HomeMy WebLinkAboutCity Council - 01/16/1990 AGENDA •
EDEN PRAIRIE CITY CDUNCIL
TUESDAY, JANUARY 16, 1990 CITY HALL COUNCIL CHAMBERS, 7:30 PM
7600 Executive Drive
COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock and Douglas
Tenpas
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Finance Director
John D. Frane, Director of Planning Chris
Enger, Director of Parks, Recreation b
Natural Resources Robert Lambert, Director
of Public Works Gene Dietz, and Recording
Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATION BY GAIL LEIPOLD, CHAIR OF THE HUMAN RIGHTS b SERVICES COMMISSION
REGARDING MARTINHER KING, R.-EVENT
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Regular City Council Meeting held Tuesday, December lg, 1989 Page 55
B. Regular City Council Meeting held Tuesday, January 2L 1990 Page 70
III CONSENT CALENDAR
A. Clerk's License List Page 78
B. 2nd Reading of Ordinance No. 1-90, Amending Chapter 1� Zoning Page 80 -
Regulations and Adoption of Resolution No. 90-18, Authorizing
Summary for Publication
C. Authorize appointment of Strgar-Roscoe-Fausch, Inc. for assistance Page 81
with preparation of plans and specifications for the detached
frontage road east of Dell Road and south of TH I.C.. 52-177
D. Approve conveyance of Outlot LI, Bluffs East 4th Addition ty Eden Page 84
Prairie to Audrae Diestler
E. Approval of the Assignment of Credit Instruments on the Tanager Page 87
Creek Housing Revenue Bonds from Midwest Federal SSA to Midwest
avings Association, F.A.
F. Community Center Surveys Page 90
G. Staring Lake Amphitheater Rental Policy Page 98
City Council Agenda - 2 - Tues.,January 16, 1990
H. Agreement with Goodwill/Easter Seals for Recycling Services Page 103
I. Amendments to Joint Powers Agreement for Southwest Metro Transit Page 106
(Resolution No. 90-1Tj—
J. Authorization for Disposal of Tax Forfeited Lands (Resolution Page 113
No. 90-16)
K. Termination of Use Agreement between WAFTA and Minnesota Gas Page 125
Company
L. Receive Feasibility Study and Set Public Hearing for Utility Page 145
and Street Impprovements to Mitchell Road from Boulder Pointe
Road tAH 13 I.C.. 52-T56 Resolution No. 90-14)
IV. PUBLIC HEARINGS
A. JAMESTOWN PLANNED UNIT DEVELOPMENT by Tandem Properties. Request Page 146
for Comprehensive Guide Plan Amendment from Low Density Residential
to Neighborhood Commercial on 5.59 acres and from Low Density
Residential to Medium Density Residential on 12.16 acres, Planned
Unit Development Concept Review on 60.79 acres, Planned Unit
Development District on 60.78 acres with waivers, Site Plan
Review and Zoning District Change from Rural and R1-22 to RM-6.5
on 12.16 acres, Zoning District Change from Rural to R1-22 on 37.65
acres, Preliminary Plat of 60.79 acres into 17 townhouse lots, 60
single family lots, 2 outlots and road right-of-way, Environmental
Assessment Worksheet Review on 60.79 acres. City initiated
Comprehensive Guide Plan Amendment for relocation of the
Metropolitan Urban Service Area (MUSA) line to include an
additional 7 acres of property for a mixed use development to be
known as Jamestown. Location: South of Highway #5, east of West
184th Avenue.
B. FARBER ADOITION by Roger Farber. Request for Zoning District Page 147
Change from Rural to R1-22 on 3.7 acres with variances for road
frontage to be reviewed by the Board of Appeals. Preliminary Plat
of 7.6 acres into 3 single family lots, and one outlot. Location:
6525 Rowland Road. (Ordinance No. 2-90 - Rezoning; Resolution No. -
90-17 - Preliminary Plat)
C. SUBDIVISION OF PROPERTY AT 1300E GERARD DRIVE Page 160
D. VACATION NO. 90-01 OF DRAINAGE AND UTILITY EASEMENTS WITHIN LOT I, Page 172
BLOCK 1 CHASE POINT Resolution No. 90-I3)
V. PAYMENT OF CLAIMS Page 173
VI. ORDINANCES & RESOLUTIONS
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Prairie Lutheran Church - Request for extension of time limit to Page 181
corm with exterior material standards
B. Receive Petition for Extension of Beverly Drive in Section 29 Page 186
and Order Feasibility Study, I. 52-186
City Council Agenda - 3 - Tues.,January 16, 1990
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Councilmembers
B. Report of City Manager
1. Reschedule date and time for interviewing candidates for
boards/commissions
C. Report of City Attorney
D. Report of Director of Planning
E. Director of Parks, Recreation & Natural Resources
F. Report of Director of Public Works
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
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EDEN PRAIRIE CITY COUNCIL
UNAPPROVED MINUTES
TUESDAY, DECEMBER 19, 1989 7:30 PM CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock, and
Douglas Tenpas
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Director of
Planning Chris Enger, Director of
Parks, Recreation & Natural Resources
Robert Lambert, Director of Public
Works Eugene A. Dietz, and Recording
Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL: All Members Present
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION:
Pidcock moved, seconded by Anderson to approve the Agenda as
published and amended.
ADDITIONS:
ADD Presentation by Hennepin County Commissioner, Randy
Johnson. ADD Item X.A.1, Set Date for Special Meeting
regarding the Landfill. ADD Item X.A.2, Earth Week.
DELETE:
DELETE Item III.L from the Consent Calendar.
Motion to approve the Agenda carried unanimously.
Commissioner Johnson presented the City of Eden Prairie a
check for $43,500.00 for its recycling containers. Johnson
complimented Eden Prairie for its aggressive efforts toward
recycling.
Mayor Peterson thanked Commissioner Johnson for his leadership
in recycling and environmental concerns.
II. MINUTES
I
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City Council Minutes 2 December 19, 1989
A. Regular City Council meeting held Tuesday. June 20, 1989
MOTION:
Harris moved, seconded by Anderson to approve the Minutes
of the regular City Council meeting held Tuesday, June 20,
1989 as published and amended.
CORRECTIONS:
Page 7, Paragraph 5, Sentence 4, should read: for the
conditions on the Land Alteration Permit.
Motion carried 4-0-1. Pidcock abstained.
B. Special City Council meeting held Thursday, November 30.
1989
MOTION:
Harris moved, seconded by Pidcock to approve the Minutes
of the Special City Council meeting held Thursday,
November 30, 1989 as published and amended.
CORRECTIONS:
Page 4, Paragraph 1, Sentence 2, should read: has to pay
for the development
Motion carried unanimously.
C. Regular City Council meeting held Tuesday. December 5,
1989
MOTION:
Pidcock moved, seconded by Harris to approve the Minutes -
of the Regular City Council meeting held Tuesday, December
5, 1989 as published. Motion carried unanimously.
III. CONSENT CALENDAR
A. Clerk's License List
B. 1989 Report from the Waste Management Commission
C. Household Battery Removal and Disposal Report from Waste
Management Commission
D. MOORHEAD ADDITION by Transtar, Inc. Second Reading of
Ordinance No. 42-89, Zoning District Change from R1-22 to
R1-13.5 on 1.77 acres with variances to be reviewed by the
Board of Appeals; Approval of Developer's Agreement for
Moorhead Addition; and adoption of Resolution No. 89-255,
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City Council Minutes 3 December 19, 1989
( authorizing summary of Ordinance No. 42-89 and ordering
publication of said summary. Preliminary Plat of 1.77
acres into 4 single family lots, 2 outlots, and road
right-of-way. Location: 9969 Bennett Place (Ordinance
No. 42-89 - Rezoning; Resolution No. 89-255 - Authorizing
Summary and Publication)
E. Final Plat Approval for Moorhead Addition (located east of
Bennett Place and south of Blossom Road) Resolution No.
89-253
F. Request from Hockey Association regarding Proceeds from
Concessions
G. Cooperative Agreement with Watershed District for Study of
Impact on Staring Lake Park of Revising Flood Storage
Capacity
H. Authorizing Mayor and City Manager to Convey City Property
to Scenic Heights Investment in Conjunction with the Red
Rock Shores Subdivision (Resolution No. 89-263)
I. Approving Process for Abating a Dangerous Condition at
8600 & 8640 Grier Lane
J. Agreement with the Metropolitan Council to Acquire Lot on
Wallace Road
K. Request for Speed Study for CSAH 1 (Resolution No. 89-264)
L. Staring Lake Park Amphitheater Rental Policy (REMOVED
FROM THE AGENDA)
MOTION:
Anderson moved, seconded by Harris to approve Items A
through K on the Consent Calendar, with Item L removed.
ITEM F
Lambert reported that this item had been approved by the
Parks, Recreation & Natural Resources Commission at its
meeting December 18, 1989. He added that the recommended
action was approval for this year only and denial in
future years.
ITEM H
Pidcock asked for clarification on this item and the
purpose. Dietz replied that this was part of the Red Rock
Shores subdivision approval for the transfer of property
by Harry Rogers and Red Rock Shores.
City Council Minutes 4 December 19, 1989
ITEM I
Pauly noted that the caption on the order should be
extended to list as defendants, K.T. Construction, Inc., a
Minnesota Corporation and Neutgens Excavating, and Lampert
Lumber Company, a Minnesota Corporation.
Motion to approve the Consent Calendar carried
unanimously.
IV. PUBLIC HEARINGS
A. PUBLIC STORAGE by Public Storage, Inc. Request for Guide
Plan Change from Low Density Residential to Office on 1.09
acres and from Low Density Residential to Neighborhood
Commercial on 1.09 acres and from Low Density Residential
to Industrial on 3.10 acres, Zoning District Amendment
from Rural to Office on 1.09 acres, and from Rural to
Neighborhood Commercial on 1.09 acres and from Rural to I-
2 on 3.10 acres with variances to be reviewed by the Board
of Appeals, Preliminary Plat of 5.28 acres into 3 lots and
road right-of-way, Site Plan Review on 5.28 acres for
construction of 54,137 square feet of office, commercial,
and industrial land uses. Location: West of County Road
18, south of the Preserve Village Mall. (Resolution No.
89-260 - Comprehensive Guide Plan Change; Ordinance No.
46-89 - Rezoning; Resolution No. 89-261 - Preliminary
Plat) Continued Public Hearing from November 7, 1989)
City Manager Jullie reported that the proponent had
requested a continuance to the February 6, 1990 City
Council meeting.
MOTION:
Anderson moved, seconded by Pidcock to continue this item
to the February 6, 1990 City Council meeting. Motion
carried unanimously.
B. ALPINE CENTER by Lariat Companies. Request for Planned
Unit Development District Review on approximately 18
acres, Zoning District Change from Office to C-Reg-Ser and
Site Plan Review on 3.56 acres for construction of a
29,700 square foot retail center. Location: Northeast
corner of Prairie Center Drive and Commonwealth Drive.
(Ordinance No. 47-89-PUD-10-89 - PUD District Review and
Zoning) Continued Public Hearing from November 21, 1989
Enger reported that the proponent had requested that the
item be tabled. The proponent would be making changes to
the plan and returning to the Planning Commission.
J G�
City Council Minutes 5 December 19, 1989
MOTION:
Pidcock moved, seconded by Harris to return the Item to
the Proponent without prejudice as requested. Motion
carried unanimously.
C. COUNTRY GLEN 2ND ADDITION by Coffman Development. Request
for Zoning District Change from Rural to R1-13.5 on 6.7
acres, Preliminary Plat of 6.7 acres into 14 single family
lots and road right-of-way. Location: East of Duck Lake
Road, west of Claycross Way and Country Road. (Ordinance
No. 48-59 - Rezoning; Resolution No. 89-262 - Preliminary
Plat)
Jullie reported that notice of this public hearing had
been mailed to owners of 65 surrounding properties and
published in the December 6, 1989 issue of the Eden
Prairie News.
Ron Bastyr, representing the proponent, presented the
plans for 14 lots with 1 existing home on 6.7 acres. The
project was located to the west of the previously approved
Country Glenn 1st Addition. Two streets were proposed to
connect with Duck Lake Road.
Enger reported that the Planning Commission had reviewed
this item at its November 27, 1989 meeting and had
recommended approval with a 6-0-0 vote subject tot he
recommendations outlined in the November 24, 1989 Staff
Report.
There were no comments from the audience.
MOTION:
Anderson moved, seconded by Pidcock to close the Public
Hearing and approve 1st Reading of Ordinance No. 48-89 for -
Rezoning. Motion carried unanimously.
MOTION:
Anderson moved, seconded by Pidcock to adopt Resolution
No. 89-262 approving the Preliminary Plat and to direct
Staff to prepare a Development Agreement incorporating
Commission and Staff recommendations. Motion carried
unanimously.
D. PROPOSED 1990 GENERAL FUND BUDGET AND TAX LEVY (Resolution
No. 89-265) Continued from November 30, 1989
Mayor Peterson thanked the City Manager and Staff for
there through responses to the Council's requests for
additional information.
City Council Minutes 6 December 19, 1989
Tenpas favored Option 2 related to the mileage allowance
for the Assistant City Manager. Tenpas believed that if
necessary this could be changed at a later time.
Anderson asked if the budget would be reduced if the
intern would start July 1, 1990. Jullie replied that the
budgeted amount would then be cut in half.
Harris asked if this was proposed as a three-month
internship to coincide with the summer break and at what
level of education the intern would be. Jullie replied
that the intern would probably be either a junior or
senior in college.
ASSESSING DEPARTMENT
Pidcock asked if 7 assessor and 2 clerks were necessary.
Jullie replied this represented the present Staff.
Pidcock then commented that at this level Eden Prairie had
more Staff than Bloomington and noted that the growth rate
in Eden Prairie should not be as great as in previous
years. Jullie replied that last year Bloomington assessed
80 new homes compared to 400 new homes assessed in Eden
Prairie.
Pidcock asked why a new home would be difficult to assess.
Pidcock believed that the building permit should reflect
the approximate value of the home. Jullie replied that
Eden Prairie had many custom homes which were unique and
difficult to assess.
Peterson asked City Assessor Steve Sinell what the time
difference was between assessing a new home and doing a
reassessment. Sinell replied that a reassessment would
take approximately 3 hours, which a new home would take
between 4 to 6 hours. Sinell added that with a new
assessment there was time involved in setting up files for -
future reference and because there is very little known
about the home prior to the assessment it would take
longer to collect the information. Sinell noted that the
average home in Eden Prairie was valued at approximately
$200,000.
Tenpas asked if it would be possible to eliminate 1
position and add overtime hours and the addition of the
computer. Sinell replied that more time was needed to
spend on appeals, and on valuing commercial and apartment
buildings. Tenpas then asked when additional Staff would
be needed. Sinell replied at least 1 additional person
would be necessary by 1991 because the City would be
required to take over part of the County Assessor's
duties. Sinell noted that during 1990 time would be
needed for training to be able to accept these duties.
City Council Minutes 7 December 19, 1989
Tenpas stated that based on Staff's response to the
questions he recommended Option 3.
Peterson commented that he was not attempting to make
further cuts in the budget. Peterson believed that the
Council needed to stay away from a management role and
stay within a policy decision role. Peterson said that he
was impressed with the work that Staff had done preparing
for this year's budget.
Tenpas believed that the Council was responsible for
making sure that management was doing its job and to be
sure that the City is managed properly.
Pidcock stated that she favored Option #3 regarding the
City Assessor budget.
Anderson was concerned that the Council might be making
cuts in the budget without fully knowing the effect it
would have on the services provided for the residents.
Anderson believed that the Council needed to accept the
budget on the basis of what the City Manager and Staff had
documented. Anderson noted that the Council would also
needed to take a careful look at the cost of legal
services for the year.
SAFETY
Tenpas asked what expenses would be different related to
Safety between 1989 and 1990. Director Kevin Schmieg
replied that a new safety program and a safety committee
were being initiated this year to try to reduce the amount
of time lost from injury.
PARK PLANNING
Tenpas asked if it would be possible to only have one park
planner and still keep caught up on the work. Lambert
replied no.
Anderson asked what would be lost if the second park
planner were not provided. Lambert replied that the
second park planner works on "as built" park plans and
does some of the small design projects. Lambert added
that the work of the first park planner would be slowed
down somewhat to handle the smaller projects and the "as
built" park plans project would stop completely. Lambert
stated that he would support the 6-month plan.
PARK CAPITAL OUTLAY
Tenpas asked if the three new bike trails had all been
petitioned. Lambert replied that the trail on Eden
Prairie Road was a petitioned project, the budget for the
City Council Minutes 8 December 19, 1989
trail on County Road 1 was not exactly known at this time,
and if there were funds available for a third trail it
would be the trail by Prairie View School.
Tenpas recommended that the turn lanes at Flying Cloud
fields be delayed and all 3 trails constructed. Lambert
replied that there was a traffic problem at the Flying
Cloud fields for short periods of time during the spring
and fall and that when possible a police officer was
provided to help direct the traffic. Lambert added that
the Metropolitan Airports Commission had indicated to the
City that it would have long term use of the ballfields at
Flying Cloud field.
Anderson believed there was a traffic problem at the
Flying Cloud fields.
Tenpas asked how the provision of a left turn lane would
eliminate the traffic problem. Lambert replied that the
major volume of traffic was coming from the east and that
at times cars are backed up for 2 to 3 blocks. Lambert
noted that some parents were letting their children out in
the traffic or passing on the shoulder. Police Chief Wall
stated that the situation was hazardous at the Flying
Cloud fields. Lambert stated that during the last season
Staff had tried to stagger the soccer and softball
schedules, which appeared to help.
Anderson was concerned that with the development of the
southwest area of the City and the increased traffic on
County Road 1, it was important to make the road safer.
Tenpas questioned why the City had to pay to upgrade a
County road. Dietz replied that the County considered the
need for turn lanes as being project-related and,
therefore, the responsibility of the City. Tenpas then
asked when the turn lanes would be constructed. Dietz
replied that the turn lanes would be completed by Fall
1990.
Peterson asked what was not allocated in Option 2 that was
part of Option 3. Jullie replied that the bike trails for
Option 3 should be $50,000.
ENVIRONMENTAL RESOURCES
Tenpas noted that only one part-time tree inspector had
been hired in 1989 and asked if this would not be adequate
for 1990. Lambert replied that the inspections of private
property were not done at the same level as in the past.
Lambert added that he would be comfortable with only one
part-time person because of the stabilizing number of
Dutch Elm trees; however, a rise in Oak Wilt disease was
being seen. Tenpas asked if the Oak Wilt disease would be
City Council Minutes 9 December 19, 1989
as devastating as Dutch Elm disease. Lambert replied that
the disease was transferred through the root system of the
trees and whole areas could be destroyed.
Anderson stated that he was concerned about the potential
loss of oak trees and believed that preventive measures
should be taken to help reduce the loss. Lambert replied
that two inspectors would be needed next year to cover
inspections properly.
Peterson asked Lambert to explain the $5,000 difference
between Option 2 and Option 3. Lambert replied the $5,000
was the cost of the second inspector.
Harris believed that a $5,000 investment would be worth
the amount of trees which could be saved.
RECREATIONAL ADMINISTRATION & SPECIAL EVENTS
Pidcock asked Lambert why it cost $11,000 to provide
programs that generated $10,000 in revenue. Lambert
replied that not all the programs offered met their costs.
ORGANIZED ATHLETICS
Tenpas asked if consideration had been given to increasing
fees for organized athletic programs. Lambert replied
that Eden Prairie was in the middle-range for fees
compared with other Metropolitan cities. Tenpas then
asked if fees were increased every year. Lambert replied
that fees were not increased every year. Lambert added
that a justification for an increase needed to be
substantiated.
Anderson asked if an increase could be substantiated by a
cost-of-living raise. Lambert replied yes.
Peterson asked Lambert how Eden Prairie's facilities
compared with the other communities. Lambert replied that
the Round Lake facilities were excellent and the other
fields were mid-range compared to other cities facilities.
Lambert added that each team paid an extra $65.00 to
provide the lighting at Round Lake fields.
Pidcock believed that adult sports should pay their own
way and that only children's sports should be subsidized
by the City.
Pidcock asked why the concession stand did not pay its own
way. Lambert replied that possibly the hours of operation
needed to be reduced to operate only at peak hours.
Pidcock then asked why the concession stand could not be
rented out to a private organization to run. Lambert
replied that the concession stand had originally been
C3
City Council Minutes 10 December 19, 1989
constructed to provide a service. Lambert added that the
City could request bids from private vendors to operate
the facility.
Tenpas asked what the deficit was for the concession
stand. Lambert replied approximately $1,000. Tenpas
asked if prices could be increased to at least cover the
cost of operations.
Anderson asked Lambert to check with the City of
Bloomington to see how it was working out to have
concession stands to be operated by private vendors.
Tenpas recommended that the possibility of renting out
both the concession stand at the Community Center and at
Round Lake be considered.
FINANCE
Tenpas asked why the consideration of hiring a purchasing
clerk had been removed. Director of Finance Frane replied
that an analysis of the purchasing function had been done
in other communities and several misconceptions regarding
what a purchasing clerk actually would be responsible for
were found. Frane added that controls had been put into
affect to assure that adequate shopping and price
comparisons were done.
Tenpas questioned if the City was making its
specifications to restrictive, especially when a capital
expenditure was being approved.
Anderson noted that the hiring of a purchasing clerk had
been a recommendation of the auditors for the last 2
years.
Pidcock believed that the position should not have been
removed from the budget because it had been endorsed by
the auditors. Pidcock believed that it would be more cost
effective to have a purchasing clerk take comparative bids
for supplies, etc.
Harris asked how this was handled by cities of comparable
size. Jullie replied that it was necessary for the
department heads to be involved in the specification
writing process and the smaller items would be handled by
existing Staff. Jullie recommended that the newly-
implemented procedures be given time to see if
improvements were made.
Tenpas stated that his main concern was with the larger
purchases. He believed that how specifications were
written could be limiting the number of bids obtained.
Jullie replied that if specifications were written which
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City Council Minutes 11 December 19, 1989
locked out bidders, the City would hear from the companies
which were unable to bid. Jullie added that much
equipment was highly specialized.
Tenpas suggested that an industrial engineer be hired by
the City to analysis if the City was operating
efficiently. Tenpas believed that a third opinion could
be helpful. Pidcock noted that she had also recommended
this in previous years. Tenpas believed that use of an
industrial engineer should be considered and the issue of
hiring a purchasing agent should be reconsidered.
CIVIL DEFENSE
Tenpas asked how many civil defense sirens would be
provided when the system was complete. Wall replied that
the City currently had 10 sirens in place and a total of
13 would complete the system. Tenpas then asked if there
were any areas of the city which could not hear the
sirens. Wall replied no.
ENGINEERING
Tenpas asked if any problem would be created for Staff if
Option 2 were recommended. Dietz replied that the entire
budget had not been spent in 1989. Dietz said that
{ authorizing funds for an engineering consultant was not
critical; however, this would not be the best management
technique.
Peterson asked Dietz if it would be cost-effective if the
engineering consultant were eliminated. Dietz replied
that the purpose was to try to control overtime costs.
Dietz noted that the main overtime expense was necessary
to prepare for the special assessments. Dietz believed
that there would be no change in service with Option 2 or
Option 3.
GENERAL SHARED SERVICES
Tenpas recommended Option 3. Tenpas recommended that the
legal expenses for the landfill litigation be taken out of
the General Fund balance.
Peterson stated that a specific amount should be agreed
upon.
Tenpas was concerned because an accounting of the General
Fund had not been provided. Tenpas believed that the
public had a right to know these figures. •
Jullie asked Tenpas if he was recommending an increase in
the tax levy rate. Tenpas replied that he was suggesting
City Council Minutes 12 December 19, 1989
that the funds for the legal expenses come from the
General Fund surplus.
Harris concurred that a specific amount needed to be
established and that if additional funds were necessary
that the City Manager needed to return to the City
Council.
Anderson asked Jullie what amount he would recommend be
budgeted for the landfill litigation. Jullie replied that
an estimate of $500,000 to $600,000 had been provided by
the City Attorney's office; however, a better estimate
would be available after the preliminary hearing on
January 23, 1990.
Tenpas believed that the expense should be part of the
budget. Tenpas recommended an amount of $550,000 be
budgeted.
Pauly stated that he had indicated a range between
$500,000 and $600,000; however, he had hoped to have the
opportunity to discuss the strategy further.
Jullie noted that all the legal expenses for the landfill
litigation had been kept separate.
Harris recommended a budget of $700,000 for legal
services, $525,000 of which would be for services related
to landfill litigation.
Peterson stated that he would not support this expenditure
unless more information was presented.
PUBLIC INFORMATION
Jullie noted that the figure for this line item should
read $63,000.
MOTION:
Harris moved, seconded by Anderson to close the public
hearing and adopt Resolution No. 89-265 certifying the
final tax levy and to approve OPTION 3 with the previously
discussed changes for the 1990 Budget.
Tenpas asked what the public improvement overhead revenue
would be for 1990. Frane replied that it would be
$250,000. Tenpas then asked why this amount was
decreasing. Frane replied there were fewer public
improvement projects. Tenpas asked if the figure was
current at this time. Frane replied yes. Jullie
commented that the City would need to use part of the
General Fund balance to make up for the reduced revenue.
City Council Minutes 13 December 19, 1989
Tenpas asked where the money would come from for a new
city hall and additional park land. Tenpas believed that
a industrial engineer could provide direction for Staff.
Harris asked Tenpas if he were not prepared to vote unless
an industrial engineer were considered and the money
appropriated for the legal expenses for the litigation for
the landfill. Harris believed that the recommendation for
the consideration of an industrial engineer should be
discussed at a strategic planning meeting. Harris also
believed that it was important to remember that the City
was a public operation and not the same as a private
business when considering the need for an industrial
engineer.
Tenpas noted that with the legal expenses considered as
part of the budget the figure would be approximately
$13,800,000. Jullie stated that this would represent a
14% to 15% increase in the budget for 1990.
Tenpas asked what the General Fund balance amount should
be. Harris replied that she would be comfortable with
$1,000,000. Pidcock concurred. Harris believed that this
would also be a subject to be discussed further at the
strategic planning meeting.
Tenpas stated that he was concerned with a 14% to 15%
increase.
Anderson was concerned about making provision for a new
city hall and acquiring park land for the city. Anderson
added that these items had been discussed for over 2 years
and nothing had been done.
Peterson stated that he understood the concern about a 14%
to 15% increase in the budget; however, the increase in
the City's population should be considered.
Tenpas believed that the process could be better.
Peterson noted that more meetings and more time on the
part of Staff and the Council had been spent on this
budget than in previous years.
Harris asked if the budget could be amended after this
meeting if additional legal fees were needed. Jullie
replied that what was actually being determined tonight
was the tax levy. He added that actual changes in the
budget could be made at a later time if necessary.
Tenpas stated that he was comfortable with the levy rate.
Motion carried 4-0-1. Tenpas abstained.
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City Council Minutes 14 December 19, 1989
f V. PAYMENT OF CLAIMS
h MOTION:
Harris moved, seconded by Anderson to approve Payment of
Claims No. 56138 to No. 56458. ROLL CALL VOTE: Anderson,
Harris, Pidcock, Tenpas, and Peterson all voting "AYE".
VI. ORDINANCES & RESOLUTIONS
VII. PETITIONS. REOUESTS & COMMUNICATIONS
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS
A. Reports of Councilmembers
1. Set Special Meeting Regarding Landfill
Pidcock asked when a meeting could be scheduled to discuss
the strategy for the landfill litigation. Pauly replied
that a prehearing conference would be held on January 23,
1990 and it would be helpful to have a direction from the
City Council prior to that meeting.
The Council set a closed meeting for December 28, 1989 at
11:00 AM.
2. Earth Week
Anderson noted that the week of April 21-28, 1990 had been
designated as Earth Week and recommended that the City of
Eden Prairie plan special events during this time.
Peterson noted that Earth Week could be part of the
Celebrate Minnesota activities.
B. Report of City Manager
1. Negotiator for City Hall
Jullie reported that 4 proposals had been received and
reviewed by Staff. Jullie recommended Bud Andrus from the
Andrus Agency. He believed this proposal to be the most
cost effective.
MOTION:
Pidcock moved, seconded by Harris to approve the Staff
recommendation of Bud Andrus for the City Hall negotiator.
City Council Minutes 15 December 19, 1989
Tenpas asked what exactly would be done by the negotiator.
Jullie replied that the negotiator would present to the
Council realistic proposals, prepare comparative figures,
and recommend terms of sale. Tenpas stated that he did
not want to see the City go to this expense if the money
was not available to go through with the project.
Peterson believed that the Council and the community were
committed to proceeding with this project.
Tenpas asked what the estimated cost would be. Jullie
replied approximately $15,000 and $20,000. Tenpas then
asked if all the proposals were based on hourly rates.
Jullie replied yes. Jullie added that 6 to 7 sites would
be reviewed and the upper estimated cost would be $15,000.
•
Anderson noted that this recommendation had been made over
3 years ago.
Motion carried 4-1-0. Tenpas voted "NO".
C. Report of City Attorney
D. Report of Director of Planning
E. Director of Parks. Recreation & Natural Resources
F. Report of Director of Public Works
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION:
Anderson moved, seco not want to see the City go to this e j
was not available tnded by Pidcock to adjourn the meeting
10:10 PM. Motion carried unanimously.
3
1
a.
I
EDEN PRAIRIE CITY COUNCIL
UNAPPROVED MINUTES
JANUARY 2, 1990 7:30 PM CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock, and
Douglas Tenpas
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Director of
Planning Chris Enger, Director of
Parks, Recreation & Natural Resources
Robert Lambert, Director of Public
Works Eugene A. Dietz, and Recording
Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Peterson absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION:
Harris moved, seconded by Pidcock to approve the Agenda as
published and amended.
MOVE:
Remove Item B from the Consent Calendar and take action
immediately following the approval of the Agenda. Remove Item
C from the Consent Calendar and move to Item VI.A. Remove
Item H from the Consent Calendar and move to Item VI.B.
Motion carried unanimously.
Assistant City Manager Craig Dawson read the Resolution of
Appreciation for Fire Chief Ron Johnson and presented a copy
to Fire Chief Ron Johnson.
Councilmember Anderson commended Fire Chief Johnson for his
years of service and especially for his organizational skills
demonstrated during the 1987 flood.
II. MINUTES
III. CONSENT CALENDAR
A. Clerk's License List
City Council Minutes 2 January 2, 1990
B. Resolution of Appreciation for Fire Chief Ron Johnson
(Resolution No. 90-09) (REMOVED FROM THE CONSENT CALENDAR
TO IMMEDIATELY FOLLOW APPROVAL OF THE AGENDA)
C. Resolution No. 90-01. Designating the Official City
Newspaper (MOVED TO ITEM VI.A)
D. Resolution No. 90-02. Authorizing City Officials to
Transact Banking Business
E. Resolution No. 90-03. Authorizing Use of Facsimile
Signatures by Public Officials
F. Resolution No. 90-04. Designating Depositories
G. Resolution No. 90-05. Authorizing the Treasurer to Invest
City of Eden Prairie Funds
H. Resolution No. 09-08. Regulating Fees and Charges for
Business License Permits and Municipal Services (MOVED TO
ITEM VI,B)
I. Proposed Settlement on Staring Lake Amphitheater
J. Priority System for Trails
K. Proclamation for Martin Luther King. Jr. Day (Resolution
No. 90-10)
MOTION:
Tenpas moved, seconded by Pidcock to approve the Consent
Calendar as amended with the removal of Items B, C, and H.
Motion carried unanimously.
IV. PUBLIC HEARINGS
A. AMENDMENTS TO CHAPTER 11. ZONING REGULATIONS (Ordinance
No. 1-90)
Jullie reported that notice of this Public hearing had
been published in the December 20, 1989 issue of the EDen
Prairie News.
Enger reported a brief history of the rationale for the
recommended changes. He added that this was a
housekeeping item which would be done annually.
Pauly noted that a revised copy had been presented to the
City Council this evening.
There were no comments from the audience.
/
'7
•
City Council Minutes 3 January 2, 1990
MOTION:
Pidcock moved, Seconded by Tenpas to close the Public
Hearing and approve 1st Reading of Ordinance No. 1-90.
Motion carried unanimously.
V. PAYMENT OF CLAIMS
MOTION:
Pidcock moved, seconded by Tenpas to approve Payment of Claims
No. 56459 to No. 56829. ROLL CALL VOTE: Harris, Pidcock,
Tenpas, and Anderson all voting "AYE".
VI. ORDINANCES & RESOLUTIONS
A. Resolution No. 90-01. Designating the Official City
Newspaper
Anderson believed that because the difference in cost and
the size of print used by the two local weekly newspapers
this item should have further discussion. Anderson added
that he was in favor of the City saving money; however, he
was also concerned about the extent and methods of
distribution.
Pidcock asked where the distribution figures had been
obtained. Jullie replied that both newspapers had been
contacted to provide this information.
Anderson asked Mark Weber from the Eden Prairie News if
businesses were included in the distribution figure.
Weber replied that only the businesses which requested
that a paper be delivered or those which advertised in the
paper.
Anderson asked Betsy Dick from the Eden Prairie Sailor to
clarify its distribution figure. Dick replied that
distribution should be throughout the entire City. She
added that distribution had been increased by 1600 during
1989.
Pidcock asked Dick if she had seen the figures provided to
the City. Dick replied no. She added that the paper was
delivered to the homes by carriers and knew that not every
house always received a newspaper each week.
Pidcock believed that because the Eden Prairie News was
mailed and not delivered by carriers the distribution was
more reliable.
Tenpas stated that he enjoyed both newspapers and the
different perspective on the issues presented. Tenpas
%)O
City Council Minutes 4 January 2, 1990
concurred that the fact that the .Eden Prairie News was
mailed was an important factor for reliability.
Harris concurred that mailing was important when trying to
communicate with the residents.
Anderson stated that if there were equal reliability in
distribution he would consider a change.
Harris complimented the Eden Prairie Sailor for its
excellent coverage.
MOTION:
Pidcock moved, seconded by Harris to adopt Resolution No.
90-01, Designating the Eden Prairie News as the Official
City Newspaper for 1990. Motion carried unanimously.
B. Resolution No. 09-08, Regulating Fees and Charges for
Business License Permits and Municipal Services
Jullie noted that the resolution should be amended to
change Item 2.37 to $760 per residential unit and $2,690
per acre for non-residential development, based on the
rationale presented in the memorandum dated November 14,
1989 and as reviewed by the Parks, Recreation & Natural
Resources Commission.
Pidcock asked if a 3% increase in costs had occurred
during the year. Jullie replied that land prices had
increased along with the cost to improve park lands.
Lambert reported that based on information from other
cities the request was reasonable.
Tenpas asked if the amount could be increased more.
Lambert replied that these figures would still be below
Plymouth, but were relatively high compared to some of the
other metropolitan area cities.
Pidcock noted that by increasing the Cash Park Fee that
the price of housing in Eden Prairie would also increase.
Lambert stated that based on Council direction in the past
the fees were to increase at a gradual rate rather than a
large increase. Lambert added that he believed the
estimated increases to be conservative.
Anderson asked if increases had occurred every year.
Lambert replied that small increases had occurred every
year for the last 4 years. Anderson then asked how the
increase was calculated. Pauly replied that the City Code
provided for 10% of the value of the land, which had been
based on a Bloomington ordinance. Pauly added that the
(7 2
City Council Minutes 5 January 2, 1990
Supreme Court had ruled that the 10% figure was
reasonable. Anderson then asked if the 10% was based on
raw land costs. Pauly replied yes.
Lambert stated that because the City sometimes took land
in lieu of park fees, it was important to be consistent
with the formula used.
Tenpas stated that even though he did not like to see fees
increase, it was necessary due to the limited amount of
land available and the cost of that land.
Anderson believed that as land values increased it was
appropriate to increase the fees.
MOTION:
Harris moved, seconded by Tenpas to adopt as amended
Resolution No. 90-08, Regulating Fees and Charges for
Business License Permits and Municipal Services. Motion
carried unanimously.
VII. PETITIONS, REOUESTS & COMMUNICATIONS
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
A. Resolution No. 90-06, Designating the Official Meeting
Dates, Time and Place for the City of Eden Prairie Council
in 1990 and appointing the Acting Mayor
MOTION:
Pidcock moved, seconded by Harris to adopt Resolution No.
90-06, setting the Official meeting of the City Council on
the 1st and 3rd Tuesdays of the month at 7:30 PM in the
Council Chamber of the City Offices.
Tenpas recommended that the meetings start earlier.
Pidcock and Harris both replied that they could not be
present earlier.
Anderson stated that he would like to have the meetings
end by 11:00 PM.
Harris believed that it was important to look at running
the meetings more efficiently.
Anderson believed that the number of times each individual
was allowed to speak could be limited.
+qq+#
9
1��J
City Council Minutes 6 January 2, 1990
kHarris recommended that if the Councilmembers had
questions about specific issues that they discuss these
with Staff prior to the Council meeting.
Anderson recommended that ways to streamline the meetings
be discussed at the strategic planning meeting.
Motion carried unanimously.
B. Resolution No. 90-07. Designating a Director and Alternate
Director of the Suburban rate Authority for 1990
Anderson recommended Councilmember Tenpas to fill the
Alternate position because of the financial nature of this
position.
MOTION:
Harris moved, seconded by Pidcock to appoint Finance
Director John Frane as Director and Councilmember Tenpas
as Alternate Director during 1990 for the Suburban Rate
Authority. Motion carried unanimously.
C. Association of Metropolitan Municipalities - Appointment
of 1 Representative and 4 Alternates
MOTION:
Pidcock moved, seconded by Harris to appoint Mayor
Peterson as the representative to the Association of
Metropolitan Municipalities and Councilmembers Anderson,
Harris, Pidcock, and Tenpas as alternates. Motion carried
unanimously.
D. Appointment of 2 Members to the South Hennepin Human
Services Council for two-year terms commencing February 1.
1990 (1 Council Representative and 1 City Representative) -
Tenpas asked Harris if she would be interested in serving
again on the South Hennepin Human Services Council.
Harris replied yes. Harris commented that because of the
programs being cut she did not know how many more years
the South Hennepin Human Services Council would be needed.
MOTION:
Tenpas moved, seconded by Pidcock to appoint Director of
Human Resources and Services Natalie Swaggert and
Councilmember Harris as representatives to the South
Hennepin Human Services Council. Motion carried
unanimously.
/1i
City Council Minutes 7 January 2, 1990
E. Appointment of City Attorney for 1990
MOTION:
Tenpas moved, seconded by Harris to appoint Roger Pauly
and the firm of Lang, Pauly, and Gragerson, LTD as the
City Attorney for 1990. Motion carried unanimously.
Pidcock commended City Attorney Pauly for his service to
the City.
F. Appointment of City Auditors for 1989 Calendar Year
MOTION:
Pidcock moved, seconded by Harris to appoint the firm of
Fox, McCue, and Murphy as the City Auditors for the 1989
calendar year. Motion carried unanimously.
X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS
A. Reports of Councilmembers
1. Earth Week
Anderson recommended that the week of April 21 through
April 28 be established as Earth Week in Eden Prairie.
MOTION:
Pidcock moved, seconded by Harris to designate the Week of
April 21 through the 28th as Earth Week in Eden Prairie.
Motion carried unanimously.
B. Report of City Manager
1. Set Tuesday, February 13, 1990, 6:00 PM as Date to
Interview Candidates for Boards and Commissions
MOTION:
Pidcock moved, seconded by Tenpas to set Tuesday, February
27, 1990 at 6:00 PM to interview the candidates for Board
and Commission positions. Motion carried unanimously.
i
2. Set dates for Strategic Planning '
MOTION:
Tenpas moved, seconded by Pidcock to set January 24, 1990
at 6:00 PM for the Strategic Planning Session. Motion
carried unanimously.
City Council Minutes 8 January 2, 1990
3. $et Board of Review meeting for Thursday. April 19.
1990. 7:00 PM and Reconvene Date for Tuesday. May 8,
1990
MOTION:
Tenpas moved, seconded by Pidcock to set Thursday, April
19, 1990 at 7:00 PM and May 8, 1990 for the meeting of the
Eden Prairie Board of Review. Motion carried unanimously.
C. Report of City Attorney
City Attorney Pauly requested at closed meeting to discuss
the litigation on the landfill issue.
D. Report of Director of Planning
E. Director of Parks. Recreation & Natural Resources
F. Report of Director of Public Works
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
MOTION:
Tenpas moved, seconded by Harris to adjourn the meeting to a
closed session at 8:27 PM. Motion carried unanimously.
The executive session, in which matters relating to the City's
litigation regarding the proposed expansion of the Flying
Cloud Sanitary Landfill, adjourned at 10:17 PM.
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
January 16, 1990
CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING
Adolphson & Peterson, Inc. Avoles Plumbers
B.A.C., Inc. Clark's Eden Prairie Plumbing
Christenson Building Corp. Crosstown Plumbing, Inc.
Construction 70, Inc. D. C. Mechanical
Design 1 of Edina Dal by Plumbing
J & K Remodeling Elander Plumbing
D. J. Kranz Co., Inc. Figner Plumbing Company
Lumber One, Avon, Inc. G R Mechanical
Northwestern Mutual Life Wm. L. Gadtke Plumbing, Inc.
Stiglich Construction, Inc. Harris Mechanical Contracting
Hokanson Plumbing
CONTRACTOR (1 & 2 FAMILY) Hopkins Plumbing & Heating Co.
Jerry's Plumbing
Anthony Construction Randy Lane & Sons Plumbing & Heating
Metropolitan Mechanical Contractors
Bruce Bren Monies, Inc. Nova Frost
Burgess Construction, Inc. Pokorny Company
Terry Elfering Construction R C Plumbing
Felsenberg Construction Richfield Plumbing Co.
Freund Construction, Inc. Schulties Plumbing, Inc.
Giertsen Company State Mechanical, Inc.
Harvey Homes, Inc. Solberg Plumbing
Heritage Builders Swanson & Schiager Plumbing
Hirsch Builders Welter & Blaylock, Inc.
J. Nagengast Westonka Plumbing & Heating, Inc.
Reus-Bottema Construction Williams Mechanical Contractors, Inc.
RJS Concrete, Inc.
Jon Rohs Construction GAS FITTER
Sawhorse, Inc.
Stenbeck Builders Bethke's Plumbing & Heating
Steiner & Koppelman, Inc. Elander Plumbing
T & J Improvements Harris Mechanical Contracting
J. Paul Sterns Company Hokanson Plumbing
Tyrol Builders, Inc.
Varley Construction, Inc. M & D Plumbing & Heating, Inc.
Westar Development, Inc. Metropolitan Mechanical Contractors
Worry Free Home Repair Richfield Plumbing Co.
Zachman Brothers Construction Rouse Mechanical, Inc.
Schulties Plumbing, Inc.
UTILITY INSTALLER
Sedgwick Heating & Air Conditioning Co.
Southside Heating & Air Conditioning
State Mechanical, Inc. Standard Heating & Air Conditioning
Fred Vogt and Company
WELL GRILLING
WELL Welter & Blaylock, Inc.
Westonka Plumbing & Heating, Inc.
Hartmann Well Company Williams Mechanical Contractors, Inc.
CLERK'S LICENSE APPLICATION LIST
page two
HEATING & VENTILATING TYPE C FOOD
Air Corp., Inc. Mark's Amoco
Bethke's Plumbing & Heating Superamerica 114269
Golden Valley Heating & Air Conditioning Superamerica N4159
Hopkins Plumbing & Heating Co.
Metropolitan Mechanical Contractors 3.2 BEER ON SALE
Narkie Heating & Air Conditioning, Inc.
Riccar Heating & Air Conditioning Maxim's Chinese Cuisine, Inc.
Rouse Meachnical, Inc.
SBS Mechanical, Inc. 3.2 BEER OFF SALE
Sedgwick Heating & Air Conditioning
Snelling Mechanical, Inc. Superamerica N4159
Southside Heating & Air Conditioning Superamerica #4269
South-town Refrigeration, Inc.
Standard Heating & Air Conditioning REFUSE HAULER
Sunburst Heating & Air Conditioning
Fred Vogt and Company Aagard Sanitation
MECHANICAL GAMES Quality Waste Control
Randy's Sanitation, Inc.
Woodlake Sanitary Service, Inc.
American Amusement Arcades
CIGARETTES PEDDLER
Thomas Paul Brisk (Firewood)
American Amusement Arcades Tim Hayes (Firewood)
Mark's Amoco
Superamerica #4269
Superamerica N4159
These licenses have been approved by the department heads responsible for
the licensed activity.
r)
,4
Pat Solie
Licensing
9
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #90-18
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE #1-90 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance #1-90 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 16th day of
January, 1990;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance #1-90, which is attached
hereto, is approved, and the City Council finds that said text clearly
informs the public of the intent and effect of said ordinance.
B. That said text shall be published once in the Eden Prairie News in
a body type no smaller than non-pareil, or six-point type, as defined in
Minnesota Statute, Section 331.07.
C. That a printed copy of the Ordinance shall be made available for
inspection by any person during regular office hours at the office of the
City Clerk and a copy of the entire text of the ORdinance shall be posted in
the City Hall.
D. That Ordinance #1-90 shall be recorded in the ordinance book, along
with proof of publication required by paragraph B herein, within 20 days
after publication.
ADOPTED by the City Council on January 16, 1990.
J '
ATTEST: Gary D. Peterson, Mayor
John D. Frane, City Clerk
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE #1-90
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE
CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING), AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This Ordinance allows for amendment of Chapter 11 of the City
Code by: 1) by amending the definition of "yard-front;" 2) amending the
district title abbreviations in the one-family Residential District to read
R1-44 and R1-22; 3) by amending district title Commercial District C-Comm to
read Community Commercial C-Comm; 4) by amending the district standards to
require 55 ft. frontage on cul-de-sacs for R1-22 and R1-44 districts; 5) by
amending off-street parking facilities aisle width to 16 feet for 50 degree
parking angle; 6) by adding RM-2.5 under K. Arcitectural Standards, 3.; 7)
by adding a new 5. rock face under K. Architectural Standards, 3.; 8) by
amending items C and D Subd. 2. Permitted Uses in the Rural District; 9) by
amending the provision regarding illuminated signs; 10) by amending the
provision limiting 12 inches between double-faced signs; and 11) by providing
for the use of temporary help wanted signs; and adopting by reference City
Code Chapter 1 and Section 11.99 which, among other things, contain penalty
provisions.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane, City Clerk /s/Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of 1990.
{
(A full copy of the text of this Ordinance is available from the City Clerk.)
(
Z. - MEMORANDUM -
TO: Mayor Peterson and Council Members
THROUGH: Carl Jullie, City Manager
FROM: Alan 0. Gray, P.E., City Engineer c%j/
DATE: January 11, 1990 /
RE: I.C. 52-177 Detached Frontage Road South of TH 5 at Dell Road
On October 17, 1989, the City Council approved Resolution No. 89-222 ordering
plans :and specifications for the construction of a detached frontage road
oft Resolution s89-222eandoofharmemoftoTHCouncil5 andedatedlOctober112, 1989 contain-
ing background for the project is attached.
Significant progress in preparation of plans and specifications for this
project has been delayed due to the lack of detailed centerline alignment for
the detached frontage road through developments proposed by Tandem and U.S.
Homes. The detailed centerline and alignment have just been prepared by the
developers and submitted to the City.
As documented in the memo of October 12, 1989, MnDOT will be participating in
the cost of the detached frontage road. This project must proceed to Spring
construction in order to provide alternative access for properties directly
abe djacent to Mitchell Lake and south of TH 5 whose current access to TH 5 will
for interrupted
prepare highway
cooperativem In order to provide adequate time
construction agreement, detailed plans
should be submitted to MnDOT by February 28, 1990.
Resolution 89-222 did not designate a consultant to assist with preparation
of plans and specifications. Staff recommends the appointment of Strgar-
Roscoe-Fausch, Inc. to assist the City Engineer with preparation of plans and
specifications for I.C. 52-177. The assistance of a consultant will provide
sufficient manpower to produce plans and specifications, on schedule to
accommodate TH 5 improvements this Spring.
ADG:ssa
Dsk#15-52-177
C77
- MEMORANDUM -
TO:
Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
FROM: Alan D. Gray, P.E.
City Engineer
DATE: October 12, 1989
RE: Detached Frontage Road South of TH 5 at Dell Road
The purpose of this memo is to provide background information for Resolution
No. 89-222 which authorizes preparation of plans and specifications for a
detached frontage road with utilities south of TH 5 and east of Dell Road and
Resolution No. 89-223 requesting MnDOT to consider early construction of the
previously referenced detached frontage road.
The approved layout plan for TH 5 includes a detached frontage road extending
easterly from Dell Road along the south side of TH 5 to provide access to
three existing homes along the west shore of Mitchell Lake southerly of TH 5.
These three homes now take direct access to TH 5 via a shared driveway
extending north along the west side of Mitchell Lake.
This
will be terminated as part of the improvements to TH 5 scheduledeWto a begin
construction in April of 199D. (A reduced copy of the layout plan showing the
detached frontage road is attached to this memo.)
The properties through which the proposed detached frontage road would be
constructed are owned by Tandem Properties and M-R/US HOT. Both properties
are currently the subject of development proposals. A residential collector
street facility extending through both properties is proposed on the
approximate alignment of the detached frontage road as shown on the TH 5
layout plan. MnDOT has agreed to participate in the construction cost for a
residential collector street facility in an amount equivalent to the
estimated construction cost for the detached frontage road facility proposed
in the approved layout plan. This is most easily accomplished by entering
into a cooperative construction agreement with the City of Eden Prairie.
Based on the petition from the property owners, the City will design and
construct the collector road facility with utilities. Through a cooperative
construction agreement, MnDOT will reimburse the City a portion of the cost
equivalent to the proposed detached frontage road construction. The
additional cost incurred by the City to upgrade the frontage road to
collector street facility with utilities will be assessed to the abutting
benefited a
parties.
Resolution No. 89-222 directs the preparation of plans and specifications for
the proposed facility in accordance with MSA 420.031, Subdivision 3 and
Resolution No. 89-223 requests MnOOT's participation in project costs through
a Cooperative Construction Agreement.
ADG:ssa
•
\ n
,f t
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-222
RESOLUTION RECEIVING 100% PETITION,
ORDERING IMPROVEMENTS & PREPARATION
OF PLANS AND SPECIFICATIONS TOGETHER
WITH AN ASSESSMENT AGREEMENT FOR
I.C. 52-177
BE IT RESOLVED by the Eden Prairie City Council:
1: The owners of 100% of the real property abutting upon and to be
benefitted from the proposed improvements have petitioned the City
Council to construct said improvements and to assess the entire
cost against their property.
2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the
City Engineer, said improvements are hereby ordered and the City
Engineer shall prepare plans and specifications for said
improvements in accordance with City Standards and advertise for
bids thereon.
3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby
directed to publish a copy of this resolution once in the official
newspaper, and further a contract for construction of said improve-
ments shall not be approved by the City Council prior to 30 days
following publication of this Resolution in the City's official
newspaper.
ADOPTEO by the City Council of the City of Eden Prairie on October 17, 1989.
Gary . eter n, hayor
ATTEST: SEAL
n e7 Frane, Clerk
f3
- MEMORANDUM -
TO: Mayor Peterson and Council Members
THROUGH: Carl Jullie, City Manager
FROM: Alan D. Gray, P.E., City Engineer C O ,
DATE: January 11, 1990
RE: Outlot H, Bluffs East 4th Addition
Attached to this memo is a letter dated May 5, 1987 from Mr. Michael D.
Franzen, Senior Planner, to Mr. Joseph A. Christensen, attorney for
Audrae Diestler regarding the future conveyance of Dutlot H, Bluffs East
4th Addition. Also attached is a drawing showing the revised right-of-
way for Bluff Road adjacent to the Diestler property and its relationship
to Outlot H.
The letter of May 5, 1987 documents the plan to create Outlot H out of a
small triangular residual property included in the plat of Bluffs East
4th Addition and convey it to the Diestlers for the purpose of preserving
the access characteristics of the Diestler property to Bluff Road.
The plat of Bluffs East 4th Addition is of record and Creek Knolls
Partnership, the developer of Bluffs East 4th Addition, has conveyed
Outlot H to the City of Eden Prairie. Bluff Road adjacent to the
Diestler property has been improved with storm sewer, sanitary sewer and
watermain to serve the Diestler property. Audrae Diestler has requested
that the City of Eden Prairie now convey Outlot H. Staff recommends that
since Bluff Road has been improved with utilities and assessments for
said improvements to the Diestler property that it is now appropriate to
proceed with the conveyance of Outlot H to Audrae Diestler.
ADG:ssa
Dsk#15-CONVEYAN.CE
It
CITY OFFICES!7600 EXECUTIVE DRIVE I EDEN PRAIRIE,MN 55344.2499/TELEPHONE(612)937.2262 1`
May 5, 1987
Mr. Joseph A. Christensen
Attorney-At-Law
Suite 307
5200 Willson Road
Minneapolis, MN 55424
Dear Mr. Christensen:
Enclosed find a copy of a portion of the final plat for the Bluffs East 4th Addition
which depicts Outlot H bordering the northwest corner of the Diestler property.
According to the attached warranty deed, Outlot H is conveyed to the City at this
time. Outlot H will be transferred to the adjoining property owner (the Diestlers)
when the land area to the north of Bluff Road is approved for rezoning and
subdivision by the City Council.
The current timing as indicated by the developer for Phase II depicted on Exhibit B
is 1988. If the developer proceeds according to this phasing plan, this is when
sewer, water, and road improvements would be completed on Bluff Road. In the event
the developer does not proceed with rezoning, the City is requiring that a two-inch
lift of bituminous be placed over the gravel road. The purpose of the alternative
temporary lift was to accommodate the amount of traffic to be generated by Phase I
development, and it would not be appropriate for this traffic to utilize a gravel
road for an indefinite time.
It is my current understanding that within the last two weeks the Public Works
Department has recently regraded Bluff Road and has applied a chloride treatment to
keep the dust down.
If I can be of any further assistance, please do not hesitate to contact my office
at your earliest convenience.
Sincerely yours,
---7?/),(J4L,06-6aAGkC/"'
Michael D. Franzen
Senior Planner
Enclosures: Warranty Deed
Outlot H
Exhibit B
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LANG,PAULY&GREGERSON,LTD.
ATTORNEYS AT LAW .:
1.
370 SUBURBAN PLACE BUILDING .1.
250 PRAIRIE CENTER DRIVE
EDEN PRAIRIE,MINNESOTA 55344 ;1.
TELEPHONE:(612)829-7355
ROBERT I.LAND ��'
ROGER A.PAULY MINNEAPOLIS
S OFFICE
DAYID H.OREGERSON• 4400 IDS( ER
RI)HARD F ROSOW BO SOUTH EIGHTH STREET
MARK1.JOHNSON MINNEAPOLIS.MINNESOTA 35402
JOSEPH A.NILAN 46121 12)34J
IONN W LANG,CPA FAX 012)34%111 K
LEA M.De SOUZA REPLY TO EDEN PRAIRIE OFFICE:
JEFFREY('.APPELQUIST•
JUDITH K.DUTCHER
BARBARA M.ROSS
•A..o..ir.,. t.
F'Mt.la.i.Amon...
January 2, 1990 }a
t
John Frane
Finance Director
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Re: s /JNi7G-tti c.d',u-�'C /-Iu6'S,.Ai4 Geevny :
Dear John:
Enclosed is a letter dated December 27, 1989 to me from
Sherrill R. Oman together with four executed copies of
Assignment and Assumption Agreement. As the letter indicates the 1
letter of credit documents described in the Assignment and
Assumption Agreement are being assigned to Midwest Savings
Association, F.A., the successor in interest to Midwest Federal
Savings and Loan Association of Minneapolis, which has gone into
receivership. The Assignment and Assumption Agreements must be
consented to by the City. Please refer these to the council for
approval after which they snould be signed by the mayor and
manager and returned to me.
6
Sincer , .
„Ro�!er-A. Pauly
bbbL I
RAP:ss .'/
I.
Enc.
i
V
).AURIN, IHOFFMAN, DALY & 1.1NIJ(iREN, LTD.
ATTORNEYS AT LAW
:`00 NORTHWESTERN EINANCIAI CENTER 2000 PIPER JAFFRA.TOWER
7900 xCRAES AVENUE SOUTH 222 SOUTH NINTH STREET
BLOONINCTON,MINNESOTA 55A 31 NINNEAPOL15,MINNESOTA 55+02
ILLEPHUNC t6,I 635-34300 TELEPHONE IP.121336-56,0
FAX 5,t2:690.3333 FAX IBt21 336.9760
NORTH SUBURBAN OFFICE
0990 SPRtNOHROOv.DRIVE,SUITE 250 SHERRILL R OMAN REAL.TO MIN NEA PO LI9
.
COON RAPIDS,MINNESOTA 55433
TELEPHONE 161,156 7,
FAX I0t21 FOG 0711 -' J'%lA'
December 27, 1989 /,•r.,1'
(�
Roger A. Pauly, Esq. V` L
4400 IDS Center :7
80 South Eighth Street IP`1 (/'x�� )
Minneapolis, Minnesota 55402 r f 11
Re: $10,400,000 City of Eden Prairie, Minnesota,
Multifamily Housing Revenue Bonds •
(Tanager Creek Apartments Project) Series 1985 (the Bonds)
Dear Mr. Pauly:
We represent Midwest Savings Association, F.A., in connection
ith tax-exempt revenue bonds for which Midwest Federal Savings
and Loan Association of Minneapolis collateralized letters of
credit were issued as credit enhancement. As you know, Midwest
Federal is in receivership. Substantially all of its assets were
transferred to Midwest Savings Association, F.A. Included in the
assets transferred were the Letter of Credit documents executed
and delivered in connection with the above-captioned bond
transaction. •
I am completing the documentation of the transfer for each of the
bond issues effected. In the case of the Eden Prairie Bonds, the
Collateral Pledge Agreement may not be assigned without the
consent of the City of Eden Prairie. Accordingly, I have
enclosed five copies of an Assignment and Assumption Agreement,
which have been executed by Midwest Savings Association, F.A.,
Resolution Trust Corporation, as receiver for Midwest Federal
Savings and Loan Association of Minneapolis, and First Trust
National Association, the Trustee for the Bonds. I would
appreciate your having these Agreements executed by the Mayor and
City Manager of the City of Eden Prairie, having taken whatever
action is required by the City Council. Four fully executed
copies of the Agreement should then be returned to me.
•
77
LARICIN, llov1'MAN, DALY I'' LINDG12EN, LTD.
Roger A. Pauly, Esq.
December 27, 1989
Page 2
If you need any further information, please call me. Thank you
for your cooperation.
Sincerely,
671,14i,C,A40.4
Sherrill R. Oman, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
SRO/psb
Enclosures
cc: David J. Kuebelbeck, Esq.
SRO:HC2S
Gq
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation and Natural
Resources
DATE: December il, 1989
SUBJECT: Community Center Survey
City staff have expressed concern regarding the facility use trend
of the community center. Although, the ice arena and swimming pool
continue to have heavy demand, the use of the racquetball courts
has fallen off from the first few years and has not increased as
projected since repairs have been completed. The use of the
fitness center is negligible in comparison to use of the pool and
ice arena.
As a first step in a process of considering any alternatives to
either the use of the various facilities or method of promotion,
City staff are recommending three separate citizen surveys to
determine public opinion on facility needs.
Staff is recommending a survey of the entire community through a
brief questionnaire that would be published in the Eden Prairie
HAPPENINGS, a separate survey to the Eden Prairie Community Center
members that would be mailed directly to members, and a third
survey for young people in grades six through ten to determine
their opinion of Community Center facility needs. This short
survey would be passed out to homeroom teachers with a request that
students fill out the five minute survey while in their homerooms.
City staff would pick up the surveys several days later.
Upon review of the results of these three surveys, staff would
bring the results to the Parks, Recreation and Natural Resources
Commission. At that time, the Commission may wish to appoint an
ad hoc committee to study the results of the survey and discuss the
costs and impacts of any facility improvements or changes prior to
making a recommendation back to the Commission and City Council.
Attached to this memo is a draft copy of each of the surveys.
Staff would request review by the Parks, Recreation and Natural
Resources Commission and the City Council, and authorization to
proceed with this process.
BL:mdd
q0
COMMUNITY CENTER SURVEY INTRODUCTION
In 1979 the City conducted a survey of citizens to determine
what type of facilities should be included in a Community Center.
Citizens indicated a desire to have a swimming pool, ice arena,
racquetball courts, a fitness center and meeting rooms.
Since 1979 the City has more than doubled its population and
two privately owned health clubs have been constructed within Eden
Prairie. These facilities have large fitness centers with the
latest equipment, many racquetball courts, swimming pools, tennis
courts, gymnasiums, etc. Due to a lack of space in City Hall, the
City transferred the recreation staff to the Community Center in
1985. This required eliminating one of the meeting rooms. In
1988, after several years of citizen requests, the City developed
a child care center in one of the meeting rooms. The only meeting
room left is often reserved for aerobics classes, dance classes,
table tennis leagues and other recreation classes.
Although demand for the swimming pool and ice arena continues
to increase, the demand for the fitness center has dropped off
dramatically since the development of the private clubs. The
racquetball courts also do not have as high a demand as before the
private clubs were constructed.
It has been 10 years since that original Community Center
survey, and due to the amount of change in the community since that
time the Parks, Recreation and Natural Resources Commission and the
City Council have decided to ask for community input on needs at
the Community Center prior to making any decisions on possible
changes to the existing facilities or upgrading those facilities.
We appreciate your taking the time to help us with these
important decisions. Thank you.
Draft/9
j
i``
91
RESIDENT QUESTION
1. How often do you or a member of your family, living in your household, use
the Community Center? Using the following listed times, put the
•
appropriate letter in the columns, the number of times a family member
participates in the listed activity/facility.
A. 0-5 Times/Year
B. 5-10 Times/Year
C. 1-4 Times/Month
D. 1-2 Times/Week
E. 3-5 Times/Week
F. Daily
Family Family Family Family Family
Member Member Member Member Member
Activity/Facility #1 #2 #3 #4 #5
Age _ Age Age _ Age _ Age
(Use letter listed above to indicate amount of usage, ex: A = 0-5 times/year)
a) Hockey Association
b) Figure Skate Club
c) Swim Team
d) Swimming Pool
e) Ice Arena
f) Racquetball Courts
g) Fitness Center
h) Center Care
i) Meeting Rooms
2. Do you or anyone in your family have a current membership to the Community
Center? Yes No
•
If yes, what type? Youth
Adult Individual
Family
Senior Citizen
3. If you answered No to #2, have you or anyone in your family ever purchased
a Community Center membership in the past? Yes No
If yes, please indiciate your reason for not renewing your membership.
A. Too expensive
B. Quality of Facility
Locker rooms Pool
Ice Arena Racquetball courts Fitness Center
Other
C. Lack of Facilities
Gym Whirl Pool Sauna
Running Track Youth Room Community Room
D. Didn't use facility often enough to justify the cost of a
•
membership.
E. Children grew older, didn't use as often.
F. Other
9n
p� S
r
4. Do you think the City should consider future improvements such as the
following: (Priority: 1 = first priority, 4 = last priority) ft
yes No Priority
i
a) Expanded Child Care Facility
b) Upgrade weight room equipment
j
c) Eliminate weight room in order to use
space for: meeting room, exercise space,
youth room, etc.
d) Eliminate one racquetball court in order to
use space for: meeting room, exercise space,
youth room, etc.
e) List other alternative urn for existing space:
5. Are there any changes the City could make to improve services, the
operation or management of the facility?
6. Are you a member of another recreation facility such as YMCA, Flagship,
Northwest, etc.? Yes No
I
}
1
ai
afTENTION CENTRL MIDDLE
SCHOOL STUDENTS
We need your imput' In the past it has been suggested that the Community Center
provide a place for teens to go where they could meet their friends in an
unstructured yet supervised environment.
designed withneeds in mind. Please takeothe time to fillout`Jthis cu
your rve
•
and return it to our home room teat
Your input counts' We need her or to the main office by
consider this t your opinion on whether or not the City
Ype of investment at the Community Center. should
1) Current Grade Level 6 7 8 9 10
2) Male Female
3) What recreational
room? (Please al li
st in o derld yOu like to see included in this activity
roo ?choice( and st10 inin of importance from 1 to 10; #1 being your
Priori tY
Video Games / Pinball Machines (Your Idea)
Big Screen TV / VCR
Stereo / Sound System
Pool Tables
Ping Pang Tables
Lounge Area
Snack Bar
Group Study Area
Entertainment Games (Examples) USA Hockey, Electronic Darts,
hoop Shoot / Basketball, etc.
4) If provided how often would you use this area? Circle one
A) 3-5 times / week
B) 1 time / week
C) 1 or 2 times / week
D) 5-6 times / week
E) Not at all
If not at all please explain
5) Where do you spend the majority of your free time now?
Please list in
order of importance.
Priority
School Activities
Eden Prairie Center
Church Activities
Eden Prairie Community Center
Work
Community Groups (such as scouts)
Home
Other
6) Do you have any other comments or suggestions?
ATTENTION HIGH SCHOOL STUDENTS
We need your imput: In the past it has been suggested that the Community Center
provide a place for teens to go where they could meet their friends in an
unstructured yet supervised environment. If constructed this room would be
designed with your needs in mind. Please take the time to fill out this survey
and return it to your home room teacher or to the main office by
Your imput counts' We need your opinion on whether or not the City should
consider this type of investment at the Community Center.
1) Current Grade Level 6 7 B 9 10
2) Male Female
3) What recreational equipment would you like to see included in this activity
room? (Please list in order of importance from 1 to 10; #1 being your
first choice amd 10 being your last choice.)
Priority
Video Games / Pinball Machines (Your Idea)
Big Screen TV / VCR
Stereo / Sound System
Pool Tables
Ping Pong Tables
Lounge Area
Snack Bar
Group Study Area
Entertainment Games (Examples) USA Hockey, Electronic Darts,
Hoop Shoot / Basketball, etc.
4) If provided how often would you use this area? Circle one
A) 3-5 times / week
B) 1 time / week
C) 1 or 2 times / week
D) 5-6 times / week
E) Not at all
If not at all please explain
5) Where do you spend the majority of your free time now? Please list in
order of importance.
Priority
School Activities
Eden Prairie Center
Church Activities
Eden Prairie Community Center
Work
Community Groups (such as scouts)
Home
Other
6) Do you have any other comments or suggestions?
tF i.
Membership�C1 estions:
As a member of the Eden Prairie Community Center, we assume you use the facility
more than the average resident. We would like your viewpoint cn Community
Center needs. We appreciate your use of the facility and value your opinion
regarding any necessary improvements or changes.
1. What type of membership do you have?
Resident Non-Resident
Youth (18 yrs and under)
Adult (19 and over)
Family
Sr. Citizen (62 and older)
2. How many years have you had a membership at the Eden Prairie Community
Center?
3. Do yoU belong to an Athletic Association? Please check
a) Eden Prairie Figure Skating Club
b) Eden Prairie Hockey Association
c) Foxjets Swim Club
d) Adult Hockey League
e) Wallyball League
f) Adult Racquetball League
Did your involvement with an association prompt you to purchase a
membership? Yes No
4. How often do you or a member of your family, living in your household, use
the Community Center? Using the following listed times, put the
appropriate letter in the columns, the number of times a family member
participates in the listed activity/facility.
A. 0-5 Times/Year
B. 5-10 Times/Year
C. 1-4 Times/Month
D. 1-2 Times/Week
E. 3-5 Times/Week
F. Daily
Family Family Family Family Family
Member Member Member Member Member
Activity/Facility #1 #2 #3 #4 #5
Age Age _ Age Age Age
(Use letter listed above to indicate amount of usage, ex: A = 0-5 times/year)
a) Hockey Association
b) Figure Skate Club
c) Swim Team
d) Swimming Pool
e) Ice Arena
f) Racquetball Courts
g) Fitness Center
h) Center Care
i) Meeting Rooms �)
�1tf,/
5. Do you think the City should consider future improvements such as the
following: (Priority: 1 = first priority, 4 = last priority)
Yes No Priority
a) Expanded Child Care Facility
b) Upgrade weight room equipment
c) Eliminate weight room in order to use
space for: meeting room, exercise space,
youth room, etc.
d) Eliminate one racquetball court in order to
use space for: meeting room, exercise space,
youth room, etc.
e) List other alternative uses for existing space:
6. Would you support improvements to the Community Center entry? This would
include a widened vehicle access and drop off zone and short term parking
•
in the front of the building, with more direct pedestrian access from the
parking lot. Yes No
7. Are there an gCity p
y anag es the hcould make to improve services, the
operation or management of the facility?
01
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation & Natural
Resources.-
DATE: January 3, 1990
SUBJECT: Staring Lake Amphitheater Rental Policy
Attached to this memo is a draft copy of a policy for public use
of the Staring Lake Amphitheater. This policy was reviewed by the
Historical and Cultural Commission on December 7, 1989 and by the
Performing Arts Committee on December 11, 1989. It was reviewed
by the Parks, Recreation and Natural Resources Commission on
December 18, 1989 and continued to the January 8, 1990 meeting.
It will be reviewed by the City Council at their January 16th
meeting.
The Staring Lake Amphitheater is one of the facilities within the
park system that makes Eden Prairie's park system unique. This
facility is designed to seat approximately 500 people along the
/' "built in" seating and could handle 300-400 additional people
l seated in the grassy area between the retaining wall "seats".
There are 260 car parking spaces. Figuring two and half people per
car (average number of people per car for park users attending
passive parks), the parking lot will handle approximately 650
people.
During the planning for events at the amphitheater, staff will have
to determine the approximate number of people that will be
attending each event in order to decide whether or not the Staring
Lake Park shelter can be reserved for private use during scheduled
events.
The Staring Lake Amphitheater offers the City the opportunity to
provide a wide variety of cultural programs and events within the
park system. Staff would anticipate musical productions, dance
productions, and theater productions, as well as the use of the
facility for special events, festivals, weddings, church services,
and other social activities.
During the first year of operation, the City will have to
experiment with the sound system and the decibel level that will
be allowed to emit from this facility, as there is a concern
regarding possible disturbance of residential neighbors as well as
( other park users.
Staff is also recommending a rather conservative scheduling program
for the first year in order to monitor the condition of the turf
to insure that the facility is not over used while the turf is
r being established. City staff intend to schedule the facility
three times a week for City programs and allow one other private
reservation a week during the first year of operation. The
Historical and Cultural Commission will be finalizing a program of
events for the facility by the end of February. Dates for their
scheduled events have already been reserved. Private individuals,
community services organizations, churches, businesses, and
corporate groups may submit reservations for the facility after
February 1 of each year.
The parks, recreation and natural resources staff recommend the
City Council approve the attached rental policy, recognizing there
may have to be some adjustments to the policy after we have
experienced some use of this facility.
RL:mdd
RENTAL/9
"DRAFT"
STARING LAKE AMPHITHEATER RENTAL POLICY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA as
follows:
That effective January 2, 1990, the following shall constitute the official City
policy relating to the use of the Eden Prairie Staring Lake Amphitheater:
I. General Statement
All organizations, except the City Council, official City commissions and the
City staff, must complete an application, and have it approved before using the
Staring Lake Amphitheater. Applications must be submitted no later than 2 weeks
prior to the date for which the reservation is requested, and will be approved
on a first come, first served basis, subject to the priority schedule listed
below.
II, jivrs of Availability
The Staring Lake Amphitheater is available for reservation beginning May 15 and
continuing through October 15. Staring Lake Park is open for public use from
6:00 a.m. - 10:00 p.m., seven days a week. User groups may use the facility
until 9:45 p.m., and must leave the park by 10:00 p.m. Throughout the summer
(June 1 through mid-August), the Eden Prairie Historical and Cultural Commission
will have scheduled performances at the amphitheater on Wednesdays, Fridays and
Sundays.
III. Who May Use The City Facility
The Staring Lake Amphitheater is available to the following Eden Prairie User
Groups:
1. CITY OF EDEN PRAIRIE programs to include youth, adult, senior citizen,
adaptive recreation, leisure programs, government or commission gatherings.
2. SCHOOL DISTRICT programs to include K-12 activities, Community Education,
student co-curricular, parent groups, environmental education, and performing
arts.
3. COMMUNITY ORGANIZATIONS to include community service organizations, •
fraternal associations, churches, athletic and youth associations, neighborhood
associations, families and individual citizens, business and corporate groups.
The rental user must live or work in Eden Prairie.
The priority on the use of the amphitheater is in the order listed above.
IV. Rules and Re n at.inn�
1. User groups are not allowed to reserve the amphitheater on a continuing
basis (ex: daily, weekly, monthly).
s
2. Any groups anticipating over 500 participants must get approval of the
Director of Parks, Recreation and Natural Resources. Authorization will only be
approved upon satisfactorily providing for additional parking, transportation to
the site, providing additional toilets and providing a minimum of two police
officers for crowd control and traffic control. If over 500 participants
"inadvertently" attend the group function, cars that are parked illegally will
be ticketed, and the reservation deposit is subject to forfeiture.
3. User groups other than Eden Prairie non-profit public service organizations
that serve and benefit the entire Eden Prairie Community are not allowed to host
a fund raising event.
4. User groups are not allowed to charge an admission fee without the consent
of the City Council.
5. The park attendant shall have complete supervisory control over the
operation of the facility. Equipment set up and take down must be made with the
park attendant. Access to the stage is for loading and unloading purposes only.
The park attendant will authorize what vehicles will have access to the stage
for loading and unloading equipment., etc.
6. User groups are responsible for the basic clean-up and removal of trash.
7. No banners, streamers or signs may be attached to any park structure without
permission of the Manager of Recreation Services. Any such attachments which
are permitted must be removed by the group using the facility immediately after
reservation period.
8. Youth groups shall be chaperoned on a ratio of one adult for each fifteen
(15) or fewer youth under the age of 18. The number of youth attending and the
names of the chaperones shall be submitted with the applications. If the
general public is invited, the Manager of Recreation Services, and the signer of
the application shall determine the number of chaperones needed.
9. The City assumes no liability for loss, damage, injury or illness incurred
by the users of the facilities.
10. The signer of the application shall be held personally responsible for any
breakage, damage or loss of equipment. The signer of the application shall also
indicate that he/she has read and understands the rules.
11. All damage must be reported to the Manager of Recreation Services within
twenty-four hours.
12. Alcoholic Beverages - beer and wine only (no kegs without a City permit).
13. No food or beverage may be sold without permission of the Manager of
Recreation Services. (Refer to number 3). A county health department permit is
required.
14. Rice, confetti, or bird seed is not permitted.
15. Tents or other structures are not permitted, because of the potential damage
to the underground electrical system, and damage to the turf.
16. We are not able to provide chairs, tables, etc., and require the user group
provide their own equipment for the facility. There are 4 - 20 AMP, and 1 - 15
AMP service available on the stage. There are 2 - 20 AMP outlets on the upper
plaza area of the amphitheater.
100
17. Groups using sound amplification systems must monitor the sound level so
that it does not extend beyond the immediate area to disturb nearby residents or
other park activities. Activities may be occuring simultaneously at the
amphitheater and the shelter. Your sound system and activity should not
interfere with another permit event. The noise level will be controlled by the
park attendant or park ranger who will be equipped with a decibel level meter.
Noise level will not be allowed above 90 decibels 100 feet from the stage. •
Failure to comply with this restriction will result in loss of deposit and may
result in suspension of electrical power.
18. User groups must provide their own sound system. Sound systems must not
cause potential for injury (i.e. cords that could trip visitors).
19. Dressing room facilities are not available.
20. Two portable toilets will be available to the user group.
21.
here is
r
LakeTShelter), soninocaseeoferain,,lbessurertoroup havehas also planned ansalternativetsi site
for your event.
22. All areas of Staring Lake Park, except the amphitheater, must remain
accessible to the public.
23. Hours of use designated on the application must be adhered to. The facility
shall be available for the applicant at the time first indicated on the
application. The entire user group shall depart from the facility at the time
last indicated on the application.
24. Failure to meet these policies and rules will be cause for forfeiture of
future privileges, and loss of the deposit.
v. Et u2 forfor A°Dlvinc
1. Group 3 applications will be accepted on February 1st of each year, and will
be made on a first come first served basis.to February 1st will be opened on February 2nd(orc1 daysafterlthe first by lday rofr
registration) and reservations made according to the date mailed.
2. Applications for reservations may be received by calling the Eden Prairie
Community Center at 937-8727.
3. Reservations are only recorded upon receipt of the application and a $100.00
security/damage deposit. The deposit will be forfeited for damage caused to the
facility, or to turf due to carelessness or vandalism; or if the group fails to
clean up all litter caused by their activity; or if the group fails to follow
all rules and policies of the park resrvation permit or park use ordinance.
4. Reservations will not be official until the application is signed by the
Manager of Recreation Services or a duly authorized representative and the
original form returned to the applicant. Reservations will not be accepted over
the telephone. Applications should be submitted as early as possible and at
least two weeks prior to the date being requested.
/U1
5. A map with directions to the Amphitheater is available at the Eden Prairie
Community Center.
6. ApPommndatinn ('.aDanitieS:
Amphitheater Reservation only: 350 people maximum
Amphitheater and Shelter Reservation: 500 people maximum
7. The amphitheater may be reserved for the following uses: weddings, theater
productions, musical productions, dance productions, church services, dances or
various other social activities or events.
8. Some dates may not be available because of programs or other activities in
the park.
VI. Rental Fee:
*$100.00 Base fee/3 hours (includes 1 staff person)
*$25.00/hour for each additional hour
Additional Fees for Large Events Rewiring Soerial Permit;
*$40.00/additional portable toilet
*$35.00/hr. for each police officer required
Our policy requires that a park attendant to be on duty at all times when the
Amphitheater is in use.
1. Reservations are made when an application is received, accompanied by a
security/damage deposit of $100.00.
2. The balance of the rental fee must be paid 30 days prior to the reserved
date. If payment is not received on time, the reservation will be cancelled,
the deposit forfeited, and the Amphitheater may be reserved by others.
Reinstatement will be treated as a separate reservation if space is available.
3. The security/damage deposit is refundable. Charges will be assessed for
damage to property or for failure to observe rules, and will be deducted from
the security deposit. Any unused portion of the security deposit will be
returned approximately two weeks after the event. Added charges exceeding the
security deposit will be billed.
4. Groups are required to give a fourteen day cancellation notice if they wish
to cancel their reservation. The group will lose their deposit if they fail to
give proper notice.
5. Groups cancelling out twice in a season will be given low priority in
reserving future dates.
6. Inclement weather: Refunds will be made for events not held at the
Amphitheater because of extremely poor weather conditions.
7. Adriitinnvl information and reservations: Please call our reservations
office at 937-8727 to discuss accommodations, site location and/or other
information and assistance.
MEMORANDUM
TO: Mayor and City Council
THROUGH: City Manager Carl J. Jullie
FROM: Assistant to the City Manager Craig W. Dawson( (
SUBJECT: Agreement with Goodwill/Easter Seals for Recycling Services
DATE: January 9, 1990
In early 1989 the City entered into an agreement with Goodwill Industries,
Inc./Easter Seal Society of Minnesota to operate an "attended donation
center" for collection of recyclables. With its location at the Menards
Center, Goodwill accepts a variety of materials, including: newsprint,
cardboard, office paper, plastic, beverage cans, glass, and used clothing
and household goods. This 7-days-a-week drop-off facility is an important
component in the array of recycling opportunities offered by the City; over
250 tons of source-separated materials were collected in 1989.
This agreement needs to be renewed annually. Attached is a copy of the
proposed memorandum of agreement to continue the service. The cost for the
service would increase 6 percent. Adequate funding was approved in the
1990 solid waste management program budget for this service. All other
terms of the agreement would remain unchanged.
RECOMMENDATION: It is recommended that the Council authorize execution of
the memorandum of agreement for continuance of recycling services with
Goodwill Industries, Inc./Easter Seal Society of Minnesota.
CWD:jdp
J)
MEMORANDUM OF AGREEMENT
CONTINUANCE
FOR RECYCLING SERVICES
It is hereby agreed that Goodwill Industries Inc./Easter Seal Society of Minnesota
(hereinafter Goodwill) will provide recycling services to the City of Eden Prairie
(hereinafter City), Minnesota.
The scope of services includes the acceptance of glass, newsprint, beverage cans,
plastic (see attached), office paper, and household meterials. To provide said
services, Goodwill will maintain and Attended Donation Center in Eden Prairie. The
facility will be open 2904 hours through the year 1990.
The term of this continuance of original agreement is for the year 1990.
Goodwill agrees to maintain its liability insurance as specified in the origional
agreement to cover the Attended Doantion Center.
The City agrees to pay Goodwill $ 1,923.00 per month and to provide advice and counsel
to Goodwill on the services provided by Goodwill.
This continuance will extend the current agreement with adopted 1990 budget held by
Goodwill and the City through the year 1990.
Signed,
, City of Eden Prairie
, Goodwill Ind. Inc./Easter Seals Society of Mn
Vice President of Operations
1
LG/ce
2013G
ATTENDED DONATION CENTER
Budgeted Operational Expenses 1990
Attendant — 8 hours per day, 365 days per year,
(wages) 2,920 x 5.69 per hour including 19% fringe 16,615.00
Additional
Attendant — 8 hours per day Saturday and Sunday for
(wages) the months of May, June, July, August and
September. 400 hours x 5.69 per hour
including 19% fringe 2,276.00
Management — training, management, public relations and
recordkeeping. 10.00 per hour x 140 hours 1,400.00
Propane Gas for heater for eight months of the year.
Gas — 100 pounds at $25.00 per month (approx.) 200.00
•
Advertizing — fliers 200.00
Annual
Preventative
Maintenance — Trailer check and service of hoses, brake
system, lighting, lubrication, tire
replacement/repair. 400.00
Miscellaneous
Expenses — Informational signage 325.00
Forms, office equipment used on site 100.00
Scaling (weighing, empty and full)
$5 a weight x 6 per week x 52 1,560.00
TOTAL 23,076.00
LG/ce
0134G
/(
MEMORANDUM
TO: Mayor and City Council
THROUGH: City Manager Carl J. Jullie
FROM: Assistant to the City Manager Craig W. Dawson
SUBJECT: Amendments to Joint Powers Agreement uJ
for Southwest Metro Transit
DATE: January 9, 1990
At its November 30, 1989 meeting, the Southwest Metro Transit Commission
recommended that the joint powers agreement be amended to include the
following
1. All commissioners must reside in the city they have been
appointed to represent.
2. At least one member from each city must be a local elected
official currently serving in office.
The reasons behind these changes are: (a) to ensure that residents of the
three cities paying into the system are the ones setting policies, and (b)
to facilitate communications to the City Councils.
In order for the amendments to take effect, the Councils of Eden Prairie,
Chaska, and Chanhassen all must approve them.
{
RECOMMENDATION: It is recommended tht the City Council adopt Resolution
No. 90-11 to authorize execution of the Fourth Amendment to the Joint
Powers Agreement for the Southwest Metro Transit Commission.
CWD:jdp
%Jb
RESOLUTION NO. 90-11
CITY OF Eden Prairie
WHEREAS, the City of Eden Prairie is a party to a Joint
Powers Agreement Establishing a Southwest Area Transit
Commission (now Southwest Metro Transit Commission) dated July
21, 1986, by and between the Cities of Eden Prairie, Chanhassen,
and Chaska, and amended August 20, 1986, by First Amendment,
amended November 20, 1986 by Second Amendment, and amended
November 11, 1987 by Third Amendment; and,
WHEREAS, the Joint Powers Agreement created and established
the Southwest Area Transit Commission (now Southwest Metro
Transit Commission); and,
WHEREAS, it is desirable to amend Subparagraphs 5.a) and
5.b) of:the Joint Powers Agreement Establishing a Southwest
Area Transit Commission (now Southwest Metro Transit Commission)
as follows:
5.a) The governing body of the Commission shall be
its Board which will consist of seven commissioners.
Each party shall appoint two commissioners
("original commissioners") and a seventh
commissioner will be appointed by the parties
on a rotating basis as described below. All
commissioners must reside in the City they are
appointed to represent.
b) There shall be four classes of commissioners.
•
The term of each commissioner in Class 1 shall
expire on December 31, 1987, and every three
years thereafter. The term of each commissioner •
in Class 2 shall expire on December 31, 1988,
and every three years therafter. The term of
each commissioner in Class 3 shall expire on •
December 31, 1989, and every three years
thereafter. The six original commissioners
shall be appointed to Classes 1 through 3 by
draw, provided that no two commissioners
appointed by a party shall be members of the
same class. Two commissioners shall be
assigned to Class 1, two commissioners shall
be assigned to Class 2, and two commissioners
shall be assigned to Class 3. A seventh
commissioner shall be assigned to Class 4
beginning January 1, 1988. The term of the
Class 4 commissioner shall expire on
December 31, 1989, and every two years
thereafter. The Class 4 commissioner shall
/0 7
be appointed by the parties on a rotating basis,
beginning January 1, 1988, with an appointment
by the City of Chaska, January 1, 1990, with
the City of Chanhassen and January 1, 1992,
with an appointment by the City of Eden Prairie,
and continuing in a like pattern thereafter.
The successor of each of the commissioners
shall be appointed to the same class as the
successor's predecessor. One class from each
party must include a local elected official
currently serving in office.
NOW THEREFORE, BE IT RESOLVED, the execution of the "Fourth
Amendment To Joint Powers Agreement Establishing a Southwest Area
Transit Commission (now Southwest Metro Transit Commission)" is
approved.
ADOPTED by the Eden Prairie City Council on the 16th
day of January , 1990
Mayor
ATTEST:
City Clerk
J 2
FOURTH AMENDMENT TO JOINT POWERS AGREEMENT
ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION
(Now Southwest Metro Transit Commission)
This Fourth Amendment to the Joint Powers Agreement
Establishing a Southwest Area Transit Commission (now Southwest
Metro Transit Commission), is made and entered into this 16th
day of January gp
19_, by and between the Cities of
Eden Prairie, Chanhassen, and Chaska, all being municipal cor-
porations organized under the laws of the State of Minnesota,
pursuant to the authority conferred upon the parties by Minnesota
Statutes S174.265, Minnesota Statutes S473.384, S473.388 and/or
Minnesota Statutes ,S471.59.
NOW THEREFORE, BE IT RESOLVED, in consideration of the
mutual covenants and agreements contained herein, it is hereby
agreed by and between the Cities of Eden Prairie, Chanhassen, and
Chaska, through their respective City Councils, that
Subparagraphs 5.a) and 5.b) of the Joint Powers Agreement
Establishing a Southwest Area Transit Commission (now Southwest
Metro Transit Commission) are amended to read as follows:
5.a) The governing body of the Commission shall be
its Board which will consist of seven commissioners.
Each party shall appoint two commissioners
("original commissioners") and a seventh
1
f'J'�
commissioner will be appointed by the parties
on a rotating basis as described below. All
commissioners must reside in the Cit the are
appointed to represent.
b) There shall be four classes of commissioners.
The term of each commissioner in Class I shall
is
expire on December 31, 1987, and every three
years thereafter. The term of each commissioner
in Class 2 shall expire on December 31, 1988,
and every three years therafter. The term of
each commissioner in Class 3 shall expire on
December 31, 1989, and every three years
thereafter. The six original commissioners
shall be appointed to Classes 1 through 3 by
draw, provided that no two commissioners
appointed by a party shall be members of the
same class. Two commissioners shall be
assigned to Class 1, two commissioners shall
be assigned to Class 2, and two commissioners _
shall be assigned to Class 3. A seventh
commissioner shall be assigned to Class 4
beginning January 1, 1988. The term of the
Class 4 commissioner shall expire on
December 31, 1989, and every two years
thereafter. The Class 4 commissioner shall
2
By:
Its
Approved by the City Council
of Chanhassen this day
of _, 1990.
CITY OF CHASKA
By:
Its
By:
Its
Approved by the City Council
of Chaska this day of
1990.
9i
n 4
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
Bob Lambert, Director of Parks, Recreation and NAtural
Resources
FROM: Stuart A. Foxy!Manager of Parks and Natural Resources
DATE: January 10, 1990
SUBJECT: Tax Forfeited Property
Attached is a list of non conservation land located in Eden Prairie
which has been pronounced as tax forfeit to the State of Minnesota
for non payment of property taxes. As provided in Minnesota
Statute 282, the County has requested the City to either approve
the parcels for public auction, approve for auction to adjacent
property owners, request conveyance to the City for public use, or
request that specific parcels be withheld from public auction for
one year. This list shows nine parcels of property which are
currently tax delinquent.
Also, attached for your review are copies of half section maps
indicating the locations of the parcels described. The full
description for these parcels is as follows:
Parcel 1
PID 01-116-22-12-0005
Opus 2, 2nd Addition, Outlot A
Owner - State Land Department
Appraised Value - $15,000
Yearly Taxes - -0-
Pending Specials - -0-
Parcel 2
PID 03-116-22-22-0035
RLS No. 1095, Outlot A
Owner - State Land Department
Appraised Value - -0-
Yearly Taxes - -0-
Pending Specials - -0-
Parcel. 3
PID 03-116-22-22-0036
RLS No. 1095, Outlot B
Owner - State Land Department
Appraised Value - -0-
r Yearly Taxes - -0-
Unpaid Specials - -0-
/.%'j
arcel 4
PID 05-116-22-21-0016
Chatham Woods, Block 1, Lot 5
Owner - State Land Department
Appraised Value - $18,000
Yearly Taxes - -0-
Unpaid Specials - $29,370.00
Parcel 5
PID 05-116-22-21-0025
Chatham Woods, Block 3, Lot 2
Owner - State Land Department
Appraised Value - $26,735.77
Yearly Taxes - -0-
Unpaid Specials - $23,871.22
arcel 6
PID 08-116-22-12-0038
Duck Lake Vista, Outlot A
Owner - State Land Department
Appraised Value - $500
Yearly Taxes - -0-
Pending Specials - -0-
Parcel 7
PID 08-116-22-22-0005
Lorence 1st Addition, Outlot A
Owner - State Land Department
•
Appraised Value - -0-
Yearly Taxes - -0-
Special Assessments - -0 •
-
Pa120 8
PID 10-116-22-24-0002
Auditors Subdivision No. 2225, Parcel 21
Owner - State Land Department
Appraised Value - -0-
Yearly Taxes - -0-
Unpaid Specials - $46,593.24
Parcel 9
PID 16-116-22-34-0047
Red Hills 1st Addition, Outlot B
Owner - State Land Department
Appraised Value - -0-
Yearly Taxes - -0-
Unpaid Specials - $216.55
1
fi.
The staff has reviewed the 9 parcels on this list and taken a look
at potential usage of any of the parcels for public purposes. The
consensus of the staff is that the parcels be disposed of in the
following manner:
Available for Public Auction: Parcels 4, 5, and 8
Offered for Sale to an Adjacent Property Owner: Parcel 1 and 6
Deed to the City: Parcel 2 and 3 for conservation of drainage ways.
Parcel 7 for road right-of-way.
Held from Auction for 1 Year by the City: Parcel 9
A word of explanation about Parcel 9 is that this is a piece of
common ground that is currently held by a homeowner's association
that currently does not have an operating board overseeing their
common grounds. The staff would like to check into a number of
ways ofpossibly eliminating this $216.55 assessment which was for
removal of diseased trees in 1984 and permit the property to remain
common ground.
City staff recommends the Council approve Resolution No. 90-16
authorizing the disposal of this tax forfeited land as outlined
above.
SAF:mdd
I/
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 90-16
RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND
WHEREAS, the City of Eden Prairie has received from the County
of Hennepin non conservation list 741-NC, which lists 9 properties
in said municipality which have become property of the State of
Minnesota for non payment of real estate taxes, (list attached),
and
WHEREAS, provided in Minnesota Statute 282, the City Council
is asked to determine the disposal of these parcels of land, and
WHEREAS, the City can approve the parcels for public auction,
or approve the parcels for sale to an adjacent owner, or request
conveyance to the City for public use without monetary
consideration, or request that parcels be withheld from public
auction for one year.
NOW, THEREFORE, BE RESOLVED, the City Council of the City of
Eden Prairie does request the Board of Hennepin County to approve
the disposition of these parcels in the following way:
1. Parcels to be sold at public auction:
PIN 05-116-22-21-0016 - with special assessments totalling
$29,370.00 (assessed over 10 years at 12% interest) .
PIN 05-116-22-21-0025 - with special assessments totalling
$26,735.77 (assessed over 10 years at 12% interest) .
PIN 10-116-22-24-0002 - with special assessments totalling
$46,593.24 (assessed over 18 years at 8% interest) .
2. Parcels to be auctioned to adjacent property owners:
PIN 01-116-22-12-0005 - no special assessments pending.
PIN 08-116-22-12-0038 - no special assessments pending.
3. Parcels to be conveyed to the City for public use:
PIN 03-116-22-22-0035 - for park and open space purposes.
PIN 03-116-22-22-0036 - for park and open space purposes.
PIN 08-116-22-22-0005 - for street right-of-way purposes.
4
4. Parcels to be held from auction for 1 year:
PIN 116-116-22-34-0047 - special assessments $216.55 (11%
interest for 1 year).
ADOPTED, by the City Council of the City of Eden Prairie this
16th day of January, 1990.
Gary D. Peterson, Mayor
ATTEST:
John D..Frane, City Clerk SEAL
/17
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LANG,PAULY&GREGERSON,LTD.
ATTORNEYS AT LAW O\yy
370 SUBURBAN PLACE BUILDING
250 PRAIRIE CENTER DRIVE
EDEN PRAIRIE.MINNESOTA 55344
TELEPHONE(612)829-7355
ROBERT I.LANG MINNEAPOLIS OFFICE •
ROGER A.PAULY 4400 IDS CENTER
cool H.GREGERSON• PO SOUTH EIGHTH STREET
RICHARD F.ROSOW MINNEAPOLIS.MINNESOTA 55402
MARK/.JOHNSON
JOSEPH A.NILAN 21 J)B-0155
FA
JOHN W.LANG.CPA %(e 12)JI#e11B
LEA M.De SOUZA REPLY TO EDEN PRAIRIE OFFICE.
IEFFLEY C.APPELQUIST•
JUDITH K TCHER
BARBARA M.ROSS
•Ain/U MmW n
Plum Lau MWs,,,.^ January 9, 1990
Mr. Carl Jullie
City Manager
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
RE: Termination Agreement - Western Area Fire
Training Academy and Minnesota Gas Company
Dear Carl: •
I have reviewed the above-referenced agreement and discussed
it with Steven Smith, the attorney representing WAFTA. The only •
suggestion I have is the provision relating to environmental
liability in the last paragraph on page two. I suggested to Mr.
Smith that those liabilities be better defined by specifically
mentioning the various environmental statutes, including RECRA,
CERCLA, MERLA, MERA, etc. He indicated that it is somewhat dif •
-
ficult to get Minnesota Gas Company to make changes. He would
like the agreement approved and will attempt to get Minnesota Gas
Company to agree to these changes. I would recommend following
that procedure. In other words, have the Council approve the
agreement as it is. The terms "environmental liabilities" are
pretty broad and should pick up the specific statutory liabili-
ties. My suggestion of enumerating those references is simply to •
achieve greater specificity.
Sin 1 retp
Rog Pauly
•
RAP:ss
cc John Frane
TERMINATION AGREEMENT
THIS AGREEMENT made this day of , 1989,
between WESTERN AREA FIRE TRAINING ACADEMY, a Minnesota non-profit
corporation, hereinafter referred to as "THE ACADEMY" and MINNESOTA
GAS COMPANY, a Delaware corporation, licensed to do business in the
State of Minnesota, hereinafter referred to as "THE COMPANY".
RECITALS
1. "THE ACADEMY" and "THE COMPANY" have entered into a
Use Agreement dated January 1, 1979, by which the "THE ACADEMY" and
"THE COMPANY" agreed to certain terms and conditions for the use by
"THE ACADEMY" and "THE COMPANY" of property described and known as
the Launch Area, Nike Battery #70, in the County of Carver, St.
Bonifacius, Minnesota, hereinafter referred to as THE SITE" by
which "THE ACADEMY" and "THE COMPANY" agreed to the terms and
conditions as stated in the Use Agreement. "THE SITE" shall include
not only the said property but also any buildings, storage
facilities, equipment, and any physical improvements thereon.
2. The parties desire to terminate and cancel the Use
Agreement, and to release each other from their respective
obligations under said Use Agreement except as hereinafter stated.
3. In consideration of the mutual covenants contained
herein, the parties agree as follows:
The Use Agreement shall be and is hereby terminated
and cancelled and the term thereof is brought to an
end as of the date of the signing hereof, subject to
the terms and conditions set forth below.
"THE ACADEMY" and "THE COMPANY" are released and
discharged from their respective obligations to
observe the terms and conditions of the Use Agreement
on their respective parts to be observed, unless
hereinafter otherwise stated.
i
-1-
THE COMPANY" vacated THE SITE" sometime in 1988 and
hereby abandons and vacates "THE SITE" effective the
date herewith.
"THE COMPANY" hereby vacates its easement to use such
areas within "THE SITE" as THE ACADEMY" and "THE
COMPANY" have mutually agreed upon hereinbefore either
for any remodelling or alteration or for use in
related training programs.
"THE ACADEMY" herein terminates its right to receive •
any yearly rental, or training fees due "THE ACADEMY" •
from "THE COMPANY" pursuant to said Use Agreement.
"THE COMPANY" hereby vacates its easement or use of
any of the existing buildings or property above or
below ground on "THE SITE".
"THE ACADEMY" hereby terminates all expectancy to
receive any costs or expenses due it or claimed due y
from "THE COMPANY" for the filling, grading, fencing,
building remodelling, providing of any fuels and
materials and storage materials and any equipment A
previously supplied and the use of any and all
buildings and areas on "THE SITE". •
"THE COMPANY" terminates its use of "THE SITE" either
in its own stead or by any of its designated agents or
• any other organizations as may have contracted with
"THE COMPANY" for use of "THE SITE".
"THE ACADEMY" and "THE COMPANY" hereby agree that any
costs whatsoever associated with environmental
liabilities incurred on "THE SITE" as a result of use
by "THE ACADEMY" and/or "THE COMPANY" shall remain the
sole liability of "THE ACADEMY" and "THE COMPANY".
Further, it shall be an overriding provision herein
that any said liabilities directly attributable to
"THE COMPANY" shall be the sole obligation of "THE
COMPANY". Said environmental liabilities include, but
shall not be limited to, the following: any costs
associated with regulatory compliance review; soil and
ground water assessment; structual inspection;
industrial hygiene assessment; identification of
PCB's, asbestos, other hazardous materials; testing
and investigation of underground storage tanks;
testing and cleanup of soil; assessment of hazardous
material/waste handling and storage areas; also any
other costs incurred to investigate potential problems
and correct same, which may include but not be limited
to collecting insulation material for analysis;
collecting surface soil samples from visually
contaminated areas; drilling soil borings for
• analysis; installing ground water monitoring wells and
collecting ground water samples; collecting other
I ) -2- �.
types of samples sucn as wipe samples from floor or
wall surfaces, samples from drums or transformers or
storage tanks, and samples of sludge or other waste
materials; and leaking, testing underground storage
tanks. Said !xabLl1t:es shall also _n.clude, but not
be limited to: compliance with any and all federal,
state and local regulations with regard to
environmental assessment, analysis, testing, and clean
up liability for any environmental problem or natural
resources damages caused by use of "THE SITE".
"THE COMPANY" hereby represents and warrants that it has
caused no natural resource damage by its use of "THE SITE".
Further, that any and all required federal, state or local permits
concerning or relating to environmental protection and regulation at
"THE SITE" during the Use Agreement have been secured and are
current. Further, "THE COMPANY" warrants that it has been in full
compliance with any and all environmental permits, and any other
requirements under federal, state or local law, regulation or
ordinance. Further, "THE COMPANY" warrants there are no pending
actions against it under any environmental law, regulation or
ordinance, and "THE COMPANY" has not received notice in any form of
such an action, or every possible action, relating to its use of
"THE SITE". Further, "THE COMPANY" warrants there are no past or
•
current releases of hazardous substances on, over, at, from, into or
onto any facility at "THE SITE". Further, "THE COMPANY" warrants
that it is not aware of any environmental condition, situation or
incident on, at or concerning "THE SITE" that possibly could give
rise to an action or to liabilty under any law, rule, ordinance or
common law theory.
"THE COMPANY" warrants that if a representation or warranty
is breached, "THE COMPANY" is responsible for all resulting
liability, and will indemnify and hold harmless "THE ACADEMY"
!\
therefrom. Further, any and all liability for any environmental
conditions other than those directly caused by "THE ACADEMY" shall
remain with "THE COMPANY".
If at any time subsequent to the signing of this
Termination Agreement it is determined that there has been waste
contamination and that any costs are incurred therefrom, "THE
ACADEMY" has the right of recession of this Termination Agreement by
written notice to "THE COMPANY".
For purposes of this agreement, all written notices shall
be directed to the addresses written below; i.e.,
"THE ACADEMY" Western Area Fire Training Academy
c/o City Hall
City of Excelsior
339 Third Street
Excelsior, MN 55331
"THE COMPANY" Minnesota Gas Company
c/o Safety Director
733 Marquette Avenue
Minneapolis, MN 55402
IN WITNESS WHEREOF, the parties hereto have executed this
agreement at
the day and year first above written.
MINNESOTA GAS COMPANY
Dated:
By:
Its:
CITY OF CHANHASSEN
Dated:
Mayor
Clerk
jv(% -4-
1
1
CITY OF CHASKA
Dated:
Mayor
2
Clerk
{
CITY OF EDEN PRAIRIE
Dated:
;
Mayor
Clerk
CITY OF EXCELSIOR
Dated:
Mayor
Clerk
CITY OF LONG LAKE
Dated:
Mayor
Clerk
CITY OF MOUND
Dated:
Mayor
Clerk
CITY OF MAYER
Dated:
Mayor
Clerk
CITY OF ST. SONIFACIUS
Dated:
Mayor
Clerk
CITY OF VICTORIA
Dated:
Mayor
Clerk
CITY OF MAPLE PLAIN
Dated:
Mayor
Clerk
CITY OF WATERTOWN
Dated:
Mayor
Clerk
��1 -6-
USE AGREEMENT
THIS AGREEMENT, entered into this 1st day of January, 1979,
by and between western Area Fire Training Academy. a Minnesota Non-Profit
Corporation, created on the /y day of /TFI�,i T , 192.
e.
hereinafter referred to as "The Academy" and Minnesota Gas Company, a
Delaware Corporation, licensed to do business in the State of Minnesota,
hereinafter referred to as "The Company",
WHEREAS:
The City of Excelsior, MN, acting as and for "The Academy" as
purchaser, in that certain Contract for Deed and Rental Agreement from
the United States of America (Vendor) dated August 14, 1974, and
designated Contract No. GS-0SB-96001 (PK) for the purchase of the
real property described therein known as the Launch Area, Nike Battery
M70, in the County of Carver, St. Bonifacius, MN, hereinafter referred
to ae "The Site" and,
WHEREAS:
"The Academy" by reason of the above Contract for Deed and
Rental Agreement is the beneficial owner of "The Site" and operates and
maintains thereon a volunteer fire fighting training facility and
"The Academy" agrees that "The Company" may share in the use of "The
Site" and its facilities for training and related purposes end activities.
NOW, THEREFORE,
"The Academy", in consideration of the terms and conditions
contained herein does, for itself, its successors and assigns, grant and
•
convey unto "The Company" the express right, license, and easement for
the period of twenty (20) years from the 1st day of January, 1979, to
the lit day of January, 1999, to use such areas within 'The Site" as
"The Academy" and "The Company" may mutually agree upon in writing for
the construction or remodeling at "The Company's" expense of facilities
and equipment for fire fighting and related training programs a6 "The
Company" may from time to time desire.
/;i
41."S
•
•
It is expressly understood and agreed between "The Academy" and
"The Company" herein that the following terms and conditions shall apply
at all times during the term of this Agreement and any extensions thereof,
unless changed by mutual agreement, prepared in writing, and signed by
"The Academy" and "The Company":
1. "The Company" shall pay annually to "The Academy" a
minimum Use Fee of One Thousand Two Hundred Dollars
($1,200) on or prior to the 1st day of January, 1979,
subject however, to the biennual use fee adjustment
setforth herein.
2. In each odd numbered year thereafter "The Company" shall
increase the minimum Use Fee by five percent (5%) and
the use fee as so adjusted shall be paid to "The Academy"
on or prior to the 1st day of January.
3. "The Academy" agrees that "The Company" may continue its
use of"The Site" subject to mutually agreeable terms and
conditions of this Agreement for an additional period of
twenty (20) years if prior to the 1st day of January, 1999,
it notifies "The Academy" in writing of its intention to
do so.
4. "The Company" agrees that in addition to the payment of
the minimum Use Fee in any given year, it shall pay to
"The Academy" a training fee of $5.00 for each person
trained by "The Company" on "The Site": this amount shall
be paid at the end of every quarter in each year during
the term of this Agreement and any extension thereof, and
may be increased or decreased by mutual agreement if in
writing and signed by "The Academy" and "The Company".
5. "The Academy" agrees that "The Company" at its own expense
{
may perform such remodeling of the existing "Buildings"
on "The Site" as it deems necessary or convenient unless
"The Academy" formally objects in writing to same.
ra'
•
i
s
6. "The Company" agrees that it will, without cost or expense
to "The Academy", do all necessary filling, grading, fencing,
building remodeling, and provide all fuels and materials
and storage facilities and other equipment as it,may deem
necessary or convenient to the construction and development
of a "Fire Demonstration Area" on "The Site" for use in its
activities.
7. "The Company" agrees that it will, without cost or expense
to "The Academy", provide for the maintenance of those
areas of "The Site" being used for "The Company's"
4
activities, programs and facilities and will provide for
all instructors and personnel.
8. "The Academy" agrees that "The Site" shall be available for
use by "The Company" as may be necessary during all twelve
(12) months of the year provided, however, that "The
Company" shall pay for all snow removal, heading_and
electrical expense of "The Academy" directly resulting from
the use of "The Site" by "The Company" between November 1,
and April 30 in any given year.
9. "The Company" agrees that "The Academy" shall have first
priority but the non-exclusive use of all facilities at
or upon "The Site" with the exception of such "Fire
Demonstration Area" as "The Company" may design and
construct, provided, however, that upon thirty (30) days
written notice to "The Academy" the "concrete vault and/or
smoke chamber" shall be available to "The Company". Upon
thirty (30) days written notice to "The Company", the
"Fire Demonstration Area" shall be made available for use
by "The Academy" for up to ten (10) days in any given year.
oa "The Academy" agrees to obtain and continue all necessary
permits for the operation of "The Site" as a fire fighting
training facility, to provide for such security as may
be necessary to protect "The Site", maintain all
properties and areas at "The Site" other than those
constructed by "The Company"; "The Academy" shall provide
for all necessary utility expenses at "The Site" from
May 1 through October31 in any given year without cost
MOW. I3,/
•
-4-
(, 11. Upon written agreement with "The Academy", "The Academy"
agrees that other organizations may contract with "The
Company" for the use of "The Site" provided it is used
for purposes consistent with the rights granted to "The
Company" by this Agreement.
12. "The Company" agrees to provide adequate insurance coverage
for its employees, personnel, and trainees, and fire
and liability insurance covering its property and
activities on "The Site".
13. "The Company" and "The Academy" agree that at the
termination of this Agreement and/or any extensions
•
thereof "The Academy" may purchase such property and/or
physical improvements as "The Company" may have made
at "The Site", for the undepreciated book balue of same
as may be demonstrated by "The Company" from its records,
but shall not be obligated to do so. If "The Academy"
does not purchase said property o and/or physical
improvements, "The Company"lmay remove any or all of
same provided such removal does not result in permanent
damage to "The Site" which shall be left in as good a
condition as reasonably possible following removal.
For purposes of this Agreement, all written notices shall be
directed to the addresses below; i.e.,
"The Company": Minnesota Gas Company
c/o Safety Director
733 Marquette Avenue
Minneapolis, MN 55402
"The Academy"; The Western Area Fire Training Academy
c/o City Hall
City of Excelsior
339 Third Street
Excelsior, MN 55331
Einar-
s
_g_
,- IN WITNESS WHEREOF, the parties hereto have executed this '
Use Agreement this • .O day of �y(y , 1979.
WITNESS: MINNESOOTA GASS C'fJ�MPANY
BY £ •CV�Rt•li.�
Tina At, Its 4. ( .��,.f."c�.—
CITY OF EXCELSIOR
For:
THE WESTERN AREA FIRE TRAINING
ACA
By
ayor
City xcelsior, MN
•
•
•
. /J
•
IIP"Mr
•
les to zzo corporations
altaca. sobtivi,ions of the State of Minnesota. This
is entered into pursuant to the authority conferred by
Minnesota Statutes, Section 471.59.
II. NAME
The name of the organization of municipalities created by
agreement is "The Western Area Fire Training Association."
III. PURPOSE'
The parties have entered into this agreement for the purpose
of providing a fire training facility at which full time and
volunteer fire fighters who serve the members an develop and
improve their fire fighting capabilities. The parties have
determined that the joint acquisition of the Launch Area, Nike
Battery 70, St. Bonifacius in Carver County can be utilized-as
such a facility, and that said site is available from the General
Services Administration of the United States of America upon
ter:is favorable to the members. It is the purpose of this
agreement to facilitate the acquisition of said site and its
conversion into a fire training center for the members.
IV. DEFINITIONS
Section 1. For purpose of this agreement the terms defined
in this article have the meanings given them.
Section 2. "Association" means the Western Area Fire
Training Association.
Section 3. "Board of Directors" or "Board" means the
governing body of the Association created by Article V.
Section 4. "Executive Committee" or "Committee" means the
committee created by the Board under Article VII.
Section 5. "Member" moans any political subdivision of the
Late of Minnesota which becomes a member of the Association.
3'1
Mir „
..
S i V •
•v•:,;:.n..:e.: va...:11,,..- .: Zu'..1 .:..,., L.ze .!eparEment servinc
:,03 7. "Cou,cli" -..; governing body of a memeer
...)y urnatever term known.
Section S. "Sitc" mean:: Launch Arca, Nike Battery 70, St.
i Bonifacius in Carver County, D. Minn. 494.
V. ASSOCIATION CREATED
Section 1. Creation. The Western Area Fire Training
Association is hereby created with the powers and duties assigned
to it and in accordance with the terms of the agreement.
Section 2. Initial Members. The initial members of the
------______
Association are the following cities which comply with Section 3
prior to March 1, 1974:
IWatortova -
j Chanhassen
Chaska
Eden Prairie •
Excelsior
Long Lake
Mound
Mayer
St. Eonifacius
Victoria
Section 3. Procedure. A member shall indicate its intention
to ;oin the Association by appropriate authorization of its
governing body and the filing of such resolution and an executed
copy of this agreement with the City Clerk of the City of
Excelsior.
i
i
I Section 4. Ora ,,,n. The Association is deemed to have
been created when any four of the initial members have complied
with Section 3 of this Article.
Section S. Additional Members. Any other political sub-
division of the State may become a member of the Association by
complying with Section 3 of this Article and other pertinent
1
provisions of this agreement. Membership by other than initial
..mbers shall be subject to approval by the initial members.
VI. GOVERNING BODY
1 ,
Section 1. Board of Directors. The governing body of the
A:•,ociation is its Board of Directors. The Board is composed of
1
I
i
67
Mir
•
4/"7:17
• trzr•C
:uc
eer
•
-y C1, of oacn ,net.scr :or a term
31, :lowever tSat of zhe two
:.: ;.1 a, fire filtor. If a director ceases to be
Zire fignter, or if the appointment of any director' is
rescinded by the Council of a municipality, a vacancy shall
exist and shall be filled by thu Council as in the case of
original appointments: in all other cases, Directors shall serve
until their successors arc appointed and qualify.
Section 2. Meetings, Quorum, By-Laws. The Board Shall
hold an organisational meeting within 30 days after the Association
is created, subject to the provisions of Section 3 of this
Article. At its organizational meeting the Board shall elect
jfrom its members a Chairman, Vice-Chairman and 4ecretary-Treasurer,
• and it shall adopt by-laws governing meetings, quorums, duties of
officers and such other matters as it deems necessary and as
• ; may be required by the agreement.
•'.
Section 3. Interim Meeting of Board: Time being of the
essence, when four members have joined the association as
provided in Article V. Section 4, an interim organizational
meeting shall be held. Temporary officers shall be selected and
temporary rules adopted sufficient to enable the members to
negotiate the purchase of the fire training site from the General
Services Administration, but for no other purpose.
Section 4. Powers and Duties of the Board. Subdivision 1.
The Board shall exercise general supervision and control over the
operation of the fire training center. It shall adopt rules and •
•I
regulations for the proper administration of.the center including
' but not limited to its scheduling, maintenance, preservation, use
and management.
Subdivision 2. Funds: Emolovees. The Board may apply for or
accept grants, gifts or loans from any source whatsoever and
utilize the same for the purposes of the center. It may employ
personnel to operate the center and an executive director to
mr.sge the operation of the center.
/39
BMW
1
er-Alr)1
section 1. ,\nrvlintm-int. At its organization al meeting the
jo.a..-d shall select from among the directors an executive committee 1
consisting of seven persons Zor terms corresponding to their
zegular term of office as director.
Section 2. Duties. The executive committee shall have the
responsibilities assigned to it by the by-laws of the Board and
may perform any function assigned to it by such by-laws between •
regular meetings of the Board. The executive committee shall
monitor the operation of the training center and make such
recommendations to the Board as are necessary for the proper
operation of the training center.
VIII. FINANCIAL MATTERS
Section 1. Purchases and Contracts.- All purchases, con-
.
tracts and expenditures of funds made by the Association shall
be made in accordance with the laws governing such matters for
statutory cities in Minnesota. Strict accounting for all, funds
of tha Association shall be provided for. -
Section 2. Capital and Operating Costs. All Capital and
interest costs of acquisition and irprovement of the training
center shall be shared equally by the members, according to
procedures adopted by the Board. Operating costs of the training
center shall he defrayed by equitable user fees as determined by
the. Board.
•
Section 3. Acquisition of Site. The City of Excelsior shall
be the contracting party for the members to purchase the site
from the General Services Administration. The purchase shall be
by contract for deed pursuant to the provisions of Minnesota
Statutes, section 412.221 Subd. 2, and in such terms as may be
acceptable to the General Services Administration and-the City of
:::calsior, provided however, that the City is under no obligation
Plb
Mir
•
•••••s
in ialt:il contri.iuloa of
cipita .en inz.erest costs provided by Section 2 •
di is Arciele, If ill ,,a (l0) ;aembere lieted in Article V,
Secrion 2 join the Association, the initial contribution of $50G.G0
will provide suZficient monies to make the initial down
yfient and provide :.:onies to cover enpenses in forming the
Aisociation and purcaasing the sit , Each member agrees to pro-
. each year sufficient monies to pay its prorate share of
the purchase price due on the Contract for Deed. If all ten (10)
:aembers do rot join the Association, those members who do join,
agree to pay to the City of Excelsior their prorate share of the
contract costs as they become due under the terms of the Contract
for Deed.
•
Section 4. Ownership of the Site. The record title to the
size shall be in the name of the City of Excelsior. The City of
-2. ceisior egress to hold title to the site property in trust for
all members who contrioute money for the site purchase. Each
members interest in the site shall be in accordance with its
. prorati share paid to acquire the site. Nothing in this section
,:all prohibit the creation of record ownership by joint tenancy
CC in such other manner as is deemed to be equitable by the
rembera. If theme is not unanimous consent by all members as to
:Ion the title shall be recorded, it shall, remain with the City of
:: celsior in trust for each member who contribute to its purchase A
and Ohm continues to contribute its equal share under the terms
1
of Article VIII, Section 2. Withdrawal from the Association in
accordance with Article IN, Section 3 shall act as a forfeiture
ai any rights to any interest in the site or to any of the trust
provisions of this Section.
Section 5. Budget. The Board shall prepare and submit
cr. ----al budget to the members prior to June 1 of each year.
(
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Mar
' •
',T4=A% (. !,
S,C1105 I. 1-Jutn. Tni.; agrcement 15 in effect until
,ermi.1td ia tni, Article.
Section 2. Tenination. rni, agreement may be terminated
by una.linous consent of the memlierd indicated by the appropriatr,
of their .:0,1,tilo fC tc.l Stith the Board. Upon termina-
• zion the Coard may continue to function for such time as is
necessary to wind up the affairs of the Association. Upon
termination all assets of the Association shall be divided
equally among the members:
Section 3. Withdrawal. Any member may withdraw from the
Association by resolution of its Council forwarded to the Board
at least 60 days prior to withdrawal. Upon withdrawal, a member
shall not be entitled to any share in the assets of the
A3sociation or any refund of capital or interest costs
4
contributed by it to the Association.
jq
•
•
•
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•
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(, .... .:....r.::::. .:.:cam.,.., _.. ,,.-a.- .:...Vd �a C_^d L:11.1
to ...;)Cu,... ....L,.. -,,.>ear:ay belo•., zsca..t y
to _.::o L'.:l_G .:t of ...... .:J.il::ii.. 1.
f.
Date:m.`L .. 'a/ /7 7,2 1974 CiLy of. Chanhassen . .
By /////, Y.,' •, /' 4—
�i4ayor/ /�� f
I%
. /� Clem• — I
Date;u�.f I.0711 1974. City ofj Chaska .� a ',
By •• �,.. ,• '/.'. ' >� - -.,�.
/Mayor i . • .+•• E
" ' 4Cterk
` Date:i'L.t,l� k/;L 1974 C}t of Eden
Prai ie/
l.
S4ayor
.�- ./-,;.. :J
�I• Clerk
J
•
Date: (. -^ j1 .. . 1974 City of Excelsior
`// �/// _ ,
Mayor
..--
Clerk,
Date:.r//.i.2„..11 /e 7 1974 C ty c�.�,�\Long Lake
' '
Byyc?ti% �.,c 1. ,a.h...,=i�._lll!!!
Mayor // \ '3
1.
Cleu
V
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Date: 1971 City.of Mayer ci
By II,
Mayor u
(3- //
Date: 1974 City of,St. Bonifacius
(By ".../',2(.../ /'/
Mayor
It
per.,
Daze: 1974 City of Victoria
"776.7
Foyer y
d•
Clerk
City of
21)
—
link
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1974 City of Watertown
By I /
nnyor
( , ,
Clerk
/44
-0-
EiMor
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 90-14
RESOLUTION RECEIVING FEASIBILITY REPORT
AND SETTING PUBLIC HEARING
WHEREAS, a report has been given by the City Engineer to the City Council
recommending the following improvements to wit:
I.C. 52-156 (Utility and Street Improvements to Mitchell Road
from Boulder Pointe Road to CSAH 1)
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. The Council will consider the aforesaid improvements in accordance
with the report and the assessment of property abutting or within
said boundaries for all or a portion of the cost of the improvement
pursuant to M.S.A. Section 429.1)11 to 429.111, at an estimated
total cost of the improvements as shown.
2. A public hearing shall be held on such proposed improvement on
February 6, 1990 at 7:30 P.M. at the Eden Prairie City Hall,
7600 Executive Road. The City Clerk shall give published and
mailed notice of such hearing on the improvements as required
by law.
ADOPTED by the Eden Prairie City Council on January 16, 1990.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Clerk
ti
I
James Development Company
James L. Ostenson 7808 Creekridge Circle
President Suite 200 A
Bloomington,Minnesota 55435
612/941.7805
January 11, 1990
Mayor Gary Peterson
X Mike Franzen
CITY OF EDEN PRAIRIE
7600 Executive Drive
Eden Prairie, MN 55344
Re: Proposed Jamestown Development
Dear Mayor Peterson:
With respect to the above referenced project, we would like to request that our
scheduled January 16, 1990 presentation to the City Council be continued until
your February 6, 1990 agenda. At this time, we are still waiting for the Noise
Abatement Study which we expect to have this week.
Thank you for your kind consideration of this matter. •
Si cerel
1,1
(Airfri}Tv\.
Ji Ostenson
JO nr
1!!
1
116
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #90-17
RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROGER FARBER
FOR FARBER ADDITION
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Farber Addition for Roger Farber,
dated November 8, 1989, consisting of 7.6 acres, a copy of which
is on file at the City Hall, is found to be in conformance with the
provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 16th day of
January, 1990.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
/r)
MEMORANDUM
4 TO: Planning Commission
FROM: Scott A. Kipp, Assistant Planner
THRU: Chris Enger, Director of Planning
DATE: December 8, 1989
SUBJECT: Farber Addition
LOCATION: 6525 Rowland Road
APPLICANT/
FEE DWNER: Roger Farber
REQUEST: Zoning District change from Rural to R1-22 on 3.7
acres with variances for road frontage to be
reviewed by the Board of Appeals, Preliminary Plat
of 7.6 acres into 3 single family lots, and on
outlot.
This project was continued from the November 13, 1989 Planning
Commission meeting to respond to neighbor concerns regarding
rezoning classification and future access to Outlot A. Since that
meetingrezoning classific the proponent ation from as gR1 513.5uetedadownnto R1-22.chage in the S�This should
help limit further subdividing. Dutlot A will remain in the Rural
Zoning District. The City has republished the project to reflect
the new rezoning request and has notified the surrounding property
owners.
Outlot A is proposed for future development. The understands that access to the Outlot may not be available whennent the
Bodin property to the east develops in the future. The previous
Farber Addition plans called for a cross-access easement from Lot
3 to Dutlot A to maintain access if not available from the east.
The neighbors of this proposed development were very concerned with
the provisions for cross-access to Outlot A along the wetland area,
and strongly opposed the easement, feeling that a future driveway
would be disruptive.
To respond to the neighborhood concerns, the current proposal is
to remove the cross-access easement and propose to donate Dutlot
A to the City for Park and Open Space purposes should public road
access not be available from the east. The Director of Parks,
Recreation and Natural Resources indicated his approval with this
arrangement.
If the Planning Commission feels that the rezoning of the property
to R1-22 and the arrangements for possible donation of Outlot A to
the City should development not be possible, Staff would recommend
approval
Plans 4 dated November 9,1 19895 thisaed memovember 8 and they
following:89, e Staff Report
4
1. Prior to Final Plat, the proponent shall:
(a) Receive variances from the Board of Appeals for lot
frontage down to 25 feet for Lots 2 and 3, in addition
to a variance for a driveway with less than a 3 foot
setback from a lot line.
(b) Await the completion of the Rowland Road feasibility
study and not proceed until such time as the letting of
the improvements takes place.
(c) Submit detailed grading, drainage, utility, and erosion
control plans for review by the City Engineer and
Watershed District.
(d) Enter into an agreement with the City for the donation
of Outlot A should access not be provided from the east.
2. Prior to Building Permit issuance, the proponent shall:
(a) Demonstrate that the basement floor elevation of the
proposed house on Lot 3 be constructed at or above the
existing basement floor elevation of 894.5 for the home
on Lot 2. In addition, submit a soil survey for the
location of the house on Lot 3 for determination of a
safe building pad.
(b) Notify the City and Watershed District at least 48 hours
in advance of grading.
(c) Pay the Cash Park fee.
(d) Provide a cross-access easement for a shared driveway for
Lots 2 and 3.
3. Access to Lot 1 will only be provided from Rowland Road.
4. The proponent shall acknowledge that as part of house
construction within this property, connection to City sewer
and water is required.
5. The proponent shall acknowledge that if future development
plans are submitted for Outlot A, a tree inventory will be
required.
If the Planning Commission feels that the timing of this proposal
is premature due to the need for Rowland Road upgrading, and the
extension of sanitary sewer to the property, then Staff would
recommend denial without prejudice.
FARBER1.SAK:mmr
f
(. MEMORANDUM
TO: Mayor and City Council
Parks, Recreation & Natural Resources Commission
THRU: Bob Lambert, Director of Parks, Recreation & Natural
Resources
FROM: Barbara Penning Cross, Landscape Architect -/
DATE: December 14, 1989
SUBJECT: Supplemental Staff Report to November 9 and December 8,
1989 Planning Staff Report Concerning the Farber Addition
In the Planning Staff memorandum, Scott Kipp mentions donating
Outlot A to the City. The parks, recreation and natural resources
staff see validity in owning steep wooded slopes and wetlands
located within the outlot. The following conditions must be met
in order for the City to accept dedication:
1. Cash park fees must be paid in addition to land dedication.
2. Access to the site is available.
BL:mdd
4� -
1
'k
Post-It'brano lax transmittal memo 7671 ,or pb9.s
/ FroT�
151 cha(A Smr,ta Ka6'c2
Co.
December 6, 1989
nwr. e"naal5^662-6o,,4,>
F�'��a/.2-5`J3-S513 `"'.?i5•.1/14,§79 Roger E. Farber, M.D.
925 Stoke Road
Villanova, PA 19085
Chris Enger
City Planning Department
City of Eden Praire
7600 Executive Drive
Eden Praire, MN 55344
Dear Mr. Enger:
I understand that you would i;ke a letter relative to the planned
subdivision of my property. In discussing it with Mr. Cardarelle I am
told that R22 is a reasonable option for the zoning, and I hope that
that doesn't limit the city in its options for the future should donation
of the outlot become a reality. Certainly the R22 designation is okay.
Further, the question then comes up relative to the outlot. Historically,
as you know, the city acquired from us the right to put a water and sewer
line behind our hill and on our land to serve Carmel. This water and
sewer line stretches from New Shady Oak Road, all the way to Carmel.
The city thus has a right-of-way to that back land. It would seem to
me that the 'Jack hill would logically fit with the developments of the
land of Bodine and Pavelka in the future. Should this not be possible, •
it is clearly my intention to offer this land to the city of Eden Praire. •
I would be most appreciative of having even a present day appraisal.
It would seem to me that the access of a drive down the sewer and water
line is valuable to anyone who owns that outlot, even if it only be for
access and safety purposes.
I hope this letter provides you the explanation you require.
Sincerely,
i7167t(/ a-r/V/
Roger t. Farber, M.D.
REF:ajg
cc: Frank Cardarelle, 8110 Eden Road, Eden Praire, MN
Charles Ruebling, 7195 David Lane, Eden Praire, MN
DEC �,,
•
(
STAFF REPORT
TO: The Planning Commission I
PROM: Scott A. Kipp, Assistant Planner
THRU: Chris Enger, Director of Planning
DATE: November 9, 1989
SUBJECT: Farber Addition
LOCATION: 6525 Rowland Road
APPLICANT/
FEE OWNER: Roger Farber
REOUEST: Zoning District Change from Rural to R1-13.5 on 3.7
acres with variances for road frontage to be
reviewed by the Board of Appeals, Preliminary Plat
of 7.6 acres into three single family lots, and one
outlot.
•
Background ----.._._.--
The Comprehensive Guide
Plan depicts this ,
property as a Low Density
Residential land use for ; _ 1 iC-HWY y.,.
up to 2.5 units per acre. / if ' 1
The site is currently R-;; ._5 , :, I , 1,_
zoned Rural, with I �;' + 'Y i Il � I 1
surrounding properties �` ' " Rtu`t3 a% L----1 , ,
zoned R1-13.5 to the t:! OF
southeast, west and \`, „ PROPOSED SITE -
northwest, Rural to the :1 , g 2 Z
east and north, with ''s ►�.y�(G O -
Bryant Lake Regional Park •���� U
to the south. An \ ,..44.44.i . , Z.
�♦ •existing home occupies • ♦♦♦ N
this site which currently ►♦♦� :'y
A
utilizes an on-site ' ^'' .septic system and well. �:.�.,[ 1^�. ? �-The site can be — _.__ RA2
characterized as a basin �\. \ 1 -- ,
varying in grade from an \ �"
elevation of 940 in the t i ' ? ••
; c,[ •
\\)
southwest corner of the ! ( i
property to the low area ' t , k� I a
of 885 located at the ' ", -.1 -+',
center of the site, with I _-,• \ �_,� ��1
the grade rising again in \ \`\.
the north to 920. Slopes I�f �11� --Ns .
�P t
AREA LOCATION MAP
( <
average 35% along the west and north portions of the site and 30%
along the southeast portion. The property is heavily wooded with
scattered oak, boxelder and birch, with the majority of the
significant trees located on the north knoll. The center portion
of the site consists of marsh type soils and an existing pond.
Preliminary Plat
The proposal is to subdivide the 7.6 acres into three single family
lots which will access Rowland Road and one outlot located to the
north for access at a future date. The proposed access to Lots 2
and 3 is by way of a driveway currently in place for the existing
home on Lot 2. This driveway averages in slope of 12%. Both of
these flag lots will require a variance from City Code for lot
frontage down to 25 feet. City Code requires 85 feet of frontage
in the R1-13.5 district. In addition, a variance for a shared
driveway will be necessary since Code requires driveways to be
setback three feet from a lotline. Site density for the project
excluding Outlot A is .75 units per acre. The three lots vary in
size from .5 acre minimum up to 1.7 acres. A drainage and utility
easement is proposed for that portion of the property where
development cannot occur due to poor soils and drainage.
The proponent has placed the northern half of this property into
an outlot, stating that access will take place from the east when
the Bodin property develops. Staff has talked to Mr. Bodin, who
indicates no development plans at this time.. The proponent has
supplied a concept plan for the Bodin property which indicates
access to the northern parcel of Outlot A and to the southern
portion of Outlot A by way of two cul-de-sacs. Since Mr. Bodin has
not proposed any development plans for his property, it is
difficult to say with certainty that access will be provided to
these areas of Outlot A since much of the Bodin property is also
within an area of poor soils.
The Farber property currently has public road frontage along
Rowland Road. Since this is the: case, no guarantees can be made
by the City that future road access will be made available to
Outlot A for its development. With this in mind, Staff would
recommend that Outlot A be combined at this time with Lot 3 so that
access to all the property is maintained. In the future, should
the Bodin property provide access to the northern half of this
property, then a replat of Lot 3 into additional lots could take
place. A cross access easement should be incorporated into that
portion of Lot 3 in the event that access will not be provided from
the east.
2
C
City Staff has conceptually evaluated the construction of a public
roadway within the Farber property, and has concluded that due to
extensive grade changes, large amounts of fill would be necessary
together with extensive tree loss in order to maintain maximum
allowable road grades. The existing driveway, at a slope of
approximately 12%, will make ingress and egress rather difficult
in winter conditions. As a comparison, standard City road
construction limits maximum road grade to 8%. School Road, near
Scenic Heights, constructed years ago, is at a grade of 11%.
Grading and Drainage
The proponent has supplied a topographic map which indicates
existing grades, proposed house pad locations, and a tree inventory
for those trees within the house pad area. In addition, the
proponent has submitted calculations of an area wide tree inventory
based on acreage per City direction. This inventory was conducted
for the area south of Outlot A. Based on the areawide survey, a
calculated total of 816 caliper inches occupy the site. The
location of the house pads indicate that all significant trees will
remain as the site develops. Even if a few significant trees were
to be removed, say 50 inches, tree replacement would be less than
three total inches. Because the northern half of the Farber
property is proposed for future development, a detailed tree
inventory was not conducted. When a development request is
submitted for the northern half of the site, an additional tree
inventory will be required.
The wetland portion of this property is part of an overall drainage
basin which extends easterly to Shady Oak Road. The proponent has
indicated the walkout elevation of the house on Lot 3 to be 895
minimum. The existing Farber home sits at an elevation of 895.4
and has not experienced any flooding. The Nine Mile Creek
Watershed District has not established a 100 year floodplain
elevation for this pond. Because of the size of the wetland area
and the continuing development around the wetland, Staff would
recommend that the proponent, and neighboring developments, work
with the City and Watershed District to establish the 100 year
floodplain elevation. Then the proposed house location can be
verified to be two feet above this designated 100 year flood
elevation.
Since the building pad area for proposed Lot 3 is near an area of
poor soils, Staff recommends that prior to issuance of a building
permit for Lot 3, a soil survey be prepared to demonstrate safe
placement of the house pad location.
3
/n
C
Utilities
Utilities are available to this property with connection to City
water and sewer along Rowland Road. City sewer terminates
approximately 100' to the east of this property. Extension of the
sewer to the west lot line of this property will be required. Due
to the extensive grade change on the property, ejector pumps will
be required for Lots 2 and 3. Lot 1 will utilize a gravity system.
City sewer and water also currently exist on the north side of this
property, should the northern portion of the site be developed into
single family lots in the future.
A.2.2AZI
Access to the three single family lots will occur off of Rowland
Road.irements The proponent has indicated that the site vision distance
criteria. speed
Staff has forhis access exceed the 30 mphfield checked the sight distance andg concurs,
however, because traffic tends to exceed the 30 mph limit, the
threshold for a safe sight vision distance decreases dramatically.
A feasibility study is currently underway for the upgrading of
Rowland Road. This upgrading shall include extension of sanitary
sewer, curb and gutter and the improvement of site vision distance
throughout its extent. Timing of the improvements has not yet been
established. The proponent has indicated that he would not be
extending sanitary sewer to this property before the upgrading of
Rowland Road. Since the R1-13.5 Zoning District requires
connection to City sewer and water, no final platting shall be
approved until that time when sanitary sewer will be available to
the property with the upgrading of Rowland Road.
As stated earlier, the proponent has indicated future access to the
northern part of his property by way of the Bodin property to the
east. Since the Farber property currently has public road access,
the City cannot guarantee future road access at a later date should
the proponent request platting that would "landlock" this area.
Again, Staff would recommend that Outlot A be combined with Lot 3
until such time when it is known if access will be provided. The
proponent should include a cross access easement to the northern
half of Lot 3 in the event access is not provided by way of the
Bodin property.
A cross access agreement will be necessary for the shared driveway
to Lots 2 and 3 to ensure maintenance and snow removal
responsibilities, etc.
4
�h)
c (
Recommendations
If the Planning Commission feels that the timing of this proposal
is not premature to the upgrading of Rowland Road, and the
extension of sanitary sewer to the property, then Staff would
recommend approval based on revised plans dated November 8, 1989,
this Staff Report, and the following:
1. Prior to City Council, the proponent shall:
(A) Combine Outlot A into Lot 3 in addition to a cross access
easement for future access, until it is known if access
will be provided from the east.
2. Prior to Final Plat, the proponent shall:
(A) Receive variances from the Board of Appeals for lot
frontage down to 25' for Lots 2 and 3, in addition to a
variance for a driveway with less than a three foot
setback from a lot line.
(B) Await the completion of the Rowland Road Feasibility
Study and not proceed until such time as the letting of
the improvements takes place.
(C) Submit detailed grading, drainage, utility, and erosion
control plans for review by the City Engineer and
Watershed District.
3. Prior to building permit issuance, the proponent shall:
(A) Demonstrate that all building elevations are a minimum
of 2 feet above the determined 100 year flood plain
elevation. In addition, submit a soil survey for the
location of the house on Lot 3 for determination of a
safe building pad.
(B) Provide evidence of recording of the cross access
easements and maintenance agreements for Lots 2 and 3.
(C) Notify the City and Watershed District at least 48 hours
in advance of grading.
4. The proponent shall acknowledge that as part of house
construction within this property, connection to City sewer
and water is required.
5
C I
5. The proponent shall acknowledge that if future development
plans are submitted for the northern half of this a tree inventory will be required. property,
If the Planning Commission feels that the timing of this proposal
is premature due to the need for Rowland Road upgrading, and the
extension of sanitary sewer to the property, then Staff would
recommend denial without prejudice.
FARBER.SAK:mmr
6
SANDRA A.LANDUCCI
8347 WINDSONG DRIVE
EDEN PRAIRIE,MN 55344
TO: Board of Appeals November 13, 1989
City OF Eden Prairie
Subject: Farber Development
Appeal for joint driveway and 25' lot Frontage
on Rowland Road For lots 2 6 3.
My husband, Steve Guyette and I request that this appeal be
denied for the Following reasons:
We have started construction on the adjacent lot (SE corner)
at 6529 Rowland Road.
1. This would create a dangerous driveway.
a. The driveway is extremely steep (a 12' drop)
and curves making it impossible to see up
or down coming traffic.
b. With our house development and development
of Farber lot #1, children can be playing on
or near this driveway which would be difficult
at best to see by drivers.
2. Adversely affect our lot at 6529 Rowland Road.
a. With two families of cars, the increased
traffic would create noise and privacy
invasion of our property.
3. Existing city codes.
a. We purchased our lot in April 1988 based on
the fact that this property could not be
developed. We checked extensively with the
City of Eden Prairie and was told that current
codes would not allow development.
4. Eden Prairie residents.
a. My husband and I have been Eden Prairie
residents for the last six years. I am
a volunteer fire fighter in the city since
March 1985.
b. Mr. Farber no longer lives on the property,
nor in the city, nor in the state and has
nothing to gain but profits by this development.
5. The Planning Commissions report-
a. If you read this report thoroughly you will
see there are many other problems to this
development. Grading issues, soil problems,
Rowland Road itself. It just•seems like Farber
is trying to make something work here when it
really is not in the best interest of the city
long term.
I have attached pictures For your review. Thank you for your
consideration.
/* / c."1-1 4d; I/
f
Ac r.�
Crr`
\ate
y. arc-re
/6‘-1
- MEMORANDUM -
TO: Mayor and City Council
FROM: Eugene A. Dietz
DATE: January 9, 1990
RE: Property Division at 13008 Gerard Drive
Attached is a package of information regarding a proposed division of
property located at 13008 Gerard Drive, owned by Mr. and Mrs. Larry Hanson.
The proposal would divide the Hanson property such that the easterly 33 feet
would be severed and attached to the lot lying immediately to the East.
Ordinarily this is a simple division of property and is handled
administratively by the City Engineer or Director of Public Works. However,
as you will note in the attached information, we had objections from two of
the neighboring property owners and an expansion of the administrative
division process is therefore required to resolve the issue.
Lillian Beckman and her deceased husband owned the property East of the
Hanson parcel for many years. Sometime during that ownership, the Hansons
came to understand that the Beckman's driveway was built across their
property. Apparently, the Hansons, to protect themselves, put Lillian
Beckman on notice that the encroachment existed, but essentially gave her a
personal easement to utilize the driveway as long as she lived there. I
believe that Mrs. Beckman is in a nursing home at this time and the property
is in the process of being sold. Through a series of negotiations, the
Hansons have agreed to sell the easterly 33 feet of their property to resolve
this issue. The buyer has some tentative subdivision plans in mind for the
property but this division and sale are not subject to approval of any
subdivision of the property by the City of Eden Prairie. In other words, the
new owner of the Beckman property may have additional plans in mind, but
there has been no formal application for additional subdivision at this time.
The concept of adding an additional 33 feet of property to the Beckman parcel
and thereby making it "easier" to subdivide it in the future is a primary
objection by the adjacent owners named Siefferman and Huntley.
The position I have taken on this proposed division has been that it is a
stand-alone request and it meets the criteria as established in Chapter 12
for an administrative division. However, due to the objections by adjacent
property owners we have expanded the process to include a public hearing
before City Council so that you may make the final decision. Since no
special procedures exist for this kind of situation, we have published a
notice in the January 10, 1990 Eden Prairie News and mailed notices to
approximately 40 property owners within 500 feet of the Hanson property.
I'J.�
Page 2 of 2
This project has not been before the Planning Commission and does not include
all of the detailed requirements for preliminary and final platting as
prescribed in Chapter 12 of our City Code. However, Section 12.60.
Subdivision 2. states "In the case of a subdivision of small size and of
minor importance situated in a locality where conditions are well defined the
Council may exempt the subdivider from complying with the requirements
stipulated in this Chapter". As conveyed in the letters to the property
owners in the neighborhood, any future subdivision of the Beckman property
would be reviewed through the formal platting process and be the subject of a
public hearing before Planning Commission and City Council.
While I have not conveyed this to the Huntley's and the Siefferman's, prior
to their ownership of the homes that they live in on Edgewood Court, the
developer sought and was granted an administrative division that made a minor
change in their property lines to allow the Huntley floor plan to be
constructed. Clearly, adjustments in property lines to solve special issues
that do not create additional buildable lots have always been reviewed
favorably by the City. I would recommend that the division as proposed be
approved, subject to the 33 feet being incorporated onto the Beckman parcel
and that the issue of future subdivision of the Beckman parcel be excluded
from consideration until or if a formal application is received.
EAD:ssa
Dsk#1-PROP-DIV.LH
cc: Larry Hanson
/&1
CARDARELLE &ASSOCIATES,Inc. Levu Surveyors ���
94t•3031 Eden Frame,MN 55344
Qtrtifirate Of iburt)
•
Survey For Ie rry L. Henson Book _Page_Fie 139174
13008 Gerard Srlve
Eden Prairie 55346
N8d"'W'IS'W -
\ 395O' Nora[ hem°f 5...1O,T.116,k,22
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Sketch of Larry L. Hanson pronerty and
house location at 13008 Gerard Drive,
except the East 33 feet thereof as
described on sheet 2. \
Description - see sheet 2 iI
This plan. Specification or report vas a
prepared bya me or under my d:rent super-
vision, and that I am duly Registered
Land Surveyor in the State of Minnesota. 1 j
Signed this :3 day of Dec ,
1989• p:101.95 r
\ ..7
ank if. Cardareife State Reg, No. 6508 GCC nra �rrvt
2
VP
City of Eden Prairie ederr
•
City Offices �.1
Executive Orive•Eden Prairie,MN 55344-3677•Telephone(612)937-2262 +ralrlM.
RE: Property Division at 13008 Gerard Drive
Dear Property Owner:
Enclosed is a notice of a hearing to be held regarding the division of property
owned by Larry Hanson at 13008 Gerard Drive. The proposal, if approved by the City
Council, will divide the easterly 33 feet from the Hanson parcel and attach said 33
will feet to the property lying immediately to the east--12900 Gerard Drive. The result
increase to reduce
the lotsi he lot
008 Gerard
Drive by zeat12900 GerarrdDrive byacorrespondingtamount. acre and to
The procedure being followed is an extension of the administrative division process.
In this case, no new buildable lot will emerge with this division. If further
subdivision (creation of a buildable lot) of either parcel is proposed in the
future, it will be reviewed through the formal hearing process before the Planning
noticesofnthe and
public the ihearings Council.
and be invited to comment,
Should
ithat
you will be given written
Sincerely,
CITY OF EDEN PRAIRIE
ug e A. Dietz, P.E.
Director of Public Works.
Enclosure: Hearing Notice
/63
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the Eden Prairie City Council will meet in the City
Hall Council Chambers, 7600 Executive Drive, at 7:30 p.m. on Tuesday, January 16,
1990, and will during said meeting conduct a public hearing on the request of Larry
Hanson to divide the easterly 33 feet from the property located at 13008 Gerard
Drive and to combine said 33 feet with the property at 12900 Gerard Drive.
All comments, suggestions, and/or inquiries should be submitted hi advance of the
meeting or at the meeting itself. A copy of the proposed plan is on , file at the
City Hall Engineering Division and may be inspected between the hours of 8:00 a.m.
and 4:3D p.m., Monday through Friday.
Published in the Eden Prairie News on January 10, 1990.
•
/G,/
r
CITY OF EDEN PRAIRIE
APPLICATION FOR AN ADM1,VISTRATIVE
LAND DIVISIONA ERcuT°""rJ "
CITY ORDINANCE NO. 161
PROP. DIV. FILE: SEC. P.I.D.
LEGAL DESC.
THE UNDERSIGNED, BEING FEE OWNER(S) OR CONTRACT FOR DEED PURCHASER(S) OF
THE PROPERTY PROPOSED TO BE DIVIDED, HEREIN REQUEST AN ADMINISTRATIVE
DIVISION OF LANDS AS SHOWN ON THE ATTACHED CERTIFIED LAND SURVEY PURSUANT
TO CITY ORDINANCE NO. 161.
APPLICANT://rY�7�J AA/C / Ion56`A
ADDRESS: /3n0 er,9rJ De; ay`/-t97to
TELEPHONE: (Home)
(Works
FEE: $50.00--
DATE APPLICATION FILED ////S,F`f
RCT. N 57,3
1
II
SURVEYORS AND LAND DEVELOPERS 12/11/1989
^ardare e& Associates,Inc.
8108 EDEN ROAD
EDEN PRAIRIE,MINNESOTA 55344
(612)941-3031
DESCRIPTION FOR LARRY L. HANSON
That part of the East one-half of the Northeast one-quarter
of Section 10, Township 116, Range 22 described as follows:
The East 33 feet, as measured at right angles, to the East
line of the following described parcel:
Commencing at a point in a line which bears North 71
degrees 30 minutes West 574.7 feet from a point in East
line of Section 10 distant 841.64 feet South of Northeast
corner thereof; thence North 71 degrees 30 minutes West
21.1 feet; thence Westerly and Southerly on a tangential
curve to the left with a radius of 101.98 feet a distance
of 140.95 feet; thence North 18 degrees 8 minutes West to
the North line of said section; thence East along said
North line to a point 545 feet West of Northeast corner
thereof; thence South 670 feet more or less to beginning.
l 66
ep
City of Eden Prairie edam
City Offices prairies;
Executive Drive•Eden Prairie,MN 55344-3677•Telephone(612)937-2262
December 15, 1989
Mr. and Mrs. Floyd Siefferman, Jr. i• •-A
6997 Edgebrook Place Jp
Eden Prairie, MN 55346 �utiP
RE: Administrative Division
Larry Hanson Property
Dear Mr. and Mrs. Siefferman:
Recently, you were approached by Mr. Hanson, 13008 Gerard Drive, regarding the
proposed-Administrative Division of his property. The enclosed sketch shows the
proposed division, which would split the east 33 feet from his overall parcel for
combination with the property lying immediately to the east. Apparently, the
driveway for the eastern parcel was constructed on the Hanson property. The
proposed sale of that estate has resulted in the need to resolve this issue and
therefore this proposed Administrative Division.
The City Code provides that subdivisions of this nature can be handled administra-
tively upon the finding of the following:
1. The division will not result in more than two parcels;
2. No code violations will result from the division;
3. The resulting parcels generally conform to the shape and area of existing or
anticipated land divisions in the surrounding area; and
4. The owners of contiguous parcels of land file no written objections within
ten days or otherwise indicate in writing that they have no objections.
The form letter that Mr. Hanson asked you to sign is the format which the City
follows to ensure compliance with the City Code as specified in Item #4 above.
You elected not to sign the form letter, therefore this letter is being addressed
to you to provide proper notification.
From the date of this letter you have ten (10) calendar days to direct a written
objection concerning this proposed division to my attention. If we have not
received a written objection, we will proceed with the Administrative Division.
If you do file a written objection, the more formal process of subdivision through
the Council procedures will follow.
If you have questions about this information or wish to discuss the matter
further, please contact me directly.
Sinc ly,
Eugene A. Dietz, P.E.
ti✓ Director of Public Works
EAD:ssa
1
cc: Larry Hanson 1(0 )
SALITERMAN 8 SIEFFERMAN
._LITTORNEY)AT LAW
SUITE I2W,FIRST BANK PLACE WEST
I20 SOUTH SIXTH STREET
MINNEAPOLIS.MINNESOTA 554U2
RICHARD A.SALITERMAN (6121 3.3'1-14W
FLOYD L.SIEFFERMAN,IR, - FAX Iti121.75373 o8
PAUL W.[MINING TELEX 25373
IEFFREY W. THONE OF COUNSEL
NICHOLAS M.WENNER December 19, 1989 JAMES V.HARMON
DARRYL R.FENLEY PATENT nlrcaMr
Win MANAGER
City of Eden Prairie VIA CERTIFIED MAIL
7600 Executive Drive RETURN RECEIPT REQUESTED
Eden Prairie, Minnesota 55344-3677
ATTN: Eugene A. Dietz
Director of Public Works
IN RE: Written Objections of Floyd E. and Jane D.
Siefferman to Proposed Subdivision of Larry Hanson
Property, 13008 Gerard Drive.
Gentlemen and Mr. Dietz:
This will constitute the written objection of the undersigned
owners of adjoining property to the proposed subdivision of land
above referred to.
There is no reason why a simple grant of easement will not solve
the alleged problems, as would the construction of a new driveway
to serve the proposed grantee property. The undersigned would
also consider withdrawing this objection if the owners would
agree by Covenants on the public records of the Registrar that
there would be no division of the land of the parties to this
transaction for the space of thirty (30) years, being the dura-
tion of such covenants running with the land.
•
Among other grounds of objection, I point out the following:
1. The proposed additional parcel measuring
approximately 33' by 670' does not conform to the shape
and area of existing or anticipated land divisions in
the area, and thus does not legally qualify for subdivi-
sion under the City Code.
City of Eden Prairie December 19, 1989
ATTN: Eugene A. Dietz
Page 2
2. The proposed subdivision would permit further
subdivision of the Grantee parcel which would not be
practically possible otherwise. Such further subdivi-
sion would be contrary to my reasonable expectations at
the time of purchase as to neighborhood stability and
proximity of adjacent homes to my very shallow lot -- on
which premise I have been heavily taxed based upon the
City's contention that I am "safe" from exactly such
action as is now proposed to begin.
3. The proposed frontage (33 feet) does not meet
zoning requirements for a new parcel of land in the area
where located.
4. Other objections will be presented at Council
consideration.
Sincerely yours,
ra4tloyd E. Sierman Jr
.
Individually and as Attorney at Law
for Jane Day Siefferman
FES:drf
cc: Mr. and Mrs. Larry Hanson
Mr. and Mrs. David Huntley
• r
December 22, 1989
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344-367
Attn: Eugene A. Dietz, P.E.
Director of Public Works
Ref: Administrative Sub-Division
Larry Hanson Property
Dear Mr. Dietz:
This letter will serve as written objection to the proposed sub-
division of the Larry L. Hanson Property located at 13008 Gerard
Drive, Eden Prairie, MN. I am in full support of the position
taken by Mr. Siefferman in his December 19, 1989 letter relative
to the same proposed sub-division. I would be in a full support
of an easement being granted on the subject property providing
access to the residence or would be likewise agreeable to
withdrawing my objection if covenants restricting further division
of the property would be imposed.
My objections are based on the same issues raised in Mr.
Siefferman's letter and in particular Number 2 relative to the
understanding I had at the time that I purchased this property.
As indicated by Mr. Siefferman, the size of the lots adjacent to
the proposed property do not make it conducive to further sub-
division of that property and additional building.
1
i iJ
Page 2
12/22/89
It would certainly appear that resolution to the problem relative
to access can be achieved without the proposed sub-division
indicated.
Respectfully yours,
l:211Q
'LL---1 /
D vid J. Hu ley
7000 Edgebrook Place
Eden Prairie, MN 55346
cc: Mr. & Mrs. Larry Hanson
Mr. & Mrs. Floyd Siefferman
a:prpty.d2
1
r1)I
Published 12/27/89
VAC 90-0I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 90-13
VACATION OF UTILITY ANO DRAINAGE AND UTILITY
CONSTRUCTION ANO MAINTENANCE EASEMENTS ON
LOT 1, BLOCK 1, CHASE POINT
WHEREAS, the City of Eden Prairie has certain utility and drainage easements
and a utility construction and maintenance easement described as follows:
The drainage and utility easements and the utility construction and •
maintenance easement per Document No. 1643534 that lie within Lot 1,
Block 1, CHASE POINT, according to the plat thereof on file or of record
in the office of the Registrar of Titles.
WHEREAS, a public hearing was held on January 16, 1990, after due notice was
published and posted as required by law;
WHEREAS, it has been determined that the said utility and drainage easements
and said utility construction and maintenance easement are not necessary and
( have no interest to the public, therefore, should be vacated.
• NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said utility and drainage easements and said utility construction
and maintenance easement as above described are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of the
proceedings in accordance with M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on January 16, 1990.
Gary 0. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Clerk
,(f '
JANUARY 16.1990
56830 JON OTTERLEI/GUDRUN OTTERLEI/ -ACOUISTION OF PREMISES-LOT 3 BLOCK 2- 530000.00
EDEN PRAIRIE INDUSTRIAL CENTER
56831 JON OTTERLEI -REIMBURSEMENT FOR TAXES ON PREMISES-LOT 10198.42
3 BLOCK 2-EDEN PRAIRIE INDUSTRIAL CENTER
(.,6832 EAGLE WINE CO WINE 617.27
56833 GRIGGS COOPER & CO INC LIQUOR 8206.63
56834 JOHNSON BROS WHOLESALE LIQUOR LIQUOR 4281.69
56835 ED PHILLIPS & SONS CO LIQUOR 6352.52
56836 PAUSTIS & SONS CO WINE 113.45
56837 QUALITY WINE CO WINE 2521.56
56838 PRIOR WINE CO WINE 728.06
56839 AT&T CONSUMER PRODUCTS DIV SERVICE 29.25
56840 MINNEGASCO SERVICE 173.13
56841 NORTHERN STATES POWER COMPANY SERVICE 26916.76
56842 NORTHERN STATES POWER CO SERVICE 12157.79
56843 U S WEST COMMUNICATIONS SERVICE 559.56
56844 PETTY CASH CHANGE FUND-PROGRAM SUPERVISOR 50.00
56845 PETTY CASH-POLICE OEPT EXPENSES-POLICE DEPT 32.15
56846 CITY OF MINNETONKA EXPENSES-ADMINISTRATION/CITY COUNCIL 50.00
56847 PETTY CASH-COMMUNITY CENTER EXPENSES-COMMUNITY CENTER 36.22
56848 BIRTCHER WELSH JANUARY '90 RENT-CITY HALL 19384.65
56849 JASON-NORTHCO PROP LF'H1 JANUARY '90 RENT-LIQUOR STORE 6983.36
56850 EARL F ANDERSEN & ASSOC INC FENCE/SIGN CLIPS/SIGNS-STREET DEPT 513.10
56851 STATE OF MN BIKE REGISTRATIONS 5.00
56852 LES BRIDGER 1990 UNIFORM ALLOWANCE 400.00
56853 THOMAS BROWN 1990 UNIFORM ALLOWANCE 400.00
56854 DANIEL CARLSON 1990 UNIFORM ALLOWANCE 400.00
56855 JAMES CLARK 1990 UNIFORM ALLOWANCE 400.00
-'S56 JOHN CONLEY 1990 UNIFORM ALLOWANCE 400.00
357 JDYCE CONLEY 1990 UNIFORM ALLOWANCE 400.00
. 56858 DEAN CORDER 1990 UNIFORM ALLOWANCE 400.00
56859 JAMES DE MANN 1990 UNIFORM ALLOWANCE 400.00
56860 BRENT DUPONT 1990 UNIFORM ALLOWANCE 400.00
56861 MBA DESKTOP PUBLISHING PLUS -TYPESETTING-OUTDOOR CENTER PROGRAMS/ 75.00
RECREATION SUPERVISOR
56862 MORLEY BUS COMPANY BUS SERVICE-NEIGHBORHOOD OUTREACH PROGRAM 300.00
56863 FINA ICE SHOW COSTUMES-COMMUNITY CENTER 290.90 `
56864 UNIVERSITY OF MINNESOTA CONFERENCE-BUILDING INSPECTIONS DEFT 1040.00
56865 CAFE ON THE POND EXPENSES-HUMAN SERVICES DEPT 13.50
56866 MINNEGASCD SERVICE 3418.72
56867 STAT MEDICAL INC FIRST AID RESCUE EQUIPMENT-FIRE DEPT 73.05
56868 NORTHLAND ELECTRIC SUPPLY CO -ELECTRICAL WIRE/CONNECTIONS/FUSEHDLDERS/ 135.15
PROBE TIPS/CONTACTORS-STREET LIGHTING
56869 B F B SUPPLY CO TARGETS/ARROWS/BOWS-DAY CAMP 139.4E
56870 LAND EQUIPMENT INC ROLLER & TRAILER RENTAL-STREET MAINTENANCE 180.00
56871 LAMBERT SOD T, LANDSCAPING SOD-WATER. DEPT 370.40
56872 METROPOLITAN WASTE CONTROL RED ROCK INTECEPTOR FINAL PAYMENT 1568000.00
56877 STATE OF MINNESOTA MOTOR VEHICLE REGISTRATIONS 85.00
56874 A 0 GUTTERMAN REFUND-SKATING LESSONS 2.00
56875 MARY JEAN STEINGART REFUND-SKATING LESSONS 37.00
56876 SUPPLEE'S 7 HI ENTER INC JANUARY '90 RENT-LIQUOR STORE 4928.05
56877 THE CONFERENCE CORPORATION CONFERENCE-FIRE DEPT 330.00
56878 BARTON ASCHMAN ASSOC INC SERVICE-HIGHWAY 5 TO COUNTY RD 4 129074.07
56879 FINA FIGURE SKATING COSTUMES-COMMUNITY CENTER 290.90
30 ALL AMERICAN BOTTLING CORE MIX 141.08
234297445
(')
I.
JANUARY 16.1990
f
56881 BEER WHOLESALERS INC BEER 2741.50 .4
56882 DAY DISTRIBUTING CD BEER 5720.90 !'
56883 EAST SIDE BEVERAGE CO BEER 14160.95 !'
36884 HOME JUICE PRODUCTS MIX 75.66 j
56885 KIRSCH DISTRIBUTING CO BEER 168.52
56886 MARK VII DISTRIBUTING COMPANY BEER 14408.63 ,}
56887 MIDWEST COCA COLA BOTTLING CO MIX. 731.12
56888 PEPSI COLA COMPANY MIX 585.89
56889 THORPE DISTRIBUTING COMPANY BEER 19637.70
56890 EDEN PRAIRIE GROCERY POSTAGE-SENIOR CENTER SURVEY 71.75
56891 JAMES DEVELOPMENT COMPANY SERVICE-CITY WEST PARKWAY EXTENSION 22455.18
56892 NODLAND CONSTRUCTION CO -SERVICE-COUNTRY GLEN UTILITY & STREET 16224.40
IMPROVEMENTS
56893 NORTHDALE CONSTRUCTION CO -SERVICE-MITCHELL/RESEARCH ROAO & WEST 30753.77
-76TH ST IMPROVEMENTS/GOLDEN TRIANGLE
DRIVE IMPROVEMENTS/COUNTY RD 1 WATER MAIN
56894 ACRO-MINNESOTA INC OFFICE SUPPLIES-CITY HALL/POLICE DEPT 1472.36
56895 AIM ELECTRONICS INC SCOREBOARD REPAIRS-ICE ARENA-COMMUNITY CTR 166.35
56896 AIRSIGNAL INC PAGER SERVICE-COMMUNITY CENTER 14.00
56897 AMERICAN LINEN SUPPLY CO UNIFORMS-COMMUNITY CENTER 54.28
56998 AMERICAN RED CROSS -VIDEO/TRAINING MATERIALS-POOL LESSONS/ 63.00
AQUATICS SUPERVISOR
56899 EARL F ANDERSEN & ASSOC INC -SIGNS/DECALS/74 SIGN POSTS-$1494.80- 1685.55
STREET DEPT
56900 RICHARD T ANDERSON -SEPTEMBER/OCTOBER/NOVEMBER/DECEMBER '89 729.50
EXPENSES-CITY COUNCIL
56901 ANDON INC HELIUM TANK & VALVE RENTAL-SPECIAL EVENTS 49.00
56902 ASSN OF METROPOLITAN MUNICIPALITI DUES-CITY COUNCIL 3437.00
56903 ASTLEFORD INTL INC -SHIFT KIT/EXHAUST PIPE/WINTER. PANEL- 68.18
4 EQUIPMENT MAINTENANCE
56904 B & S TOOLS SOCKET-EQUIPMENT MAINTENANCE 37.70 '
56905 BACHMAN'S EXPENSES-CITY HALL/SENIOR CENTER 82.50
56906 BARTLEY SALES COMPANY INC VALVE-FACILITIES DEPT 20.00
56907 BARTON ASCHMAN ASSOCIATES INC SERVICE-HIGHWAY 5 TO COUNTY ROAD 4 31945.01
56908 BATTERY 1, TIRE WAREHOUSE INC -CLAMPS/SPARK PLUGS/SIGNAL FLASHERS/DIESEL 402.91
-FUEL CONDITIONER/THERMOSTATS/ANTI-FP.EE2E-
EQUIPMENT MAINTENANCE
56909 BECKER ASSOCIATES INC ACRYLIC SHEETS-COMMUNITY CENTER 231.63
56910 BENSHOOF & ASSOCIATES INC SERVICE-TRAFFIC STUDY 1600.00
56911 BIG A AUTO PARTS - CHANHASSEN -BRAKE DRUMS/TIRE TUBES/FUEL CONOITIONER/ 1265.40
-TANK HEATERS/FILTERS/TAIL PIPES/MUFFLER/
-HANGER/BRAKE PADS/HOSES/BULBS/SEALANTS/
CALIPERS-EQUIPMENT MAINTENANCE/SEWER DEPT
56912 CITY OF BLOOMINGTON NOVEMBER B9 ANIMAL IMPOUND SERVICE 650.00
56913 LDIS BCETTCHER -MINUTES-PARK RECREATION & NATURAL 66.50
RESOURCES COMMISSION
56914 THE BRAUER GROUP SERVICE-PURGATORY PARK SITE SURVEY 495.00
56915 BRAUN ENG TESTING INC -SERVICE-RESEARCH & MITCHELL RD/BLUFF RD 7898.30
-STREET & UTILITY IMPROVEMENTS/CEDAR RIDGE
STORM SEWER
56916 PP.W INC -SERVICE-DELL RD/EVENER WAY FEASIBILITY/ 25257.31
-COLUMBINE RD FEASIBILITY/VALLEY VIEW RO-
-BITTERSWEET TO HOWARD/MITCHELL TO COUNTY
ROAD 4/PRAIRIE CENTER DRIVE
917 BUSINESS CREDIT LEASING INC FEBRUARY 90 COPIER RENTAL-FIRE DEPT 192.75
17g
• A'
JANUARY 16.1990
56918 C & N W TRANSP CO STORM SEWER RENTAL-DRAINAGE CONTROL 60.00
56919 CENTRAIRE INC WIRE REPAIR-FIRE STATION 225.00
56920 CLEAN SWEEP INC STRIPING-PARK MAINTENANCE 573.23
6921 COMMISSIONER OF REVENUE DECEMBER 89 FUEL TAX 2I8.20
J6922 COMMUNICATIONS CENTER RADIO REPAIR-WATER DEPT 10.00
56923 CONCEPT MICROFILM INC MICROFILMING-ENGINEERING DEPT 173.60
56924 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-EQUIPMENT MAINTENANCE 326.75
56925 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT 286.53
56926 CORPORATE RISK MANAGERS INC DECEMBER 89 INSURANCE CONSULTANT 560.00
56927 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 8267.49
56928 D & K PRINTING PLUS INC -PRINTING-OUTDOOR CENTER PROGRAMS/SENIOR 538.30
NEWSLETTER
56929 WARD F DAHLBERG DECEMBER 89 EXPENSES-LIQUOR STORES 80.00
56930 DALCO CLEANING SUPPLIES-COMMUNITY CENTER 200.17
5693I DECORATIVE DESIGNS JANUARY '90 SERVICE-CITY HALL 49.50
56932 CRAIG DAVIDSON -REFUND-DUPLICATE PAYMENT OF SPECIAL 1650.00
ASSESSMENTS
56933 DELEGARD TOOL CO -342 PIECE TOOL SET W/CABINET-$1595.00- 1795.84
-SEWER DEFT/JACK HAMMER/HAMMER/DRILL SET-
PARK MAINTENANCE
56934 DEPARTMENT OF LABOR & INDUSTRY BOILER & TANK LICENSES-WATER DEPT 40.00
56935 EUGENE DIETZ DECEMBER 89 EXPENSES-ENGINEERING DEPT 200.00
56936 TERRY BILLING REFUND-OVERPAYMENT UTILITY BILLING 76.99
56937 DOMESTIC MECHANICAL REFUND-MECHANICAL PERMIT 77.75
56938 THE ECONOMICS PRESS INC SUBSCRIPTION-ADMINISTRATION 136.99
56939 EOEN PRAIRIE APPLIANCE OVEN DOOR REPAIR-POLICE DEPT 39.95
56940 EDEN PRAIRIE CENTER NH PARTNERSHI REFUND-TRAFFIC STUDY DEPOSIT 2000.00
56941 EDEN PRAIRIE CHAMBER OF COMMERCE EXPENSES-ADMINISTRATION 16.00
-5942 EDEN PRAIRIE HIGH SCHOOL ART CLUB FACE PAINTING/FEES PAID 30.00
,943 EMPRO CORPORATION TRIGGERS-FACILITIES DEFT 53.20
56944 CHRIS ENGER SEWER SERVICE REPAIRS-SEWER DEPT 304.00
56945 EXIDE CORPORATION BATTERIES-EQUIPMENT MAINTENANCE 163.20
56946 FEIST BLANCHARD CO -SWITCHES/CARBURETORS/FUEL PUMF/HOSES/ 1038.07
-WATER PUMP/VALVES/BRAKE SHOES/HEATERS/
-ROTOR PARTS/THERMOSTATS/BELTS/COILS-
EQUIPMENT MAINTENANCE
56947 FLOYD SECURITY -1ST QUARTER '90 SECURITY SYSTEM-LIQUOR 398.00
STORE
56948 FORD MOTOR CREDIT CO -FEBRUARY '90 COPIER INSTALLMENT PAYMENT- 300.00
POLICE DEPT
56949 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LI000R STORES 1147.97
56950 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 1656.76
5695; GENERAL SAFETY EQUIPMENT CORP MODIFICATIONS TO AERIAL UNIT-FIRE DEFT 9580.00
56952 GEORGE PRINTING & LITHOGRAPHY INC -POSTERS-MARTIN LUTHER KING JR CELEBRATION- 367.00
HUMAN RESOURCES DEPT
56953 GOODIN COMPANY -PRESSURE BOOSTER PUMPS FOR TRUNK LINES- 7777.90
WATER DEFT
56954 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAINTENANCE 3153.36
56955 ALAN GRAY DECEMBER 89 EXPENSES-ENGINEERING DEPT 200.00
56956 HANSEN THORP PELLINEN OLSON INC -SERVICE-PIONEER TRAIL & COUNTY RD 18 27023.44
-DRAINAGE STUDIES/HAMILTON RD/BLUFF RD/
-COUNTY RD 4 & PIONEER TRAIL WATER MAIN/
-RED ROCK LAKE/CEDAR RIDGE STORM SEWER/
RIVERVIEW RD/RED ROCK SHORES
+57 THE HENNEPIN CTY CHIEFS OF POLICE DUES-POLICE DEFT 80.00 i
7 f,R 7 5 0 9 �
S
1 +�
JANUARY 16.1990
56958 HENNEPIN CTY TREASURER -FILING FEE-SPECIAL ASSESSMENTS- 320.55
ENGINEERING DEPT
56959 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 316.00
l 960 HENN CTY-SHERIFFS DEPT NOVEMBER 89 BOOKING FEE-PDLICE DEPT 299.54
.,961 HENN CTY-SHERIFFS DEPT -RADIO RENTALS & INSTALLATION-POLICE DEPT/ 13359.05
FIRE DEPT
56962 D C HEY COMPANY INC MAINTENANCE AGREEMENT-FIRE DEPT 30.00
56963 HYLAND HILLS SKI AREA HOLIDAY VACATION SKIDS PROGRAM/FEES PAID 986.00
56964 HONEYWELL INC -4TH QUARTER 89 PLANT INSTRUMENTATION 3723.00
MAINTENANCE AGREEMENT-WATER DEPT
56965 HOPKINS PARTS CO FLYWHEEL/AIR HORN & KIT-EQUIPMENT MAINT 96.93
56966 IBM CORPORATION -FEBRUARY 90 MAINTENANCE AGREEMENT-CITY 424.32
HALL
56967 IMPERIAL COUNCIL AAONMS VIDEO FILM-FIRE DEPT 21.00
•
56968 IAAO SUBSCRIPTION-ASSESSING DEPT 25.00
56969 J & A HANDY-CRAFTS INC -PLASTER MOLDS/PLAQUE HANGERS/CLOTHESPINS/ 237.33
COASTERS/CRAFT SUPPLIES-DAY CAMP
56970 JM OFFICE PRODUCTS INC DFFICE SUPPLIES-WATER DEPT/PARK MAINT 230.59 '
56971 JORDAN SAWMILL OAK SIDE BOARDS-EQUIPMENT MAINTEENANCE 182.00
56972 JUSTUS LUMBER CO -SIDEBOARDS/BRACKETS/STUDS/CEDAR TRIM- 64.59
STREET MAINTENANCE/PARK MAINTENANCE
56973 GORDAN A KLEHR -HAYRIDES-HISTORICAL INTERPRETATION/FEES 100.00
PAID
56974 KLEVE HEATING & AC INC FLASHING FOR VEHICLE-EQUIPMENT MAINTENANCE 155.00
56975 LAB SAFETY SUPPLY RUBBER GLOVES-FACILITIES DEPT 15.63
56976 LAGEROUIST CORPORATION ELEVATOR REPAIR-COMMUNITY CENTER 928.68
56977 CINDY LANENBERG MILEAGE-FIRE DEPT 41.75
56978 BOB LANZI MILEAGE-ORGANIZED ATHLETICS 31.25
`4979 LAW ENFORCEMENT RESOURCE CENTER TRAINING FILM-POLICE DEPT 97.00
'80 LEAGUE OF MINNESOTA CITIES DUES 4196.00
, :. 981 LOGIS POSTAGE-HOMESTEAD CAROS-ASSESSING DEPT 1991.43
56982 LONG LAKE FORD TRACTOR INC BACKHOE REPAIR-EOUIPMENT MAINTENANCE 111.50
56983 M-V GAS CO GAS-OUTDOOR CENTER OPERATIONS 504.00
56984 MEELINS HARDWARE HANK -PLEXIGLASS/EXTENSION CORDS/BRUSHES/GLUE/ 377.30
-SAW BLADES/PAINT/RACK/LIGHT FIXTURES/
-HOOKS/HINGES/DRILL BITS/POWER STRIP/WOOD
-PUTTY/TAPE/WRENCHES/SWITCHES/BULBS/ROPE/
-KEYS/VALVES-STREET MAINT/EQUIPMENT MAINT/
PARK MAINT/COMMUNITY CENTER
56985 MESSERLI & KRAMER -DECEMBER 89 SERVICE-MUNICIPAL LEGISLATIVE 4200.00
COMMISSION
56936 METRO SALES INC FAX PAPER-POLICE DEPT 116.70
56987 M E M A DUES-POLICE DEPT 25.00
56988 ?FIDGET MILLER MILEAGE-SHARED SERVICES 7.50
56989 MINNEAPOLIS HEALTH DEPARTMENT LAB TESTS-POLICE DEPT 134.80
56990 MINNESOTA BLUEPRINT -OFFICE SUPPLIES/COPIER REPAIR-ENGINEERING 670.26
DEFT
56991 MINN CHIEFS OF POLICE ASSN DUES-POLICE DEPT 90.00
56992 MN CONWAY FIRE & SAFETY UNIFORMS/ALARM REPAIR-FIRE DEPT 5172.00
56993 MINNESOTA DEPARTMENT OF AGRICULTU LICENSES-PARK MAINTENANCE 10.00
56994 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORES 356.40
56995 MOTOROLA INC RAOIO REPAIR-FIRE DEPT 294.00
•
56996 MANKATO STATE UNIVERSITY CONFERENCE-SPECIAL EVENTS 5.00
56997 MN RECREATION & PARK ASSN DUES-PARK & RECREATION DEPT & COMMISSION 787.00
'8 MU411CILITE CO -SPOTLIGHT/HANDLE ASSEMBLY/BATTERY- 280.71
EQUIPMENT MAINTENANCE •
4079481
"U
56999 DENNIS NESBITT MILEAGE/EXPENSES-BUILDING INSPECTIONS DEPT 24.00
57000 NORTHERN STATES POWER COMPANY SERVICE 75.00
57001 VOID OUT CHECK 0.00
57002 CITY OF EDEN PRAIRIE/NEW CONCEPT RELEASE OF ESCROW FUNDS 2850.48
57003 CITY OF EDEN PRAIRIE/NEW CONCEPT RELEASE OF ESCROW FUNDS 2899.52
7004 OFFICE PRODUCTS OF MN INC PRINTER REPAIR-ADMINISTRATION DEPT 95.00
N. J7005 OPTIMIST CLUB OF EDEN PRAIRIE EXPENSES-SPECIAL EVENTS 20.00
57006 PARK NICDLLET MEDICAL CENTER PHYSICAL EXAMINATIONS-HUMAN RESOURCES DEPT 68.00
57007 PEPSI COLA COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 179.00
57008 PETRAM MARKETING -FLUSH KITS/CARBURETOR CLEANER/POWER 242.00
STEERING FLUID-EQUIPMENT MAINTENANCE
57009 PITNEY BOWES INC -MAINTENANCE AGREEMENT-POLICE DEPT/ 270.70
COMMUNITY CENTER
57010 THE PLUMBERS REFUND-OVERPAYMENT PLUMBING PERMIT 18.50
57011 POMMER COMPANY INC TROPHIES/PLAQUES-ORGANIZED ATHLETICS 657.00
57012 PRAIRIE ELECTRIC COMPANY INC -BOILER ROOM TRANSFORMER REPAIR-COMMUNITY 42.95
CENTER
57013 PRAIRIE HARDWARE -44 LANTERNS-$703.56/NUTS & BOLTS/BRACKETS/ 717.85
LOCK/CHAIN/WIRE BRUSH-FIRE DEPT
57014 PRAIRIE HARDWARE -BATTERIES/TAPE/INDICATOR LIGHTS/HOOKS/ 349.51
-FILTERS/SHOWER CADDY/EXTENSION CORDS/
-REFLECTORS/FUNNELS/GAS CANS/SCOOP SHOVELS/
-SCREWS/GLUE/SPRAY PAINT/STEP LADDER/NAILS-
CITY HALL/FACILITIES DEPT
57015 PRAIRIE HARDWARE -RUST REMOVER/DRILL BITS/CHAINS/KEY/NUTS & 16.72
BOLTS/CABLE/LOCK-COMMUNITY CENTER
57016 PRAIRIE HARDWARE -SAW BLADES/ANCHORS/DRILL BITS/TAPE/WOOD 227.44
-SCREWS/SPRAY PAINT/PLEXIGLASS/CAULKING/
-PLUG/CONDUIT/COVER PLATES/STRAPS/LIGHT
-BULBS/CONNECTORS/HEATER/HINGES/INSULATION/
CABLE/EXTENSION CORD-PARK MAINTENANCE
017 PRAIRIE HARDWARE -FILTERS/EXTENSION CORDS/CABLE TIES/CLIPS/ 208.67
-BOLTS/HOOKS/PIPE/PAINT/BRUSH/ROLLER/KEY;
LUMBER/BULBS/WASH MIT/ROPE-POLICE DEPT
57018 PRAIRIE HARDWARE -HANDLES/WATER SEALANT/GLOVES/CABLE/CABLE 45.32
CLAMPS/THREADED ROD-SEWER DEPT
57019 PRAIRIE HARDWARE -FUSES/BOLTS/PENS/OUTLET/HOOKS/HINGE/SPRAY 40.18
-PAINT/SANDPAPER/FASTENERS/WIRE-STREET
MAINTENANCE/EQUIPMENT MAINTENANCE
57020 PRAIRIE HARDWARE -TAPE/CAULKING/CLEANING SUPPLIES/STRIPPER/ 527.49
-BRUSHES/PIPE/FITTINGS/DEGREASER/HEATERS/
-BATTERIES/HOOKS/ICE SCRAPERS/CHARCOAL/
SPARK PLUGS-WATER DEPT
57021 PRAIRIE LAWN & GARDEN -BLADE EDGER/LATCH/ROD-EQUIPMENT MAINT/ 51.38
PARK MAINTENANCE
57022 R & R SPECIALTIES INC -ACRYLIC SHEETING-ICE ARENA-COMMUNITY 386.75
CENTER
57023 RAOI0 SHACK MODEM-CITY COUNCIL 61.53
57024 AAGE REFFSGAARD LICENSE-BUILDING INSPECTIONS DEPT 45.00
57025 RETAIL DATA SYSTEMS OF MN CASH REGISTER RENTAL-LIQUOR STORE 500.00
57026 REG PET & SUPPLY CO CANINE SUPPLIES-POLICE DEPT 478.63
57027 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-ROWLAND RD/SHADY OAK RD/HIDDEN 11808.90
-GLENN NORTH 3RD ADDITION/GOLDEN TRIANGLE
-DRIVE/WYNDHAM CREST/MITCHELL RD PAVING
& UTILITIES FEASIBILITY STUDY/COUNTRY GLEN
90752
57028 ROAD RESCUE INC FIRST AID RESCUE EQUIPMENT-FIRE DEPT 341.48
57029 ROGER'S SERVICE -STARTERS/GENERATOR/ALTERNATORS-EQUIPMENT 409.25
MAINTENANCE/COMMUNITY CENTER
57030 ROLLINS OIL CO GAS-EQUIPMENT MAINTENANCE 9171.50 •
57031 S&S ARTS & CRAFTS BRUSHES/TILES-DAY CAMP 68.09
7032 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES/CITY HALL/POLICE DEPT/ 293.94
COMMUNITY CENTER/PARK MAINT/FORESTRY DEPT
57033 SALLY DISTRIBUTORS INC -BATTERIES/PLACE MATS/PADDLE BALLS/TOYS/ 167.50 •
GAMES/RIBBON/BALLOONS-SOCIAL EVENTS
57034 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT 13.20
57035 KEVIN SCHMIEG DECEMBER 89 EXPENSES-BUILDING DEPT 200.00
57036 RICHARD SCHUETTE EXPENSES-HISTORICAL & CULTURAL COMMISSION 7.08 •
57037 SEARS COVERALLS-STREET MAINTENANCE 147.76 '
57038 KERRY SETTEN PLASTER/BEADS/STEMS-SPECIAL TRIPS/EVENTS 36.68
57039 SETTER LEACH & LINDSTRDM INC SERVICE-COMMUNITY CENTER REPAIRS 566.09
57040 SHAKOPEE FORD INC -FUEL GAUGE/MOTOR/VALVE/RELAYS/BRAKE 156.27
CABLES-EQUIPMENT MAINTENANCE
57041 .1 L SHIELY COMPANY SAND-STREET MAINTENANCE/PARK MAINTENANCE 307.28
57042 STEVEN R SINELL DECEMBER 89 EXPENSES-ASSESSING DEPT 200.00
57043 SKATELAND M4 SKATING-SPECIAL EVENTS/FEES PAID 76.50
57044 W GORDON SMITH CO DIESEL FUEL/GAS-EQUIPMENT MAINTENANCE 1726.45
57045 ED SORENSEN POSTAGE-WATER DEPT 19.00
57046 STANDARD SPRING CO NUTS & BOLTS/CLIPS-EQUIPMENT MAINTENANCE 71.10
57047 STAR TRIBUNE SUBSCRIPTION-CITY HALL 34.29
57048 STREICHERS PROFESSIONAL POLICE EC MOUTHPIECES-POLICE DEPT 63.00
57049 STROAR ROSCOE FAUSCH INC SERVICE-DELL RD/SCENIC HEIGHTS ROAD STUDY 3766.58
57050 SUBURBAN CHEVROLET -POWER KIT/FAN CLUTCHES/FAN BLADES/WASHER 797.61
-FLUID RESERVOYR/SWITCH/LUBRICANTS/BULBS/
-CYLINDER/HUB CAPS/SPINDLE-WATER DEPT/
EQUIPMENT MAINTENANCE
`7051 SULLIVANS SERVICES INC WASTE DISPOSAL-OUTDOOR CENTER OPERATIONS 87.14
( )52 SUMMIT ENERGY CHIMNEY CAPS-PARK MAINTENANCE 90.00
t•7053 SUPPLED ENTERPRISES INC HAMMER/SCREWDRIVER-LIQUOR STORE 14.60
57054 TDWER ASPHALT INC BLACKTOP-STREET MAINTENANCE 103.68
57055 TWIN CITY OXYGEN CO -GAUGE GUARD/SAFETY GLASSES/TORCH SET- 305.15
STREET MAINTENANCE
57056 UNITED STORES RECHARGEABLE BATTERY-ENGINEERING DEPT 69.99
57057 UNLIMITED SUPPLIES INC NUTS & BOLTS-EQUIPMENT MAINTENANCE 179.14
57058 USA TODAY ADVERTISING-LIQUOR STORES 62.00
57059 VIKING LABORATORIES INC CHLORINE TEST TABS-COMMUNITY CENTER 6.95
57060 WESTSUFNE SUPPLY INC CLEANING SUPPLIES-COMMUNITY CENTER 34.44
57061 ZACK'S INC BROOMS-SKATING RINKS 54.00 '
57062 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-COMMUNITY CENTER 142.00
57063 ZIEBART OF MINNESOTA INC RUSTPROOFING-SEWER DEPT/EQUIPMENT MAINT 330.00
56196 VOID OUT CHECK 375.00-
56241 VOID OUT CHECK 551.80-
56575 VOID OUT CHECK 400.00-
56576 VOID OUT CHECK 400.00-
56577 VOID OUT CHECK 400.00-
56578 VOID OUT CHECK
4uo.o0-
56579 VOID OUT CHECK 400 00-
56580 VOID OUT CHECK 400.00- i
56581 VOID OUT CHECK 400.00-
56582 VOID OUT CHECK 400.00- 4
1600494
i
i
1
1
JANUARY 16.1990
56584 VOID OUT CHECK 400.00-
56623 VOID OUT CHECK 192.68-
56711 VOID OUT CHECK 392 20-
( ",714 VOID OUT CHECK 190.80-
..0750 VDIO OUT CHECK 136.49-
56803 VOID OUT CHECK 77.31-
-138948
$2697937.53
J I q
DISTRIBUTION BY FUNDS
10 GENERAL 128142.67
11 CERTIFICATE OF INDEBT 2301.75
15 LIQUOR STORE-F' V M 53999.00
17 LIQUOR STORE-PRESERVE 42336.68
22 STATE AID CONST 161019.08
31 PARK ACOUIST ?. DEVELOP 1061.09
33 UTILITY BOND FUND 1568478.32
39 86 FIRE STATION CONST 9580.00
45 UTILITY DEBT FD ARB 1650.00
51 IMPROVEMENT CONST FD 144666.48
73 WATER FUND 29796.32
77 SEWER FUND 2656.37
79 RALF 540198.42
81 TRUST 8< ESCROW FUND 7883.27
87 CDBG 'FUND -75.00
88 MUNICIPAL LEGISLATIVE 4200.00
90 TAX INCREMENT FUND 43.08
$2697977.57
10
MEMORANDUM
TO: The Mayor and City Council ``��1tr
FROM: Scott A. Kipp, Assistant Planner T^
THRU: Carl J. Jullie, City Manager
Chris Enger, Director of Planning
DATE: January 10, 1990
SUBJECT: Prairie Lutheran Church Expansion
Prairie Lutheran Church has submitted plans for a proposed 4,450
square foot expansion to their existing facility. This 61%
expansion is for classroom and office space. As part of the
Developer's Agreement for the Church, a return to the Planning
Commission and City Council is required for any additional building
or land alteration on the property, other than as depicted on the
approved plans. The approved plans for the Church did indicate a
future expansion area, as explained in the Staff Report, for 10,000
square feet to include a worship area to seat approximately 400
people. (See attached plan) .
When Phase 1 of the Church was approved, a request by the Church
for the use of wood as the primary building material was reviewed.
City Code requires 75% face-brick and glass within the Public
Zoning District. On January 8, 1987, the Board of Appeals approved
a variance for 70% wood and 30% face-brick construction. The
Church appealed to the City Council the decision of the Board of
Appeals, and asked that the brick be added when Phase 2
construction takes place, but not later than five years (see letter
and City Council minutes) .
On February 3, 1987, the City Council approved the Church's appeal
and stated that when the future phase is constructed, 30% of both
the existing and future addition contain face-brick with no time
limitations.
The Prairie Lutheran Church would like to delay the brick at this
time, which would require the City Council's approval. No details
were given for construction beyond Phase 1 in 1987, making a Site
Plan Review by the Planning Commission and City council a current
consideration. The Council could decide that (a) no Site Plan
Review for this addition is necessary, but would be required for
anything subsequent, or (b) require the Site Plan Review.
Staff will proceed based on the decision of the City Council.
EPLUTHRN.SAK:mmr
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December 11, 1986Fir ' ��1
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Board of Adjustments and Appeals ct M'Af +
City of Eden P :;;�; ;;'
Eden Prairie, MN 55344
the ADKINS ASSOCIATION In
Re: P ' ' Lutheran Church
ARCHITECTS
Members of t h e Board: 001 JEFFERSON AVE ST./AUL MN SSIOS.12013 A variance on the above referenced project is requested for the use of
wood in excess of 25 percent.
We propose to initially use all wood (redwood or cedar) for siding in
lieu of the requirement for brick. A brick ledge will be installed for
future brick on the walls shown to receive brick on the enclosed draw-
ings. Brick will then be installed on the areas indicated with con-
struction of the Second Phase but not later than 5 years from the
issuance of the Phase I Occupancy Permit.
•
Please understand that before the building is constructed, the basement
may be eliminated, resulting in a lower percentage of future brick.
1 This variance is requested due to the fact that 'actual construction
costs are substantially higher than budgeted. After having analyzed
the costs. brick is one of the larger reasons for the costs to exceed
the budget and is one of the items that must be initially eliminated to
be able to construct the church.
Cost containment was a concern from the beginning of the design, and
the building was designed without brick and in character with the resi-
dential character of the neighborhood.
A church provides a valuable service to the community it serves (there
is no other Lutheran Church in the southeastern quadrant of Eden
Prairie), and a requirement of this nature should not restrict the
churches' goal to serve the residents of Eden Prairie.
In addition to the drawings included with this request, we will present
a model at the board meeting to better explain this request.
Since el ,
th K NS ASSOCIATION inc.
By get W. Sj eck, AIA
RWS:mlg
I?3
City Council Minutes
-12- February 3, 1987
MOTION: Bentley moved, seconded by Pidcock, to adopt
Resolution No. 87-29, approving Final Plat of Bluffs East
Fourth Addition.
Mr. Rosholt said if the public isn't going to have access
to the creek valley and if all the land along the valley
is going to be developed, then the Wilkies ought to be able
to develop theirs; however, if the creek valley is to be
used by the public, then the Wilkies would like to partici-
pate in that. He said either way this plat represents
giving one person an opportunity to do something and deny-
ing that opportunity to another person.
Peterson noted that Mr. Hustad has been prevented from
developing certain points out into the valley and if this
property were owned by him he would not be allowed to
build out on that promontory. Mr. Rosholt said it was
their understanding that this knoll is capable of develop-
ment and that they have a plan that conforms to the zoning
ordinance.
Harris asked if the Wilkies could gain access to this
property from their land on the other side of the creek.
Mr. Rosholt responded that it would be practically im-
possible as it is a very steep ravine and the only possibil-
ity would be a bridge across Purgatory Creek.
Anderson said, since we have not had an opportunity to get
information on the donation of this property, he would like
to have more time to get more information and to take a
good look at what is in the best interests of the people
of Eden Prairie.
MOTION: Anderson moved to postpone consideration of Reso-
lution No. 87-29 for final plat approval of Bluffs East
Fourth Addition to the next meeting of the Council.
Motion died for lack of a second.
VOTE ON THE MOTION, Motion carried with Anderson opposed.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Re uest from Prairie Lutheran Church to review the Board
of A eals & Adjustments decision on Variance Re uest -04
Merrill Ronning, pastor of Prairie Lutheran Church,
their request to review the decision b Presealsd
& Adjustments. He said the building wa t sinitiall odesigned
�. to be all wood in order to fit into the surrounding resi-
dential area and they initially requested a variance for
100% wood.
I fLf
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City Council. Minutes -13-
February 3, 1987
t
He said that the Board of Appeals granted a variance to
permit 35% wood and 65% brick. He said the bids received
for such an exterior were extremely high so they then re-
quested a variance to allow initial construction of 100%
wood with 30% brick to be added within five years. The
Board of Appeals then granted a variance to allow initial
construction of 70% wood and 30% brick. He said they are
now requesting a review of the decision in order to allow
exterior construction of 100% wood.
Planning Director Enger referred to the Staff Reports of
January 28, 1987, January 8, 1987, and September 4, 1986,
and the letter from Prairie Lutheran Church of January 12,
1987. He said in reviewing the record of appeals and
decisions on this project he determined that the appeal
tonight would have to be an appeal of the Board of Appeals
& Adjustments decision on their request for 70% wood and
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30% brick to be added within five years, and not the appeal
for 100% wood.
A discussion followed as to the nature of their appeal to-
night. A recess was taken to allow time for determination
of their exact request to the Council.
Following the recess, Enger explained that the request is
for an appeal of the decision on the time limit for adding
the brick. He said the proponents would like to add the
required 30% brick to the Phase 1 construction at the time
of the construction of Phase 2, which is expected to occur
within five years.
Peterson asked if the 30% brick will be less aesthetically
pleasing since it had been determined that all wood is
aesthetically better. Roger Sjobeck, architect for the
proponent, said it might be since the original design was
for all wood and the building might have been designed
differently if they had considered brick during the planning
stage.
MOTION: Bentley moved, seconded by Harris, to grant the
request from Prairie Lutheran Church for appeal of the
Board of Appeals & Adjustments decision, per the Staff
recommendation that, at the time of expansion, 30% brick
will be required for the exterior on the present structure
and on the future structure. Motion carried unanimously.
B. BIRCHWOOD LABS, INC. Request for Preliminary Platting of
16.5 acres into four lots. Location: East of County Road
4, west of Fuller Road, north of Lincoln Lane. (Resolution
No. 87-28 - Preliminary Plat)
7J
- MEMORANDUM -
TO: Mayor Peterson and Council Members
THROUGH: Carl Jullie, City Manager
FROM: Alan D. Gray, P.E., City Engineer L17,;4,1
DATE: January 11, 199D
RE: Petition for Extension of Beverly Drive in Section 29
Mr. and Mrs. Terry Douglas, 10011 Dell Road have petitioned the City for the
extension of Beverly Drive from the easterly line of Lot 1, Block 1, Cedar
Hills West to the southerly line of Lot 1, Block 1, Cedar Hills West. The
right-of-way for Beverly Drive was created by the plat of Cedar Hills West.
This right-of-way extends westerly from CSAH 4 (Eden Prairie Road) to the
southerly line of the plat of Cedar Hills West. The attached drawing shows
the westerly portion of Beverly Drive within Cedar Hills West and the
relationship of the right-of-way to the Douglas property.
Currently, the street is graded and surfaced with a bituminous pavement
westerly from CSAH 4 to approximately the east line of Lot 1, Block 1, Cedar
Hills West. While the right-of-way for Beverly Drive continues west and
southerly to the southern boundary of the plat and is coincident with the very
northwesterly corner of the Douglas property, this remaining segment of the
street has not been graded or surfaced. In 1983 a preliminary study by the
Engineering Division estimated the cost to extend Beverly Drive westerly and
southerly to the south line of Cedar Hills West to be approximately $57000.00
including engineering and administrative fees. A project of approximately the
same scope constructed in 19g0 is estimated to cost approximately $72,000.00
including engineering and administrative fees.
Staff believes that a feasibility study may likely conclude that the extension
of Beverly Drive at this time is premature for the following reasons:
1. The proposed extension abuts Lot 1, Block 1 and Lot 1, Block 2,
Cedar Hills West. Beverly Drive as currently improved provides
access for the homes on these lots. The further extension of
Beverly Drive westerly and southerly adjacent to these lots may not
increase the value of these properties at this time, making it
difficult show benefit to support assessments. Therefore, all
current costs for the extension of Beverly Drive would have to be
offset by benefit to properties lying southerly of the Cedar Hills
West subdivision.
Page 2 of 2
2. Currently, sanitary sewer and water utilities are not available in
this area. Any pavement constructed on an extension of Beverly
Drive would be destroyed by future utility installation when
available.
3. In the second paragraph of a letter dated June 9, 1983, from Mr.
Douglas to the Eden Prairie City Council, Mr. Douglas outlines his
concerns for an existing drainage problem in the area and suggests
that the extension of Beverly Drive would aggravate this drainage
problem. We assume that the same drainage problem described in Mr.
Douglas' letter exists today and additional project costs may have
to be incurred to mitigate the impacts of a Beverly Road extension.
4. If Beverly Road is extended at this time to the Douglas property and
Allis property lying southerly of Cedar Hills West, it would be
desirable to construct a temporary cul-de-sac at the termination of
Beverly Drive. Easements for a temporary cul-de-sac would be
required on the Allis and Douglas properties.
Based on the above described concerns it is our preliminary conclusion that
the extension of Beverly Drive may not be a feasible project at this time.
Mr. Gene Dietz, Director of Public Works and myself will be available at the
council meeting to answer further questions you may have regarding this
request.
ADG:ssa
Dsk#15-90-15
/77
CITY OF EDEN PRAIRIE, M1;S:SOT:.
PETITION FDR LOCAL IMPROVEMEN-
To The Eden Prairie City Council:
The undersigned property owners herein petition the Eden Prairie City Council
to consider making the followng described improvement(s):
(General Location)
Sanitary Sewer s 1-trLit.Le 1,
Wa terma i n /G,J el,,,
Storm Sewer C97.7142:,-7 C__—• cif Q f
Street Paving C:2(
)( Other
Street Address of Other
Legal Description of Names of Petitioners
Property to be Servec (Must Be Property Owners)
it)-9_8E) -/,s66 /1- ,:fir-,74
(For City Use)
Date Received
Project No.
Council Consideration
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flintghttr UIniifrttrf iFitritifitrr
SUBSIDIARY OF DOUGLAS OFFICE SUPPLY CO.
P
10740 FRANCE AVENUE SOUTH
MINNEAPOLIS. MINNESOTA 55431
June 9, 1983 .
MR. CEC:RCE BENTLEYEDEN „
8950 ELENRIE PRAIRIE ROADCILCITY UN 14 1983
EDEN PRAIRIE, MN 55344
Dear Mr. Bentley,
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It has come to sly attention that we were scheduled for a hearing on
Tuesday evening, June 7th. We had been informed that our meetings were
on May 20th (Planning staff), June 6th (Park, Recreation and Natural Resources)
and City Council on June 15th. On June 8th, my contractor, Mr. Ed Sullivan,
was called by Jean Johnson and asked why we were not present at the meeting
the night before. He informed her that he was riven the date of June 15th.
Her reply was that we were told on the evening of June 6th at the meeting, of
the g
ening. I
ecorded
the moment gofh beginning e nthe vmeeting torthe point hofeewalkingooutrtheidoor,nand
there is absolutely no mention of a council meeting on June 7th or of our being
on the agenda. I take this opportunity to apologize to you for your inconvenience
for our not being there.
Jean Johnson also related to my contractor that the issue was tabled
and referred to engineering for further study. It was also mentioned that
Beverly Drive could be extended to accommodate our access. Beverly Drive
at this point will in all probability cause more problems than we already
have. It will increase traffic and loss of all privacy for land owners,
which is the only reason any of us are living here. The road would have to
extend west and reviewing the slope drop to the north of the easement road,
there would be a considerable amount of fill. At present Beverly Drive sheds
Its water through an open culvert and each Spring the run off floods the
Norberg property and ours three to five feet. If the road was extended what
are you going to do with the additional Spring run off?
Once again I would like to review our reason for access to Highway 169.
When I purchased this farm land from the Turnbulls I was granted an easement.
That private easement is only one car width and very long. Some years later a
small 200' width five acre parcel was sold because of a need for cash by one
of its owners with Mr. Turnbull. At that time Mr. Turnbull related to me he
was going to build a new home on the rest of the 'acres in the future. I question
the village on the probability of someone building on the 200' width and they
all agreed that it could only be done when sewer And water were brought in and
the zoning laws changed to comply with residential.
q') NOV
The new owner made application for a variance and it was granted so
they could build. A letter was sent out by the village to adjacent land owners
to see if anyone objected. (See Attached)
By the village granting that variance on that narrow piece of ground
has caused a lot of problems. As you probably well know it is a very large
cemetery site and a subject and problem that will continue to plague city
officials. We had a group of people who were in a'position to purchase the
property and donate it to the city, but at that tlne(one year ago) the cemetery
was felt to be better suited for roads and buildings.
The village has in essence taken away our private access to our property
by granting variances and building permits to that piece of property. We are
now told to share a very narrow, long driveway that is impassable. I operate
a commercial bee farm on our property and two other businesses and I cannot be
in a position not to be able to get out of my property because of an illegal
• blockage of access.
On purchasing the property and later when I went in for nay building permit.
I was told I had to have access to 169. I also had to have 300' width for that
access onto 169. We now felt the time was right to proceed with that road to
alleviate the stress in our lives caused by our once private access road. I
made application to the State of Minnesota Highway Department requesting permission
and guidance in establishing a new private driveway. I also explained in detail
the reasons why we needed the driveway and so the State of Minnesota had compassion
and granted us the easement.
last fall we made application for a stable and were granted the permit.
The new road is access to and from that building. At present we are unable
to proceed because the heavy cement and block trucks are not able to back up
the road. At the bottom of the bluff we operate our bee colonies and we
service them by this same road. We derive part of our yearly income from
the bees and this bee yard.
It came to our attention that a new ordinance had been passed by the
village specifically for the bluff area. Jean Johnson informed us we were in
violation and halted completion of the road. The construction has been 90%
completed and the road has stabilized itself without top gravel. 5% of
the road is subject to washing out because construction was halted. It was our
agreement to the State of Minnesota to get the job completed as quickly as
possible to eliminate any wash out and erosion. We have had several heavy
rainfalls and 9C% of that which was somewhat graded is showing no washing at all.
We and the State do have a concern for the part that may wash out onto Highway 169
which would result in a very dangerous and expensive repair.
At present I have been subject to a substantial financial loss in work
being halted and equipment removed. The stable building bids are up for review
and now could cost us more. The honey•flow has begun and staked bails of hay
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on the road plus a large mound of dirt block our drive to the bee yard. This
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could also be a large financial loss.
I don't mind working 12 to 14 hour days, six days a week. but my family
and I have been more than patient in waiting and going to meetings. then we are
told we may have to wait another month before we can have a hearing. The two city
committees have approved the driveway and granted us access to 169 and realize
that the city had made commitments to us prior to the new ordinance.
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�J ' lye
We feel that at this point we have been subjected to financial loss
and many sleepless nights. I feel it is unfair and an unconstitutional
procedure that the city has taken against us. Neither I nor the other
bluff residents have ever been notified of a bluff ordinance. I agreed
to proceed with the meetings and then am told one date and not informed i
of the actual date of the City Council meeting in which we were on the
agenda. I do not understand that kind of city government. i
It is the duty of the Eden Prairie City Council and City Manager to I
see to it that such proceedings and ordinances do not conflict with the
Constitution of the United States. In the meantime. I shall have to trust /
in God to resolve this hardship and if need be, my right of trial by jury
(Art. 3, Sec. 2. paragraph 3, and Amendment Art. 6 & 7 of the Constitution)
. to save me from the threatened and unfair treatment.
Thank you for your consideration and time.
Sincer�ieh�y�yours,
TER i R. )..
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