth berm was recommended because of its natural and sound
absorption properties. A height of at least six feet above the existing zenith on the rear of the
Geisler property was advised. In addition, a border of mid-sized pine trees would help not only
with the sound, but would meld into the natural settings of the surrounding areas. The trees will
be ordered through Dundee Nursery to be delivered and installed by July 15, 1996. Grass and
other ground cover will be planted on the side of the berm facing Anderson Lakes Parkway to
eliminate erosion and to make it more aesthetically appealing to the neighbors. Any grass that
was disturbed along the boulevard would be replaced.
Bidding Process
Bids were solicited from Robert Hoff Construction and Dundee Nursery. Robert Hoff
Construction was selected.
The amount of dirt needed was estimated between 500 and 1,000 yards.
Recap and Later Considerations
When the berm is complete - implement landscape plan from Dundee.
S
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-18-96
SECTION: PUBLIC HEARINGS �q
ITEM NO. 1/-
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger STARING LAKE TOWNHOMES
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Continue the Public Hearing until the July 16, 1996 City Council meeting as stated in the attached
letter from the Developer.
Supporting Reports:
1. Letter from Pulte Homes to Mike Franzen
JUN-11-1996 10:28 PULTE HOMES OF MN 1 612 452 5727 P.02/02
Pulte Homes of Minnesota Corporation
•
June 11th, 1996
Mr.Mike Franzen
City of Eden Prairie
Eden Prairie City Center
8080 Mitchell Road
Eden Prairie,MN 55344-2230
Dear Mr. Franzen,
We respectfully request a continuation of the Staring Lake community
until July 16th at the next council meeting.
PULTE HOMES OF MINNEOT
r...
Gary Gran
Vice President - Construction
GG/ks
1355 Mendota Heights Road., Suite 300, Mendota Heights, MN 55120-1112
tj
:wawa Phone: (612) 452-5200 • Fax: (612) 452-5727 • Licensc #0001371
2 TOTAL P.02
City of Eden Prairie era
City Offices Eden
8080 Mitchell Road • Eden Prairie, MN 55344-2230 prairie
Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390
June 11, 1996
SUBJECT: Staring Lake Townhouse Project Public Hearing Proposed
to be Continued until July 16th
Dear Resident:
Pulte Homes is requesting that the City Council continue the public hearing from June 18th to
July 16th. At the June 18th City Council meeting, there will be no presentation by the Developer.
The City Council will make a motion to continue the project until July 16th.
Sincer ly,
( .
Michael D. Franzen
City Planner
'r
+a.,
Recycled Paper
epDATE:
ecJen
prairie CITY COUNCIL AGENDA 6-18-96
SECTION: Payment of Claims
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance Payment of Claims VI
Checks No. 42555 thru 42871
Action/Direction:
Approve payment of claims
COUNCIL CHECK REGISTER FRI, JUN 14, 1996, 9:00 AM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
42555 $183.50 BELLBOY CORPORATION BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
42556 $11,164.10 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
42557 $33,721.05 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
42558 ' $54.00 LINCOLN DISTRIBUTING CO BEER 6/12 PRESERVE LIQUOR #2
42559 $18,445.31 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
42561 $1,000.00 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRESERVE LIQUOR #2
42562 $470.55 PEPSI COLA COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1
42563 $19.00 PHILLIPS WINE AND SPIRTS INC BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
42564 $19.20 THE WINE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
42565 $27,622.95 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
42566 $1,559.71 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
42567 $3,066.35 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
42568 $28,123.72 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
42569 $20,819.23 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
42570 $1,753.83 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
42571 $23,399.38 PHILLIPS WINE AND SPIRTS INC MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
42573 $6,750.20 PRIOR WINE COMPANY MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
42574 $10,478.66 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
42576 $117.70 THE WINE COMPANY WINE IMPORTED PRAIRIE VIYJ•LGE LIQUOR #1
42577 $261.00 VINTAGE ONE WINES INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1
42578 $935.89 WORLD CLASS WINES INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
42579 $256.95 CARD SERVICES-BUSINESS CARD CONFERENCE IN SERVICE TRAINING
42580 $157.19 COUSIN SUBS OPERATING SUPPLIES-GENERAL ADAPTIVE RECREATION
42581 $14,319.28 ERICKSON CHEVROLET PONTIAC INC AUTOS P/R REVOLVING FD
42582 $1,063.46 MCI TELECOMMUNICATIONS TELEPHONE WATER UTILITY-GEN
42583 $12,576.32 MINNEGASCO GAS WATER TREATMENT PLANT
42585 $152.65 NATL FIRE PROTECTION ASSOC OPERATING SUPPLIES-GENERAL INSPECTION-ADM
42586 $17,857.99 NORTHERN STATES POWER COMPANY ELECTRIC SEWER LIFTSTATION
42589 $2,549.00 NSP OTHER CONTRACTED SERVICES TECHNOLOGY DR IMPROV
42590 $67.57 ROD MACRAE USE OF PERSONAL AUTO OUTDOOR CTR PROGRAM
42591 $1,168.00 ALAN HANSON WAGES CONTRACTED FIRE
42592 $93,748.71 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG
42593 $1,116.00 ROBERT GRANT WAGES CONTRACTED FIRE
42594 $750.00 WEST SUBURBAN COLUMBUS CREDIT CREDIT UNION FD 10 ORG
42595 $2,287.43 CANADA LIFE ASSURANCE COMPANY DISABILITY IN EMPLOYERS FD 10 ORG
42596 $3,198.38 PRUDENTIAL INS CO OF AMERICA-C LIFE INSURANCE EMPLOYERS FD 10 ORG
42597 $63.71 BRENDA UTING PHOTO SUPPLIES SENIOR CENTER
42598 $200.00 CARL J JULLIE CONFERENCE IN SERVICE TRAINING
42599 $195.80 CLINIC VIEW INN CONFERENCE IN SERVICE TRAINING
42600 $83.44 CYNTHIA LANENBERG USE OF PERSONAL AUTO FIRE
42601 $84.56 ELYCE KASTIGAR USE OF PERSONAL AUTO COMMUNITY CENTER ADMIN
42602 $12.95 GALACTICOMM INC OFFICE EQUIPMENT CITY MANAGER
42603 $5,490.78 GENUINE PARTS COMPANY SMALL TOOLS PARK MAINT
42604 $5,259.00 JASON-NORTHCO L.P. #1 REPAIR & MAINT SUPPLIES PRAIRIE VILLAGE LIQUOR #1
42605 $2,275.82 KRAEMERS HARDWARE INC REPAIR & MAINT SUPPLIES WATER SYSTEM MAINT
42608 $7.15 LYNDELL F FREY MEETING EXPENSES RECREATION ADMIN
42609 $387.97 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
42611 $75.00 NIYSA OPERATING SUPPLIES-GENERAL RECREATION ADMIN
42612 $45.30 PARAGON CABLE CABLE TV FIRE
42613 $1,439.40 QUALITY WASTE CONTROL INC WASTE DISPOSAL EATON BLDG
42614 $200.00 RONALD CASE CONFERENCE IN SERVICE TRAINING
42615 $200.00 ROSS THORFINNSON JR CONFERENCE IN SERVICE TRAINING
42616 $1,008.98 SISINNI FOOD SERVICE MISCELLANEOUS RECREATION ADMIN
42617 $152.60 STEVEN CLAY CONFERENCE IN SERVICE TRAINING
42618 $27.55 SUSAN MURPHY OPERATING SUPPLIES-GENERAL ARTS
2
COUNCIL CHECK REGISTER FRI, JUN 14, 1996, 9:00 AM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
42619 $395.00 THE POLICE INSTITUTE SCHOOLS POLICE
42620 $6,670.50 UNITED PROPERTIES REPAIR & MAINT SUPPLIES PRAIRE VIEW LIQUOR #3
42621 $5,531.71 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GEN
42622 $14.00 ADELE KRANTZ SR CITIZENS/ADULT PROG FEES ADULT PROGRAM
42623 $27.00 AMY DAVIS ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP
42624 $14.00 ANN WALKER SR CITIZENS/ADULT PROG FEES ADULT PROGRAM
42625 $28.00 ARDIS & ROBERT MCCARTHY SR CITIZENS/ADULT PROG FEES ADULT PROGRAM
42626 $92.00 CAROL GIULIANI ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
42627 $52.00 CYNTHIA ERICKSON ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND
42628 $26.00 DEB TESKE ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS
42629 $14.00 DELLORA COLEMAN SR CITIZENS/ADULT PROG FEES ADULT PROGRAM
42630 $14.00 EDIE ANDERSON SR CITIZENS/ADULT PROG FEES ADULT PROGRAM
42631 $14.00 ETHEL HOFFHINES SR CITIZENS/ADULT PROG FEES ADULT PROGRAM
42632 $28.00 HELEN BROOKE SPECIAL EVENTS FEES WINTER SKILL DEVELOP
42633 $100.00 HENRY WANG ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM
42634 $36.00 HOLLY JONES LESSONS/CLASSES ICE ARENA
42635 $26.00 JAN TOTMAN ADULT/YOUTH/OUTDOOR CTR PROG SPRING SKILL DEVELOP
42636 $28.00 JEANETTE PARR LESSONS/CLASSES POOL LESSONS
42637 $14.00 JOANNE MINNIS SR CITIZENS/ADULT PROG FEES ADULT PROGRAM
42638 $21.00 JUDY KRAUSE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
42639 $32.00 KAREN JOHNSON ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
42640 $157.00 KATHY THEIS LESSONS/CLASSES POOL LESSONS
42641 $28.00 LORI EVENSTAD LESSONS/CLASSES OAK POINT LESSONS
42642 $28.00 MARIE VANEIS LESSONS/CLASSES OAK POINT LESSONS
42643 $100.00 MYLES MILLER ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM
42644 $28.00 NANCY MCSWIGGAN LESSONS/CLASSES OAK POINT LESSONS
42645 $14.00 ORV HEIN SR CITIZENS/ADULT PROG FEES ADULT PROGRAM
42646 $48.00 PAT KEEGAN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
42647 $28.00 PATTY PETERSON LESSONS/CLASSES OAK POINT LESSONS
42648 $15.60 RICH OWENS C/O MIKE OWENS ADULT RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN
42649 $56.00 SANDY CHRISTENSEN LESSONS/CLASSES OAK POINT LESSONS
42650 $45.00 STACEY KERNS ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM
42651 $27.00 SUE KUBLER LESSONS/CLASSES POOL LESSONS
42652 $16.00 SUZANNE BENSON LESSONS/CLASSES ICE ARENA
42653 $28.00 TIMOTHY NORDQUIST LESSONS/CLASSES POOL LESSONS
42655 $130.00 CLARITY AUDIO/VIDEO SYSTEMS IN OPERATING SUPPLIES-GENERAL ICE SHOW
42656 $887.50 FRANK R CARDARELLE OTHER CONTRACTED SERVICES HERITAGE PRESERVATION
42657 $450.00 PETTY CASH PLAYGROUND CASH CHANGE FD 10 ORG
42658 $190.96 SALLY DISTRIBUTORS OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION
42659 $5,370.45 SUPPLEES 7 HI ENTERPRISES INC BLDG RENTAL PRESERVE LIQUOR #2
42660 $80.00 UNIVERSITY OF MN-REGISTRAR,PDC CONFERENCE IN SERVICE TRAINING
42661 $1,597.77 US POSTMASTER POSTAGE WATER ACCTG
42662 $429.71 CARVER COUNTY COURTHOUSE GARNISHMENT WITHHELD FD 10 ORG
42663 $128.30 COUNTY OF ANOKA HUMAN SERVICES GARNISHMENT WITHHELD FD 10 ORG
42664 $350.00 FEDERAL RESERVE BANK OF MPLS BOND DEDUCTION FD 10 ORG
42665 $8,255.50 GREAT WEST LIFE AND ANNUITY DEFERRED COMP FD 10 ORG
42666 $555.55 HENNEPIN COUNTY SUPPORT AND GARNISHMENT WITHHELD FD 10 ORG
42667 $4,364.22 I.C.M.A. RETIREMENT TRUCT-457 DEFERRED COMP FD 10 ORG
42668 $292.00 MINN STATE RETIREMENT SYS DEFERRED COMP FD 10 ORG
42669 $227.42 MINNESOTA DEPT OF REVENUE GARNISHMENT WITHHELD FD 10 ORG
42670 $1,832.50 MINNESOTA MUTUAL LIFE DEFERRED COMP FD 10 ORG
42671 $35.00 MINNESOTA TEAMSTERS CREDIT UNI CREDIT UNION FD 10 ORG
42672 $44,011.43 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG
42673 $189.00 UNITED WAY UNITED WAY WITHHELD FD 10 ORG
42674 $290.00 LEAGUE OF MINNESOTA CITIES CONFERENCE IN SERVICE TRAINING
COUNCIL CHECK REGISTER FRI, JUN 14, 1996, 9:00 AM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
42675 $180.40 RADISSON HOTEL CENTERPLACE CONFERENCE IN SERVICE TRAINING
42678 $200.00 PATRICIA PIDCOCK CONFERENCE IN SERVICE TRAINING
42715 $15,000.00 ALEX BROWN & SONS INCORPORATED DEPOSITS ESCROW
42716 $399.70 BACHMANS OTHER EQUIPMENT CC CAPITAL OUTLAY
42717 $14,000.00 DAVID & SUSAN PETERSON AND LEGAL SERVICE STORM DRAINAGE
42718 $5,000.00 FAYE HEILLE DEPOSITS ESCROW
42719 $27,183.55 HEALTH PARTNERS COBRA COSTS/REV BENEFITS
42720 $15.00 NATIONAL REGISTRY OF EMT SCHOOLS POLICE
42721 $90.00 PAUL BROWN WAGES PART TIME COMMUNITY CENTER ADMIN
42722 $1,050.00 PRISM HOLIDAYS SPECIAL EVENTS FEES ADULT PROGRAM
42723 $72.00 SUPERINTENDANT OF DOCUMENTS DUES & SUBSCRIPTIONS IN SERVICE TRAINING
42724 $32.00 MINNESOTA TWINS OPERATING SUPPLIES-GENERAL ADAPTIVE RECREATION
42725 $500.76 MN VALLEY ELECTRIC COOPERATIVE ELECTRIC BEARPATH LIFT STATION
42726 $1,047.60 NOELLE ROBICHON SPECIAL EVENTS FEES SPRING SKILL DEVELOP
42727 $75.00 RONALD G OTTERNESS INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM
42728 $114.98 TARGET OPERATING SUPPLIES-GENERAL AFTERNOON PLAYGROUND
42729 $210.00 AAA LAMBERTS LANDSCAPE PRODUCT OPERATING SUPPLIES-GENERAL STREET MAINT
42730 $99.00 ACTION TARGET INC TRAINING SUPPLIES POLICE
42731 $428.23 ALTERNATIVE BUSINESS FURNITURE OFFICE SUPPLIES POLICE
42732 $274.78 AMERICAN LINEN SUPPLY COMPANY OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1
42733 $69.57 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL
42734 $496.00 ANDYS PICKUP PALACE NEW CAR EQUIPMENT EQUIPMENT MAINT
42735 $42.06 AQUA ENGINEERING INC EQUIPMENT PARTS EQUIPMENT MAINT
42736 $77.00 ARMOR SECURITY INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
42737 $158.78 ASTLEFORD EQUIPMENT COMPANY IN EQUIPMENT PARTS EQUIPMENT MAINT
42738 $182.57 AVR INC REPAIR & MAINT SUPPLIES SEWER LIFTSTATION
42739 $154.13 BAUER BUILT TIRE AND BATTERY TIRES EQUIPMENT MAINT
42740 $120.00 BCA/TRAINING & DEVELOPMENT SCHOOLS POLICE
42741 $1,041.97 BELLBOY CORPORATION OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1
42743 $100.35 BETH AND MORLEY BURNETT REPAIR & MAINT SUPPLIES ICE ARENA
42744 $285.00 BFI TIRE RECYCLERS OF MN INC WASTE DISPOSAL EQUIPMENT MAINT
42745 $72,250.77 BONINE EXCAVATING IMPROVEMENT CONTRACTS PAFKO 2ND ADDITION
42746 $446.50 BRAUN INTERTEC CORPORATION DESIGN & CONST PAFKO 2ND ADDITION
42747 $1,226.53 BRYAN ROCK PRODUCTS INC GRAVEL STREET MAINT
42748 $2,635.71 CAPITOL COMMUNICATIONS CONTRACTED REPAIR & MAINT POLICE
42749 $750.00 CARLSON COUNSELING AND CONSULT EMPLOYEE ASSISTANCE BENEFITS
42750 $1,181.58 CENTRAIRE INC CONTRACTED BLDG REPAIRS PRAIRE VIEW LIQUOR #3
42751 $667.91 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINT
42752 $234.00 CHRIS JESSEN OTHER CONTRACTED SERVICES SOFTBALL
42753 $59.00 CITY BUSINESS OPERATING SUPPLIES-GENERAL IN SERVICE TRAINING
42754 $805.50 COMPUTER CHEQUE OF MINNESOTA I DUES & SUBSCRIPTIONS PRESERVE LIQUOR #2
42755 $117.49 CONNEY SAFETY PRODUCTS OPERATING SUPPLIES-GENERAL SAFETY
42756 $338.67 CONSTRUCTION MATERIALS INC SIDEWALK REPLACEMENT STREET MAINT
42757 $86.44 CONTINENTAL SAFETY EQUIPMENT OPERATING SUPPLIES-GENERAL SAFETY
42758 $825.46 COPY EQUIPMENT INC OPERATING SUPPLIES-GENERAL ENGINEERING DEPT
42759 $4,000.00 CORNERSTONE PROFESSIONAL SERVICES COMMUNITY SERVICES
42760 $672.42 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE
42761 $676.00 DAN DESAULNIERS OTHER CONTRACTED SERVICES SOFTBALL
42762 $19.04 DAN OTTEN USE OF PERSONAL AUTO INSPECTION-ADM
42763 $577.00 DANKO EMERGENCY EQUIPMENT CO PROTECTIVE CLOTHING FIRE
42764 $497.90 DELEGARD TOOL CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINT
42765 $29.05 DON SWENSON TRAINING SUPPLIES POLICE
42766 $2,950.00 DUNSMORE ASPHALT INC PROFESSIONAL SERVICES 1993 REHAB 54044
42767 $1,414.94 E F JOHNSON CO OTHER EQUIPMENT WATER TREATMENT PLANT
42768 $342.74 EARL F ANDERSON BLDG REPAIR & MAINT LAKE EDEN PARK
11
COUNCIL CHECK REGISTER FRI, JUN 14, 1996, 9:00 AM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
42769 $406.00 ED BRION OTHER CONTRACTED SERVICES SOFTBALL
42770 $6.02 EDEN PRAIRIE FORD EQUIPMENT PARTS EQUIPMENT MAINT
42771 $4,325.00 EDEN PRAIRIE SCHOOL DISTRICT N BLDG RENTAL ART & MUSIC
42772 $39.27 ELYCE KASTIGAR OPERATING SUPPLIES-GENERAL OAK POINT OPERATIONS
42773 $2,767.76 EMERGENCY APPARATUS MAINTENANC CONTRACTED REPAIR & MAINT FIRE
42774 $31.65 EXPRESS MESSENGER SYSTEMS INC POSTAGE COMMUNITY DEVELOPMENT
42775 $27.84 FERRELLGAS MOTOR FUELS ICE ARENA
42776 $65.68 FISCHER AGGREGATES INC GRAVEL STREET MAINT
42777 $540.00 FOCUSED TRAINING SYSTEMS INC PROFESSIONAL SERVICES WATER TREATMENT PLANT
42778 $619.15 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA
42779 $10.69 GLENN JOHNSON OPERATING SUPPLIES-GENERAL FIRE
42780 $50.00 GREAT AMERICAN MARINE FURNITURE & FIXTURES ROUND LAKE MARINA
42781 $4,089.03 HANSEN THORP PELLINEN OLSON PROFESSIONAL SERVICES RIVERVIEW RD
42782 $682.64 HARMON GLASS COMPANY CONTRACTED REPAIR & MAINT EQUIPMENT MAINT
42783 $198.00 HARRY ORTLOFF OTHER CONTRACTED SERVICES SOFTBALL
42784 $4,990.54 HENNEPIN COUNTY TREASURER BOARD OF PRISONERS SVC POLICE
42785 $57.50 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT
42786 $347.54 HONEYWELL INC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT
42787 $648.00 IRISH INC OPERATING SUPPLIES-GENERAL PARK MAINT
42788 $44.07 J W PEPPER OF MINNEAPOLIS OPERATING SUPPLIES-GENERAL ART & MUSIC
42789 $369.96 JANEX INC CLEANING SUPPLIES EPCC MAINTENANCE
42790 $304.60 JC PENNEY CLOTHING & UNIFORMS POLICE
42791 $401.64 JOEL WESTACOTT WAGES PART TIME COMMUNITY SERVICES
42792 $150.00 JOHN A OTT MEETING EXPENSES IN SERVICE TRAINING
42793 $295.92 JUSTUS LUMBER COMPANY BUILDING MATERIALS WATER TREATMENT PLANT
42794 $50.00 KIRBY PAULSON CLOTHING & UNIFORMS STREET MAINT
42795 $36.20 LAB SAFETY SUPPLY INC OPERATING SUPPLIES-GENERAL SAFETY
42796 $1,562.26 LAKE REGION VENDING MISC TAXABLE PRAIRE VIEW LIQUOR #3
42797 $1,195.00 LEE RAY OTHER CONTRACTED SERVICES SOFTBALL
42798 $30.00 M SHANKEN COMMUNICATIONS INC MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3
42799 $37.40 MARKS HWY 5 AMOCO MOTOR FUELS EQUIPMENT MAINT
42800 $1,429.70 MASYS CORPORATION CONTRACTED COMM MAINT POLICE
42801 $120.40 MAXI-PRINT INC PRINTING POLICE
42802 $18.70 MCFARLANES INC REPAIR & MAINT SUPPLIES STORM DRAINAGE
12803 $224.12 MCGLYNN BAKERIES OPERATING SUPPLIES-GENERAL FIRE
42805 $707.66 MCNEILUS STEEL INC EQUIPMENT PARTS EQUIPMENT MAINT
42806 $435.64 MENARDS BUILDING MATERIALS PARK MAINT
42808 $253.00 METRO AREA AGENCY ON AGING PROFESSIONAL SERVICES COMMUNITY SERVICES
42809 $519.19 METRO FIRE OPERATING SUPPLIES-GENERAL FIRE
42810 $115.00 METROPOLITAN STATE UNIVERSITY SCHOOLS FIRE
42811 $5.33 METROPOLITIAN COUNCIL OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT
42812 $1,659.95 MIDWEST ASPHALT CORPORATION GRAVEL STREET MAINT
42813 $132.97 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL
42814 $35.20 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT FIRE
42815 $536.00 MMBA DUES & SUBSCRIPTIONS PRAIRIE VILLAGE LIQUOR #1
42816 $20.00 MN CHAPTER IAAI OPERATING SUPPLIES-GENERAL INSPECTION-ADM
42817 $1,460.84 MTI DISTRIBUTING CO REPAIR & MAINT SUPPLIES PARK MAINT
42818 $51.50 MUFF MAGLESSEN CONTRACTED EQUIP REPAIR SR CTR OPERATIONS
42819 $634.26 MUNICILITE NEW CAR EQUIPMENT EQUIPMENT MAINT
42820 $774.00 NATHAN D BUCK OTHER CONTRACTED SERVICES SOFTBALL
42821 $138.00 NATIONAL SEMINARS GROUP CONFERENCE IN SERVICE TRAINING
42822 $398.77 NEBCO EVANS DISTRIBUTING MERCHANDISE FOR RESALE CONCESSIONS
42823 $1,662.12 NORTH STAR ICE MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1
42824 $181.78 NORTHERN EQUIPMENT PARTS EQUIPMENT MAINT
42825 $4,594.00 NTC RESTORATION IMPROVEMENT CONTRACTS BOULDER WEST TOWNHOUSE
5
COUNCIL CHECK REGISTER FRI, JUN 14, 1996, 9:00 AM
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
42826 $17.05 PAPER WAREHOUSE EMPLOYEE AWARD HUMAN RESOURCES
42827 $199.26 PARKSIDE PRINTING INC PRINTING SENIOR AWARENESS N16
42828 $30.00 PAULETTE QUENZER BURIAL & MARKER FEES CEMETARY OPERATIONS
42829 $216.00 PHILIP MANNING OTHER CONTRACTED SERVICES VOLLEYBALL
42830 $762.0C PINNACLE DISTRIBUTING MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1
42831 $188.51 PITNEY BOWES INC RENTALS GENERAL
42832 $88.02 PLYMOUTH SUPPLY COMPANY OPERATING SUPPLIES-GENERAL PARK MAINT
42833 $891.35 PORTOLITE PRODUCTS NEW CAR EQUIPMENT EQUIPMENT MAINT
42834 $107.90 PRAIRIE ELECTRIC COMPANY REPAIR & MAINT SUPPLIES ICE ARENA
42835 $4,841.49 PRECISION PAVEMENT MARKING CONTRACTED STRIPING TRAFFIC SIGNALING
42836 $116.61 RAINBOW FOODS OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM
42837 $166.14 RESPOND SYSTEMS OPERATING SUPPLIES-GENERAL SAFETY
42838 $626.86 RICOH CORPORATION CONTRACTED REPAIR & MAINT GENERAL
42839 $395.02 RIGID HITCH INCORPORATED NEW-CAR EQUIPMENT EQUIPMENT MAINT
42840 $7,762.54 ROLLINS OIL CO MOTOR FUELS EQUIPMENT MAINT
42841 $73.80 SANDY WERTS USE OF PERSONAL AUTO REC SUPERVISOR
42842 $210.57 SAVOIE SUPPLY CO INC SEAL COATING CONTRACTED STREET MAINT
42843 $16.24 SHERI L MOONEN OPERATING SUPPLIES-GENERAL KIDS KORNER
42844 $185.31 SIGNUM GRAPHIC SYSTEMS INC SIGNS TRAFFIC SIGNALING
42845 $229.99 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINT
42846 $93.75 SOUTHWEST SUBURBAN PUBLISHING EMPLOYMENT ADVERTISING HUMAN RESOURCES
42847 $378.00 SPORTS STUDIO POLICE EQUIPMENT POLICE
42848 $1,724.45 SPORTS WORLD USA INC REC EQUIP & SUPPLIES SOFTBALL
42849 $20.44 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3
42850 $60.05 STRINGER BUSINESS SYSTEMS INC CONTRACTED REPAIR & MAINT GENERAL
42851 $158.51 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINT
42852 $8,488.40 SUBURBAN TRANSIT ASSOC DUE FROM OTHER GOVNT UNITS CPT BLDG FUND
42853 $5,664.74 SYSTECH SERVICES OFFICE EQUIPMENT POLICE
42854 $41.50 TARGET TRAINING SUPPLIES FIRE
42855 $23.00 THE W GORDAN SMITH COMPANY LUBRICANTS & ADDITIVES EQUIPMENT MAINT
42856 $659.26 THE WORK CONNECTION OTHER CONTRACTED SERVICES PARK MAINT
42857 $584.00 TIE COMMUNICATIONS INC TELEPHONE GENERAL
42858 $362.00 TODD OLNESS OTHER CONTRACTED SERVICES SOFTBALL
42859 $414.00 TOM HOLMES OTHER CONTRACTED SERVICES SOFTBALL
42860 $1,650.00 TOTAL REGISTER CONTRACTED REPAIR & MAINT PRAIRE VIEW LIQUOR #3
42861 $113.12 TRIA MANN USE OF PERSONAL AUTO ADAPTIVE RECREATION
42862 $128.00 TWIN CITY OXYGEN CO SAFETY SUPPLIES FIRE
42863 $709.50 UHC MGMT CO INC EMPLOYEE ASSISTANCE BENEFITS
42864 $839.11 UNIFORMS UNILIMITED POLICE EQUIPMENT POLICE
42865 $414.46 UNLIMITED SUPPLIES INC SMALL TOOLS EQUIPMENT MAINT
42866 $1,227.48 URBAN COMMUNICATIONS OPERATING SUPPLIES-GENERAL ICE SHOW
42867 $331.37 W W GRAINGER INC SMALL TOOLS EQUIPMENT MAINT
42868 $666.94 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE
42869 $5.00 WEYERHAEUSER WASTE DISPOSAL EPCC MAINTENANCE
42870 $23.20 WILD BIRDS UNLIMITED SMALL TOOLS OUTDOOR CTR PROGRAM
42871 $3,261.90 WOLFF FORDING & COMPANY CLOTHING & UNIFORMS ICE SHOW
$689,166.80*
COUNCIL CHECK SUMMARY FRI, JUN 14, 1996, 9:00 AM
DIVISION TOTAL
GENERAL SERVICES $7,916.14
EMPLOYEE BENEFITS & TRAINING $9,395.76
MANAGER $12.95
HUMAN RESOURCES $1,262.57
COMMUNITY SERVICES $4,654.64
ENGINEERING $825.46
INSPECTIONS $191.69
FACILITIES $5,924.95
CIVIL DEFENSE $31.40
POLICE DEPT $16,856.12
FIRE DEPT $8,002.35
STREET DEPT $9,470.89
PARKS $3,979.22
STREET LIGHTING $325.54
EQUIP MAINT $20,899.80
ORGANIZED ATHLETICS $6,209.55
PLANNING $94.48
COMMUNITY CENTER $23,652.51
BEACHES $50.00
HISTORICAL CULT $987.50
YOUTH RECREATION $2,040.25
SPECIAL EVENTS $190.96
ADULT RECREATION $1,504.85
RECREATION ADMINISTRATION $215.28
ADAPTIVE RECREATION $326.31
OAK POINT POOL $207.27
ARTS $27.55
PUBLIC IMPROV PROJ $92,417.70
SPECIAL ASSESSMENTS $187,083.54
CITY CENTER OPERATING COSTS $37.74
SW METRO TRANSIT $100.97 •
SPECIAL REVENUE FUNDS $2,980.00
LIQUOR STORES $73,386.44
LS PRAIRIEVIEW #3 $94,291.70
LS PRESERVE #2 $49,869.86
WATER DEPT $14,592.95
SEWER DEPT $558.17
STORM DRAINAGE $14,065.46
AGENCY FUNDS $20,207.00
EQUIPMENT REVOLVING FD $14,319.28
$689,166.80*
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 6-12-96
SECTION: REPORT OF DIRECTOR OF
COMMUNITY AND ECONOMIC DEVELOPMENT
ITEM NO. ESL D-1
DEPARTMENT: ITEM DESCRIPTION:
Finance
Chris Enger Authorization to Engage Professional Architectural
John Frane Services to Design Liquor Store No. 4, and order
Don Uram Preparation of Plans and Specifications.
Requested Council Action:
The Staff recommends that the Council take the following action:
1. Authorize staff to enter into an agreement with Michael J.Wilkus Architects for professional
architectural services to design Liquor Store No.4(next to Cub Foods),order the preparation
of plans and specifications and bidding the project.
Background:
In 1995,the City purchased a 1.76 acre parcel of land at the northeast corner of Den Road and W. 78th Street
from SUPERVALU for the construction of a liquor store and retail building. This site is large enough to
accommodate a building and associated parking of approximately 13,000 to 15,000 square feet. The City
would build a liquor store of approximately 4,000 to 6,000 square feet and lease the rest of the building to
a compatible use such as a video rental store.
Recently, two things have happened that makes the construction of the new liquor store both at this time
easier and necessary. First,plans for the relocation of the Presbyterian Church were approved at the corner
of CSAH 4 and CSAH 1. Construction is expected to begin this fall. As part of this,development plans for
the church site on Leona Road and US 169 have been submitted and are expected to go before the Planning
Commission in July. These plans show shared parking and access with the liquor store site.
Secondly,redevelopment plans for the Preserve Village Center(Anderson Lakes Parkway and CSAH 18)
did not occur as originally approved by the City Council. With the original redevelopment plans, the entire
center was to be redeveloped from an interior mall to "in-line" shops with exterior entrances. Walgreens
was also part of this redevelopment. According to the developer, the interior mall space will not be
redeveloped. Because of this plus expected increases in lease rates, a liquor store in this center would not
be profitable. The City's current lease expired on May 1 with an extension until the end of December 1996.
Then,the City may extend the lease term month to month until the new liquor store is completed. Once the
new liquor is completed, the Preserve Village Center liquor store will be closed down and the new store
opened across the street from Cub Foods.
To prepare for the future development of the Cub Foods site, the Council authorized preliminary site
planning work to be done in Spring 1995. This work was done by Michael J. Wilkus Architects, an Eden
Prairie company since 1988. Most recently, this firm did the design for Doolittle's restaurant on Prairie
Center Drive and Singletree Lane.
The preliminary design work was done by Wilkus for a cost of$1,000. The current proposal includes
services relating to:
A. Site Plan and Building Design Approval
B. Construction Documents for Base Building
C. Construction Drawings Liquor Store Build Out
D. Construction Management
The cost to provide these services is$46,190 or approximately 7%of the total building cost that is consistent
with industry standards. Once authorized, Staff expects to begin work immediately. When this work is
completed (expected in July), plans will be presented to the Planning Commission and City Council for
review and approval.
Supporting Reports:
1. Michael J. Wilkus Architects Proposal for Architectural, Structural, Civil and Mechanical/Electrical
Services.
2
3 June 1996
i
(fil311i111)711
Mr. Don Uram
MICI-IAELj WLLKU6AIA Community Development
JEFFREY M.RAPP AIA City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-2230
RE: LIQUOR RETAIL DEVELOPMENT
EDEN PRAIRIE, MN
Dear Don:
Thank you for the opportunity to present our proposal for Architectural,
Structural, Civil and Mechanical/Electrical services. We have reviewed the
requirements for the proposed development building and discussed the
conditions with our consultants.
The proposal outlines the services and fee structures required to implement
your program. The following items are applicable.
1. Design will be based on the preliminary drawings dated 10 March
1995.
2. Building is steel framed with masonry bearing walls:
3. We have assumed normal soil bearing pressure see Structural
proposal.
4. Civil proposal is based on services provided by the Owner outlined
in project summary - see Civil proposal:
A. . Site Plan Approval & Building Design Approval
Included but not limited to: :
1. Site plan development as detailed on attached proposal.
MICI-IAEL J.WILKUS - 2. " : Design development process for exterior.
ARCI-IITECTS, INC. 3. Conceptual Pylon Sign Design
14180`^g6T78T45TREq 4. Colored rendering of proposed project (Colored Elevation
EDEN PRAIRIE MINNESOTA only Deduct $400.00):
(b12)444-0485 . 55344
(FM 444-4047
LIQUOR RETAIL DEVELOPMENT
EDEN PRAIRIE, MN
PAGE 2
5. Required meetings with Owner representatives to refine
design.
6. Civil Scope as outlined on attached proposal.
7. Soil Borings,
Michael J. Wilkus Architects, Inc. (MWA) will provide the above services for
a not to exceed fee of TEN THOUSAND SIX HUNDRED FIFTY AND
NO/100 DOLLARS ($10,650.00).
BREAKDOWN
Architectural: $3,400.00
Civil: $7,250.00
B. Construction documents for base building.
Included but not limited to:
1. Exterior construction drawings and specifications.
2. Interior construction drawings and specifications.
3. Required meetings with Building Officials.
4. One preconstruction meeting.
5. - Review shop drawings.
6. Structural, Civil, Mechanical and Electrical scope as outlined
in attached proposals.
7. Pylon Sign Structural Design.
Michael J. Wilkus Architects, Inc. will provide the following services for a not
to exceed fee of TWENTY FOUR THOUSAND TWO HUNDRED NINETY
FIVE AND NO/100 DOLLARS ($24,295.00)\
BREAKDOWN •
Architectural: - $10,000.00
• Structural: $ 5,795.00
Civil. $ 3,500.00
Mechanical/Electrical: • $ 5,000.00
LIQUOR RETAIL DEVELOPMENT
EDEN PRAIRIE, MN
PAGE 3
C. Construction drawings for liquor store build out.
Included but not limited to:
1. Interior construction drawings and specifications.
2. Storefront signage conceptual design.
3. Required meetings with Owner to refine design.
4. Assist with Interior Decor Selection.
5 One pre-construction meeting.
6. Review shop drawings.
7. Mechanical/Electrical scope as outlined in attached proposal.
Michael J. Wilkus will provide the following services for a not to exceed fee
of FIVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($5,500.00).
BREAKDOWN
Architectural $3,000.00
Mechanical/Electrical: $2,500.00
D. Construction Management
Included but not limited to:
1. Bidding process and document interpretations.
2. Attend Bid openings.
3. Weekly Architectural site inspection reports.
4. Final inspection report and punch list.
5. Structural, Civil, Mechanical/Electrical scope as outlined in
attached proposal.
Michael J. Wilkus Architects, Inc. (MWA) will provide the above services for
a not to exceed fee of FIVE THOUSAND SEVEN HUNDRED FORTY FIVE
AND NO/100 DOLLARS ($5,745.00).
BREAKDOWN
Architectural $2,880.00
Structural $ 665.00
Civil: $1,400.00
Mechanical/Electrical: $ 800.00
LIQUOR RETAIL DEVELOPMENT
EDEN PRAIRIE, MN
PAGE4
EXCLUSIONS:
1. Architectural models will be under separate contract (estimate $1,000
$1500.00).
2. Required concrete and steel testing is assumed part of the General
Contractor contract.
City of Eden Prairie to be provided with disk copies of all plans and shall
retain ownership.
Invoicing will be at the end of each month or upon completion of the work
with payments due within 60 days.
If any services are required beyond the scope of work defined above hourly
rates will be applied. Printing/reductions/express delivery etc. will be billed
at cost plus 15%. See attached 1996 Schedule of Charges.
Thank you for your invitation and consideration of Michael J. Wilkus
Architects, Inc. We look forward to working with you and The City of Eden
Prairie on your new project.
Sinc rely,
CHA L J. WI US AR TECTS, INC.
Jeffrey ► �,
Y
Vice eside
JMK/cch
Enclosures
ACCEPTANCE
By: Date:
City of Eden Prairie
proposallepliquor#2.wpd
1996 SCHEDULE OF CHARGES
tie/ GENERAL CONTRACTS
Principal/Senior.Architect $75/hour
MICI.IAEL J WILKUS AIA Architect $60/hour
JEFFREY M.RAPP AIA
Senior Technical $45/hour
Technical $40/hour
Clerical $30/hour
OVERTIME WORK
At the clients request for overtime, all work will be charged at 1.5 s
times the hourly rates above. •
REIMBURSABLE CHARGES
PROJECT EXPENSES
Prints,copies, photos, delivers, Cost + 15%
express delivery, miscellaneous..
Computer disks supplied to client $5.00/Each
Automobile .
$.25/Mile
Travel Cost + 15%.
airfare, car rental, lodging,. ._
meals, telephone, etc.
Travel Time' At hourly rates
Blue Prints (In-House) $1.00/Each
Paper Sepias (In-House) $5.00/Each
Final Computer Plots (In-House) • $18.00/Each
MICI-IAEL J. WILKUS .
APCI-IITECTS, INC.
14180 w oT 78T"STREET
EDEN PRAIRIE MINNESOTA
(612)449-0985 55.344 SCHDCHG.DOC,
(FAX)444-4047
YYYYyyyyyyyy r
J
tciindorm UUN 0 6 19966
March 7,1996
rev.June 1,1995
Mr.Jeffrey Rapp
Michael J.Wilkus Architects
14180 West 78th Street
Eden Prairie,Minnesota 55344
Re: Proposal for Engineering and Site Planning Services
Eden Prairie Municipal Liquor/Retail Development
Eden Prairie,Minnesota
Landform Proposal No.P6011
Dear Mr.Rapp:
We are pleased to submit this proposal for providing engineering and site planning services for the above
referenced project.
Landform Engineering Company considers this document a contract for the work described below. As such,
if there are any items which do not meet your needs, please let us know and we will make the necessary
adjustments.
A. SCOPE OF WORK
1. Site Investigation/Site Survey:
Landform Engineering Company will:
a) Through a subconsultant, prepare a Boundary and Topographic survey of the subject parcels
sufficient for use as a background for proposed submittal and construction documents. This will
include research and resolution of the property boundary.
b) Through a subconsultant,prepare a Geotechnical exploration and summary report for the above
described site.This will include three(3)borings placed in the proposed building pad,three(3)in
the proposed parking area, and one(1) in the vicinity of the proposed monument sign. A final
report including pavement and foundation recommendations will be provided.
Landform Engineering Company,905 Twelve Oaks Center,15500 Wayzata Blvd.,Wayzata,Minnesota 55391,(612)475-3272,Fax/Data(612)475.3159
Mr.Jeffrey M.Rapp Michael J.Wilkus Architects,Inc.
Page 2 March 7,1996
2. Design Development/City Submittal Documents:
Landform Engineering Company will:
a) Prepare a Existing Conditions Drawing based on the topographic survey
b) Meet with the City to research their specific requirements.
c) Accurately layout the proposed site based on the concept plan you provided, and the actual
boundary information prepared for this project.
d) Prepare a Preliminary Site Plan indicating proposed development overlaid on the existing
conditions. This plan will include dimensions of proposed buildings, drives, walks, and any
other surface site features,as well as an area and parking tabulation as required by the city.
e) Prepare a Preliminary Grading Drainage and Erosion Control Plan indicating existing and
proposed two(2)foot contour intervals,erosion control measures,and methods of collecting and
draining storm water. We will also prepare preliminary drainage and pipe sizing calculations
for municipal and watershed review.
f) Prepare a Preliminary Utility Plan showing sewer and water service to the proposed buildings,
and all required storm sewer for this project. Plans will be submitted the private utility services
for this project to coordinate service locations.
g) Coordinate with your Electrical Engineer for the placement and design of site lighting. These
locations and details will be included on our plans submitted to the city.
h) Through a subconsultant, prepare a Preliminary Landscape Plan based on city development
requirements.
i) Coordinate plan preparations and include in our submittal documents, the required floor plans
and exterior elevations.
j) Attend meetings with you and/or the City to review the plans,including the scheduled Planning
Commission,Park Board, and City Council hearings.
k) Revise the submitted documents to include staff comments and re-submit for council,DNR,and
watershed review.
3. Construction Documents
Landform Engineering Company will:
a) Prepare construction plans suitable for bidding and building the project based on the
preliminary plans. The plans will consist of Existing Conditions Plan, Site Plan, Grading,
Drainage and Erosion Control Plan, Utilities Plan,Landscape Plan, and associated details. Our
general specifications will be provided for your use.
b) Prepare plans using Best Management Practices which will meet the requirements of the
Minnesota Pollution Control Agency's (MPCA)National Pollution Discharge Elimination System
(NPDES)permit.
c) Meet with you to review and coordinate plans and specifications.
Landform Engineering Company,901 Twelve Oaks Center,15500 Wayzata Blvd.,Wayzata,Minnesota 55391,(612)475-3272,Fax/Data(612)475-3159
Mr.Jeffrey M.Rapp Michael J.Wilkus Architects,Inc.
Page 3 March 7,1996
4. Construction Management
Landform Engineering Company will:
a) Render Construction Document interpretations necessary for the proper execution or
progress of those portions of the work designed by Landform Engineering Company with
reasonable promptness.
b) Provide periodic observation of construction activities, to give the client a greater degree of
confidence that the work is being completed in conformance with the intent of the design
and the approved plans and specifications. This will be less than full time.
c) Verify field measured quantities for payment to the construction contractor,review requests
for payment.
d) Review the site upon completion of construction and prepare a "punch list" of items which
are incomplete or in non-conformance with the approved plans and specifications.
B. COMPENSATION
1. Fees
a) Compensation for services described in the Scope of Services above shall be as follows:
Site Investigation/Site Survey
Boundary and Topo $1,250.00
Soil Borings 1,750.00
Total SI $3,000.00
Design Development/City Submittal
Site Submittal Hourly NTE$3,000.00
Site Electrical Plan 500.00
Landscape Plan 750.00
Total DD $4,250.00
Construction Documents $3,000.00
Site Electrical 250.00
Landscape Plan 250.00
Total CD $3,500.00
Construction Management
Document interpretations $300.00
On-Site Construction Inspection hourly
NTE 600.00
Final Inspection/ Punch-list 500.00
Total CM $1,400.00
Total $12,125.00
Landform Engineering Company,901 Twelve Oaks Center,15500 Wayzata Blvd.,Wayzata,Minnesota 55391,(612)475-3272,Fax/Data(612)475-3159
ro
Mr.Jeffrey M.Rapp Michael J.Wilkus Architects,Inc.
Page 4 March 7,1996
b) The following hourly rates shall be used for the duration of this contract:
Engineer 80.00/hour
Designer 60.00/hour
Clerical 30.00/hour
c) Reimbursable expenses (plots, blueprints, mileage, delivery service, etc.) shall be billed above
and beyond the hourly fees quoted above at cost plus 15%.
d) Invoices will be sent once a,month based on the hours worked through the date of billing.
• e) Payment for work completed is due within 60 days of invoice.
C. CLOSURE
Only the services listed above in the Scope of Work are included in this proposal. If additional
services are required,they shall be provided in accordance with the hourly fee schedule listed above.
Revisions to plans which are required by you, the City, its consultants, the Watershed District, or
County, if it is not clearly demonstrated that the cause for change is an error or omission on
Landform Engineering Company's behalf,will be considered additional services.
Landform Engineering Company appreciates the opportunity to present this proposal to you. It is being
presented in duplicate in order that,if it is acceptable to you,one copy may be retained for your records and
one copy may be signed and returned to us as written authorization to proceed.
Sincerely,
LANDFORM ENGINEERING COMPANY
Lc,/
Darren B.Lazan
Vice-President
/DBL
ACCEPTANCE BY:
By Date
Michael J.Wilkus Architects,Inc.
Landform Engineering Company,901 Twelve Oaks Center,15500 Wayzata Blvd.,Wayzata,Minnesota 55391,(612)475-3272,Fax/Data(612)475-3159
//
03/08/96 10: 14 FAX 6127896397 � . .
•
o,
P
41
•
March8, 1996 Buildings
Consulting
for_ Jeff Rapp Group, Inc .
Michael J. Wilkus Architects, Inc. •
14180 West 78th Street, Suite 111 (612)78966%�Farz(612)7896397
Eden Prairie, MN 55344 2817 Anthony Lane S.,Suite 201
Minneapolis,MN 55418 USA
•
Subject: Proposal for Structural Engineering Services
Liquor/Retail Development Project
BCG Proposal No. P96039
Dear Mr. Wilkus:
Buildings Consulting Group, Inc. (BCG) is pleased to present this proposal for structural
engineering services and fee estimate for the Eden Prairie Uquor/Retail Development project. Our
service will include structural design services, and structural observations during construction.
PROJECT DESCRIPTION SCHEDULING
The project will consist of a single, one-story The proposed work can begin within 1 week of
structure about 11,000 square feet in area_ your authorization to proceed. The 90%
The building will be steel frame with exterior, complete draft of the design drawings and
load-bearing concrete masonry walls specifications will be presented to you in 3
supporting a metal roof deck. We were not weeks. The final construction documents will
given details of the site conditions, but have be completed within 2 days after you return
estimated the building foundation will concrete your feedback to us.
spread footings for interior columns and
continuous concrete footings for the perimeter PROJECT FEES
walls.
We will provide the above engineering
SCOPE OF ENGINEERING SERVICES services for an engineering fee of$5,950, plus
reimbursable expenses. Our engineering fee
We propose to perform the following structural for each phase of service is:
engineering services. Details of the services
proposed are shown on the attached sheets 1. Construction Documents $4,445
on page 3,which is entitled " Detailed Project
Scope". 2. Construction Phase services $ 850
1. Preparation of Construction Documents 3. Site visits during the Construction
phase $655
2. Construction Phase services
We will perform our services in accordance
with the attached "Exhibit A to Proposals,
General Conditions for Professional Services".
Additional services not included in the scope
/t
U3/06/90 10: 14 FAX 6127Y963Wi
Mr. Jeff Rapp •
Michael J. Wilkus Architects
March 8, 1996
Page 2
of engineering services presented in this
proposal will be billed to you according to the ACCEPTANCE:
attached fee schedule.
Please indicate your acceptance of this
We appreciate the opportunity to present our proposal by endorsing below and returning
engineering service to you on this project_ one copy of this proposal to us for our
Should you have any questions regarding this records:
proposal,feel free to contact me at 789-6696.
Sincerely, Client
•
Buildings onsul ' g oup, Inc_
/, Authorized Signature
Lduirs K Ho, P.E. Typed Name
Principal
Enc. Title
Date
ile/design_pro
Buildings Consulting Group, Inc_
03/08/96 10: 14 FAX 6127896397
Mr.Jeff Rapp
Michael J. Wilkus Architects O
March 8, 1996
Page 3 �`�
DETAILED PROJECT SCOPE
1. Preparation of Construction Documents B. Perform two site visits during the
construction to review the structural frame
A. Performing structural design and construction, when requested to do so by
calculations. the client Each site visit will be limited to
about 3 hours. We will prepare a written
B. Structural drawings will be prepared for site visit memorandum after each site
the structure. The drawings will be visit
completed according to the written drafting
standards furnished by the client 6. limitations_
C. We will prepare a Project Manual which The scope of our services will not include the
will be limited to the technical sections for following:
concrete, concrete masonry and structural
steel. A. During the construction administration
phase, preparing design and/or drawing
D. Upon completion of a 90% complete draft revisions.
of the design, we will submit it to you for
your review and comments. The drawings B. During construction, providing special
will then be finalized once we incorporate inspection or field observations, other
your comments. than making site visits as described in the
Construction Phase services.
E. We will furnish one set of reproducible
mylars, the drawings on a 3 IA"AutoCAD C. Attending construction progress meetings,
diskette. project closeout meetings, or providing an
11-month review of the project after
2. Construction Phase completion.
A_ All shop drawing submittals will be
reviewed and returned to the client
—END OF PROJECT SCOPE
Buildings Consulting Group, Inc.
• • ^ t — c=. I HU 1 E. = 36. E C I
;;,;7'u,� ENGINEERED CONCEPTS INC.
4 711 South Broadway
Rochester, MN 55904
ECI Companies 507-285-0316 FAX 285-1673
Stan Maass, P.E. •
0
0
March 7, 1996
Michael Wilkus Architects
14180 W 78th Street, Suite 11
Eden Prairie, MN 55344
SUBJECT: Liquor/Retail Development - Engineering fees
ATTENTION: Jeff
I propose to render professional engineering services in
connection with the mechanical and electrical engineering
for the proposed municipal 11, 000 S.F. liquor store and
retail space development building assuming only 2500 S .F. of
the total area will be finished under this contract . You
will furnish me with full information as to the
requirements, including any special services needed and also
will make available pertinent existing data.
My services will consist of preparing plans and
specifications suitable for bidding , code approval, and
construction for the plumbing, heating, ventilating,
cooling, lighting, and power circuiting design. You are to
furnish me with final approved floor plans on diskette using
AutoCad format suitable for drawing. You will also make the
required copies for bidding, code approval, etc . I will
provide minimal inspection at your request, but principally
the final inspection and report . Inspection will be billed
separately at $400 per inspection and two are recommended.
The fee for this service will be $5000 for the entire
building with no finishes and $2500 additional for the
complete design of the 2500 S.F. liquor store . Additional
or non-customary service will be extra on an hourly basis,
based on your approval to proceed. You will be billed on
the 25th of the month based on the proportion of work
completed, and payment is required in 30 days. A service
charge of 1% per month is required on overdue accounts.
CITY COUNCIL/STAFF WORKSHOP
TUESDAY, JUNE 25, 1996 7:00 PM, CITY CENTER
Heritage Room IV
COUNCILMEMBERS: Mayor Jean Harris, Patricia Pidcock,
Ronald Case, Ross Thorfinnson, Jr.,
and Nancy Tyra-Lukens
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
City Manager Chris Enger, HRA
Manager David Lindahl, and
Recording Secretary Barb Anderson
I. CALL MEETING TO ORDER
II. REVIEW OF LIVABLE COMMUNITIES ACTION PLAN
III. OTHER BUSINESS
IV. ADJOURNMENT
MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl Jullie, City Manager
FROM: David Lindahl, HRA Manager
DATE: June 20, 1996
SUBJECT: Draft Livable Communities Action Plan
All cities participating in the Livable Communities Program are expected to submit an action plan
to the Metro Council that describes how cities will meet their Livable Communities housing goals.
As you know, the Housing, Transportation, and Social Services Board (HTSSB) has prepared
twenty-two strategies to help the City meet its Livable Communities goals. These strategies, which
were approved by the City Council March 12, 1996, form the basis for the attached Action Plan for
the City of Eden Prairie. In addition to the strategies, the Action Plan includes all housing related
programs, initiatives, and demonstration projects the City is involved in, or that it might consider
participating in at some point in the future.
A draft of the Plan was recently submitted to the Metro Council for their comments and review.
Overall their staff was very satisfied with the document, with only a few minor suggestions for
changes. After the Plan is reviewed by the City Council at the June 25 workshop, it will be placed on
the next City Council meeting agenda which is scheduled for July 2, 1996.
The City has already made progress toward meeting its rental housing goals with approval of the 32
Columbine Townhouse development earlier this year. This project helped the City meet its annual
goal of 23 units for 1996. Other than the Pulte Townhouse proposal, which has not yet been
approved, no projects have been approved since March that meet the ownership housing goals.
iv le mmun ties ion,. r :.
for the
City •
of Eden Pir irie
It is the intent of the City of Eden Prairie "City" to make every reasonable effort to meet the
Metropolitan Livable Communities Act goals adopted by the Metropolitan Council "Council" January
14, 1996. The aim of the Livable Communities effort is to expand affordable housing opportunities
throughout the region, particularly in communities with high employmertncentrations like Eden
Prairie. The housing goals the City has agreed to pursue over;:the next fifteen;years correspond
favorably with the goals set forth in the City's Comprehensive Plan. However, unlike:the goals in the
Comprehensive Plan, which are very general, the Livable Communities goats set specific numeric
targets for the City to achieve by 2010. Because of this, the City's Housing, Transpor4tion,:and
Social Services Board (HTSSB) have prepared specific housing strategies designedto help the City
strive meet its Livable Communities goals. These strategies form the basis for the City's Livable
Communities Action Plan"Action Plan" . The dates of where the various City Boards, Commissions,
and City Council reviewed and adopted the strategies are listed:below:
Housing, Transportation, Social Services Board February 5,.1996
Planning Commission February26, 1996
Parks Commission March 4;<1996
Human Rights and Diversity Commission March 4, 1996
City Council March'l2 1996
The housing strategies address a number of the elements suggested in the Action Plan Content
Guide provided by the Council including the following:
• Implementation efforts
• A schedule for completing tasks
• Number of new units expected to be-constructed over the term of the program
• Income and demographic targets •
• List of f nan ing tools
Elements not addressedin the strategies but included in later sections of the Action Plan include: •
• Housing Assistance arid Development Programs
• Housing Maintenance/Rehabilitation programs
• Local Demonstration Programs or Special Initiatives
• Current and Future Low-Income Housing Proposals
AIN Other Financing Tools
• Examination of Local Official Controls other Financing Tools
Several letters and reports regarding Eden Prairie's housing initiatives have been submitted to
Council staff over last two years as part of an attempt to amend the City's Comprehensive Plan
to expanding'the Metropolitan Urban Service Area (MUSA). The Action Plan includes parts of letters
previously submitted to the Council.
Strategies for Meeting Livable Communities Goals
Each of the six Livable Communities housing goals the City has agreed to pursue and the related
strategies are listed below.
Goal•`#1
livable Communities
((ownership Housings w
Thirty percent of all new ownership housing units wilt have values less than$115,0a0 The'
City estimates an additional 5,25�0 ownership units to be developed by 2010, with 30 `
:::!...representing 1,575 total affordable units, or 105 per year, is
City Strategies:
a) All future residential housing proposals should be expected to participate in helping meet the
City's Livable Communities goals whenever possible When contacted by developers or land
owners considering submitting a residential project for City review, City staff (Community
Development) will explain to them the Livable Communities goals and strategies.
b) Encourage or recommend to developers of all future<ownership housing proposals to have
30% of its units for sale(initially) at aprice less than $115,000.:Consider allowing less than
30% affordable ownership housing on small "in-filly parcels that do not transition well from
single family neighborhoods.
c) Encourage residential developers>to consider providing more than 30% affordable ownership
housing when proposals are part of a large Planned Unit Development (PUD).
d) Offer;density bonuses>to developers to help them achieve a 30% affordable housing set
asid(.in;areas of.the Comprehensive Plannot already planned for multiple family.
e) Allow single-family attached housing (townhomes, condos, and doubles) to represent 30%
new ownership housing affordable under $115,000. Since the average new single family
home in Eden Prairie is valued at about $250,000, it is unlikely these affordable ownership
goals will be met'with new single family detached development.
f) •Consider using City financing where appropriate to help reduce housing costs to a level that
meets the goals:;for ownership housing. Current funding tools the City will consider using
include the following:
Tax Increment financing (TIF) - Future taxes generated from the increased value of an
improved property are used to write-down land costs and reduce rents.
...............
Community Development Block Grants (CDBG) - Bank CDBG funds and use them to write-
...................................
down the cost of land, utilities, or site improvements on affordable housing developments.
Local Housing Incentives Account (LHIA) - These funds should be available to all cities
participating in the Metropolitan Council Livable Communities Program. Cities can apply for
Livable Communities Action Plan 2
funds through this account for specific projects that meet Livable Communities objectives.
The Metro Council will match dollar for dollar each city's annual Affordable and Life Cycle
Housing Opportunities Account (ALHOA) contribution, which for Eden Prairie will be about
$125,000 in 1997.
Livable Communities Demonstration Account -Approximately$4.6 million in funding should
be available from the Metro Council in 1996 to communities participating in Livable
Communities with eligible projects. Projects generally must attempt to link housing with
transit, or create affordable housing near employment growth areas.
Housing and Redevelopment Authority(HRA) Levy - The City HRA is authorized by law to
levy a small tax if it chooses to do so for the purpose of performing certain housing and
redevelopment activities. The HRA currently does not.levy for u h a ivities.
g) Explore establishing a special housing fund that would be financed by developers that
choose to pay cash in lieu of providing housing'for Livable Communities It could be
structured in a manner similar to the cash park fee;the City charges developers+housing to
pay cash in lieu dedicating property for parks and open;;space. The housing funds would be
used to help developers meet Livable Communities goals. if special legislation is required
to establish such a housing fund, pursue it through the Metropolitan Council. This fee could
apply to developers of small parcels (5-10 acres),and to•all office:,::commercial, and industrial
projects.
h) Consider working with adjoining communities in meeting the Livable Communities ownership
housing goals. Communities that do not have land available for development may consider
funding a project in Eden Prairie and receiving edit toward meeting their Livable
Communities obligations.
Goal;#2 i
Livable Communities
(Rental Housing)
Three hundred fifty new affordable rental housing units should be constructed between:
1996 and;201(0.;which is about 23 units per year This represents 20%of the 1,750 total
new rental units expected to be built''over the>next fifteen years. Two hundred eighty of.
the350 affordable units should Ibe affordable to persons with incomes below$0e of
metro median,and'70 units should be affordable to persons with incomes below :50% €
metro median.
City Strategies:
a) Each new rental housing proposal should have 20% of its units affordable. The affordable
units will be'split with 80% affordable to families with incomes below 60% of area median,
and20%''affordable to persons with incomes below 50%. Every effort should be made to
scatter the affordable units throughout a development. These units should not be
concentrated in one building or single area of a site.
b) Support rental housing proposals with all units affordable under 50/60 percent of median
Livable Communities Action Plan 3
provided they do not exceed 32 units on any one site.
c) Encourage rental housing proposals that are 100% affordable on sites that meet the
following criteria:
• Close to commercial services, schools, parks, and public transit routes.
• Transitions well from existing neighborhoods.
• Good access to public streets.
• Safe and compatible land uses.
• Total units do not exceed 32 units
d) Encourage and support rental housing within all PUD proposals
e) Consider writing down land costs where appropriate on expensive sites tivorder to assist in
making these sites more feasible for developing affordable housing;::::
f) - Consider using any of the financing tools listed above where appropriate fo tielip reduce
housing costs to a level that meets Livable Communities goals for rental housing. --
g) Consider mixing rental housing into sites guidedon 1he,,City's Comprehensive Plan for
commercial, office, or industrial developments whenever and wherever possible. Community
Development staff will explore rental housing alternativet with developers and land owners
when they contact the City with development proposals.
h) Consider working with adjoining communities`in meeting_Livable Communities rental housing
goals. Communities that do not have land available for development may consider funding
a project in Eden Prairie and receiving credit toward meeting their Livable Communities
obligations.
Goal#3
Livable Coimunities
(Affordable$Life;Cycle Housing Opporturnities Amount)
To participate in the Livable Communiities program,the City must agree to spend a certaiin
amount of local funding to meet its Dousing goals This funding, referred to by the Metro
Council as the !Affordable and Life Cycle Housing Opportunities mount (ALHOA),=is
determine l by tree Metro'"Council. Eden Prairie;is expected to make its first contribution it
199T in an amount estimate!at 125,000.
City Strategies:
a) The City currently dedicates enough of its annual Community Development Block Grant
(CDBG) funds for housing related activities to meet its (ALHOA) obligations.
b) • If the City spends more that its minimal contribution in any given year, those funds can be
credited to the following years obligations.
Livable Communities Action Plan 4
G oal#�4
•
�v b
H ,s�:gMi
Tota'renta hotusi :' ::fIill v.
t l a m a fu t deve o m t
g 1 p en
City Strategy:
a) If the City meets its rental housing goals listed as goal #2 above, then;°'25% of its total
housing stock at the year 2010 will be rental housing.
..::...::::::.:..:.
•
.......:::::.::::::::::... .. .::.:.:... ... ..... ..........
...........::
. ..::.:. .... .............. .... . . . ........ ...... .....
.. ..... .....
:....::............. ............. ..... ...... ................
.::: .:..:.
.:.:.:....:: :...
p m�y h u irtg at ifull;develgpment'will repr�'s ::;f he:#: :�tY �:.::::::.: .::g.:
CityStrategy:
9Y:
a) In order to meet the ownership housing goals l ste ove as Goal #1, 30% of all future
housing will need to be multiple family"attached"housing:::_::::
If 30% of all future housing are multiple family ownership units, and an additional 20% are
rental units, then the City should expect to achieve a mix of 43% multiple and 57% single
family detached at full development.
•
Gb `#
a e.
9 n o• usi 'lien;it i� s
.::.:.:. ::;>: • •Y
rig ,u ,m densities in"new Sin le Fame '>detacheddeueto
east nt <units er ec ;,The avers a densit ;�n nevv Multi:.te Famil .attachsd::<>;>
P
velo meets will be at'l' •st`10>units er acre: >> ;::><:;<:<>::::><:>: :>::<::_::>::><::> <:_»:>:::>:::<::>::>: >:::>:: >::>:>:»:.
City Strategy: •
a The City will encourage all future single family detached housing proposals to be developed
at a density of 2 units per acre or greater, and multiple family proposals at 10 units per acre
or greater.
b) Twin home housing projects at low densities should be considered as single family, this will
bring single family and multiple family density averages up.
Livable Communities Action Plan 5
Housing Assistance/Development Programs
The City will consider participating in any housing assistance or development program that it is
eligible for and which will help meet its Livable Community goals. A list of the programs the City
participates in, or will consider participating, are listed below. Some of these programs are explained
in more detail in later sections of the Action Plan.
Federal Programs
Community Development Block Grant (CDBG) Program
Section 8 Project-based Housing (400 units)
Section 8 Vouchers/Certificates (55 through Metro HRA)
Section 212 elderly (62 units)
Public Housing The City does not own Public Housing units but may
consider a limited number of units if constructed as
part of a Tax Credit proposal and if owned by an
agency other than the City of Eden Prairie.
Minnesota Housing Finance Agency (MHFA) Programs
Minnesota Cities Participation Program The MCPP program was developed in 1991 by the
Minnesota Housing Finance Agency (MHFA). MHFA
designates funds to participating cities to provide low
interest financing to lower-income first-time home
buyers. The goal of the Program is to promote home
ownership to lower-income persons. About thirty
buyers have been assisted through this program in
Eden Prairie. The City expects to continue to help
between 10 and 15 first time buyers purchase home
in Eden Prairie every year.
Housing Revenue Bond Financing
Minnesota Fix Up Fund (rehab loans)
Low Income Housing Tax Credits
Attempts were made to utilize other MHFA programs as part of a 32-unit Tax Credit proposal
approved in Eden Prairie February 1996, but according to the developer of this project the
underwriting standards employed by MHFA make the programs difficult to use. In this particular case,
the developer was approved for the New Construction Tax Credit Mortgage and Low-Income Large
Family Rental Housing Financing>through MHFA. MHFA uses the same formulas to project net
operating expenses for:a proposed development whether it is a new project or a thirty-year old
apartment building. This process helps determine the amount of financing MHFA will provide for the
proposed Tax Credit proiect. In the case of the Eden Prairie proposal, the amount of financing the
development qualified for as a result of this underwriting process was very low and caused the
developer to pursue market rate financing at a higher interest rate in order to obtain a large enough
loan to cover the project costs. MHFA should review these policies to insure that their products are
usable for projects constructed in developing suburbs.
•
Livable Communities Action Plan 6
Metropolitan Council Programs
Local Housing Incentives Account - Eden Prairie expects to contribute about $127,000
toward Livable Communities in 1997. The City
committed $142,000 in CDBG funds and about
$650,000 in Tax Increment Funds in 1996 for
construction of 32 affordable rental townhouse units.
Livable Communities Demonstration - The City anticipates applying for these funds in late
1996 or 1997 to help finance affordable housing units
within a large mixed use development.
Metro HRA Section 8 Vouchers - The Metro HRA is providing 15 Vouchers to Eden
Prairie as part of a demonstration program called the
Housing, Opportunities, Partnerships, and
Employment Program (HOPE) (see local
demonstration programs).
Other Programs
Community Action for South Hennepin The City contracts with CASH to provide a suburban
tenants advocacy service called HOMELINE, and a
mortgage foreclosure program.
Senior Community Services SCS>provide a home repair and chore service to
seniors Call the Household and Outside Maintenance
for Elderly Program.
Community Home Program The City approved a 6-unit adult foster-care home
project for low income persons. The development
should be completed in 1996.
HOPE Program (See Local Demonstrations)
Housing Maintenance/Rehabilitation Programs
The Housing Rehabilitation Program provides loans up to $15,000 to lower-income homeowners for
major home repairs. Program goals include improving and preserving the City's aging housing stock,
and helping keep residents in their homes. About fifty units have been improved since the Program
began in 1980. This Program is funded through the Community Development Block Grant Program
and utilizes about $80,000 per year of a total CDBG allocation of about $180,000.
Household and Outside Maintenance for Elderly (HOME), this program provides chore and
maintenance services to seniors sixty and older who live in Eden Prairie. Recipients pay for services
on a sliding fee scale basis. Contributions to the cost of services are based on clients ability to pay.
The primary goal of this Program is to help elderly home owners maintain independence by
remaining in their homes. Senior Community Services Agency of Hopkins administers this program.
The City has been funding this Program since 1985 and will continue to assist about thirty
Livable Communities Action Plan 7
households per year.
Community Development Block Grant Program (CDBG):
The City has participated in the Urban Hennepin County CDBG Program since 1975. As evidenced
by some of the programs outlined above, the City has and will continue to dedicate a substantial
portion of its total CDBG allocation to housing related activities. About 60% of all CDBG funds
received since 1975 were expended on housing activities. This does not include funds expended on
the HOME Program,which is considered a public service activity. The table below shows the various
categories of activities funded through CDBG since 1975:
Total Percent of Total
Activity; Funding '=
Assisted Housing `$584,159 $2.9%
Housing Rehab $485,138
Public Facilities $292,443 16.5%
.........................:..
.............................
..............................
...............................
...... ........................
...... ........................
...... ........................
Public Service $283,233 15.9%
Handicap Access $79,666 4.5%
Planning/Administration $4.7,088 2.7%
Neighborhood Revitalization $4956 0.3%
Totals $1776,683 100.0%
•
Local Demonstration Programs or Special Initiatives
Housing, Opportunities.>Partnerships and Emplovment (HOPE) Program
Eden Prairie has been examining ways to develop more rental housing for very low-income families,
while providing opportunities forfamilies to achieve self sufficiency. The shortage of housing in this
market is evidenced by waiting fists of five or more years at project-based Section 8 developments
in Eden Prairie. The HOPE Program was designed to provide housing and at the same time provide
education and training, family support, and employment opportunities to very low-income families.
The HOPE program,is a cooperative effort between the City, the Metro HRA, Hennepin Technical
College of Richfield, Family to Family Ties, and Prairie Meadows and Briarhill apartment
developments in i!Eden Prairie. The goal of the program is to provide very low-income housing in
Eden'Praine on'a scattered basis, while also helping families work toward self-sufficiency primarily
through"education and training. Section 8 Vouchers allow families within existing Section 8
developments the opportunity to integrate into market units on a scattered-site basis while working
toward self-sufficiency. They also allow families to live in market-rate housing of their choice without
Livable Communities Action Plan 8
the stigma often connected with living in housing"projects."This, in turn, will make available vacated
project-based units for other low-income families and individuals on Section 8 waiting lists
The program involves providing 15 Section 8 housing vouchers (provided by Metro HRA) to tenants
residing at Briarhill and Prairie Meadows. As a condition of receiving housing vouchers, families will
participate in a five-year Family Self-Sufficiency (FSS) Program offered through the Metropolitan
Council HRA. The purpose of the FSS Program is to help families work toward self-sufficiency
through education, training, and obtaining living wage jobs. The FSS component involves assigning
case managers to the participants, assessing their educational needs, and developing a plan for
achieving self sufficiency. The participants will be expected to complete the training necessary to
qualify them for living wage jobs. Case management services are provided through Hennepin
Technical College (HTC) in Richfield for those participants eligible for STRIDE and JPTA Programs.
The City has contracted with Family to Family Ties to provide overall case management to all HOPE
participants. Episcopal Community Services also is coordinating the family mentoring component
of the Program, which involves finding and training local volunteers (City residents) as mentor
families and matching them with participating families.
Housing, Transportation, Social Services Board (HTSSB):
An advisory Board called the Housing, Transportation, and Social Services Board (HTSSB) was
formed by the City Council in 1994 to explore ways to develop more affordable housing in Eden
Prairie while improving linkages to transportation and social services. Specific tasks of the HTSSB
include:
• HTSSB developed the Eden Prairie HOPE demonstration program.
• Develop policies that facilitate affordable housing developments.
• Integrate the planning of affordable housing projects with a human service perspective.
• Expand family self-sufficiency opportunities to lower income residents.
• Explore ways to link jobs with housing.
The HTSSB also will explore ways to create more moderate-cost "starter" housing in Eden Prairie.
Although Eden Prairie has approved more than 500 moderate-cost townhouse units over the past
two years, the Board will attempt to facilitate the development of more moderate-cost single family
units. This can be achieved f in ;;part by allowing higher densities, platting smaller lots, and
encouraging creative subdivision patterns. The Board will help coordinate bringing together
developers, builders, and land owners interested in developing affordable housing projects.
Owners of large tracts of residential land outside the urban service area have shown an interest in
helping the City meet its Livable Communities obligations. However, few parcels are left for
residential development within the City's current urban service area. Opportunities for developing
new low or moderate cost housing in Eden Prairie are limited without expanding the MUSA as
proposed.
Special Needs Housing
A Six-unit duplex development for low-income adults effected by serious neurological conditions was
approved by the City in 1994. The Community Home Program, a nonprofit agency, is the developer.
...........................;............
The City contributed $17,000 in Community Development Block Grant (CDBG) funds to help offset
land costs. The Minneapolis Community Development Agency is providing the financing through
revenue bond sales.
Livable Communities Action Plan 9
Eden Prairie also has two single family group homes for developmentally disabled adults that are
owned and operated by the State of Minnesota Department of Health. The homes were built on tax
forfeited property. Several other privately financed Group Homes for disabled residents exist in the
City in scattered locations.
Cluster Planning:
The City will explore using the "cluster planning" approach to expand affordable housing
opportunities in this area. City staff has discussed this concept with staff at the cities of Minnetonka
and Bloomington. Cluster planning appears to have some advantages in terms of pooling resources
between"clusters"of communities to address common issues. In practice, however, it will be difficult
to implement as various issues surface about how resources are allocated between communities.
There seems to be some agreement between these cities that a more effective and immediate way
to provide affordable housing is for the Metro HRA to expand its authority to own and manage
housing in partnership with cities. Two tools available to cities for housing development that require
or that provide more benefit from public ownership are Essential Function Bond Financing, and Low-
Income Housing Tax Credits.
On March 10, 1995, a meeting was held between the cities of Eden Prairie, Minnetonka, and
Bloomington, the Dakota County HRA, and the Metro Council represented by its Chair, Curt Johnson,
and staff Chuck Ballentine. The purpose of the meeting was to introduce the idea of the Metro HRA
taking a more active role in developing affordable housing in the suburbs. The Dakota HRA has been
very successful in using the above-mentioned tools to develop, own, and manage affordable housing
developments in partnership with various communities in their County. These programs were
presented to the Metro Council by Dakota County staff at this meeting.
Comments from Curt Johnson suggest the Metro Council is reluctant to increase its involvement in
owning housing, but indicated these ideas will continue to be discussed. The City of Eden Prairie
suggested that if the Metro Council expands its authority to require cities to meet regional housing
goals that they provide the tools needed to achieve these goals. The Dakota County model is a good
example of what Metro HRA could do to help communities like Eden Prairie develop affordable
housing.
Section 8 Voucher Initiative:
In an effort to insure that more rental housing projects accept Section 8 Vouchers in Eden Prairie,
the City now requires that any apartment or rental townhouse development seeking Housing
Revenue Bonds or any other type of City financing agree in writing to designate up to 10% of their
total units for persons using Section 8 Vouchers. Owners of existing projects seeking approval from
the City to refinance Housing Revenue Bonds will be obligated to the same terms. This should help
reverse the growing trend of apartment owners choosing to opt out of the Section 8 program
completely. However, the reason most often cited by property owners for opting out of the Program
is the Federal take one take all requirement, which in some cases leads to market developments
converting to 100%Section 8. This requirement is essentially creating greater concentrations of poor
in certain communities,which is contrary to recent policies adopted by HUD, the City of Minneapolis,
and the Metro Council.
Livable Communities Action Plan 10
Current and Future Low-Income Housing Proposals:
The City is working with a development partnership between the Cornerstone Group and Real Estate
Equities on a 32-unit townhouse development affordable to low-income families. This project, which
was approved in February 1996,will serve as a prototype for future housing projects in Eden Prairie
in terms of site selection and financing arrangement. The City has identified various rental housing
sites that have good proximity to commercial services, schools, parks, transit routes, and other
natural amenities, and also transition well from single family neighborhoods. This information is
shared with developers seeking sites for affordable housing projects. Because these sites are often
guided for commercial related uses, the land costs are substantially higher than typical residential
sites. The City must therefore consider writing-down the land costs for these projects in order for
them to work financially.
Cornerstones' proposal involves various forms of public financing including:
1. Low-Income Housing Tax Credits (MHFA)
2. Tax Increment Financing (City of Eden Prairie)
3.. CDBG funding
The development is designed for families with individual entrances to primarily three and four
bedroom units, tuck-under garages, and play lots for children. The rents will be affordable to families
with incomes at or below 50%of median for the metro area. City policy requires all affordable rental
housing developments be 50 units or less per site to avoid concentration issues. Guidelines for this
policy were modeled after a similar policy developed and implemented by the Dakota County HRA.
Several other developers also are seeking sites for similar housing projects. A MUSA expansion into
southwest Eden Prairie will provide opportunities for integrating affordable rental and ownership
housing into large PUD's at more reasonable land prices and with less public subsidy.
Another approach supported by the City is to have 10-15% of all units within existing rental housing
developments be affordable to very low-income families and integrated throughout each site. The
challenge is finding ways subsidize rents enough to make them affordable to this market. Section
8 Project and Tenant-Based rental assistance is available on a limited basis through the Metro HRA.
Eden Prairie is wilting to accept additional Section 8 Vouchers through the proposed settlement of
the housing discrimination law suit between Metro HRA and Legal Aid Society. Our primary goal with
respect to this form of housing is to insure a linkage to a self-sufficiency effort.
Other financing Tools
The Section 8 Rental Housing Assistance Program is administered by the Metro HRA for the City
of Eden Prairie. This is a tenant-based Program where eligible tenants receive subsidies directly
from the HRA through the issuance of Section 8 Certificates and Vouchers. This allows holders of
Certificates and Vouchers to live in market-rate apartment buildings by having part of their rent paid
through the Program. Certificate and Voucher holders pay 30% of their income toward rent with the
balance paid by the Metro HRA. Thirty-six units are currently rented to persons with Certificates or
Vouchers in Eden Prairie.
The City HRA is continually examining ways to develop additional low-income rental housing and
Livable Communities Action Plan 11
starter single family attached/detached housing in Eden Prairie. Some development methods and
financing tools being considered to facilitate these projects, include: Tax Increment Financing-
Interest Rate Reduction programs, land acquisition/write-downs, Housing Revenue Bond financing,
Low-Income Housing Tax Credits, Essential Function Bonds, MHFA Below Market Mortgage
programs, allowing higher densities, and promoting creative subdivision design.
Eden Prairie Center Tax Increment Financing District
The City Council has granted preliminary approval to a TIF Redevelopment District to help finance
the renovation of the Eden Prairie Center. The TIF district is also expected to generate about
$400,000 annually in funds dedicated for housing purposes. These funds, which will generate about
$4,000,000 total over ten years, may be used to implement a rental subsidy program within existing
apartment developments. A program is being discussed where up to 10% of the units in any one
apartment development would be eligible for rental write-downs to help make the units affordable
to persons with incomes below 60% of the median income for the metro area. The details of this
program will be worked over the next six months.
Examination of Local Controls
Review Process:
The Community Development staff reviews its development review process on a yearly basis,
making changes where necessary and appropriate. A land development application booklet has
been used for the last ten years which the City believes results in a fair, efficient, and user-friendly
process. The land development application contains a list of all meeting dates, a flow chart and
written narrative explaining the review process in "laymen's terms" and includes a list of all of the
technical information required for a project review. It also includes the City's Livable Communities
Goals and Strategies so that all developers know what is expected of them in terms of helping Eden
Prairie's meet its housing obligations.
The City's Development Review Committee (represented by all City Departments) meets on a weekly
basis to review development proposals. Developers are notified one week after an application
regarding a need for information and/or plan changes. Projects that involve multiple requests such
as Guide Plan changes, Planned Unit Developments, Rezoning, Site Plan Review, and Preliminary
Plats are processed simultaneously. Holding neighborhood meetings prior to Planning Commission
and City Council review, and working with City staff to resolve development issues prior to the public
hearing process helps ensure;that projects can be reviewed within a 60-day time frame.
Livable Communities Action Plan 12
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, June 30, 1996 7:00 P.M. CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Patricia
Pidcock, Ronald Case, Ross
Thorfinnson,Jr., and Nancy Tyra-
Lukens
CITY COUNCIL STAFF: City Manager Carl J. Juffie,
Assistant City Manager Chris
Enger, City Attorney Roger Pauly,
Director of Public Work Gene
Dietz, City Engineer Alan Gray,
and Council Recorder Barbara
Anderson
PLEDGE OF ALLEGIANCE
ROLL CALL
I. PURPOSE/RULES OF ORDER
H. MnDOT - WHY ARE TOLL ROADS BEING CONSIDERED
M. PUBLIC COMMENTS
IV. SUMMATION/NEXT STEP
V. ADJOURNMENT