HomeMy WebLinkAboutCity Council - 08/20/1991 AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, AUGUST 20, 1991 7:30 PM,CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCILMEMBERS: Mayor Douglas Tenpas, Richard
Anderson, Jean Harris, H. Martin
Jessen, and Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Julie, 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 & Natural Resources Robert Lambert,
Director of Public Works Gene Dietz, and
Recording Secretary Roberta Wick
PLEDGE OF ALLEGIANCE
ROLL CALL
COMMENDATION BY THE POLICE&FIRE AWARDS COMMITTEE TO ANGELA pg. 1705
TETRAULT
{ RECEIVE AWARD FROM THEMINNESOTA RECREATION&PARK ASSOCIATION Pg. 1708
FOR SAFETY CAMP
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. City Council Meeting held Tuesday.July 16. 1991 Pg. 1709
B. City Council Meeting held Tuesday. August 6. 1991 Pg. 1724
HI. SALE OF GENERAL OBLIGATION BONDS
A. Resolution No.91-194.$1,900.009 Equipment Certificates Pg. 1736
B. Resolution No.91-19_5,$6.050.000 Improvement Bonds Pg. 1752
C. Resolution No,91-196.$9.500,000 Water&Sewer Bonds Pg. 1771
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST Pg. 1790
City Council Agenda
August 20, 1991
Page Two
B. JAMESTOWN VILLAS by the Rottlund Company, Inc. 2nd Reading of pg.
Ordinance 21-91-PUD-7-91, Zoning District Amendment within the RM-6.5
Zoning District on 8.5 acres; Approval of Developer's Agreement;Adoption of
Resolution 91-185,Authorizing Summary and Ordering Publication of Ordinance
21-91-PUD-7-91;Adoption of Resolution 91-161, Site Plan Review on 8.5 acres;
12 lots for construction of 96 townhouse units to be known as Jamestown Villas.
Location: South of Highway 5,north of George Moran Drive. (Ordinance 21-
91-PUD-7-91- Zoning District Amendment; Resolution 91-185-Summary
and Publication;Resolution 91-161-Site Plan Review)
C. CARPENTER NORTH PUD by Donald G. Brauer. Approval of Developer's pg. 1801
Agreement; 27.2 acres for future development of commercial and multiple
residential land uses to be known as Carpenter North PUD. Location: North of
the intersection of Valley View Road and Prairie Center Drive.
D. BOULDER POINTE 2ND ADDITION by Robert H.Mason,Inc. 2nd Reading pg, 1804
of Ordinance 23-91, Zoning District Change from Rural to R1-13.5 on 43.7
acres; Approval of Developer's Agreement; Adoption of Resolution 91-186,
Authorizing Summary and Ordering Publication of Ordinance 23-91;68 acres into
75 single-family lots, one outlot and road right-of-way to be known as Boulder
Pointe 2nd Addition. Location: south of Mitchell Road, west of Twin Lakes
Crossing and north of Victoria Drive. (Ordinance 23-91 - Zoning District
Change;Resolution 91-186- Summary and Publication)
E. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM by City of pg. 1811
Eden Prairie. Adoption of Resolution 91-184, Authorizing Mayor and City
Manager to execute subrecipient agreement with Hennepin County for the urban
Hennepin County CDBG program. (Resolution 91-184-Authorizing execution
of agreement)
F. FINAL PLAT APPROVAL OF FAIRFIELD OF EDEN PRAIRIE 6TH pg. 1812
ADDITION (located west of Eden Prairie Road and north of Pioneer Trail)
(Resolution No.91-189)
G. APPROVE DIAGONAL DATA CORPORATION AGREEMENT FOR pg. 1815
COMPUTER SOFTWARE
H. REOUEST TO METROPOLITAN COUNCIL FOR HARDSHIP pg. 1820
ACOUISITION OF ROLE'S PROPERTY.I.C.51-348 (Resolution No.91-
192
I. SENIOR CENTER ADVISORY COMMITTEE - Request for Funding for a pg. 1822
Poster of the"Heritage Guilt"
J. RESOLUTION NO. 91-193. RECORDING CONFORMANCE WITH pg. 1823
DEVELOPER'S AGREEMENT FOR CHASE POINT/SUPERAMERICA
DEVELOPMENT
City Council Agenda
August 20, 1991
Page Three
K. RESOLUTION NO,91-197.AUTHORIZING THE ISSUANCE AND SALE Pg. 1825
OF$7.235.000 G.O.IMPROVEMENT REFUNDING BONDS.$420.000 OF
G.O.STATE-AID ROAD REFUNDING BONDS.AND$3.130.000 IN G.O.
WATER&SEWER REFUNDING BONDS
V. PUBLIC HEARINGS
A. ORDER PREPARATION OF PLANS AND SPECIFICATIONS FOR Pg. 1840
ROWLAND ROAD,I.C.52-067 (Resolution No. 91-190)
B. SINGLETREE PLAZA by The Robert Larsen Partners. Request for Zoning Pg. 1613
District Change from Rural to Community Commercial on approximately 19 acres
with variances to be reviewed by the Board of Appeals,and Site Plan Review on
approximately 19 acres for construction of 114,000 square feet of commercial
uses to be known as Singletree Plaza. Location: South of Singletree Lane,east
of Prairie Center Drive, west of Eden Road. (Ordinance 16-91 - Zoning
District Change). (Continued from 8/6/91)
C. BLUFFS E. 10TH ADDITION by Hustad Development. Request for Planned Pg. 1841
Unit Development District Review within the overall 150-acre Bluff Country
Planned Unit Development on with waivers and Zoning District Change from Rl-
22 to 25-91-PUD-R1-13.5 on 12.3 acres; Adoption of Resolution 91-188,
Preliminary Plat of 12.3 acres into 20 single-family lots, six outlots and road
right-of-way to be known as Bluffs East 10th Addition. Location: southwest of
Bluff Road between White Tail Crossing and Wild Duck Pass. (Ordinance 25-
91-PUD-8-91-Zoning District Change;Resolution 91-188- Preliminary Plat)
D. HAMILTON ADDITION by Bernard Y.Hamilton. Request for Zoning District Pg. 1842
Change from Rural to R1-13.5 on 0.98 acres;and adoption of Resolution 91-187,
Preliminary Plat of 0.98 acres into 2 single-family lots and road right-of-way to
be known as Bernard Hamilton Addition. Location: 14380 Staring Lake
Parkway. (Ordinance 26-91 - Zoning District Change; Resolution 91-187-
Preliminary Plat).
VI. PAYMENT OF CLAIMS Pg. 1843
VII. ORDINANCES AND RESOLUTIONS
VIII. PETITIONS. REOUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS.COMMISSIONS&COMMITTEES
A. Historical&Cultural Commission-Request from the Eden Prairie Foundation Pg, 1844
for the City of to Accept All Remaining Les Kouba Prints along with the Profits
X. APPOINTMENTS
City Council Agenda
August 20, 1991
Page Four
XI. REPORTS OF OFFICERS
A. Reports of Councilmemberg
B. Report of City Manager
1. Set Special City Council Meeting for Budget Review on August 27.1991
C. Report of Director of Parks.Recreation&Natural Resources
1. Petition to Riley-Purgatory-Bluff Creek Watershed District for Pg. 1847
Construction of the Staring Lake/Purgatory Creek Recreation Area Basic
Water Management Project (Continued from July 16, 1991)
D. Report of Director of Planning
1. Comments on Scoping Documents for Flying Cloud Airport Revised Pg. 1852
Master Plan (Resolution No.91-198)
E. Report of Director of Public Works
1. Award Contract for Cedar Ridge Estates 2nd Addition. I.C. 52-225
(Resolution No.91-191)
XII.OTHER BUSINESS
XIII.ADJOURNMENT
MEMORANDUM
TO: Mayor Doug Tenpas and City Council Members
THROUGH: Carl Julie,City Manager
FROM: Sandy Mitchell,Police Department Secretary,
for the Eden Prairie Police&Fire Awards Committee
DATE: August 6,1991
is
SUBJECT: Awards Presentation at August 20,1991,City Council Meeting
The Police&Fire Awards Committee would like Mayor Tenpas to present a
Commendation at the beginning of the August 20,1991,City Council meeting to Angela
Tetrault for her quick actions at a medical emergency.
On July 16,1991,at 2009 hours,officers were dispatched to the Bent Creek Golf Course
restaurant on a medical.
Upon arrival,officers learned that a guest who had been eating dinner at the restaurant had
begun choking on some food. A witness advised that at one point,it looked as though the
victim went unconscious due to the complete blockage of his airway. Angela,who was
sitting at the next table,saw what was happening and quickly responded to his aid. She
performed the Heimlich maneuver and was able to clear his airway.
The Committee would like to recognize Angela for her life-saving response to this situation.
Attached is a copy of the Commendation to be awarded to Angela Tetrault.
Attachments
cc: Spence Conrad,Fire Chief
Police Administrative Staff
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CITY OFFICES!7600 EXECUTIVE DRIVE I EDEN PRAIRIE,MN 553/1.3677/TELEPHONE(612)937-2262 Eden
grater=
August 20,1991
Ms.Angela Tetrault
COMMENDATION
On July 16th of this year at 8 o'clock in the evening,Eden Prairie Police responded to a
medical emergency at the Bent Creek Golf Course. A guest of the restaurant had begun
choking on food and within a short time went unconscious due to the blockage of his airway.
Before the Police arrived,you acted quickly upon recognizing the emergency. By .
performing the Heimlich manuever on the victim,you were able to dislodge the food and
open the airway,allowing the victim to breath on his own. Your quick,decisive actions
were lifesaving.
On behalf of the City of Eden Prairie,we commend you for your heroic actions. {'
11 17122/.1-..-
tames G.Clark Cheryl Petersen
ief of Police Awards Committee Chairperson
Spencer Conrad
Fire Chief
�••`-
I
MEDIA RELEASE
For more information:
Lieutenant Les Bridger
949-6200
Awards Presentation
Eden Prairie,MN,August 8,1991--There will be an awards presentation given by the Eden
Prairie Police and Fire Awards Committee at the Eden Prairie City Council meeting to be
held on August 20,1991,at 7:30 p.m.before the regular business meeting begins. City Hall is
located at 7600 Executive Drive.
Forest Lake resident,ANGELA TETRAULT will be awarded a Commendation for her quick
response in administering first aid to a choking victim.
On July 16,1991,at approximately 8 p.m.,ROBERT LOVICH had been eating a meal in the
restaurant located in the clubhouse at the Bent Creek Golf Course in Eden Prairie when food
became lodged in his throat. He began to choke and go unconscious due to a complete
blockage of his airway.
Angela Tetrault,seated at a nearby table,quickly realized what was happening and responded
to his aid,performing the Heimlich maneuver which cleared his airway and most probably
saved his life.
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June 4, 1991
Mr. Lyndell Frey
Recreation Supervisor
City of Eden Prairie
16700 Valley View Road
Eden Prairie, MN 55346
•
Dear Lyndell:
Congratulations: The Minnesota Recreation and Park Association
Awards Committee has selected your project to receive a 1991
Citation Award.
This year, Citation Awards are being made to five communities, from
an initial field of fourteen applications. These communities and
their projects are as follows:
* City of Eden Prairie, Safety Camp
* City of St. Paul, Nite Moves Program
* City of Pipestone, Water Tower Park
* City of Owatonna, Senior Citizen Center
* City of Winona, Aquatic Center
The Minnesota Recreation and Park Association is pleased to add
your project to the list of distinguished recipients.
A representative from the awards committee will be in contact with
you in the near future to arrange a presentation before your City
Council or Parks and Recreation Commission. If you feel it is
appropriate, we would like to suggest that a member of the local
press be invited to take a photo of the presentation for
publication in your local newspaper. One of the obvious benefits
to an award program of this nature, of course, is to take advantage
of opportunities to increase the visibility and awareness of our
state association in local communities.
Again, congratulations on your fine work. We appreciate the time
and effort that you put into filing the initial application and in
meeting with our 1991 awards committee. If you have any questions
or concerns, please feel free to contact me at 612-770-4570. •
Sincerely,
pt(-4 6 • Lt-cciatta_.)
Pauline A. Staples, Chairperson, MRPA Awards Committee
Assistant Director
Maplewood Parks and Recreation Department
r
cc: Robert Lambert, 7600 Executive Drive, Eden Prairie, MN 55344
Minnesota Recreation and Park Association•1111 Douglas Dave N.•Golden Valley,MN 55422
Phone:612/544-1592 800-862-3659
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, July 16, 1991 7:30 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson,
Jean Harris, H. Martin Jessen, and
Patricia Pidcock
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 & Natural Resources Robert
Lambert, Director of Public Works Gene
Dietz, and Recording Secretary Jan
Nelson
CALL MEETING TO ORDER
Mayor Tenpas called the meeting to order at 7:30 PM after the Council
completed interviewing candidates to fill a vacancy on the Historical &
Cultural Commission.
PLEDGE OF ALLEGIANCE
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Harris added Item X.A.1. Report on meeting with the School's
Multi-Cultural Gender Fair Staff. Anderson added Item X.A.2.
Discussion on Nexus Program and Home School Program•.
Jullie added Item X.B.2. Set date for Special City Council
Meeting and Item XI.A. Resolution 91-i71 requesting Speed Study
for Pioneer Trail.
MOTION: Pidcock moved, seconded by Anderson, to approve the
agenda as published and amended. Motion carried 5-0.
II. MINUTES
A. rTLL CIN)NSTL MEETING HELD TUESDAY. JUNE 18. 1991 (Continued
from July 2, 1991)
Jessen said Page 13, Paragraph 1, Sentence 2 of Item XI.B.
should read as follows: He further requested staff to
collect the needed information and conduct analysis to
address the things that the Council will need to know in
order to decide to proceed or not to proceed.
A
City Council Meeting 2 July 16, 1991
Pidcock said Page 12, Paragraph 6, should read as follows:
Council agreed with this approach and asked staff to keep
Councilmembers apprised of developments in the matter.
MOTION: Pidcock moved, seconded by Anderson, to approve the
Minutes of the June 18, 1991 City Council Meeting as
published and amended. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY. JULY 2. 1991
MOTION: Pidcock moved, seconded by Anderson, to approve the
Minutes of the July 2, 1991 City Council Meeting as
published. Motion carried 5-0.
III. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. AWARD CONTRACT FOR STARING LANE/RIDGE ROAD AND SUNRISE
CIRCLE UTILITY AND STREET IMPROVEMENTS. I.C. 52-203/52-205
(Resolution No. 91-156) Continued from Tuesday, July 2, 1991
C. ANAGRAM INTERNATIONAL. by Ryan Construction Company. 2nd
Reading of Ordinance 13-91-PUD-3-91, Zoning District
Amendment within the I-2 Zoning District on 15.67 acres;
Approval of Developer's Agreement; Adoption of Resolution
91-130, Authorizing Summary and Ordering Publication of
Ordinance 13-91-PUD-3-91; Adoption of Resolution 91-101,
Site Plan Review on 15.67 acres into 4 lots for construction
of a 199,210 square foot office/warehouse building in three
phases to be known as Anagram International, Inc. Location:
southeast corner of Valley View Road and Executive Drive.
(Ordinance 13-91-PUD-3-91 - Zoning District Amendment;
Resolution 91-130 - Summary and Publication; Resolution 91-
101 - Site Plan Review).
D. FINAL PLAT APPROVAL OF ANAGRAM PARK (located at the
southwest quadrant of Valley View Road and Equitable Drive)
Resolution No. 91-155
E. RIVERSEDGE by Tushie Montgomery Associates. 2nd Reading of
Ordinance 19-91-PUD-5-91; Zoning District Amendment within
the Rural District; Approval of Developer's Agreement;
Adoption of Resolution 91-152, Authorizing Summary and
Ordering Publication of Ordinance 19-91-PUD-5-91; 55.5 acres
into 4 single family lots, one outlot and road right-of-way
to be known as Riversedge Addition. Location: 9901
Riverview Road. (Ordinance 19-91-PUD-5-91 - Zoning District
Amendment; Resolution 91-152 - Summary and Publication).
F. FINAL PLAT APPROVAL OF RIVERSEDGE ADDITION (located south of
Riverview Road and west of CSAH 18) Resolution No. 91-164
G. FINAL PLAT APPROVAL OF CEDAR RIDGE ESTATES 2ND ADDITION,
(located north of Pioneer Trail and south of Cedar Ridge
School) Resolution No. 91-163
�' ;:i
City Council Meeting 3 July 16, 1991
H. FINAL PLAT APPROVAL OF CROSSTOWN RACQUET CLUE (situated at
the southeast corner of Baker Road and W. 62nd Street)
Resolution No. 91-165
I. APPROVE COOPERATIVE CONSTRUCTION AGREEMENT WITH HENNEPIN
PARKS FOR ROWLAND ROAD
J. APPROVAL TO RETAIN URBAN DESIGN SERVICES FOR THE M&t
K. JST READING OF ORDINANCE NO 77-91 AMFN1MFNT him �t
RULES RELATING TO HORSES
L. RECEIVE PETITION FOR PRAIRIE CENTER DRIVE MEDIAN OPENING gI
JOINER WAY. I.C. 52-229 (Resolution No. 91-168)
M. APPROVE PLANS AND SPECIFICATIONS FOR CEDAR RIDGE 2ND
ADDITION. I.C. 52-225 (Resolution No. 91-170)
Pidcock asked for discussion of Item J and Jessen asked for
discussion of Item E.
MOTION: Pidcock moved, seconded by Jessen, to approve the
Consent Calendar with the exception of Items E and J.
Motion carried 5-0.
Regarding Item J Pidcock said she was quite surprised to see
that, of the two firms who wanted to bid on the Urban Design
Services for the MCA, one of them had not presented anything
on which the Council could judge their qualifications. She
said she couldn't understand why we were being recommended
to vote for BRW when the other firm is a local firm. She
said she would like to see some of the work the local firm
had done in order to judge their capabilities. She said she
would like to see both firms do a proposal on what they
would consider for the MCA and then Council could select the
one to deal with.
Ju11ie said the letter in the packet is their proposal. He
said the request was put together hurriedly and that Enger
talked to both firms, giving them both the same information
about what we were looking for. He said the BRW firm has a
broad base of experience in dealing with similar situations
so Staff recommended BRW.
Jessen asked about the fee. Jullie said it would be the
same under both proposals--$10,000.
Tenpas said he would prefer to see a qualified Eden Prairie
firm get the business. He said the Cluts, O'Brien and
Strother firm has designed several buildings in the MCA so
they should be capable of handling this project.
Anderson said that, to be really fair, we should be setting
up a procedure for this like bids. He said he would also
like more time to go through the material.
City Council Meeting 4 July 16, 1991
Jessen noted that this is just an idea process. He said we
are asking for a concept and some other firm will do the
actual building.
MOTION: Jessen moved, seconded by Pidcock, to retain the
services of Cluts, O'Brien and Strother to provide Urban
Design Services for the MCA (Item J). Motion carried 5-0.
Jessen asked what happened to the park trail alignment in
the Riversedge development (Item E). Director of Parks,
Recreation & Natural Resources Lambert said the trail will
be in Outlot B which will be dedicated to the City for park
purposes.
MOTION: Jessen moved, seconded by Pidcock, to approve Item
E, RIVERSEr9F, on the Consent Calendar. Motion carried 5-0.
IV. PUBLIC HEARINGS
A. TECH 10 by Hoyt Development Company. Adoption of Resolution
91-147, Planned Unit Development Concept Amendment on 45
acres, Planned Unit Development District Review within the
I-2 Zoning District with waivers on 5.6 acres, Site Plan
Review on 5.6 acres for approval of additional parking
spaces on the Technology Park 7th Addition site. Location:
southwest corner of West 74th Street and Golden Triangle
Drive. (Ordinance 20-91-PUD-6-91 - PUD District Review
within the I-2 District; Resolution 91-147 - PUD Concept
Amendment) Continued from July 2, 1991
Jullie noted that this item was continued from the July 2nd
meeting. He said the major issue discussed was the grading.
He said Staff met with Mr. Hoyt and they have conceptual
agreement that Hoyt will complete the grading plan, clean up
the erosion, and post the required bonding. He said that
work was to have been completed by this evening; however, it
has not been completed. He said Staff suggests that Council
approve the 1st Reading only tonight with the understanding
that they will not come back with a 2nd Reading until all
requirements are satisfied.
Anderson said that, because many of the things are in the
process of being taken care of, there is a commitment on
this; however, he thought that someone who asks for approval
on a project should not come in with violations and should
have their act together before coming in. He said we need
to have someone going out to inspect the project to make
sure they are in compliance with the rules and regulations
before any permits are granted.
Pidcock said she concurred with Mr. Anderson and that Mr.
Hoyt should be aware of the many problems caused by erosion.
There were no comments from the audience.
1(1 \
City Council Meeting 5 July 16, 1991
MOTION: Harris moved, seconded by Pidcock, to close the
Public Hearing, to approve 1st Reading of Ordinance No. 20-
91-PUD-6-91 for PUD District Review, and to adopt Resolution
No. 91-147 for PUD Concept Amendment. Motion carried 5-0.
B. VACATION 91-07. VACATION OF BLUFF ROAD BETWEEN WHITETAIL
CROSSING AND WILD DUCK PASS (Resolution No. 91-166)
Jullie stated notice of this Public Hearing was properly
published in the Eden Prairie News and was sent owners of
affected property. He said the existing right-of-way is no
longer necessary and should be vacated.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Jessen, to close the
Public Hearing and to adopt Resolution No. 91-166 to vacate
a portion of Bluff Road. Motion carried 5-0.
C. VACATION 91-08. VACATION OF DRAINAGE AND UTILITY EASEMENTS
QN LOTS 6 3 7. BLOCK 2. EDENVALE 15TH ADDITION (Resolution
No. 91-167)
Jullie said notice of this Public Hearing was properly
published and sent to owners with property interests.
There were no comments from the audience.
MOTION: Anderson moved, seconded by Pidcock, to close the
Public Hearing and to adopt Resolution No. 91-167 to vacate
drainage and utility easements in the Edenvale 15th
Addition. Motion carried 5-0.
D. ZONING CODE SIGN REGULATION AMENDMENTS by the City of Eden
Prairie. Request to amend definition of area
identification, new definitions for menu and readerboards,
increasing the sign area allowed for on-site directional and
address signs, setback requirements between free-standing
signs, and reorganization of existing sign regulations.
(Ordinance 18-91 - Amending Zoning Code Sign Regulation)
Jullie stated notice of this Public Hearing was properly
published in the Eden Prairie News. He said this item is
primarily a housekeeping item and called attention to the
Staff Memo dated July 2, 1991 from Jean Johnson.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Anderson, to close the
Public Hearing and to approve 1st Reading of Ordinance No.
18-91 to amend the Zoning Code Sign Regulations. Motion
carried 5-0.
E. JAMESTOWN VILLAS by the Rottlund Company, Inc. Adoption of
Resolution 91-128, Planned Unit Development Concept
3
City Council Meeting 6 July 16, 1991
Amendment on 60.8 acres, Planned Unit Development District
Review on 8.5 acre with waivers, Zoning District Amendment
within the RM-6.5 Zoning District on 8.5 acres, Site Plan
Review on 8.5 acres, and adoption of Resolution 91-129,
Preliminary Plat of 8.5 acres into 12 lots for construction
of 96 townhouse units to be known as Jamestown Villas.
Location: South of Highway 5, north of George Moran Drive.
(Resolution 91-128 - PUD Concept Amendment; Ordinance 21-91-
PUD-7-91 - Zoning District Amendment; Resolution 91-129 -
Preliminary Plat)
Jullie said notice of this Public Hearing was mailed to
owners of 10 surrounding properties and was published in the
July 4, 1991 issue of the Eden Prairie News.
Tod Stutsa, Executive Vice President of the Rottlund
Company, addressed the proposal.
Pidcock asked if there would be regulation-size double
garages. Stutsa said they would be 20 feet wide.
Senior Planner Franzen said the Planning Commission reviewed
this project at their June 24th meeting and recommended
approval with some revisions to be completed prior to
Council review. He referred to the Staff report of June
21st and noted that the main change the Planning Commission
was concerned with was the transition to the single family
homes to the east and south. He said the Commission
recommended additional and larger landscaping to provide a
buffer. He said the developers have completed all the
recommendations made by the Planning Commission.
Lambert said the Parks Commission did not review this
proposal as there were no issues different from those it
reviewed with the original PUD.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Jessen, to close the
Public Hearing and to adopt Resolution No. 91-128 for PUD
Concept Amendment. Motion carried 5-0.
MOTION: Pidcock moved, seconded by Jessen, to approve 1st
Reading of Ordinance No. 21-91-PUD-7-91 for Zoning District
Amendment, to adopt Resolution No. 91-129 approving the
Preliminary Plat, and to direct Staff to prepare a
Development Agreement incorporating Commission and Staff
recommendations. Motion carried 5-0.
F. CARPENTER NORTH PUD by Donald G. Brauer. Adoption of
Resolution 91-113, request for Comprehensive Guide Plan
Amendment from Medium Density Residential to Regional
Commercial on 4.5 acres, Adoption of Resolution 91-114,
Planned Unit Development Concept Review on 27.2 acres for
future development of commercial and multiple residential
land uses to be known as Carpenter North PUD. Location:
l'J
City Council Meeting 7 July 16, 1991
North of the intersection of Valley View Road and Prairie
Center Drive. (Resolution 91-113 - Comprehensive Guide Plan
Amendment; Resolution 91-114 - PUD Concept Review).
Jullie said notice of this Public Hearing was sent to owners
of 100 surrounding properties and was published in the July
4, 1991 issue of the Eden Prairie News.
Don Brauer and Walter Carpenter addressed the proposal.
Jessen asked if the Guide Plan permitted 165 units. Brauer
said the current plan does. Jessen then asked if the number
of units is now 117. Brauer said that was true, but on a
little less acreage, with 15.4 acres of Regional Commercial
and 11.7 acres of Residential.
Fransen said the Planning Commission recommended approval of
the Carpenter PUD at their July 8th meeting with changes to
be made before the project went on to the Council. He
referred to the Staff Memo of July 12th and said that the
Commission was concerned that there be lower densities on
the northwest and northeast corners because those were areas
of concern from the surrounding neighbors. He said they
wanted a change in the grading plan that would reduce the
tree loss. He said the plans have been revised according to
the Commission's recommendations regarding tree loss and PUD
densities.
Lambert said the Parks Commission heard the presentation for
the project; however, there was not a quorum present at the
meeting so they could not vote approval of the project. He
said the three members present were in support of the
Planning Commission recommendations to limit grading and to
require a sidewalk along the north side of Valley View,
along the west side of the cul-de-sac, and extending to the
park property to the west when the property is platted.
Kevin Blohm, 7465 Scott Terrace, expressed concern with the
road that will be almost directly behind his house. He said
he would like to see the road sunken down with retaining
walls. He said he was concerned with the height of the
apartment building and that they would really like to see
townhouses or condos instead of apartment buildings.
Tenpas noted that we are trying to approve a concept plan
tonight and that any project plans for the site will have to
be reviewed again with public hearings.
Jessen asked if his concern about the road was primarily
because of the lights. Blohm said that was correct. Brauer
said that a berm could be built to screen the lights.
Cindy Winkel, 13392 Zenith Lane, said her property is the
closest to the proposed development. She said she bought
her home solely for the view and her windows face the
proposed development. She said when she bought her home she
City Council Meeting 8 July 16, 1991
was told that none of that land was zoned commercial. She
said she is concerned about how the development will impact
the wildlife, her view and the noise pollution.
Bob Flynn, 7390 Butterscotch Road, said he lives just across
the street from the development. He said his main concern
is that multiple zoning will not allow townhouse development
on the property as he would not like to see apartments go in
there.
Tenpas said that the majority of the apartment complexes
built in Eden Prairie are of very high quality. Flint said
he was not concerned with looks, but rather he wanted owner-
occupied units.
Roger Brooks, 7370 Butterscotch Drive, said the Phase 1
grading is already done so development is already limited.
Tenpas said the Council has to look at this as an entire
plan. Pidcock reiterated that anything to be developed
there will have to come back before the Council and the
Planning Commission to get approval. Brooks said he thought
they should wait to do the grading until there was a plan.
Lyman Olson, 7360 Scot Terrace, said he couldn't imagine why
they would want to dig the hill down without lowering it on
the residential side. He said he didn't think the building
should be over two stories high and he thought the road
should be moved like Mr. Bluhm suggested.
Paul Swidewski, 7393 Butterscotch Road, said he had concerns
with tree loss and with the hill being taken out which would
create problems with erosion.
Tenpas said there will be a specific grading plan and there
are ordinances regarding screening and grading.
Jessen noted that we sometimes have trouble with erosion
control. He said the people in the neighborhood can help
with that by notifying the City if there are erosion
problems on a particular site.
Anderson said he regards this proposal as speculation and,
while he sympathizes with Mr. Carpenter, he didn't believe
we should grade the hill at this time without having a
specific plan. Anderson said he would agree with all of the
rest of the project except the grading of the top of the
hill.
Jessen said this parcel represents a very difficult
decision. He said the City has called for this kind of
parcel to transit between commercial and residential. He
said he thought the proposal before us was entirely
consistent with the long-term objectives set forth by the
City. He further added that this is one of those areas that
is going to require serious erosion and dust control. He
City Council Meeting 9 July 16, 1991
said he thought that we need to revise the alignment of the
road and to mitigate the effects of the lights.
Harris said she sees this as a plan that has progressed
through modifications that have attempted to meet
neighborhood and staff interests. She said this plan sets
parameters around what might happen to the property.
Pidcock said she had a problem with cutting down the hill
just for the sake of cutting it down. She said it is a good
plan except for that and asked how much will be taken down.
Brauer said they have preserved over 30% of the site and
they will be taking only the very top of the hill which has
no trees on it anyway.
Tenpas said he didn't have a problem with the plan as
presented. He said he saw the problem for most of the
people here to be the apartment complex; however, he
couldn't see any other economic use for the site. He said
there will be some type of multiple-family use on the site.
MOTION: Jessen moved, seconded by Harris, to adopt
Resolution 91-113 amending the Comprehensive Guide Plan.
Motion carried 4-1 with Anderson opposed.
MOTION: Jessen moved, seconded by Harris, to adopt
Resolution 91-114 approving PUD Concept Review, subject to
the conditions set forth in the Planning Commission
recommendations and the Staff Report of May 29, 1991.
Motion carried 4-1 with Anderson opposed.
V. PAYMENT OF CLAIMS
Pidcock said she would like the list of claims included in the
Council packet rather than receiving the list at the meeting.
Harris said she agreed.
MOTION: Jessen moved, seconded by Anderson, to approve the
payment of claims Nos. 16361 - 16745. Motion carried with
Anderson, Harris, Pidcock, Jessen and Tenpas voting "Aye."
VI. ORDINANCES AND RESOLUTIONS
A. TECH 10 by Hoyt Development Company. 2nd Reading of
Ordinance 20-91-PUD-6-91, Planned Unit Development District
Review within the I-2 Zoning District with waivers on 5.6
acres, Approval of Developer's Agreement; Adoption of
Resolution 91-160, Authorizing Summary and Ordering
Publication of Ordinance 20-91-PUD-6-91; Adoption of
Resolution 91-148, Site Plan Review on 5.6 acres for
approval of additional parking spaces on the Technology Park
7th Addition site. Location: southwest corner of West 74th
Street and Golden Triangle Drive. (Ordinance 20-91-PUD-6-91
- PUD District Review; Resolution 91-160 - Summary and
Publication of Ordinance 20-91-PUD-6-91; Resolution 91-148 -
Site Plan Review).
City Council Meeting 10 July 16, 1991
Jullie said this item should be tabled while staff resolves
the issues.
VII. PETITIONS. REQUESTS AND COMMUNICATIONS
A. REQUEST OF ENGINEERING DIVISION FOR AUTHORIZATION TO ACQUIRE
SLOPE EASEMENTS ADJACENT TO MITCHELL ROAD (Resolution No.
91-134) Continued from June 18, 1991
City Engineer Gray referred to his memorandum of July 16th
outlining two alternate plans for constructing a backslope
to a segment of Mitchell Road. He reviewed the costs
involved for both alternates and said that Staff would
prefer the slope alternate. He said the residents involved
are not willing to negotiate a slope easement; therefore,
Staff is recommending that we proceed with the retaining
wall system.
MOTION: Harris moved, seconded by Anderson, to proceed with
the construction of the retaining wall system.
Jessen asked if this will be assessed against the property
across the street. Grey said there are three major property
owners that share the costs so that a portion will go
against those properties along the road.
Vote on the Motion: Motion carried 5-0.
VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES
A. South Hennepin Human Services Council - Reorganization
Proposal
Jean Massey of the South Hennepin Human Services Council
presented the proposed reorganization of that group. She
said that the reorganization will allow the group to act
more effectively as a planning and coordinating agency for
human services. She said the new title for the agency will
be South Hennepin Regional Planning Office for Human
Services. She presented a diagram of the new organization.
Harris said she believes the reorganization allows the
organization to get back to basics with a focus on planning
and coordination.
Jessen asked who is the "doer" of the work. Massey replied
that this group does not have the capacity to provide
services. She said they will make recommendations regarding
the kinds of services that are needed, but it will be up to
the provider agencies and the cities involved to provide the
services.
Harris asked what was the response of the Human Rights and
Services Commission. Massey said it was received very well.
City Council Meeting 11 July 16, 1991
Director of Human Resources and Services Swaggert said they
are asking for concept approval from all four cities. She
said the next step will be to write a new Joint Powers
Agreement, and at that time it will be brought back for
Council approval.
MOTION: Pidcock moved, seconded by Anderson, to approve in
concept the reorganization of the South Hennepin Human
Services Council. Motion carried 5-0.
IX. APPOINTMENTS
A. Historical & Cultural Commission - Appointment of a member
to the Historical & Cultural Commission to fill a vacant
term to 2/28/92
Pidcock nominated Dominick and Heupel for the vacancy on the
Historical & Cultural Commission. Tenpas nominated Hoppe.
The Council then voted by secret ballot, with Hoppe winning
on a 3-1-1 vote.
MOTION: Anderson moved, seconded by Harris, to cast a
unanimous ballot for the appointment of Gerald Hoppe to the
Historical & Cultural Commission. Motion carried 5-0.
X. REPORTS OF OFFICERS
A. Reports of Councilmembers
1. Harris - Report on meeting with the School's Multi-
cultural Gender Fair Staff
Harris said that the School is developing a program to
deal with issues of cultural differences. She thought
the City should join with the School District in
working on this issue. She said she would suggest that
we charge the Human Rights and Services Commission to
attend the first meeting of the group next fall.
Jessen asked if some of the City Staff might also
participate. Swaggert said there is a working
relationship between the Police Department, Staff
personnel and the Human Resources staff.
MOTION: Pidcock moved, seconded by Jessen, to request
the Human Rights & Services Commission to join with the
School District in working on the issues of cultural
differences. Motion carried 5-0.
2. Anderson - Discussion on Nexus Program and Home School
program
Anderson said the Police Department and neighbors met
last Wednesday with the Minnetonka Mayor to discuss
concerns dealing with the Nexus program and the Home
School in Minnetonka. He said there was concern after
Kilt)
City Council Meeting 12 July 16, 1991
it was learned that the Eden Prairie Police Department
was not informed of walk-aways from those two programs.
He said he thought we should request information on
those programs.
Jullie said the Nexus Program is a treatment center for
young males who have need for treatment for drug or
sexual abuse. He said the Staff is primarily
psychologists and it is a private non-profit
organization.
Tenpas asked if this should be referred back to the
Police Department. Jullie said he thought the
residents were somewhat comforted at the meeting after
learning more about the Nexus Program and the fact that
they screen out the aggressive behavior person. He
said Nexus is willing to set up a citizen's committee
and to have a resident serve on their Board of
Directors.
Tenpas said he thought we should have the Police
Department provide a monthly report to keep us informed
of what is happening in those two facilities.
Jessen said he thought their not notifying the Police
Department was inexcusable.
3. Tenpas said he would like to see Laurie Helling and her
staff commended in some way for the 4th of July
celebration. He said the policeman involved in the
Safety Camp should also be commended.
B. Report of City Manager
1. Revision of Employee Severance Sick Leave Program
Referring to her memo of June 28th, Swaggert outlined
the proposed changes in the employee
sickleave/severance pay program. She said these
changes are proposed as part of a review of all
employee benefit programs begun in 1986 with the
objective of eliminating duplication and reducing
costs.
Jessen said he thought there are still problems because
the long-term disability does not start for six months.
He said this change in pay-out policy could result in a
considerable increase in expense at budget time.
Tenpas said he was concerned with abuse of the sick
leave policy. Jessen said he was also concerned with
that. Harris said the changes will give the employees
an incentive to bank sick time, thereby discouraging
abuse.
iC,
City Council Meeting 13 July 16, 1991
Tenpas asked if we bank vacation time too. Swaggert
said we do, but there is a cap of two years accrual on
vacation time with a forfeit after the two years.
Anderson asked when the LTD kicks in. Swaggert replied
after 1040 hours. She said she checked with the
insurance company on that and 61% of their business has
the 6-month waiting period.
Swaggert said they looked at what is being done in
other cities. She circulated copies of the Bloomington
program which she said is more liberal than Eden
Prairie's.
MOTION: Pidcock moved, seconded by Harris, to extend
the meeting 15 minutes beyond the 11:00 PM adjournment
deadline. Motion carried 5-0.
Jessen asked what this will cost us next year. Jullie
said it is expected to be about $12,000 per year.
Jessen said he was concerned that we will have to make
a reserve fund for this and that will have to be more
than $12,000. Jullie said that would have to be an
actuarial calculation.
Jessen said his concern was for the people who have not
had a chance to accumulate 800 hours and who will be
stuck in the gap between 240 hours and 1040 hours. He
said he thought we could come up with a plan that would
help people in that gap by decreasing the wait for LTD
or by some other means. He said he thought there were
other options that we could explore. Anderson said he
was also concerned with the 6-month wait for LTD to
kick in.
Harris said there are really two different issues--one
is dealing with episodic illness and the other is long-
term disability. She said she thought we are dealing
with the accrual of sick hours that can be used to deal
with sickness. Tenpas said he thought the accrual was
to fill the gap between short-term and long-term
disability. Swaggert said you still need to have a
short-term disability plan even if you shorten the
waiting time for long-term disability.
Jessen said he was concerned that this represents a
huge potential future liability for the City. Harris
asked if he was concerned about the proposal to payout
accrued sick leave days. Jessen said he thought the
only reason we accrue over 1040 hours was to provide
severance benefits, and he thought there were other
ways to provide that. Harris said she didn't have a
problem with paying out as a severance benefit.
Tenpas said he needs to know the actual cost to us over
the next six years for this program. He said if the
City Council Meeting 14 July 16, 1991
intent of this is as a retirement benefit, then we
should be using a different vehicle.
Swaggert said there is another issue regarding retiree
health care benefits in that the City has elected to
not get involved in that because there are a lot of
unknowns. She said it might be good to look at this
payout as a means for retirees to finance health care
benefits. She said there are employees who refuse to
retire because they can't afford to carry health care
insurance. Anderson said he liked that aspect of it.
Harris said she thought the communication of the
program to the employees would be extremely important.
Jessen said he thought this should be tabled until we
know the affect on the budget and investigate some of
the things that are done in the private sector. He
said he preferred to address severance pay in some
other manner. Tenpas said he agreed.
Swaggert said it was important to look at the program
in its entirety. She said a benefit program is
carefully structured so that the pieces fit together.
Anderson said he thought it is important to discuss the
issue of insurance coverage after retirement.
The consensus was to table the discussion until the
next meeting.
2. $et Date for Special City Council Meeting
Jullie suggested Tuesday, July 30th at 5:30 PM to
discuss authorizing the sale of bonds for sewer and
water projects. Councilmembers concurred.
C. Report of Director of Parks. Recreation & Natural Resources
1. Request from Westover Homeowners Association
Lambert reviewed the offer by the Westover Homeowners
Association to donate two parks to the City. Referring
to the memo of June 28th from Manager of Parks &
Natural Resources Fox, Lambert said they are
recommending that we not accept the donation.
Anderson said he agreed with the recommendation,
particularly since this has been the policy of the City
for a long period of time.
MOTION: Anderson moved, seconded by Harris, to decline
the offer from the Westover Homeowners Association to
donate the two parks to the City. Motion carried 5-0.
City Council Meeting 15 July 16, 1991
2. Petition to Riley-Purgatory-Bluff Creek Watershed
District for Construction of the Staring Lake/Purgatory
creek Recreation Area Basic Water Management Proiect
Lambert reviewed the petition and referred to the memo
of July 11th outlining the background, cost estimates
and details of the project.
Jessen asked if this had been discussed with the
property owners out there. Lambert said there has been
no discussion about this particular petition but the
idea has been discussed for eight years.
Jessen said he was concerned with the issue that we
need to consult with some of the property owners before
we continue with this. He said it is important that we
own the land and not rely on drainage or flowage
easements. He said that the timing is very important,
that he and Anderson should talk to the property owners
and that we should continue this item until the next
meeting.
MOTION: Pidcock moved, seconded by Anderson, to
postpone this item until the next meeting to allow time
to contact the property owners. Motion carried 5-0.
XI. OTHER BUSINESS
A. Resolution No. 91-171 Requesting Speed Study for Pioneer
Trail (CSAH 1) from Eden Prairie Road (CSAH 4) to Cedar
Crest Drive
MOTION: Harris moved, seconded by Pidcock, to adopt
Resolution No. 91-171 requesting Speed Study for Pioneer
Trail (CSAH 1) from Eden Prairie Road (CSAH 4) to Cedar
Crest Drive. Motion carried 5-0.
XII. ADJOURNMENT
MOTION: Pidcock moved, seconded by Harris, to adjourn the
meeting at 11:30 PM. Motion carried 5-0.
/f)
EDEN PRAIRIE CITY CQUNCIL
UNAPPROVED MINUTES
TIME: 7:30 PM Tuesday, August 6, 1991
LOCATION: City Hall Council Chambers,
7600 Executive Drive
COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, •
H. Martin Jessen and Patricia Pidcock
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 & Natural
Resources Robert Lambert, Director of Public Works
Gene Dietz, and Recording Secretary Roberta Wick
PLEDGE OF ALLEGIANCE
ROLL CALL Present: Douglas Tenpas, Jean Harris, H. Martin
Jessen, Patricia Pidcock.
Absent: Richard Anderson
COMMENDATION RECOGNIZING THE OUTSTANDING EFFORTS OF SAFETY CAMP
•
•
STAFF AND SPONSORS
Mayor Tenpas presented a commendation to representatives from the Eden
Prairie Police, Fire, and Park, Recreation and Natural Resources Departments,
Eden Prairie Lioness Club, and American Family Insurance for their efforts in
making the Eden Prairie Safety Camp a success this year.
COMMENDATION FOR JULY 4 CELEBRATION
Mayor Tenpas presented commendations to Karen Clark, representing Norwest
Bank, and Laurie Helling, Manager of Recreation Services, representing the
Eden Prairie Park, Recreation and Natural Resources Commission for their
contributions in making the community 4th of July celebration a success.
Norwest Bank had sponsored the fireworks display.
LIONS CLUB GOLF TOURNAMENT
Jessen said that the City of Eden Prairie had been invited to play in the
recent. Lions Club Golf Tournament and won first place in that tournament. He
presented a traveling trophy to the City which will be displayed at City Hall
for one year.
C
/V4
Eden Prairie 2 August 6, 1991
City Council Minutes Unapproved
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION
Pidcock moved, seconded by Harris, to approve the agenda.
Jullie requested the addition of one item to the Clerk's License List,
III.O. on the Consent Calendar, Gambling License to the Sweet Adelines
at the American Legion Club.
Pidcock requested the addition of two items under K.A., Reports of
Councilmembers: (1) Request from Revenue Sources Committee of the
League of Metropolitan Municipalities; (2) Information from the
Minneapolis Area Realtor. Tenpas requested the addition of two items:
(3) Stop signs on Franlo Road and Mount Curve Road; (4) Toilet facilities
at construction sites.
Motion to approve the agenda as amended approved 4-0.
II. MINUTES
A. Special City Council Meeting held Tuesday. July 30. 1991
MOTION
Pidcock moved, seconded by Harris, to approve the minutes of the
Special City Council meeting held Tuesday, July 30, I991.
Motion approved 4-0.
III. CONSENT CALENDAR
A. TECH 10 by Hoyt Development Company. 2nd Reading of Ordinance
20-91-PUD-6-91, Planned Unit Development District Review within the
•
1-2 Zoning District with waivers on 5.6 acres; Adoption of Resolution
9I-160, Authorizing Summary and Ordering Publication of Ordinance
20-91-PUD-6-91; Location: southwest corner of West 74th Street and
Golden Triangle Drive. (Ordinance 20-91-PUD-6-91 - PUD District
Review; Resolution 91-160 - Summary and Publication of Ordinance
20-91-PUD-6-91)
B. ZONING CODE SIGN REGULATION AMENDMENTS by the City of Eden
Prairie. 2nd Reading of Ordinance 18-91, Amending Zoning Code Sign
Regulations; Adoption of Resolution 91-172, Authorizing Summary and
Ordering Publication. (Ordinance 18-91 - Amending Zoning Code Sign
Regulations: Resolution 91-172 - Summary and Publication).
C. 2ND READING OF ORDINANCE NO 17-91, CONTROLLING WEEDS AND
GRASS ON_PRIVATE PROPERTY, AMENDING CITY CODE, CHAPTER 9,
SEC. 9.71 SUBi)). 1
Eden Prairie 3 August 6, 1991
City Council Minutes Unapproved
D. RECEIVE FEASIBILITY FOR ROWLAND ROAD IMPROVEMENTS. 1.C. 52-067
(Resolution No. 91-169)
E. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT BETWEEN
CITY, MR. & MRS. UHERKA. AND AMOCO OIL COMPANY
F. FINAL PLAT OF FARBER ADDITION (LOCATED NORTH OF ROWLAND
ROAD AND WEST OF RASPBERRY HILL ROAD) Resolution No. 91-175
G. FINAL PLAT OF DONNAY'S EDENVALE SECOND ADDITION (LOCATED AT
THE N.E. CORNER OF EDENVALE BOULEVARD AND LESLEY LAND)
Resolution No. 91-176
H. EAW RECORD OF DECISION FOR DELL ROAD AND SCENIC HEIGHTS
ROAD. I.C. 52-160 (Resolution No. 91-177)
I. APPROVE CHANGE ORDER NO 2 FOR TH 5 SOUTH FRONTAGE ROAD. I.C.
52-177
J. RECEIVE 100% PETITION FOR PRAIRIE CENTER DRIVE MEDIAN OPENING
AT JOINER WAY. I.C. 52-229 (Resolution No. 91-180)
K. APPROVE PLANS FOR PRAIRIE CENTER DRIVE MEDIAN OPENING AT
JOINER WAY. I.C. 52-229 (Resolution No. 91-181)
L. REQUEST FOR LAND ALTERATION PERMIT BY BRAD HOYT FOR AREA
SOUTH OF TECH 10
M. 2ND READING OF ORDINANCE NO 22-91. AMENDMENT OF PARK USE
RULES RELATION TO HORSES
ti. EXTENSION OF HEALTH BENEFITS TO CITY COUNCILMF.MBERS
O. CLERK'S LICENSE LIST
MOTION
Harris moved to approve the Consent Calendar as amended, seconded by
Pidcock. Motion approved •1-0.
IV. PUBLIC HEARINGS
A. DELL ROAD IMPROVEMENTS,_I.C. 52-126 (Resolution No. 91-178)
City Engineer Alan Gray reviewed the project and summarized the
Feasibility Study. He said that one main issue with the project was
whether or not there should be a railroad crossing on Dell Road and
•
if so, whether the crossing would be an at-grade or a separated
crossing. •
•
;n.i
•
Eden Prairie 4 August 6, 1991
City Council Minutes Unapproved
Mark Troxel, 7638 Paulson Drive, said that he saw no reason to
complete Dell Road as there was adequate access via Highway 101
which was scheduled for improvement and upgrading. He said he
disagreed with the feasibility study as far as the need for the
railroad crossing.
Mike Casanova, 18559 Kristie Lane, referred to a report which had
been distributed to Councilmembers and which had been prepared by
the neighborhood group. He pointed out that the present railroad
grade isolated the single-family residential area from the industrial
area. He believed the City's plan did not take into consideration the
planned upgrade for Highway 101 or the improvements to Eden
Prairie Road. He questioned whether it was necessary to improve
Dell Road with Highway 101 being only three-quarters of a mile away.
He also said that emergency vehicles had adequate access to the area
at the present time. He believed the new road could be a hazard at
the railroad crossing and called Council's attention to pictures Cl
and C2 in the report which illustrated the situation existing at this
location.
Casanova said that if the Council determined that Dell Road would be
upgraded, he recommended that a separated railroad crossing be
installed rather than an at-grade crossing for the following reasons:
(1) It would lessen the impact on area residents because there would
be less noise from the trains. He also pointed out that tree
replacement would not be possible with an at-grade crossing. (2)
Right-of-way slope guidelines could be adhered to with a grade-
separated crossing. (3) Construction would comply with existing
grade covenants. (4) A separate crossing would be safer for
children and bicycles, and delays for traffic and emergency vehicles
could be avoided. (5) There was also concern about hazardous
materials traveling over an at-grade crossing.
Casanova said he believed costs would be less for a separate
crossing because eminent domain awards would not be necessary and
liability costs would be less. He presented Council with a petition
with 74 signatures opposing the Dell Road extension and requested a
roll call vote on this item.
Teresa Waters, 18119 Evener Way, spoke in favor of the Dell Road
Extension project as she believed it would alleviate the traffic
problems experienced on Evener Way. She requested Council give
time for the people in the Evener Way neighborhood to prepare a
study of their concerns.
Tom Boerboom, 18519 Twilight Trail, spoke in opposition to the Dell
Road Extension and the railroad crossing. He believed the train
noise would be intolerable to his property and would lower its value.
Eden Prairie 5 August 6, 1991
City Council Minutes Unapproved
Pidcock asked whether the railroad would participate in the cost of
the crossing in any way. Dietz said no and that the cost would fall
to the City only.
Tenpas asked what the project would cost without the railroad
crossing. Dietz said it would cost $313,000.
Harris asked what the impact to the community would be if the road
did not go through. Dietz replied that ordinarily collector streets
were placed every third-to-half mile and that Highway 101 and
County Road 4 were not collector streets. He said he believed the
completion of Dell Road was necessary to make the City's road system
work. Projections for Highway 101 and County Road 4 show that
these roads would be very congested in 20 years and for this reason
it was necessary for the City to develop its own road system. Gray
added that the benefits of the project would include taking the
pressure off residential streets and better distribution of traffic at
certain intersections because traffic moving from southwest to north
would choose Dell Road if it were available.
Pidcock said she believed the Dell Road extension was needed but
that she did not believe an at-grade crossing was necessary. She
( said she would favor another type of railroad crossing.
Harris said she agreed with Pidcock. She said she believed the road
system needed to be developed and that a grade separation at the
railroad crossing would mitigate some of the concerns of the
neighborhood.
Jessen said he agreed that Dell Road needed to be connected but
would favor a separated railroad crossing.
Tenpas said he believed the neighborhood had a compelling
argument. However, he said he favored the Dell Road connection
with a separated crossing. He said he would like staff to put
together costs on a grade-separated railroad crossing.
Deitz pointed out that the cost of constructing an off-grade crossing
would be $700,000 more than an at-grade crossing. He said that the
project was eligible for state aid funds; however, it was possible the
City might not have enough money for the off-grade crossing and
construction of other state-aid eligible projects such as Rowland
Road. He suggested that bonds could be issued for the project.
There were no further comments from the audience.
/�IGtI;
Eden Prairie 6 August 6, 1991
City Council Minutes Unapproved
MOTION
Jessen moved, seconded by Pidcock, to order the Dell Road
Improvements, I.C. 52-126 (Resolution No. 91-178) with the grade-
separated railroad crossing, subject to the timing of the project in
relation to the priority of other projects. Motion approved 4-0.
B. SINGLETREE PLAZA by The Robert Larsen Partners. Request for
Zoning District Change from Rural to Community Commercial on
approximately 19 acres with variances to be reviewed by the Board
of Appeals, and Site Plan Review on approximately 19 acres for
construction of 114,000 square feet of commercial uses to be known
as Singletree Plaza. Location: South of Singletree Lane, east of
Prairie Center Drive, west of Eden Road. (Ordinance 16-91 - Zoning
District Change).
Jullie said that notice of the public hearing was property mailed to
owners of properties in the project area and published in the July
25, 1991 issue of the Eden Prairie News.
Kelly Doran, representing The Robert Larsen Partners, said he had
worked with the planning staff and the Planning Commission on the
details of the project. He was requesting approval of the 1st
Reading for Zoning District Change from Rural to Community
Commercial. He said he would be meeting with the Planning
Commission on August 12,1991 and planned to be back before Council
on September 3, 1991 for 2nd Reading. He said he concurred with
the staff report except for Items 1 through 3 which referred to
review of the plans by the urban design consultant. He said he
would be willing to work with staff to resolve the issues concerning
these items prior to 2nd reading.
Enger said the firm of Cluts O'Brien Strother Architects, had been
retained and had begun work within the last eight days on a design
for the Major Center Area.
Enger also said the proponent had agreed to consider two sites for
this project: (1) 100% on the Bermel site; (2) The east part of the
Bermel property and additional land along Highway 169. Enger
pointed out that the only project plan presented by the proponent
to Council was for the facility planned for the Bermel property only.
He said the Planning Commission had not made a recommendation on
the project and had continued the item to its August 12, 1991
meeting.
Enger said that more work was necessary on the site plan. Some of
the issues still to be resolved were whether the connection of
Columbine Road/Regional Center Drive should be public or private,
and what the cost sharing would be if it were public; the alternative
Eden Prairie 7 August 6, 1991
City Council Minutes Unapproved
of a private street system on the property in lieu of an extension of
Commonwealth Drive as a public road; and the exterior design of the
building as well as urban design feature on the site.
Brian Cluts, representing Cluts O'Brien Strothers, reviewed plena for
a design for the Major Center Area with drawings and explained how
the elements he was suggesting could be incorporated into the Wal-
Mart project.
Tenpas said he was concerned about continuity and economic
development in the area. He said one issue for future consideration
should be how much of the coat would be incurred by the City and
how much would be incurred by the developer. Also, if City did
participate, he was concerned how participation would be financed.
Harris said she believed it was appropriate for the City to request
certain criteria in design, but she also believed some of the issues
concerning costs were subject to negotiation.
Jessen he favored the Wal-Mart store in this location. He agreed
with the need for discussion on how much the City could require the
developer to pay for concepts. He believed that if the project did
not go through, it would send a bad message about the possibility of
developing downtown Eden Prairie.
Pidcock said she was in favor of Wal-mart in this location. She said
she would like to wait for input from the Planning Commission before
acting on the issue.
Harris said she supported the Wal-Mart project for the site.
However, she said she would like to continue the item to August 20
after the Planning Commission and the Parks, Recreation and Natural
Resources Commission had had an opportunity to review it.
Tenpas said that because the property was in jeopardy, he favored
approving 1st reading in order not to delay the project.
Kelly Doran said he believed that continuation of the project to the
next meeting would create a problem with the proponent's willingness
to pursue to the dual track on the location of the building as it had
been doing.
There were no comments from the audience.
Eden Prairie 8 August 6, 1991
City Council Minutes Unapproved
MOTION
Jessen moved, seconded by Harris, that Council express conceptual
approval of the Wal-Mart project subject to the development of
agreement between the developer and the City on the unresolved
issues of building and road design, and the urban design features
on the site. Motion approved 4-0.
C. BOULDER POINTE 2ND ADDITION by Robert H. Mason, Inc. Request
for Zoning District Change from Rural to R1-13.5 on 43.7 acres;
Adoption of Resolution 91-179, Preliminary Plat of 68 acres into 75
single-family lots, two outlots and road right-of-way to be known as
Boulder Pointe 2nd Addition. Location: south of Mitchell Road, west
of Twin Lakes Crossing and north of Victoria Drive. (Ordinance 23-
91 - Zoning District Change; Resolution 91-179 - Preliminary Plat)
Juliie said notice of the Public Hearing had been sent to owners of
surrounding properties and properly published in the Eden Prairie
News.
Randy Travalia, representing Robert Mason Homes, reviewed the
project through the use of maps and charts. He said that the
proponent accepted all the recommendations made by City staff
except for Item No. 1.E. of the staff report which requested the
proponent to submit surety for the replacement of 34 caliper-inches
of trees. He believed this was unncessary because the proponent
would be planting several hundred caliper-inches of trees. He also
requested an early grading permit.
Jessen requested assurance from the proponent that proper erosion
control would be done at the construction site. Gray said that
Robert H. Mason, Inc. had done an exceptionally good job with
erosion control and this should not present a problem.
Enger said the Planning Commission had reviewed the item at its
July 22, 1991 meeting. He said the purpose of the requirement for
34 caliper inches of tree replacement was to guarantee that there
would be trees on the site, and that the request for waiving the
surety on this item was a reasonable request.
Lambert said the Parks, Recreation and Natural Resources Commission
had recommended unanimous approval at its August 5 meeting.
There were no comments from the audience.
MOTION
Harris moved to close the public hearing and approve 1st Reading of
Ordinance No. 23-91 for Zoning District Change. Seconded by
Pidcock. Motion approved 4-0.
1731
Eden Prairie 9 August 6, 1991
City Council Minutes Unapproved
MOTION
Harris moved to adopt Resolution No. 91-179 to approve the
Preliminary Plat, to waive the bond requirement for tree replacement,
and direct staff to prepare a development agreement incorporating
staff and Commission recommendations. Seconded by Pidcock. Motion
approved 4-0.
MOTION
•
Harris moved to grant an early grading permit at the proponent's
own risk of a possible requirement for restoration. Seconded by
Pidcock. Motion approved 4-0.
At this point in the meeting, Pidcock requested that the Presentation of the
1990 Audit Report be held. (See Item X.B.2.)
MOTION
At 11:00 PM, immediately following the Audit Report, Jessen moved,
seconded by Harris, to continue the meeting to 11:30 PM. Motion approved
4-0.
V. PAYMENT OF CLAIMS
MOTION
Jensen moved, seconded by Harris, to approve payment of claims.
Payment of claims approved with Jessen, Pidcock, Harris, and Tenpas all
voting "AYE".
Motion approved 4-0.
•
VI. ORDINANCES AND RESOLUTIONS
VII. PETITIONS. REQUESTS & COMMUNICATIONS
VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS. & COMMITTEES
IX. APPOINTMENTS
ff
l74.
Eden Prairie 10 August 6, 1991
City Council Minutes Unapproved
X. REPORTS OF OFFICERS
A. Reports of Councilmembera
1. Request from the Revenue Sources Committee of the League of
Metropolitan Municipalities
Pidcock said that the Revenue Commission of the League of
Metropolitan Municipalities would like input in the area of
revenue and expenses and how the City would like the
Committee's policy shaped. She requested staff to prepare some
recommendations for the Committee's August 15, 1991 meeting.
These suggestions should concern particularly state aid and
whether or not the 2% local sales tax should be dedicated. The
Committee's purpose was to lobby the Legislature on these two
subjects.
2. Information from the Minneapolis Area Realtor
Pidcock said that the Minneapolis Area Realtor Publication had
published an article regarding code compliance and she
requested that staff review and comment on it.
3. Stop Signs on Franlo Road and Mount Curve Road
Tenpas said that there seemed to be a problem at this ff
intersection since people coming north were not required to stop. d.
He asked why this was a 2-way rather than a 3-way stop and
requested input from the Public Works Director on the subject.
4. Toilet Facilities at Construction Sites
Tenpas said he had received a number of complaints about
workers at construction sites using neighboring yards as toilets
and asked if there was a City Code that required portable toilets
at all construction sites. Pauly said he believed there was an
OSHA requirement on this subject and would check into it
further.
B. Report of City Manager
1. Relief Agreement Extension for Paragon Cable {
Jullie said that the Southwest Suburban Cable Commission was 1
preparing to approve a Relief Extension Agreement and wished to
find out if the communities involved approved the concept.
33
Eden Prairie 11 August 6, 1991
City Council Minutes Unapproved
MOTION
Harris moved, seconded by Pidcock, to approve the concept of
the Relief Extension Agreement. Motion approved 4-0.
2. Presentation of 1990 Audit Report (Moved to follow Item IV.0 on
the agenda)
John Brand from Fox McCue and Company reviewed the audit
report. He said the general fund showed significant revenues
over expenditures. The Capital Project Funds had deficits
building up and he suggested there was need for bonding in
some of these funds. Public Improvement funds also showed a
deficit. He said the City'a Liquor operation showed a steady
growth in sales and operating income and income from the
utilities operations was more volatile as it was weather-
dependent. For example, more water would be used in dry
weather versus rainy weather. Overall, the City's financial
status appeared to be favorable.
MOTION
Pidcock moved, seconded by Harris, to accept the Audit Report.
Motion approved 4-0.
C. Report of Director of Parks. Recreation do Natural Resources
1. Recommendations for Community Center Expansion Program
Lambert reviewed his memo of July 18, 1991 regarding the
recommendation for Community Center Expansion Program. He
said he planned to proceed on the eight items outlined in the
memo unless instructed differently by Council. He said the
North Stars had offered the City a buyout on the locker space
for $140,000 and recommended the City accept the offer as this
was would be the cost to build new locker space. He said he
would be meeting with the Eden Prairie School Public School
District as it wanted locker room space in the Community Center
as well as a connection from the high school building to the
Community Center. He requested approval to negotiate a buyout
of $140,000 with the North Stars and to negotiate locker room
space and a building connection with the School District.
MOTION
Harris moved to approve the Concept for the Community Center
Expansion Program as outlined in Lambert's memo of July 18,
1991. Seconded by Jessen. Motion approved 4-0.
•
Eden Prairie 12 August 6, 1991
City Council Minutes Unapproved
D. flenort of Director of Public Works
1. Award Contract for Bluffs West 9th Addition. Bluestein Ridge. and
Bluffs East 8th Addition, I.C. 52-199. 52-223. and 52-224
(Resolution No. 91-182)
MOTION
Pidcock moved, seconded by Jessen, to approve Resolution No.
91-182 awarding construction bids for I.0 52-224 Bluffs W. 9th
Addition, I.C. 52-223 Bluffs E. 8th Addition, and I.C. 52-199
Bluestem Ridge to Richard Knutson, Inc. Motion approved 4-0.
2. Review Alternatives for Parks/Public Works Maintenance Facility
Dietz reviewed his memo dated July 25, 1991 regarding the
Parks/Public Works Facility Alternative Analysis. He said the
Eaton site had been found to be the most favorable by staff
because it was in the best location. He said it was not as large
as Necessary and additional land would be needed for the long-
term. He said the Eaton site also nee 1-d to be remodeled and
the remodeling could not be done in pha,-es :s would be possible
on a new building.
MOTION
Pidcock moved, seconded by Harris, that Dietz proceed with an
agreement to purchase the Eaton property and the recommended
extra acreage. Motion approved 4-0.
XI. OTHER BUSINESS
XII. ADJOURNMENT
MOTION
Pidcock moved, seconded by Harris, to adjourn at 11:30 PM. Motion
approved 4-0.
CERTIFICATION OF MINUTES RELATING TO
$1,900,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF
INDEBTEDNESS, SERIES 1991A
Issuer: City of Eden Prairie, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held
Tuesday, August 20, 1991, at 7:30 o'clock P.M., at the City Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including) :
RESOLUTION NO. 91-/°4
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $1,900,000 GENERAL OBLIGATION EQUIPMENT
CERTIFICATES OF INDEBTEDNESS, SERIES 1991A
I, the undersigned, being the duly qualified and acting
recording officer of the public corporation issuing the bonds
referred to in the title of this certificate, certify that the
documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal
custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of
a meeting of the governing body of said corporation, and correct
and complete copies of all resolutions and other actions taken and
of all documents approved by the governing body at said meeting,
so far as they relate to said bonds; and that said meeting was
duly held by the governing body at the time and place and was
attended throughout by the members indicated above, pursuant to
call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer
this day of August, 1991.
Finance Director/Clerk
r
I In t-
' , Jam/
The Finance Director/Clerk presented to the City Council
affidavits showing publication in the official newspaper and in
the Northwestern Financial Revieg of a Notice of Sale of
S1,900,000 General Obligation Equipment Certificates of
Indebtedness, Series 1991A, of the City, for which bids were to be
considered at this meeting in accordance with the resolution
adopted by the City Council on July 30, 1991. The affidavits were
examined and found satisfactory and directed to be placed on file
in the office of the Finance Director/Clerk.
The Finance Director/Clerk reported that sealed
bids had been received at or prior to the time stated in the
Notice of Sale, and the bids having been opened, publicly read and
considered, were all found to conform to the Notice of Sale and
the Official Notice of Sale and the highest and best bid of each
bidder was found to be as follows:
(See next page)
r'7.3')
Councilperson introduced the following
( resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF S1,900,000 GENERAL OBLIGATION
EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES
1991A
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the Issuer), as follows:
Section 1. Authorization and Sale.
(a) This Council, by its Resolution No. 91-174 adopted
on July 30, 1991, authorized the issuance and public sale of
S1,900,000 General Obligation Equipment Certificates of
Indebtedness, Series 1991A (the Obligations) of the Issuer to
finance the costs of acquiring certain items of capital equipment
as described in Resolution No. 91-174.
(b) Notice of Sale has been duly published. Pursuant
to the Official Terms of Offering and the Notice of Sale,
sealed bids for the purchase of the Obligations were received at
or before the time specified for receipt of bids. The bids have
been opened, publicly read and considered and the purchase price,
interest rates and net interest cost under the terms of each bid
have been determined. The most favorable bid received is that of
of
and associates (the Purchaser), to purchase the Obligations at a
price of $ plus accrued interest on all Obligations
to the day of delivery and payment, on the further terms and
conditions hereinafter set forth.
(c) The sale of the Obligations is hereby awarded to
the Purchaser and the Mayor and Finance Director/Clerk are hereby
authorized and directed to execute a contract on behalf of the
Issuer for the sale of the Obligations in accordance with the
terms of the bid. The good faith deposit of the Purchaser shall
be retained by the Issuer until the Obligations have been
delivered. The good faith checks of other bidders shall be
returned to them forthwith.
Section 2. Bond Terms: Registration: Execution and
Delivery.
2.01. Issuance of Ohligationq. All acts, conditions
and things which are required by the Constitution and laws of the
State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the
Obligations having been done, now existing, having happened and
having been performed, it is now necessary for the City Council to
establish the form and terms of the Obligations, to provide
security therefor and to issue the Obligations forthwith.
2.02. gates. Maturities: Interest Rates; Denominations
,and Payment. The Obligations shall be originally dated as of
September 1, 1991, shall be in denominations of $5,000 or any
integral multiple thereof, of single maturities, shall mature on
February 1 in the years and amounts stated below, without option
of prior payment, and shall bear interest from date of original
issue until paid at the annual rates set forth opposite such years
and amounts, as follows:
Year Amount rnterpst Rate
1992 $175,000
1993 350,000
1994 375,000
1995 475,000
1996 525,000
The Obligations shall be issuable only in fully registered form.
The interest thereon and, upon surrender of each Obligation at the
principal office of the Registrar described herein, the principal
amount thereof, shall be payable by check or draft issued by the
Registrar described herein. The Registrar shall, upon the initial
issuance and delivery of the Obligations and any subsequent
transfer, exchange or substitution of Obligations, note thereon
the date of authentication and delivery thereof.
2.03. Jnterest Payment Dateg. The interest on the
Obligations shall be payable on February 1 and August 1 in each
year, commencing February 1, 1992, to the owner of record thereof
as of the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business
day.
2.04. Redemption. The Obligations shall not be subject
to prepayment prior to their stated maturities.
2.05. Appointment of Initial RPgistrar. The Issuer
hereby appoints
as the initial bond registrar, transfer agent and paying agent
(the Registrar) for the Obligations. The Mayor and Finance
Director/Clerk are authorized to execute and deliver, on behalf of
the Issuer, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the
resulting corporation is a bank or trust company authorized by law
to conduct such business, such corporation shall be authorized to
act as successor Registrar. The Issuer agrees to pay the
reasonable and customary charges of the Registrar for the services
performed. The Issuer reserves the right to remove the Registrar
upon thirty days' notice and upon the appointment of a successor
-2-
Registrar, in which event the predecessor Registrar shall deliver
all cash and Obligations in its possession to the successor
Registrar and shall deliver the bond register to the successor
Registrar.
2.06. Registration. The effect of registration and the
rights and duties of the Issuer and the Registrar with respect
thereto shall be as follows:
(a) Register. The Registrar shall keep at its
principal corporate trust office a bond register in which the •
Registrar shall provide for the registration of ownership of
Obligations and the registration of transfers and exchanges
of Obligations entitled to be registered, transferred or
exchanged.
(b) Transfer of Obligations. Upon surrender for
transfer of any Obligation duly endorsed by the registered
owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly
executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the
Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, one or more new
Obligations of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar may,
however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Fxchange of Obligations. Whenever any
Obligations are surrendered by the registered owner for
exchange the Registrar shall authenticate and deliver one or
more new Obligations of a like aggregate principal amount and
maturity, as requested by the registered owner or the owner's
attorney in writing.
(d) Cancellation. All Obligations surrendered upon
any transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the
Issuer.
(e) Improper or Unauthorized Transfer. When any
Obligation is presented to the Registrar for transfer, the
Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Obligation or separate
instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar
shall incur no liability for the refusal, in good faith, to
make transfers which it, in its judgment, deems improper or
unauthorized.
-3-
(f) persons Deemed Owners. The Issuer and the
Registrar may treat the person in whose name any Obligation
is at any time registered in the bond register as the
absolute owner of the Obligation, whether the Obligation
shall be overdue or not, for the purpose of receiving payment
of or on account of, the principal of and interest on the
Obligation and for all other purposes; and all payments made
to any registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability
upon Obligation to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. For every transfer or
exchange of Obligations (except for an exchange upon a
partial redemption of an Obligation), the Registrar may
impose a charge upon the owner thereof sufficient to
reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such
transfer or exchange.
(h) Mutilated. Lost. Stnten nr legtrnyec4
Obligations. In case any Obligation shall become mutilated
or be destroyed, stolen or lost, the Registrar shall deliver
a new Obligation of like amount, number, maturity date and
tenor in exchange and substitution for and upon cancellation
of any such mutilated Obligation or in lieu of and in
substitution for any Obligation destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of
the Registrar in connection therewith; and, in the case of a
Obligation destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Obligation
was destroyed, stolen or lost, and of the ownership thereof,
and upon furnishing to the Registrar of an appropriate bond
or indemnity in form, substance and amount satisfactory to
it, in which both the Issuer and the Registrar shall be named
as obligees. All Obligations so surrendered to the Registrar
shall be cancelled by it and evidence of such cancellation
shall be given to the Issuer. If the mutilated, destroyed,
stolen or lost Obligation has already matured or been called
for redemption in accordance with its terms it shall not be
necessary to issue a new Obligation prior to payment.
(i) Authenticating Agent. The Registrar is hereby
designated authenticating agent for the Obligations, within
the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
2.07. Rxeriitinn. Authentication and Delivery. The
Obligations shall be prepared under the direction of the Finance
Director/Clerk and shall be executed on behalf of the Issuer by
the signatures of the Mayor and the Manager, provided that the
signatures may be printed, engraved or lithographed facsimiles of
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rJ
the originals. In case any officer whose signature or a facsimile
of whose signature shall appear on the Obligations shall cease to
be such officer before the delivery of any Obligation, such
signature or facsimile shall nevertheless be valid and sufficient
for all purposes, the same as if he had remained in office until
delivery. Notwithstanding such execution, no Obligation shall be
valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of
authentication on the Obligation has been duly executed by the
manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Obligations need not
be signed by the same representative. The executed certificate of
authentication on each Obligation shall be conclusive evidence
that it has been authenticated and delivered under this
Resolution. When the Obligations have been prepared, executed and
authenticated, the Finance Director/Clerk shall deliver them to
the Purchaser upon payment of the purchase price in accordance
with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase
price.
2.08. Form of Ohligation .. The Obligations shall be
prepared in substantially the following form:
-5-
[Face of the Obligations]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS,
SERIES 1991A
Interest Maturity Date of
Rate Date Original Issue CUSIP
September 1, 1991
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDEN PRAIRIE, COUNTY OF HENNEPIN, MINNESOTA
(the Issuer), a duly organized and existing municipal corporation,
acknowledges itself to be indebted and for value received hereby
promises to pay to the registered owner specified above, or
registered assigns, the principal sum specified above on the
maturity date specified above, without option of prior payment,
and to pay interest thereon from the date of original issue
specified above, or from the most recent date to which interest
has been paid or duly provided for, at the annual rate specified
above, payable on February 1 and August 1 in each year, commencing
February 1, 1992, to the person in whose name this Obligation is
registered at the close of business on the fifteenth day (whether
or not a business day) of the immediately preceding month. The
interest hereon and, upon presentation and surrender hereof, the
principal hereof are payable in lawful money of the United States
of America by check or draft by
in as Registrar and Paying Agent (the
Registrar), or its designated successor under the Resolution
described herein. For the prompt and full payment of such
principal and interest as the same respectively become due, the
full faith, credit and taxing powers of the Issuer have been and
are hereby irrevocably pledged.
Additional provisions of this Obligation are contained on
the reverse hereof and such provisions shall for all purposes have
the same effect as though fully set forth hereon.
This Obligation shall not be valid or become obligatory
for any purpose or be entitled to any security or benefit under
-6-
the Resolution until the Certificate of Authentication hereon
shall have been executed by the Registrar by manual signature of
one of its authorized representatives.
IN WITNESS WHEREOF, the City of Eden Prairie, County of
Hennepin, Minnesota, by its City Council, has caused this
Obligation to be executed on its behalf by the printed facsimile
signatures of its Mayor and Manager.
Date of Authentication:
CITY OF EDEN PRAIRIE, MINNESOTA
(facsimile) (facsimile)
Manager Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Obligations delivered pursuant to the
Resolution mentioned within.
as Registrar
By
Authorized Representative
(Reverse of the Obligations]
This Obligation is one of an issue in the aggregate
principal amount of $1,900,000, issued pursuant to a resolution
adopted by the City Council on August 20, 1991 (the Resolution),
to finance the costs of acquisition of capital equipment, and is
issued pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Section 412.301 and Chapter 475. The
Obligations are issuable only in fully registered form, in
denominations of $5,000 or any integral multiple thereof, of
single maturities.
As provided in the Resolution and subject to certain
limitations set forth therein, this Obligation is transferable
upon the books of the Issuer at the principal office of the
Registrar, by the registered owner hereof in person or by the
owner's attorney duly authorized in writing upon surrender hereof
-7-
1_1
together with a written instrument of transfer satisfactory to the
Registrar, duly executed by the registered owner or the owner's
attorney; and may also be surrendered in exchange for Obligations
of other authorized denominations. Upon such transfer or exchange
the Issuer will cause a new Obligation or Obligations to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax,
fee or governmental charge required to be paid with respect to
such transfer or exchange.
The Issuer and the Registrar may deem and treat the
person in whose name this Obligation is registered as the absolute
owner hereof, whether this Obligation is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the Issuer nor the Registrar shall be affected by any
notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution
and laws of the State of Minnesota to be done, to exist, to happen
and to be performed preliminary to and in the issuance of this
Obligation in order to make it a valid and binding general
obligation of the Issuer in accordance with its terms, have been
done, do exist, have happened and have been performed as so
required; that, prior to the issuance hereof the City Council has
levied ad valorem taxes on all taxable property in the Issuer,
which taxes will be collectible for the years and in amounts
sufficient to produce sums not less than five percent in excess of
the principal of and interest on the Obligations when due, and has
appropriated such taxes to the Debt Service Fund for the payment
of such principal and interest; that if necessary for payment of
such principal and interest, additional ad valorem taxes are
required to be levied upon all taxable property in the Issuer,
without limitation as to rate or amount; and that the issuance of
this Obligation, together with all other indebtedness of the
Issuer outstanding on the date hereof and on the date of its
actual issuance and delivery, does not cause the indebtedness of
the Issuer to exceed any constitutional or statutory limitation of
indebtedness.
Form of certificate to be printed on the reverse side of each
Obligation, following a full copy of the legal opinion:
We certify that the above is a full, true and correct
copy of the legal opinion rendered by Bond Counsel on the issue of
Obligations of the City of Eden Prairie, Hennepin County,
Minnesota, which includes the within Obligation, dated as of the
date of original delivery of and payment for the Obligations.
-8-
(Facsimile Signature) (Facsimile Signature)
Manager Mayor
{
The following abbreviations, when used in the inscription on the
face of this Obligation, shall be construed as though they were
written out in full according to applicable laws or regulations:
TEN COM -- as tenants UTMA as Custodian for
in common (Cust) (Minor)
TEN ENT -- as tenants
by entireties under Uniform Transfers
to Minors
JT TEN --as joint tenants
with right of Act
survivorship and (State)
not as tenants in
common
Additional abbreviations may also be used though not in
the above list.
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto the
within Obligation and all rights thereunder, and does hereby
irrevocably constitute and appoint
attorney to transfer the said Obligation on the books kept for
registration of the within Obligation, with full power of
substitution in the premises.
Dated:
NOTICE: The assignor's signature
to this assignment must correspond
with the name as it appears upon
the face of the within Bond in
every particular, without
alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by a comreercial bank or trust
company or by a brokerage firm having a membership in one of the
major stock exchanges.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
-9-
t
Section 3. Debt Service Fund. There is hereby
established on the official books and records of the Issuer a
General Obligation Equipment Certificates of Indebtedness, Series
1991A Sinking Fund (the Debt Service Fund), and so long as any of
the Obligations are outstanding and any principal of or interest
thereon unpaid, the Finance Director/Clerk shall continue to
maintain the Debt Service Fund, and the principal of and interest
on the Obligations shall be payable therefrom. The Issuer
irrevocably appropriates to the Debt Service Fund (a) any amount
in excess of $1,885,750 received from the Purchaser; (b)
capitalized interest in the amount of $ ; (c) all taxes
levied and collected in accordance with this Resolution; and (d)
all other moneys as shall be appropriated by the City Council to
the Debt Service Fund from time to time. If the balance in the
Debt Service Fund is at any time insufficient to pay all interest
and principal then due on all Obligations payable therefrom, the
payment shall be made from any fund of the Issuer which is
available for that purpose, subject to reimbursement from the Debt
Service Fund when the balance therein is sufficient, and the City
Council covenants and agrees that it will each year levy a
sufficient amount of ad valorem taxes to take care of any
accumulated or anticipated deficiency, which levy is not subject
to any constitutional or statutory limitation.
Section 4. bevy of Ad Valorem Taxeq. For the prompt
and full payment of the principal of and interest on the
Obligations as such payments respectively become due, the full
faith, credit and unlimited taxing powers of the Issuer shall be
and are hereby irrevocably pledged. In order to produce aggregate
amounts not less than 5i in excess of the amount needed to meet
when due the principal and interest payments on the Obligations,
ad valorem taxes are hereby levied on all taxable property in the
Issuer. The taxes are to be levied and collected in the following
years and amounts:
Levy Collection
Year Year Amount
1991 1992
1992 1993
1993 1994
1994 1995
The taxes shall be irrepealable as long as any of the Obligations
are outstanding and unpaid, provided that the Issuer reserves the
right and power to reduce the tax levies in accordance with the
provisions of Minnesota Statutes, Section 475.61.
Section 5. DefeasancP. When all of the Obligations
have been discharged as provided in this section, all pledges,
covenants and other rights granted by this Resolution to the
holders of the Obligations shall cease. The Issuer may discharge
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its obligations with respect to any Obligations which are due on
any date by depositing with the Registrar on or before that date a
sum sufficient for the payment thereof in full; or, if any
Obligation should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for
the payment thereof in full with interest accrued from the due
date to the date of such deposit. The Issuer may also at any time
discharge its obligations with respect to any Obligations, subject
to the provisions of law now or hereafter authorizing and
regulating such action, by depositing irrevocably in escrow, with
a bank qualified by law as an escrow agent for this purpose, cash
or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and
maturing or callable at the holder's option on such dates as shall
be required to pay all principal, interest and redemption premiums
to become due thereon to maturity or earlier designated redemption
date.
Section 6. Registration of Obligations. The Finance
Director/Clerk is hereby authorized and directed to file a
certified copy of this Resolution with the County Auditor of
Hennepin County, together with such additional information as the
Auditor may require, and to obtain from the Auditor a certificate
that the Obligations have been duly entered upon the Auditor's
bond register and the taxes required by law for the payment of the
Obligations have been levied.
Section 7. Authentirat;on of Tran 9s-ript. The officers
of the Issuer and the Auditor are hereby authorized and directed
to prepare and furnish to the Purchaser and to Dorsey & Whitney,
Bond Counsel, certified copies of all proceedings and records
relating to the Obligations and such other affidavits,
certificates and information as may be required to show the facts
relating to the legality and marketability of the Obligations, as
the same appear from the books and records in their custody and
control or as otherwise known to them, and all such certified
copies, affidavits and certificates, including any heretofore
furnished, shall be deemed representations of the Issuer as to the
correctness of all statements contained therein.
Section 8. Official Statement. The Official Statement
relating to the Obligations, dated August 8, 1991, prepared and
delivered on behalf of the Issuer by Springsted Incorporated, is
hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be
appropriate concerning the accuracy, completeness and sufficiency
thereof.
Section 9. Tax Matters.
9.01. SovPnanr. The Issuer covenants and agrees with
the registered owners from time to time of the Obligations that it
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will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on
the Obligations to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code), and applicable
Treasury Regulations (the Regulations), and covenants to take any
and all actions within its powers to ensure that the interest on
the Obligations will not become subject to taxation under the Code
and the Regulations. The Issuer will cause to be filed with the
Secretary of Treasury an information reporting statement in the
form and at the time prescribed by the Code.
9.02. prbttrage Certif icatim. The Mayor and Finance
Director/Clerk, being the officers of the Obligations charged with
the responsibility for issuing the Issuer pursuant to this
resolution, are authorized and directed to execute and deliver to
the Purchaser a certificate in accordance with the provisions of
Section 148 of the Code, and Sections 1.103-13, 1.103-14 and
1.103-15 of the Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of
the Obligations which make it reasonable to expect that the
proceeds of the Obligations will not be used in a manner that
would cause the Obligations to be arbitrage bonds within the
meaning of the Code and Regulations.
9.03. Rebate to the United States. The Issuer
acknowledges that the Obligations are subject to the rebate
requirements of Section 148(f) of the Code. The Issuer covenants
and agrees to retain such records, make such determinations, file
such reports and documents and pay such amounts at such times as
are required under Section 148(f) and applicable Regulations to
preserve the exclusion of interest on the Obligations from gross
income for federal income tax purposes, unless the Obligations
qualify for the exception from the rebate requirement under
Section 148(f) (4) (C) of the Code and no "gross proceeds" of the
Obligations (other than amounts constituting a "bona fide debt
service fund") arise during or after the expenditure of the
original proceeds thereof. In furtherance of the foregoing, the
Finance Director/Clerk is hereby authorized and directed to
execute a Rebate Certificate, substantially in the form of the
Rebate Certificate currently on file in his office, and the Issuer
hereby covenants and agrees to observe and perform the covenants
and agreements contained therein, unless amended or terminated in
accordance with the provisions thereof.
Douglas B. Tenpas, Mayor
Attest:
John Frane, Finance Director/Clerk
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nto
The motion for the adoption of the foregoing resolution
was duly seconded by Councilperson and, upon
vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
R
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i/ o
COUNTY AUDITOR'S CERTIFICATE
AS TO BOND REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting
County Auditor of Hennepin County, Minnesota, hereby certify that
there has been filed in my office a certified copy of a resolution
duly adopted on August 20, 1991, by the City Council of the City
of Eden Prairie, Minnesota, setting forth the form and details of
an issue of $1,900,000 General Obligation Equipment Certificates
of Indebtedness, Series 1991A, dated as of September 1, 1991, and
levying taxes for their payment.
I further certify that the issue has been entered on my
bond register and the tax required by law for their payment has
been filed, as required by Minnesota Statutes, Sections 475.61 to
475.63.
WITNESS my hand and official seal this day of
August, 1991.
County Auditor
(SEAL)
I'''
t �
CERTIFICATION OF MINUTES RELATING TO
$6,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991B
Issuer: City of Eden Prairie, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held
Tuesday, August 20, 1991, at 7:30 o'clock P.M., at the City Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including) :
RESOLUTION NO. 91- inRESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING
THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF
$6,050,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991E
I, the undersigned, being the duly qualified and acting
recording officer of the public corporation issuing the bonds
referred to in the title of this certificate, certify that the
documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal
custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of
a meeting of the governing body of said corporation, and correct
and complete copies of all resolutions and other actions taken and
of all documents approved by the governing body at said meeting,
so far as they relate to said bonds; and that said meeting was
duly held by the governing body at the time and place and was
attended throughout by the members indicated above, pursuant to
call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer
this day of August, 1991.
Finance Director/Clerk
�r
The Finance Director/Clerk presented to the City Council
affidavits showing publication in the official newspaper and in
the Northwestern Finant-ial Review of a Notice of Sale of
$6,050,000 General Obligation Improvement Bonds, Series 1991B, of
the City, for which bids were to be considered at this meeting in
accordance with the resolution adopted by the City Council on July
30, 1991. The affidavits were examined and found satisfactory and
directed to be placed on file in the office of the Finance
Director/Clerk.
The Finance Director/Clerk reported that sealed
bids had been received at or prior to the time stated in the
Notice of Sale, and the bids having been opened, publicly read and
considered, were all found to conform to the Notice of Sale and
the Official Notice of Sale and the highest and best bid of each
bidder was found to be as follows:
(See next page)
Councilperson introduced the following
resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF 56,050,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 1991B
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the Issuer), as follows:
Section 1. Authort,atinn and Sale.
(a) This Council, by its Resolution No. 91-174 adopted
on July 30, 1991, authorized the issuance and public sale of
56,050,000 General Obligation Improvement Bonds, Series 1991B (the
Obligations) of the Issuer to finance the costs of various
improvement projects as described in Resolution No. 91-174 (the
Improvements.
(b) Notice of Sale has been duly published. Pursuant
to the Official Terms of Offering and the Notice of Sale,
sealed bids for the purchase of the Obligations were received at
or before the time specified for receipt of bids. The bids have
been opened, publicly read and considered and the purchase price,
interest rates and net interest cost under the terms of each bid
have been determined. The most favorable bid received is that of
of .
and associates (the Purchaser), to purchase the Obligations at a
price of $ plus accrued interest on all Obligations
to the day of delivery and payment, on the further terms and
conditions hereinafter set forth.
(c) The sale of the Obligations is hereby awarded to
the Purchaser and the Mayor and Finance Director/Clerk are hereby
authorized and directed to execute a contract on behalf of the
Issuer for the sale of the Obligations in accordance with the
terms of the bid. The good faith deposit of the Purchaser shall
be retained by the Issuer until the Obligations have been
delivered. The good faith checks of other bidders shall be
returned to them forthwith.
Section 2. pond Terms: Registration: Execution and
Delivery.
2.01. Issuance of Obligations. All acts, conditions
and things which are required by the Constitution and laws of the
State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the
Obligations having been done, now existing, having happened and
havingbeen !
performed, it is now necessary for the City Council to
it
establish the form and terms of the Obligations, to provide
security therefor and to issue the Obligations forthwith.
2.02. pates. Maturities: Interest Rates; Dencminatthna
jid Payment. The Obligations shall be originally dated as of
September 1, 1991, shall be in denominations of $5,000 or any
integral multiple thereof, of single maturities, shall mature on
February 1 in the years and amounts stated below, and shall bear
interest from date of original issue until paid or duly called for
redemption at the annual rates set forth opposite such years and
amounts, as follows:
Year Amount gate Year AM0Int $ata
1993 $175,000 2003 $225,000
1994 575,000 2004 225,000
1995 550,000 2005 225,000
1996 550,000 2006 225,000
1997 525,000 2007 225,000
1998 425,000 2008 225,000
1999 225,000 2009 250,000
2000 225,000 2010 250,000
2001 225,000 2011 250,000
2002 225,000 2012 250,000
The Obligations shall be issuable only in fully registered form.
The interest thereon and, upon surrender of each Obligation at the
principal office of the Registrar described herein, the principal
amount thereof, shall be payable by check or draft issued by the
Registrar described herein. The Registrar shall, upon the initial
issuance and delivery of the Obligations and any subsequent
transfer, exchange or substitution of Obligations, note thereon
the date of authentication and delivery thereof.
2.03. Tnterest Payment DatP°. The interest on the
Obligations shall be payable on February 1 and August 1 in each
year, commencing August 1, 1992, to the owner of record thereof as
of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
2.04. Redemption. Obligations maturing in the years
1993 through 2000 shall not be subject to redemption prior to
maturity, but Obligations maturing in 2001 and later years shall
be subject to redemption and prepayment at the option of the
Issuer, in whole or in part, in such order as the Issuer shall
determine and within a maturity by lot as selected by the
Registrar in multiples of $5,000, on February 1, 2000, and on any
date thereafter, at a price equal to the principal amount thereof
and accrued interest to the date of redemption. The Finance
Director/Clerk shall cause notice of the call for redemption
thereof to be published as required by law, and at least thirty
days prior to the designated redemption date, shall cause notice
-2-
of call for redemption to be mailed, by first class mail, to the
registered holders of any Obligations to be redeemed at their
addresses as they appear on the bond register described in Section
2.06 hereof, but no defect in or failure to give such mailed
notice of redemption shall affect the validity of proceedings for
the redemption of any Obligation not affected by such defect or
failure. Official notice of redemption having been given as
aforesaid, the Obligations or portions of Obligations so to be
redeemed shall, on the redemption date, become due and payable at
the redemption price therein specified and from and after such
date (unless the Issuer shall default in the payment of the
redemption price) such Obligations or portions of Obligations
shall cease to bear interest. Upon partial redemption of any
Obligation, a new Obligation or Obligations will be delivered to
the owner without charge, representing the remaining principal
amount outstanding.
In addition to the notice prescribed by the preceding
paragraph, the Finance Director/Clerk shall also give, or cause to
be given, notice of the redemption of any Obligation or
Obligations or portions thereof at least 35 days before the
redemption date by first class mail or telecopy to the Purchaser
and all registered securities depositories then in the business of
holding substantial amounts of obligations of the character of the
Obligations (such depositories now being The Depository Trust
Company, of Garden City, New York; Midwest Securities Trust
Company, of Chicago, Illinois; and Philadelphia Depository Trust
Company, of Philadelphia, Pennsylvania) and one or more national
information services that disseminate information regarding
municipal bond redemptions; provided that any defect in or any
failure to give any notice of redemption prescribed by this
paragraph shall not affect the validity of the proceedings for the
redemption of any Obligation or portion thereof.
2.05. Appointment of Initial Regiatrar. The Issuer
hereby appoints
as the initial bond registrar, transfer agent and paying agent
(the Registrar) for the Obligations. The Mayor and Finance
Director/Clerk are authorized to execute and deliver, on behalf of
the Issuer, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the
resulting corporation is a bank or trust company authorized by law
to conduct such business, such corporation shall be authorized to
act as successor Registrar. The Issuer agrees to pay the
reasonable and customary charges of the Registrar for the services
performed. The Issuer reserves the right to remove the Registrar
upon thirty days' notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar shall deliver
all cash and Obligations in its possession to the successor
Registrar and shall deliver the bond register to the successor
Registrar.
-3-
2.06. Registration. The effect of registration and the
rights and duties of the Issuer and the Registrar with respect
thereto shall be as follows:
(a) Register. The Registrar shall keep at its
principal corporate trust office a bond register in which the
Registrar shall provide for the registration of ownership of
Obligations and the registration of transfers and exchanges
of Obligations entitled to be registered, transferred or
exchanged.
(b) Transfer of Obligations.. Upon surrender for
transfer of any Obligation duly endorsed by the registered
owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly
executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the
Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, one or more new
Obligations of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar may,
however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Fxrhange of Obligations.. Whenever any
Obligations are surrendered by the registered owner for
exchange the Registrar shall authenticate and deliver one or
more new Obligations of a like aggregate principal amount and
maturity, as requested by the registered owner or the owner's
attorney in writing.
(d) cancellation. All Obligations surrendered upon
any transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the
Issuer.
(e) Jmproper_or Unauthorized Transfer. When any
Obligation is presented to the Registrar for transfer, the
Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Obligation or separate
instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar
shall incur no liability for the refusal, in good faith, to
make transfers which it, in its judgment, deems improper or
unauthorized.
(f) persons Deemed Owners.. The Issuer and the
Registrar may treat the person in whose name any Obligation
is at any time registered in the bond register as the
absolute owner of the Obligation, whether the Obligation
-4-
„ r
shall be overdue or not, for the purpose of receiving payment
of or on account of, the principal of and interest on the
Obligation and for all other purposes; and all payments made
to any registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability
upon Obligation to the extent of the sum or sums so paid.
(g) Taxes. Fees and Chargeq. For every transfer or
exchange of Obligations (except for an exchange upon a
partial redemption of an Obligation), the Registrar may
impose a charge upon the owner thereof sufficient to
reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such
transfer or exchange.
(h) Mutilated. T.o t. Stolen or De5?rnyeti
Obligationq. In case any Obligation shall become mutilated
or be destroyed, stolen or lost, the Registrar shall deliver
a new Obligation of like amount, number, maturity date and
tenor in exchange and substitution for and upon cancellation
of any such mutilated Obligation or in lieu of and in
substitution for any Obligation destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of
the Registrar in connection therewith; and, in the case of a
Obligation destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Obligation
was destroyed, stolen or lost, and of the ownership thereof,
and upon furnishing to the Registrar of an appropriate bond
or indemnity in form, substance and amount satisfactory to
it, in which both the Issuer and the Registrar shall be named
as obligees. All Obligations so surrendered to the Registrar
shall be cancelled by it and evidence of such cancellation
shall be given to the Issuer. If the mutilated, destroyed,
stolen or lost Obligation has already matured or been called
for redemption in accordance with its terms it shall not be
necessary to issue a new Obligation prior to payment.
(i) pihentirating Agent. The Registrar is hereby
designated authenticating agent for the Obligations, within
the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
2.07. Fxecutinn. Authentication and Delivery. The
Obligations shall be prepared under the direction of the Finance
Director/Clerk and shall be executed on behalf of the Issuer by
the signatures of the Mayor and the Manager, provided that the
signatures may be printed, engraved or lithographed facsimiles of
the originals. In case any officer whose signature or a facsimile
of whose signature shall appear on the Obligations shall cease to
be such officer before the delivery of any Obligation, such
signature or facsimile shall nevertheless be valid and sufficient
for all purposes, the same as if he had remained in office until
-5-
A
delivery. Notwithstanding such execution, no Obligation shall be
valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of
authentication on the Obligation has been duly executed by the
manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Obligations need not
be signed by the same representative. The executed certificate of
authentication on each Obligation shall be conclusive evidence
that it has been authenticated and delivered under this
Resolution. When the Obligations have been prepared, executed and
authenticated, the Finance Director/Clerk shall deliver them to
the Purchaser upon payment of the purchase price in accordance
with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase
price.
2.08. Form of Obligations. The Obligations shall be
prepared in substantially the following form:
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I j /
[Face of the Obligations]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION IMPROVEMENT BOND,
SERIES 1991B
Interest Maturity Date of
Rate Date Original I4sPP CUSIP
September 1, 1991
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDEN PRAIRIE, COUNTY OF HENNEPIN, MINNESOTA
(the Issuer), a duly organized and existing municipal corporation,
acknowledges itself to be indebted and for value received hereby
promises to pay to the registered owner specified above, or
registered assigns, the principal sum specified above on the
maturity date specified above, and to pay interest thereon from
the date of original issue specified above, or from the most
recent date to which interest has been paid or duly provided for,
at the annual rate specified above, payable on February 1 and
August 1 in each year, commencing August 1, 1992, to the person in
whose name this Obligation is registered at the close of business
on the fifteenth day (whether or not a business day) of the
immediately preceding month. The interest hereon and, upon
presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check
or draft by , in
as Registrar and Paying Agent (the Registrar), or its designated
successor under the Resolution described herein. For the prompt
and full payment of such principal and interest as the same
respectively become due, the full faith, credit and taxing powers
of the Issuer have been and are hereby irrevocably pledged.
Additional provisions of this Obligation are contained on
the reverse hereof and such provisions shall for all purposes have
the same effect as though fully set forth hereon.
This Obligation shall not be valid or become obligatory
for any purpose or be entitled to any security or benefit under
the Resolution until the Certificate of Authentication hereon
-7-
.1:
shall have been executed by the Registrar by manual signature of
one of its authorized representatives.
IN WITNESS WHEREOF, the City of Eden Prairie, County of
Hennepin, Minnesota, by its City Council, has caused this
Obligation to be executed on its behalf by the printed facsimile
signatures of its Mayor and Manager.
Date of Authentication:
CITY OF EDEN PRAIRIE, MINNESOTA
(facsimile) (facsimile)
Manager Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Obligations delivered pursuant to the
Resolution mentioned within.
as Registrar
By
Authorized Representative
[Reverse of the Obligations]
This Obligation is one of an issue in the aggregate
principal amount of $6,050,000, issued pursuant to a resolution
adopted by the City Council on August 20, 1991 (the Resolution),
to finance the cost of various improvements, and is issued
pursuant to and in full conformity with the Constitution and laws
of the State of Minnesota thereunto enabling, including Minnesota
Statutes Chapters 429 and 475. The Obligations are issuable only
in fully registered form, in denominations of $5,000 or any
integral multiple thereof, of single maturities.
Obligations maturing in 2000 and earlier years are
payable on their respective stated maturity dates without option
of prior payment, but Obligations having stated maturity dates in
2001 and later years are each subject to redemption and prepayment
at the option of the Issuer, in whole or in part, in such order as
the Issuer shall determine and, within a maturity, by lot as
selected by the Registrar in multiples of $5,000 on February 1,
-8-
1 11
•
•
2000, and on any date thereafter, at a price equal to the
principal amount thereof plus interest accrued to the date of
redemption. The Issuer will cause notice of the call for
redemption to be published as required by law and, at least thirty
days prior to the designated redemption date, will cause notice of
the call thereof to be mailed by first class mail to the
registered owner of any Obligation to be redeemed at the owner's
address as it appears on the bond register maintained by the
Registrar, but no defect in or failure to give such mailed notice
of redemption shall affect the validity of proceedings for the
redemption of any Obligation not affected by such defect or
failure. Official notice of redemption having been given as
aforesaid, the Obligations or portions of Obligations so to be
redeemed shall, on the redemption date, become due and payable at
the redemption price therein specified, and from and after such
date (unless the Issuer shall default in the payment of the
redemption price) such Obligations or portions of Obligations
shall cease to bear interest. Upon partial redemption of any
Obligation, a new Obligation or Obligations will be delivered to
the registered owner without charge, representing the remaining
principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Obligation is transferable
upon the books of the Issuer at the principal office of the
Registrar, by the registered owner hereof in person or by the
owner's attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to the
Registrar, duly executed by the registered owner or the owner's
attorney; and may also be surrendered in exchange for Obligations
of other authorized denominations. Upon such transfer or exchange
the Issuer will cause a new Obligation or Obligations to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax,
fee or governmental charge required to be paid with respect to
such transfer or exchange.
The Issuer and the Registrar may deem and treat the
person in whose name this Obligation is registered as the absolute
owner hereof, whether this Obligation is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the Issuer nor the Registrar shall be affected by any
notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution Y.
and laws of the State of Minnesota to be done, to exist, to happen
and to be performed preliminary to and in the issuance of this '1:
Obligation in order to make it a valid and binding general
obligation of the Issuer in accordance with its terms, have been `+
done, do exist, have happened and have been performed as so
-9-
required; that, prior to the issuance hereof the Issuer has by the
Resolution covenanted and agreed to levy special assessments upon
property specially benefited by the local improvements financed by
the Obligations, and ad valorem taxes on all taxable property in
the Issuer, which will be collectible for the years and in amounts
sufficient to produce sums not less than 5% in excess of the
principal of and interest on the Obligations when due, and has
appropriated such special assessments and taxes to its Series
1991E Improvement Bond Sinking Fund for the payment of such
principal and interest; that if necessary for payment of such
principal and interest, additional ad valorem taxes are required
to be levied upon all taxable property in the Issuer, without
limitation as to rate or amount; and that the issuance of this
Obligation, together with all other indebtedness of the Issuer
outstanding on the date hereof and on the date of its actual
issuance and delivery, does not cause the indebtedness of the
issuer to exceed any constitutional or statutory limitation of
indebtedness.
Form of certificate to be printed on the reverse side of
each Obligation, following a full copy of the legal opinion:
We certify that the above is a full, true and correct
copy of the legal opinion rendered by Bond Counsel on the issue of
Obligations of the City of Eden Prairie, Hennepin County,
Minnesota, which includes the within Obligation, dated as of the
date of original delivery of and payment for the Obligations.
(Facsimile Signature) (Facsimile Signature)
Manager Mayor
The following abbreviations, when used in the inscription
on the face of this Obligation, shall be construed as though they
were written out in full according to applicable laws or regulations:
-10-
TEN COM -- as tenants UTMA as Custodian for
P in common (Cust) (Minor)
1 TEN ENT -- as tenants
by entireties under Uniform Transfers
to Minors
JT TEN --as joint tenants
with right of Act
survivorship and (State)
not as tenants in
common
Additional abbreviations may also be used though not in the
above list.
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto the
within Obligation and all rights thereunder, and does hereby
irrevocably constitute and appoint
attorney to transfer the said Obligation on the books kept for
registration of the within Obligation, with full power of
substitution in the premises.
Dated:
NOTICE: The assignor's signature
to this assignment must correspond
with the name as it appears upon
the face of the within Bond in
every particular, without
alteration or enlargement or any
change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by a commercial bank or trust
company or by a brokerage firm having a membership in one of the
major stock exchanges.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
-11-
i
Section 3. Construction Fund. There is hereby
established on the official books and records of the Issuer a
General Obligation Improvement Bond, Series 19918 Construction
Fund (the Construction Fund), and the Finance Director/Clerk shall
continue to maintain the Construction Fund until payment of all
costs and expenses incurred in connection with the construction of
the Improvements have been paid. To the Construction Fund there
shall be credited from the proceeds of the Obligations, exclusive
of unused discount, accrued and capitalized interest, an amount
equal to the estimated cost of the Improvements and from the
Construction Fund there shall be paid all construction costs and
expenses of the Improvements. There shall also be credited to the
Construction Fund all special assessments collected with respect
to the Improvements until all costs of the Improvements have been
fully paid. After payment of all construction costs, the
Construction Fund shall be discontinued and any proceeds remaining
therein may be transferred to the other funds or accounts
established for construction of other improvements instituted
pursuant to Minnesota Statutes, Chapter 429. All special
assessments on hand in the Construction Fund when terminated or
thereafter received, and any Obligation proceeds not so
transferred, shall be credited to the Debt Service Fund
established in Section 4 hereof. All proceeds of the Obligations
deposited in the Construction Fund will be expended solely for the
payment of the costs of the Improvements or other improvements
authorized pursuant to Chapter 429. All improvements so financed
will be owned and maintained by the Issuer and available for use
by members of the general public on a substantially equal basis.
The Issuer shall not enter into any lease, use or other agreement
with any non-governmental person relating to the use of the
Improvements or security for the payment of the Obligations which
might cause the Obligations to be considered "private activity
bonds" or "private loan bonds" pursuant to Section 141 of the
Internal Revenue Code of 1986, as amended (the Code) .
Section 4. Debt Service Fund. There is hereby
established on the official books and records of the Issuer a
General Obligation Improvement Bond, Series 1991B Debt Service
Fund (the Debt Service Fund), and so long as any of the
Obligations are outstanding and any principal of or interest
thereon unpaid, the Finance Director/Clerk shall continue to
maintain the Debt Service Fund, and the principal of and interest
on the Obligations shall be payable therefrom. The Issuer
irrevocably appropriates to the Debt Service Fund (a) any amount
in excess of $5,944,125 received from the Purchaser; (b)
capitalized interest in the amount of $ ; (c) all taxes
and special assessments levied and collected in accordance with
this Resolution; and (d) all other moneys as shall be appropriated
by the Council to the Debt Service Fund from time to time. If the
balance in the Debt Service Fund is at any time insufficient to
pay all interest and principal then due on all Obligations payable
therefrom, the payment shall be made from any fund of the Issuer
-12-
which is available for that purpose, subject to reimbursement from
the Debt Service Fund when the balance therein is sufficient, and
the Council covenants and agrees that it will each year levy a
sufficient amount of ad valorem taxes to take care of any
accumulated or anticipated deficiency, which levy is not subject
to any constitutional or statutory limitation.
Section 5. SpPr;at Agsessmenre. The Issuer hereby
covenants and agrees that, for the payment of the cost of the
Improvements, the Issuer has done or will do and perform all acts
and things necessary for the final and valid levy of special
assessments in an amount not less than 20% of the cost of the
Improvements. The Issuer estimates it will levy special
assessments in the aggregate principal amount of $
The principal of the assessments shall be payable over varying
periods (not in excess of twenty installments), with interest on
unpaid installments thereof from time to time remaining unpaid at
an estimated rate of % per annum. It is estimated that the
principal and interest on such special assessments will be levied
and collected in the years and amounts shown on Appendix I
attached hereto. In the event any such assessment shall at any
time be held invalid with respect to any lot or tract of land, due
to any error, defect or irregularity in any action or proceeding
taken or to be taken by the Issuer or by the Council or by any of
the officers or employees of the Issuer, either in the making of
such assessment or in the performance of any condition precedent
thereto, the Issuer hereby covenants and agrees that it will
forthwith do all such further things and take all such further
proceedings as shall be required by law to make such assessment a
valid and binding lien upon said property.
Section 6. JAPvy of Ad Va1nrcm Taxeq. For the prompt
and full payment of the principal of and interest on the
Obligations as such payments respectively become due, the full
faith, credit and unlimited taxing powers of the Issuer shall be
and are hereby irrevocably pledged. In order to produce aggregate
amounts which, together with the collections of special
assessments as set forth in Section 5 will produce amounts not
less than 5% in excess of the amounts needed to meet when due the
principal and interest payments on the Obligations, ad valorem
taxes are hereby levied on all taxable property in the Issuer.
The taxes will be levied and collected in the following years and
amounts:
-13-
11
t (
Levy Collection Levy Collection
Year Year bmrninr xadz Year Amount
1991 1992 2001 2002
1992 1993 2002 2003
1993 1994 2003 2004
1994 1995 2004 2005
1995 1996 2005 2006
1996 1997 2006 2007
1997 1998 2007 2008
1998 1999 2008 2009
1999 2000 2009 2010
2000 2001 2010 2011
The taxes shall be irrepealable as long as any of the Obligations
are outstanding and unpaid, provided that the Issuer reserves the
right and power to reduce the tax levies in accordance with the
provisions of Minnesota Statutes, Section 475.61.
Section 7. Defeasanre. When all of the Obligations
have been discharged as provided in this section, all pledges,
covenants and other rights granted by this Resolution to the
holders of the Obligations shall cease. The Issuer may discharge
its obligations with respect to any Obligations which are due on
any date by depositing with the Registrar on or before that date a
sum sufficient for the payment thereof in full; or, if any
Obligation should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for
the payment thereof in full with interest accrued from the due
date to the date of such deposit. The Issuer may also discharge
its obligations with respect to any prepayable Obligations called
for redemption on any date when they are prepayable according to
their terms, by depositing with the Registrar on or before that
date an amount equal to the principal, interest and redemption
premium, if any, which are then due, provided that notice of such
redemption has been duly given as provided herein. The Issuer may
also at any time discharge its obligations with respect to any
Obligations, subject to the provisions of law now or hereafter
authorizing and regulating such action, by depositing irrevocably
in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be
so deposited, bearing interest payable at such time and at such
rates and maturing or callable at the holder's option on such
dates as shall be required to pay all principal, interest and
redemption premiums to become due thereon to maturity or earlier
designated redemption date.
Section 8. Registration of Ohligatinnq. The Finance
Director/Clerk is hereby authorized and directed to file a
certified copy of this Resolution with the County Auditor of
Hennepin County, together with such additional information as the
Auditor may require, and to obtain from the Auditor a certificate
-14-
that the Obligations have been duly entered upon the Auditor's
bond register and the taxes required by law for the payment of the
Obligations have been levied.
Section 9. Authentication of Transcript. The officers
of the Issuer and the Auditor are hereby authorized and directed
to prepare and furnish to the Purchaser and to Dorsey & Whitney,
Bond Counsel, certified copies of all proceedings and records
relating to the Obligations and such other affidavits,
certificates and information as may be required to show the facts
relating to the legality and marketability of the Obligations, as
the same appear from the books and records in their custody and
control or as otherwise known to them, and all such certified
copies, affidavits and certificates, including any heretofore •
furnished, shall be deemed representations of the Issuer as to the
correctness of all statements contained therein.
Section 10. Official Statement. The Official Statement
relating to the Obligations, dated August 8, 1991, prepared and
delivered on behalf of the Issuer by Springsted Incorporated, is
hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be
appropriate concerning the accuracy, completeness and sufficiency
thereof.
Section 11. Tax Matters.
11.01. covenant. The Issuer covenants and agrees with
the registered owners from time to time of the Obligations that it
will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on
the Obligations to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code), and applicable
Treasury Regulations (the Regulations) , and covenants to take any
and all actions within its powers to ensure that the interest on
the Obligations will not become subject to taxation under the Code
and the Regulations. The Issuer will cause to be filed with the
Secretary of Treasury an information reporting statement in the
form and at the time prescribed by the Code.
11.02. Arbitrage-Certificatiop. The Mayor and Finance
Director/Clerk, being the officers of the Obligations charged with
the responsibility for issuing the Issuer pursuant to this
resolution, are authorized and directed to execute and deliver to
the Purchaser a certificate in accordance with the provisions of
Section 148 of the Code, and Sections 1.103-13, 1.103-14 and
1.103-15 of the Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of
the Obligations which make it reasonable to expect that the
proceeds of the Obligations will not be used in a manner that
would cause the Obligations to be arbitrage bonds within the
meaning of the Code and Regulations.
-15-
11.03. Rebate to the United StatPq. The Issuer
acknowledges that the Obligations are subject to the rebate
requirements of Section 148(f) of the Code. The Issuer covenants
and agrees to retain such records, make such determinations, file
such reports and documents and pay such amounts at such times as
are required under Section 148(f) and applicable Regulations to
preserve the exclusion of interest on the Obligations from gross
income for federal income tax purposes, unless the Obligations
qualify for the exception from the rebate requirement under
Section 148(f) (4) (C) of the Code and no "gross proceeds" of the
Obligations (other than amounts constituting a "bona fide debt
service fund") arise during or after the expenditure of the
original proceeds thereof. In furtherance of the foregoing, the
Finance Director/Clerk is hereby authorized and directed to
execute a Rebate Certificate, substantially in the form of the
Rebate Certificate currently on file in his office, and the Issuer
hereby covenants and agrees to observe and perform the covenants
and agreements contained therein, unless amended or terminated in
accordance with the provisions thereof.
Douglas B. Tenpas, Mayor
Attest:
John Frane, Finance Director/Clerk
The motion for the adoption of the foregoing resolution
was duly seconded by Councilperson and, upon
vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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• 1
COUNTY AUDITOR'S CERTIFICATE
AS TO BOND REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting
County Auditor of Hennepin County, Minnesota, hereby certify that 1.
there has been filed in my office a certified copy of a resolution
duly adopted on August 20, 1991, by the City Council of the City
of Eden Prairie, Minnesota, setting forth the form and details of
an issue of $6,050,000 General Obligation Improvement Bonds,
Series 1991B, dated as of September 1, 1991, and levying taxes for
their payment.
I further certify that the issue has been entered on my
bond register and the tax required by law for their payment has
been filed, as required by Minnesota Statutes, Sections 475.61 to
475.63.
WITNESS my hand and official seal this day of
August, 1991.
County Auditor
(SEAL)
I/nU
CERTIFICATION OF MINUTES RELATING TO
$9,500,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS,
SERIES 1991C
Issuer: City of Eden Prairie, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held
Tuesday, August 20, 1991, at 7:30 o'clock P.M., at the City Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO. 91-/91
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING
THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF
$9,500,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS,
SERIES 1991C
I, the undersigned, being the duly qualified and acting
recording officer of the public corporation issuing the bonds
referred to in the title of this certificate, certify that the
documents attached hereto, as described above, have been carefully
compared with the original records of said corporation in my legal
custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of
a meeting of the governing body of said corporation, and correct
and complete copies of all resolutions and other actions taken and
of all documents approved by the governing body at said meeting,
so far as they relate to said bonds; and that said meeting was
duly held by the governing body at the time and place and was
attended throughout by the members indicated above, pursuant to
call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer
this day of August, 1991.
Finance Director/Clerk
The Finance Director/Clerk presented to the City Council
affidavits showing publication in the official newspaper and in
the Ncrthwestarn Finanrial RaviPg of a Notice of Sale of
$9,500,000 General Obligation Water and Sewer Revenue Bonds,
Series 1991C, of the City, for which bids were to be considered at
this meeting in accordance with the resolution adopted by the City
Council on July 30, 1991. The affidavits were examined and found
satisfactory and directed to be placed on file in the office of
the Finance Director/Clerk.
The Finance Director/Clerk reported that sealed
bids had been received at or prior to the time stated in the
Notice of Sale, and the bids having been opened, publicly read and
considered, were all found to conform to the Notice of Sale and
the Official Notice of Sale and the highest and best bid of each
bidder was found to be as follows:
(See next page)
•
Councilperson introduced the following
resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $9,500,000 GENERAL OBLIGATION WATER AND SEWER
REVENUE BONDS, SERIES 1991C
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the Issuer), as follows:
Section 1. Authorization and Rate,
(a) This Council, by its Resolution No. 91-174 adopted
on July 30, 1991, authorized the issuance and public sale of
$9,500,000 General Obligation Water and Sewer Revenue Bonds,
Series 1991C (the Obligations) of the Issuer to finance the costs
of various improvement to the water and sewer utility system (the
System) as described in Resolution No. 91-174 (the Improvements) .
(b) Notice of Sale has been duly published. Pursuant
to the Official Terms of Offering and the Notice of Sale,
sealed bids for the purchase of the Obligations were received at
or before the time specified for receipt of bids. The bids have
been opened, publicly read and considered and the purchase price,
interest rates and net interest cost under the terms of each bid
have been determined. The most favorable bid received is that of
of
and associates (the Purchaser), to purchase the Obligations at a
price of $ plus accrued interest on all Obligations
to the day of delivery and payment, on the further terms and
conditions hereinafter set forth.
(c) The sale of the
Obligations
the Purchaser and the Mayor and Finance Director/Clerk are hereby
authorized and directed to execute a contract on behalf of the
Issuer for the sale of the Obligations in accordance with the
terms of the bid. The good faith deposit of the Purchaser shall
be retained by the Issuer until the Obligations have been
delivered. The good faith checks of other bidders shall be
returned to them forthwith.
Section 2. Pond. Terms: Registration: Execution and
Delivery,
2.01. Issuance of Obligations. All acts, conditions
and things which are required by the Constitution and laws of the
•
State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the
Obligations having been done, now existing, having happened and
having been performed, it is now necessary for the City Council to
establish the form and terms of the Obligations, to provide
security therefor and to issue the Obligations forthwith.
2.02. Ijktes. Mattr;r;PS; Interest Rates: Denominations
Ansi Payment. The Obligations shall be originally dated as of
September 1, 1991, shall be in denominations of $5,000 or any
integral multiple thereof, of single maturities, shall mature on
February 1 in the years and amounts stated below, and shall bear
interest from date of original issue until paid or duly called for
redemption at the annual rates set forth opposite such years and
amounts, as follows:
year Amount Ra a Year Amount gate
1993 $175,000 1999 $ 875,000
1994 525,000 2000 950,000
1995 625,000 2001 1,050,000
1996 575,000 2002 1,350,000
1997 600,000 2003 2,125,000
1998 650,000
The Obligations shall be issuable only in fully registered form.
The interest thereon and, upon surrender of each Obligation at the
principal office of the Registrar described herein, the principal
amount thereof, shall be payable by check or draft issued by the
Registrar described herein. The Registrar shall, upon the initial
issuance and delivery of the Obligations and any subsequent
transfer, exchange or substitution of Obligations, note thereon
the date of authentication and delivery thereof.
2.03. interest Payment Dates. The interest on the
Obligations shall be payable on February 1 and August 1 in each
year, commencing February 1, 1992, to the owner of record thereof
as of the close of business on the fifteenth day of the
immediately preceding month, whether or not such day is a business
day.
2.04. Redemption. Obligations maturing in the years
1993 through 2000 shall not be subject to redemption prior to
maturity, but Obligations maturing in 2001 and later years shall
be subject to redemption and prepayment at the option of the
Issuer, in whole or in part, in such order as the Issuer shall
determine and within a maturity by lot as selected by the
Registrar in multiples of $5,000, on February 1, 2000, and on any
date thereafter, at a price equal to the principal amount thereof
and accrued interest to the date of redemption. The Finance
Director/Clerk shall cause notice of the call for redemption
thereof to be published as required by law, and at least thirty
days prior to the designated redemption date, shall cause notice
of call for redemption to be mailed, by first class mail, to the
registered holders of any Obligations to be redeemed at their
addresses as they appear on the bond register described in Section
-2-
2.06 hereof, but no defect in or failure to give such mailed
notice of redemption shall affect the validity of proceedings for
the redemption of any Obligation not affected by such defect or
failure. Official notice of redemption having been given as
aforesaid, the Obligations or portions of Obligations so to be
redeemed shall, on the redemption date, become due and payable at
the redemption price therein specified and from and after such
date (unless the Issuer shall default in the payment of the
redemption price) such Obligations or portions of Obligations
shall cease to bear interest. Upon partial redemption of any
Obligation, a new Obligation or Obligations will be delivered to
the owner without charge, representing the remaining principal
amount outstanding.
In addition to the notice prescribed by the preceding
paragraph, the Finance Director/Clerk shall also give, or cause to
be given, notice of the redemption of any Obligation or
Obligations or portions thereof at least 35 days before the
redemption date by first class mail or telecopy to the Purchaser
and all registered securities depositories then in the business of
holding substantial amounts of obligations of the character of the
Obligations (such depositories now being The Depository Trust
Company, of Garden City, New York; Midwest Securities Trust
Company, of Chicago, Illinois; and Philadelphia Depository Trust
Company, of Philadelphia, Pennsylvania) and one or more national
information services that disseminate information regarding
municipal bond redemptions; provided that any defect in or any
failure to give any notice of redemption prescribed by this
paragraph shall not affect the validity of the proceedings for the
redemption of any Obligation or portion thereof.
2.05. Appointment of Initial Registrar. The Issuer
hereby appoints
as the initial bond registrar, transfer agent and paying agent
(the Registrar) for the Obligations. The Mayor and Finance
Director/Clerk are authorized to execute and deliver, on behalf of
the Issuer, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the
resulting corporation is a bank or trust company authorized by law
to conduct such business, such corporation shall be authorized to
act as successor Registrar. The Issuer agrees to pay the
reasonable and customary charges of the Registrar for the services
performed. The Issuer reserves the right to remove the Registrar
upon thirty days' notice and upon the appointment of a successor
Registrar, in which event the predecessor Registrar shall deliver
all cash and Obligations in its possession to the successor
Registrar and shall deliver the bond register to the successor
Registrar.
2.06. Registration. The effect of registration and the
rights and duties of the Issuer and the Registrar with respect
thereto shall be as follows:
-3-
(a) BegigtPr. The Registrar shall keep at its
principal corporate trust office a bond register in which the
Registrar shall provide for the registration of ownership of
Obligations and the registration of transfers and exchanges
of Obligations entitled to be registered, transferred or
exchanged.
(b) Transfer of Obligations. Upon surrender for
transfer of any Obligation duly endorsed by the registered
owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly
executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the
Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, one or more new
Obligations of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar may,
however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Rxrhange of Obligations. Whenever any
Obligations are surrendered by the registered owner for
exchange the Registrar shall authenticate and deliver one or
more new Obligations of a like aggregate principal amount and
maturity, as requested by the registered owner or the owner's
attorney in writing.
(d) cancellation. All Obligations surrendered upon
any transfer or exchange shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the
Issuer.
(e) . When any
Obligation is presented to the Registrar for transfer, the
Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Obligation or separate
instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar
shall incur no liability for the refusal, in good faith, to
make transfers which it, in its judgment, deems improper or
unauthorized.
(f) persons Deemed Owners. The Issuer and the
Registrar may treat the person in whose name any Obligation
is at any time registered in the bond register as the
absolute owner of the Obligation, whether the Obligation
shall be overdue or not, for the purpose of receiving payment
of or on account of, the principal of and interest on the
Obligation and for all other purposes; and all payments made
to any registered owner or upon the owner's order shall be
-9-
1C9
valid and effectual to satisfy and discharge the liability
upon Obligation to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. For every transfer or
exchange of Obligations (except for an exchange upon a
partial redemption of an Obligation), the Registrar may
impose a charge upon the owner thereof sufficient to
reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such
transfer or exchange.
(h) M� fated. Lost. R of n o Destroyed
phtigatinns. In case any Obligation shall become mutilated
or be destroyed, stolen or lost, the Registrar shall deliver
a new Obligation of like amount, number, maturity date and
tenor in exchange and substitution for and upon cancellation
of any such mutilated Obligation or in lieu of and in
substitution for any Obligation destroyed, stolen or lost,
upon the payment of the reasonable expenses and charges of
the Registrar in connection therewith; and, in the case of a
Obligation destroyed, stolen or lost, upon filing with the
Registrar of evidence satisfactory to it that the Obligation
was destroyed, stolen or lost, and of the ownership thereof,
and upon furnishing to the Registrar of an appropriate bond
or indemnity in form, substance and amount satisfactory to
it, in which both the Issuer and the Registrar shall be named
as obligees. All Obligations so surrendered to the Registrar
shall be cancelled by it and evidence of such cancellation
shall be given to the Issuer. If the mutilated, destroyed,
stolen or lost Obligation has already matured or been called
for redemption in accordance with its terms it shall not be
necessary to issue a new Obligation prior to payment.
(i) Authentirating Agent. The Registrar is hereby
designated authenticating agent for the Obligations, within
the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
2.07. Fxecutinn. Authentication and Delivery. The
Obligations shall be prepared under the direction of the Finance
Director/Clerk and shall be executed on behalf of the Issuer by
the signatures of the Mayor and the Manager, provided that the
signatures may be printed, engraved or lithographed facsimiles of
the originals. In case any officer whose signature or a facsimile
of whose signature shall appear on the Obligations shall cease to
be such officer before the delivery of any Obligation, such
signature or facsimile shall nevertheless be valid and sufficient
for all purposes, the same as if he had remained in office until
delivery. Notwithstanding such execution, no Obligation shall be
valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of
authentication on the Obligation has been duly executed by the
-5-
9.
manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Obligations need not
be signed by the same representative. The executed certificate of
authentication on each Obligation shall be conclusive evidence
that it has been authenticated and delivered under this
Resolution. When the Obligations have been prepared, executed and
authenticated, the Finance Director/Clerk shall deliver them to
the Purchaser upon payment of the purchase price in accordance
with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase
price.
2.08. Form of Obligations. The Obligations shall be
prepared in substantially the following form:
-6-
,:,!
C
[Face of the Obligations]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION WATER AND SEWER REVENUE BOND,
SERIES 1991C
Interest Maturity Date of
Rate Date Original TSs]iP cUSIP
September 1, 1991
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDEN PRAIRIE, COUNTY OF HENNEPIN, MINNESOTA
(the Issuer), a duly organized and existing municipal corporation,
acknowledges itself to be indebted and for value received hereby
promises to pay to the registered owner specified above, or
registered assigns, the principal sum specified above on the
maturity date specified above, and to pay interest thereon from
the date of original issue specified above, or from the most
recent date to which interest has been paid or duly provided for,
at the annual rate specified above, payable on February 1 and
August 1 in each year, commencing February 1, 1992, to the person
in whose name this Obligation is registered at the close of
business on the fifteenth day (whether or not a business day) of
the immediately preceding month. The interest hereon and, upon
presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check
or draft by , in ,
as Registrar and Paying Agent (the Registrar), or its designated
successor under the Resolution described herein. For the prompt
and full payment of such principal and interest as the same
respectively become due, the full faith, credit and taxing powers
of the Issuer have been and are hereby irrevocably pledged.
Additional provisions of this Obligation are contained on
the reverse hereof and such provisions shall for all purposes have
the same effect as though fully set forth hereon.
This Obligation shall not be valid or become obligatory
for any purpose or be entitled to any security or benefit under
the Resolution until the Certificate of Authentication hereon
-7- �.
7
shall have been executed by the Registrar by manual signature of
one of its authorized representatives.
IN WITNESS WHEREOF, the City of Eden Prairie, County of
Hennepin, Minnesota, by its City Council, has caused this
Obligation to be executed on its behalf by the printed facsimile
signatures of its Mayor and Manager.
Date of Authentication:
CITY OF EDEN PRAIRIE, MINNESOTA
(facsimile) (facsimile)
City Manager Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Obligations delivered pursuant to the
Resolution mentioned within.
as Registrar
By
Authorized Representative
(Reverse of the Obligations)
This Obligation is one of an issue in the aggregate
principal amount of $9,500,000, issued pursuant to a resolution
adopted by the City Council on August 20, 1991 (the Resolution),
to finance the cost of various improvements to the water and sewer
utility system (the System), and is issued pursuant to and in full
conformity with the Constitution and laws of the State of
Minnesota thereunto enabling, including Minnesota Statutes
Chapters 444.075 and 475. The Obligations are issuable only in
fully registered form, in denominations of $5,000 or any integral
multiple thereof, of single maturities.
Obligations maturing in 2000 and earlier years are
payable on their respective stated maturity dates without option
of prior payment, but Obligations having stated maturity dates in
2001 and later years are each subject to redemption and prepayment
at the option of the Issuer, in whole or in part, in such order as
the Issuer shall determine and, within a maturity, by lot as
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t
selected by the Registrar in multiples of $5,000 on February 1,
2000, and on any date thereafter, at a price equal to the
principal amount thereof plus interest accrued to the date of
redemption. The Issuer will cause notice of the call for
redemption to be published as required by law and, at least thirty
days prior to the designated redemption date, will cause notice of
the call thereof to be mailed by first class mail to the
registered owner of any Obligation to be redeemed at the owner's
address as it appears on the bond register maintained by the
Registrar, but no defect in or failure to give such mailed notice
of redemption shall affect the validity of proceedings for the
redemption of any Obligation not affected by such defect or
failure. Official notice of redemption having been given as
aforesaid, the Obligations or portions of Obligations so to be
redeemed shall, on the redemption date, become due and payable at
the redemption price therein specified, and from and after such
date (unless the Issuer shall default in the payment of the
redemption price) such Obligations or portions of Obligations
shall cease to bear interest. Upon partial redemption of any
Obligation, a new Obligation or Obligations will be delivered to
the registered owner without charge, representing the remaining
principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Obligation is transferable
upon the books of the Issuer at the principal office of the
Registrar, by the registered owner hereof in person or by the
owner's attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to the
Registrar, duly executed by the registered owner or the owner's
attorney; and may also be surrendered in exchange for Obligations
of other authorized denominations. Upon such transfer or exchange
the Issuer will cause a new Obligation or Obligations to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax,
fee or governmental charge required to be paid with respect to
such transfer or exchange.
The Issuer and the Registrar may deem and treat the
person in whose name this Obligation is registered as the absolute
owner hereof, whether this Obligation is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the Issuer nor the Registrar shall be affected by any
notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the Constitution
and laws of the State of Minnesota to be done, to exist, to happen
and to be performed preliminary to and in the issuance of this
Obligation in order to make it a valid and binding general
obligation of the Issuer in accordance with its terms, have been
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i
done, do exist, have happened and have been performed as so
required; that in and by the Resolution, the Issuer has covenanted
and agreed with the registered owners of the Obligations that it
will impose and collect, or cause to be imposed and collected,
charges for the service, use and availability of the System at the
times and in the amounts required to produce net revenues adequate
to pay all principal and interest when due on the Obligations, but
the full faith and credit and taxing powers of the Issuer have
been pledged to the payment of principal and interest when due,
and ad valorem taxes, if necessary for such purpose, will be
levied upon all taxable property in the Issuer, without limitation
as to rate or amount; and that the issuance of this Obligation,
together with all other indebtedness of the Issuer outstanding on
the date hereof and on the date of its actual issuance and
delivery, does not cause the indebtedness of the Issuer to exceed
any constitutional or statutory limitation of indebtedness.
Form of certificate to be printed on the reverse side of
each Obligation, following a full copy of the legal opinion:
We certify that the above is a full, true and correct
copy of the legal opinion rendered by Bond Counsel on the issue of
Obligations of the City of Eden Prairie, Hennepin County,
Minnesota, which includes the within Obligation, dated as of the
date of original delivery of and payment for the Obligations.
(Facsimile Signature) (Facsimile Signature)
City Manager Mayor
The following abbreviations, when used in the inscription
on the face of this Obligation, shall be construed as though they
were written out in full according to applicable laws or regulations:
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1 r7;
TEN COM -- as tenants UTMA as Custodian for
in common (Cust) (Minor)
TEN ENT -- as tenants
by entireties under Uniform Transfers
to Minors
JT TEN --as joint tenants
with right of Act
survivorship and (State)
not as tenants in
common
Additional abbreviations may also be used though not in the
above list.
•
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto the
within Obligation and all rights thereunder, and does hereby
irrevocably constitute and appoint
attorney to transfer the said Obligation on the books kept for
registration of the within Obligation, with full power of
substitution in the premises.
Dated:
NOTICE: The assignor's signature
to this assignment must correspond
with the name as it appears upon
the face of the within Bond in
every particular, without
alteration or enlargement or any
change whatsoever.
Signature Guaranteed: ..
Signature(s) must be guaranteed by a commercial bank or trust 1
company or by a brokerage firm having a membership in one of the
major stock exchanges.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
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��Z3
Section 3. cnnstry'Sirn Fund. There is hereby
established on the official books and records of the Issuer a
General Obligation Water and Sewer Revenue Bond, Series 1991C
Construction Fund (the Construction Fund), and the Finance
Director/Clerk shall continue to maintain the Construction Fund
until payment of all costs and expenses incurred in connection
with the construction of the Improvements to the System have been
paid. To the Construction Fund there shall be credited from the
proceeds of the Obligations, exclusive of unused discount, accrued
and capitalized interest, an amount equal to the estimated cost of
the Improvements and from the Construction Fund there shall be
paid all construction costs and expenses of the Improvements.
After payment of all construction costs, the Construction Fund
shall be discontinued. All proceeds of the Obligations deposited
in the Construction Fund will be expended solely for the payment
of the costs of the Improvements to the System. The System will
be owned and maintained by the Issuer and available for use by
members of the general public on a substantially equal basis. The
Issuer shall not enter into any lease, use or other agreement with
any non-governmental person relating to the use of the System or
security for the payment of the Obligations which might cause the
Obligations to be considered "private activity bonds" or "private
loan bonds" pursuant to Section 141 of the Internal Revenue Code
of 1986, as amended (the Code) .
Section 4. Debt Service Fund. There is hereby
established on the official books and records of the Issuer a
General Obligation Water and Sewer Revenue Bond, Series 1991C Debt
Service Fund (the Debt Service Fund), and so long as any of the
Obligations are outstanding and any principal of or interest
thereon unpaid, the Finance Director/Clerk shall continue to
maintain the Debt Service Fund, and the principal of and interest
on the Obligations shall be payable therefrom. The Issuer
irrevocably appropriates to the Debt Service Fund (a) any amount
in excess of $5,944,125 received from the Purchaser; (b)
capitalized interest in the amount of $ ; (c) net
revenues of the System appropriated to the payment of the
Obligations and interest thereon in accordance with Section 5
hereof, all taxes collected pursuant to Section 6 hereof, and any
other funds appropriated by the Council for the payment of the
Obligations.
Section 5. Sufficiency of System Revenues. It is
hereby found, determined and declared that the Issuer owns and
operates the System as a revenue-producing utility and
convenience; and that the net operating revenues of the System,
after deducting from the gross receipts derived from charges for
the service, use and availability of the System the normal,
current and reasonable expenses of operation and maintenance
thereof, will be sufficient, together with any other pledged
funds, for the payment when due of the principal of and interest
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.,f
on the Obligations herein authorized, and on any other bonds to
which such revenues are pledged.
Section 6. Mate Covenant. Pursuant to Minnesota
Statutes, Section 444.075, the Issuer hereby covenants and agrees
with the registered owners from time to time of the Obligations,
that until the Obligations are paid in full, or are discharged as
provided in Section 8, the Issuer will impose and collect
reasonable charges for the service, use and availability of the
System according to schedules sufficient to produce net revenues
sufficient to pay the Obligations, and any other bonds to which
said net revenues have been pledged; and the net revenues, to the
extent necessary, are hereby irrevocably pledged and appropriated
to the payment of the Obligations herein authorized and interest
thereon when due. Nothing herein shall preclude the Issuer from
hereafter making further pledges and appropriations of the net
revenues of the System for payment of additional obligations of
the Issuer hereafter authorized if the Council determines before
the authorization of such additional obligations that the
estimated net revenues of the System will be sufficient, together
with any other sources pledged to the payment of the outstanding
and additional obligations, for payment of the outstanding bonds
and such additional obligations. Such further pledges and
appropriations of net revenues may be made superior or subordinate
to or on a parity with, the pledge and appropriation herein made.
Section 7. Fledge of Taxing Powers. For the prompt and
full payment of the principal of and interest on the Obligations
as such payments respectively become due, the full faith, credit
and unlimited taxing powers of the Issuer shall be and are hereby
irrevocably pledged. it is, however, presently estimated that the
revenues appropriated pursuant to Section 5 hereof will provide
sums not less than 5% in excess of principal and interest on the
Obligations when due, and therefore no tax levy is presently
required.
Section 8. nPfPasanrp. When all of the Obligations
have been discharged, all pledges, covenants and other rights
granted by this Resolution to the holders of the Obligations shall
cease. The Issuer may discharge its obligations with respect to
any Obligations which are due on any date by depositing with the
Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Obligation should not be paid when
due, it may nevertheless be discharged by depositing with the
Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit.
The Issuer may also discharge its obligations with respect to any
prepayable Obligations called for redemption on any date when they
are prepayable according to their terms, by depositing with the
Registrar on or before that date an amount equal to the principal,
interest and redemption premium, if any, which are then due,
provided that notice of such redemption has been duly given as
1
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provided herein. The Issuer may also at any time discharge its
obligations with respect to any Obligations, subject to the
provisions of law now or hereafter authorizing and regulating such
action, by depositing irrevocably in escrow, with a bank qualified
by law as an escrow agent for this purpose, cash or securities
which are authorized by law to be so deposited, bearing interest
payable at such time and at such rates and maturing or callable at
the holder's option on such dates as shall be required to pay all
principal, interest and redemption premiums to become due thereon
to maturity or earlier designated redemption date.
Section 9. Registration o Ohl gations. The Finance
Director/Clerk is hereby authorized and directed to file a
certified copy of this Resolution with the County Auditor of
Hennepin County, together with such additional information as the
Auditor may require, and to obtain from the Auditor a certificate
that the Obligations have been duly entered upon the Auditor's
bond register and the taxes required by law for the payment of the
Obligations have been levied.
Section 10. Authentication of Transcript. The officers
of the Issuer and the Auditor are hereby authorized and directed
to prepare and furnish to the Purchaser and to Dorsey & Whitney,
Bond Counsel, certified copies of all proceedings and records
relating to the Obligations and such other affidavits,
certificates and information as may be required to show the facts
relating to the legality and marketability of the Obligations, as
the same appear from the books and records in their custody and
control or as otherwise known to them, and all such certified
copies, affidavits and certificates, including any heretofore
furnished, shall be deemed representations of the Issuer as to the
correctness of all statements contained therein.
Section 11. Official Statement. The Official Statement
relating to the Obligations, dated August 8, 1991, prepared and
delivered on behalf of the Issuer by Springsted Incorporated, is
hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be
appropriate concerning the accuracy, completeness and sufficiency
thereof.
Section 12. Tax Matters,
12.01. covenant. The Issuer covenants and agrees with
the registered owners from time to time of the Obligations that it
will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on
the Obligations to become subject to taxation under the Internal
Revenue Code of 1986, as amended (the Code), and applicable
Treasury Regulations (the Regulations) , and covenants to take any
and all actions within its powers to ensure that the interest on
the Obligations will not become subject to taxation under the Code
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;(gip
and the Regulations. The Issuer will cause to be filed with the
( Secretary of Treasury an information reporting statement in the
form and at the time prescribed by the Code.
12.02. bzpitrage Certification. The Mayor and Finance
Director/Clerk, being the officers of the Obligations charged with
the responsibility for issuing the Issuer pursuant to this
resolution, are authorized and directed to execute and deliver to
the Purchaser a certificate in accordance with the provisions of
Section 148 of the Code, and Sections 1.103-13, 1.103-14 and
1.103-15 of the Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of
the Obligations which make it reasonable to expect that the
proceeds of the Obligations will not be used in a manner that
would cause the Obligations to be arbitrage bonds within the
meaning of the Code and Regulations.
12.03. Rebate to the United Stataq. The Issuer
acknowledges that the Obligations are subject to the rebate
requirements of Section 148(f) of the Code. The Issuer covenants
and agrees to retain such records, make such determinations, file
such reports and documents and pay such amounts at such times as
are required under Section 148(f) and applicable Regulations to
preserve the exclusion of interest on the Obligations from gross
income for federal income tax purposes, unless the Obligations
qualify for the exception from the rebate requirement under
Section 148(f) (4) (C) of the Code and no "gross proceeds" of the
Obligations (other than amounts constituting a "bona fide debt
service fund") arise during or after the expenditure of the
original proceeds thereof. In furtherance of the foregoing, the
Finance Director/Clerk is hereby authorized and directed to
execute a Rebate Certificate, substantially in the form of the
Rebate Certificate currently on file in his office, and the Issuer
hereby covenants and agrees to observe and perform the covenants
and agreements contained therein, unless amended or terminated in
accordance with the provisions thereof.
1
Douglas B. Tenpas, Mayor 5
ii
Attest:
John Frane, Finance Director/Clerk
-15-
The motion for the adoption of the foregoing resolution
was duly seconded by Councilperson and, upon
vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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!) G
li
( COUNTY AUDITOR'S CERTIFICATE AS TO BOND REGISTRATION
The undersigned, being the duly qualified and acting
County Auditor of Hennepin County, Minnesota, hereby certify that
there has been filed in my office a certified copy of a resolution
duly adopted on August 20, 1991, by the City Council of the City
of Eden Prairie, Minnesota, setting forth the form and details of
an issue of $9,500,000 General Obligation Water and Sewer Revenue
Bonds, Series 1991C, dated as of September 1, 1991.
I further certify that the issue has been entered on my
bond register, as required by Minnesota Statutes, Sections 475.62
and 475.63.
WITNESS my hand and official seal this day of
August, 1991.
County Auditor
(SEAL)
1119
'
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
August 20, 1991
CONTRACTOR (MULTI-FAMILY & COMM.) HEATING & VENTILATING
Carlson-LaVine, Inc. Metro Air
Du-All Service, Inc.
Ohman Corporation GAS FITTER
Prestige Contractors of Plymouth
Giertsen Company Metro Air
CONTRACTORS (1 & 2 FAMILY) SEPTIC SYSTEMS
Larry's Onsite Septic System
Eagle Crest Homes, Inc.
Gilbert Corporation UTILITY INSTALLER
Norcutt Homes
M.E.Zastera Construction Imperial Developers, Inc.
PLUMBING CLASS A GAMBLING
C. B. United, Inc.
Bredahl Plumbing
Forcier Plumbing PEDDLER
Myron Franke (Eaton Corp.)
Paul William Berkley (Cleaning Material)
Cindy Marie Day "
Derek G. Doerr "
Jeffrey Wayne White " "
These licenses have been approved by the department heads responsible for
t licensed ctivity.
;)
Pat Tensed
Licensing
I
INOG
I
Jamestown Villas
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.21-9I-PUD-7-91 1.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN
LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE
LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS:
Section 1. That the land which is the subject of this Ordinance(hereinafter, the "land")is legally
described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the RM-6.5
strict and be placed in the Planned Unit Development 7-91-RM-6.5(hereinafter"PUD 7-9I-RM-6.5).
Section 3. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of August 20, 1991, entered into between The Rottlund Company, Inc., a Minnesota
corporation,and the City of Eden Prairie(hereinafter"Developer's Agreement"). The Developer's Agreement
contains the terms and conditions of PUD 7-91-RM-6.5 and is hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 7-91-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. •
B. PUD 7-91-RM-6.5 is designed in such a manner to form a desirable and unified environment
within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are
contained in PUD 7-91-RM-6.5 are justified by the design of the development described therein.
D. PUD 7-91-RM-6.5 is of sufficient size, composition, and arrangement that its construction,
marketing,and operation is feasible as a complete unit without dependence upon any subsequent
unit. t:
Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the
RM-6.5 District and shall be included hereafter in the PUD 7-91-RM-6.5 and the legal descriptions of land in
each district referred to in City Code Section 11.03,subdivision 1,subparagraph II,shall be and are amended
accordingly.
Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor"are hereby •
adopted in their entirety by reference,as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of
July,1991,and finally read and adopted and ordered published at a regular meeting of the City Council of said
City on the 20th day of August, 1991.
ATTEST:
•
John D. Frane,City Clerk Douglas B. Tenpas, Mayor
PUBLISHED in the Eden Prairie News on the day of , 1991.
Exhibit A
Legal Description
FUD Concept Amendment
The North Half of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Northeast
Quarter,Section 18,Township 116, Range 22,Hennepin County,Minnesota.
P_UD District Review.Zonine District Amendment.Site Plan Review and Preliminary Plat �(
That part of the Northwest Quarter of the Northeast Quarter of Section 18,Township 116,Range 22,Hennepin
County,Minnesota,described as follows:
Beginning at the intersection of the east line of said Northwest Quarter of the Northeast Quarter and the
southerly line of Minnesota Department of Transportation Right of Way Plat No.27-49(78th Street
West);thence on an assumed bearing of South 0 degrees 19 minutes 24 seconds East,along the said east
line 552.01 feet;thence westerly on a non-tangential curve concave to the North for a distance of 135.20
feet, radius of said curve is 1784.48 feet and the chord bearing is South 87 degrees 54 minutes 46
seconds West;thence on a reverse curve for a distance of 119.98 feet,radius of said curve is 756.82
feet; thence South 81 degrees 00 minutes 00 seconds West,tangent to last described curve,84.88 feet;
thence on a tangential curve to the right for a distance of 219.91 feet, radius of said curve is 300.00
feet;thence on a reverse curve for a distance of 174.06 feet,radius of said curve is 997.28 feet;thence
North 67 degrees 00 minutes 00 seconds West,58.75 feet; thence on a tangential curve to the left for
a distance of 52.09 feet, radius of said curve is 411.54 feet; thence North 5 degrees 33 minutes 22
seconds East,to the southerly line of said Right of Way Plat; thence easterly,along aid Right of Way
Plat, to the point of beginning.
1 •
Jamestown Villas
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.91-185
A RESOLUTION APPROVING THE SUMMARY OF
ORDINANCE 21-91-PUD-7-91 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 21-91-PUD-7-91 was adopted and ordered published at a
regular meeting of the City Council of the City of Eden Prairie on the 20th day of August, 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE:
A. That the text of the summary of Ordinance No. 21-91-PUD-7-91 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 Minn.State. sec. 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 No. 21-91-PUD-7-91 shall be recorded in the ordinance book,
along with proof of publication required by paragraph B herein, within 20 days
after said publication.
ADOPTED by the City Council on the 20th day of August, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
Jamestown Villas
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 21-91-PUD-7-91
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
THE ZONING OF CERTAIN LAND WITHIN THE RM-6.5 DISTRICT AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9,
WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS:
Summary: This Ordinance amends the zoning of land within the RM-6.5 Zoning
District located south of Highway 5 and north of George Moran Drive subject to the terms and
conditions of a developer's agreement. Exhibit A,included with this Ordinance,gives the full
legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane,City Clerk /s/ Douglas B.Tenpas,Mayor
PUBLISHED in the Eden Prairie News on the day of 1991.
(A full copy of the text of this Ordinance is available from the City Clerk.)
Jamestown Villas
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION 91-161
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR JAMESTOWN VILLAS FOR THE ROTTLUND COMPANY,INC.
WHEREAS, The Rottlund Company, Inc., has applied for site plan approval of
Jamestown Villas on 8.6 acres for construction of 96 townhouse.units to be known as Jamestown
Villas on property located south of Highway 5 and north of George Moran Drive zoned RM-6.5
District by Ordinance 21-91-PUD-7-91 adopted by the City Council on August 20, 1991;and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its June 24, 1991 Planning Commission meeting and recommended approval of said site plans;
and,
WHEREAS,the City Council has reviewed said application at a public hearing at its July
I6, 199I meeting;
NOW,THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDEN PRAIRIE,that site plan approval be granted to The Rottlund Company,
Inc. for Jamestown Villas for construction of a 96 townhouse units based on plans dated July 12,
1991, subject to the terms and conditions of that certain Developer's Agreement between The
Rottlund Company,Inc.a Minnesota corporation and the City of Eden Prairie,dated August 20,
1991, for said construction.
ADOPTED by the City Council on August 20, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Franc, City Clerk
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Jamestown Villas
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1991, by THE ROTTLUND
COMPANY,INC.,a Minnesota corporation,hereinafter referred to as"Developer,"and the CITY OF EDEN
PRAIRIE,a municipal corporation,hereinafter referred to as"City:"
WITNESSETH:
WHEREAS,Developer has applied to City for Planned Unit Development Concept Amendment of the
60.8-acre Jamestown Planned Unit Development, Planned Unit Development District Review, with waivers,
and Zoning District Amendment within the RM-6.5 Zoning District,Site Plan Review,and Preliminary Plat
into twelve(12)lots for construction of 96 townhouse units, all on 8.6 acres, situated in Hennepin County,
State of Minnesota,more fully described in Exhibit A,attached hereto and made a part hereof,and said acreage
hereinafter referred to as"the Property;"
NOW,THEREFORE,in consideration of the City adopting Ordinance#21-91-PUD-7-91,Developer
covenants and agrees to construction upon,development,and maintenance of said Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and
approved by the City Council on July 16, 1991, revised and dated July 12, 1991,and attached
hereto as Exhibit B, subject to such changes and modifications as provided herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
at such times and in such manner as provided therein of all of the terms,covenants,agreements,
and conditions set forth in Exhibit C,attached hereto and made a part hereof. •
3. FILING OF FINAL PLAT: Prior to release by City of any final plat for the Property,
Developer agrees to provide proof to the City that the final plat for the overall Jamestown
Planned Unit Development has been filed with Hennepin County.
4. SPECIAL ASSESSMENT AGREEMENT: Developer acknowledges that capital improvements
to be constructed on and near the Property will provide special benefits to the Property. Prior
to release by the City of any final plat for the Property,Developer shall submit to the City and
obtain the City's approval of an executed special assessment agreement for Developer's fair share •
of costs for such capital improvements. Such costs shall consist of a pro-rated share of pending
assessments to the overall Jamestown Planned Unit Development including the following:
A. Assessments for Dell Road and Scenic Heights Road as described in the Revised
Feasibility Study for I. C. 52-160 dated February, 1991.
B. Assessments for sanitary sewer, watermain, storm sewer and street improvements to
Cascade Drive(the detached frontage road to T. H.#5)as desribed by the 100%petition
by Tandem Properties for I. C. 52-177.
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C. Trunk utility assessment of$3,000.00 per acre, if levied in 1991, or at the prevailing
rate, if levied thereafter.
D. Sub-trunk sanitary sewer in the amount of$35,277.00.
Developer and City agree that the pro-rated share of the above assessments shall be based on a
ratio of the area of the Property(8.6 acres) to the area of the overall Jamestown Planned Unit
Development(60.8 acres).
In any event, Developer and City agree that the total pro-rated share of assessments for the
Property shall not exceed$150,000 and that any amount over$150,000 shall be assessed to the
remainder of the overall 60.8-acre Jamestown Planned Unit Development lands.
• 5. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any
final plat for the Property, Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets,sanitary sewer,water,interim irrigation systems,storm
sewer,and erosion control for the Property.
Upon approval by the City Engineer,Developer shall construct,or cause to be constructed,those
improvements listed above in said plans,as approved by the City Engineer,in accordance with
Exhibit C,attached hereto.
6. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction
or development on the Property,Developer agrees to apply to the City Engineer,and obtain the
City Engineer's approval of a land alteration permit for the Property, which will include
provisions for tree replacement among other conditions.
City and Developer acknowledge that the total number of caliper inches of significant trees on
the overall 60.8-acre Jamestown Planned Unit Development is 7,112 caliper inches. Total tree
loss on the overall Planned Unit Development is 1,468 caliper inches of trees, of which 402
caliper inches are required to be replaced during development. City and Developer agree that
185 of the 402 caliper inches of trees to be replaced are attributable to the Jamestown Villas
portion of the overall Jamestown Planned Unit Development.
7. SIGN AND IRRIGATION PLANS: Prior to issuance by City of any building permit for the
Property, Developer agrees to submit to the Director of Planning, and to obtain the Director's
approval of the following revised plans:
A. An irrigation plan for maintenance of the landscaping and berming materials to be
installed on the Property.
B. A sign plan, providing details for signs on the Property. Said details shall reflect City
Code requirements of 24 sq. ft. for the entrance monument signs and 32 sq. ft. for the
temporary sales sign.
Upon approval by the Director of Planning, Developer agrees to implement, or cause to be
implemented, those improvements listed above, as approved by the Director of Planning, in
accordance with the terms and conditions of Exhibit C,attached hereto.
8. HOMEOWNERS'ASSOCIATION DOCUMENTATION: Prior to issuance of any building
permit on the Property,Developer agrees to submit to the City,and to obtain the City's approval '.
of,Homeowners'Association documents which provide for maintenance of common areas and
private streets and utilities on the Property. i.
Said documents shall also provide that in the event the private streets and the private utilities are
not being maintained to City standards,City shall become responsible for such maintenance,and
the owners of the multiple residential portion of the Property at that time shall accept assessments
assigned by the City for such maintenance.
Upon approval by the City,Developer agrees to execute and implement,or cause to be executed
and implemented, said documents, as approved by City, in accordance with the terms and
conditions of Exhibit C,attached hereto.
9. City hereby grants the following waiver to City Code requirements within the RM-6.5 District
through the Planned Unit Development District Review for the Property and incorporates said
waiver as part of PUD 7-91:
Waiver from maximum allowable density of 6.7 units per acre to allow for 11.16 units per acre.
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Jamestown Villas
OWNERS'SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
THE ROTTLUND COMPANY,INC.
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of , 1991, by and between TANDEM
PROPERTIES,a Minnesota general partnership,hereinafter referred to as"Owner,"and the CITY OF EDEN
PRAIRIE,hereinafter referred to as"City":
For,and in consideration of,and to induce City to adopt Ordinance#21-91-PUD-7-91,amending the
zoning of the Property owned by Owner within the RM-6.5 District to the PUD#21-91-RM-6.5 District,as
more fully described in that certain Developer's Agreement entered into as of ,1991,by and
between The Rottlund Company,Inc.,a Minnesota general partnership,and City,Owner agrees with City as
follows:
1. If The Rottlund Company,Inc.,fails to proceed in accordance with the Developer's Agreement
within 24 months of the date hereof,Owner shall not oppose the rezoning of the Property to the
underlying previously approved RM-6.5 District.
2. This Agreement shall be binding upon and enforceable against Owner,its successors,and assigns
of the Property.
3. If Owner transfers such Property,Owner shall obtain an agreement from the transferee requiring
that such transferee agree to the terms of the Developer's Agreement.
TANDEM PROPERTIES CITY OF EDEN PRAIRIE
By Douglas B.Tenpas, Mayor
Its
Carl J. Jullie, City Manager
1700
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Carpenter PUD
DEVELOPER'S AGREEMENT •
THIS AGREEMENT,made and entered into as of , 1991,by WALTER S.AND ELSA
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M.CARPENTER,husband and wife,hereinafter jointly referred to as"Developer,"and the CITY OF EDEN
PRAIRIE,a municipal corporation,hereinafter referred to as "City:"
WITNESSETH:
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WHEREAS,Developer has applied to City for a Comprehensive Guide Plan Amendment from Medium
Density Residential to Commercial on 4.5 acres and Planned Unit Development Concept on approximately 27
acres for development of 104,000 sq. ft. of Regional Commercial floor area and 117 Medium Density
Residential units,all said 27 acres situated in Hennepin County, State of Minnesota, more fully described in
Exhibit A,attached hereto and made a part hereof,and said acreage hereinafter referred to as"the Property;"
NOW, THEREFORE, in consideration of adoption by City of Resolutions #91-113 and #91-114
approving the Comprehensive Guide Plan Amendment request and the Carpenter Planned Unit Development
Concept,Developer agrees to develop the Property subject to the provisions of Eden Prairie City Code Chapter
11.40,Subdivision 1,and subject to the following conditions:
1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and
approved by the City Council on July 16, 1991,revised and dated July 12, 1991, and attached
hereto as Exhibit B, subject to such changes and modifications as provided herein.
2. TREE PRESERVATION: The inventory for the total number of caliper inches of significant
trees on the Property is 1,359. A total of 872 caliper inches of trees are proposed to be removed
as depicted in the grading plan attached hereto as Exhibit B. City Code allows for tree loss on
the Property to be a maximum of 35%. Therefore,tree replacement shall be a minimum of 199
caliper inches of trees based on said grading plan in Exhibit B. The tree replacement plan and
required surety will be a requirement of any future zoning or subdivision of the Property. •
3. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, •
Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a
land alteration permit for the Property. Said land alteration permit shall include provisions for •
staking the graded area(s) with snow fencing and for restoration and seeding of all disturbed
portions of the Property.
Developer further acknowledges that any grading subsequent to Phase I grading as depicted in
Exhibit B, attached hereto, shall require further review by the City Planning Commission and
City Council.
4. WETLANDS ALONG VALLEY VIEW ROAD: Prior to tilling or alteration of any kind of
the wetland areas along Valley View Road, Developer shall obtain the approval of the Minnesota
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Department of Natural Resources,the U. S. Army Corps of Engineers,and the Purgatory Creek
Watershed District. Developer further agrees to provide proof of such approvals to the Cit)
prior to commencement of any such filling or alteration of any wetland area.
5. PUD CONCEPT DENSITY AND DESIGN CRITERIA: The following density and design
criteria shall apply for all development on the Property:
A. A maximum of 117 residential units shall be allowed for the Property.
B. A maximum of 104,000 sq. ft. of commercial floor area shall be allowed for the
Property.
C. The amount and type of housing units and the amount and square footage of commercial
uses shall be allowed based on a specific site plan submitted with future rezoning and
subdivision requests,and shall be predicated upon provision of adequate transition to the
existing residential areas to the north of the Property. Transition shall include the
following:
1) Design shall incorporate features that will mitigate the scale and mass of the
building(s) such as varied roof lines and jogs in wall elevations, or other
architectural features.
2) Heavy landscaping and berming shall be required to offset the building mass and
to minimize visibility of commercial and housing from the existing residentia
areas to the north of the Property.
3) Large areas of natural vegetation shall be preserved on the Property.
4) No access shall be allowed to Stewart Drive from the Property.
D. A five-foot wide concrete sidewalk along the north side of Valley View Road.
E. A trail connection from the west side of the cul-de-sac connecting to Willow Park. If
said trail is not located within road right-of-way,an easement for such trail connection
shall be provided.
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EXHIBIT A
Legal Description
Comprehensive Guide Plan Amendment from Medium Density Residential to Regional Commercial
That part of the Northeast Quarter of the Southeast Quarter of Section 10,described as follows:
Commencing at the Northwest corner of said Southeast Quarter;thence on an assumed bearing of South
0 degrees 27 minutes 28 seconds East,a distance of 310.00 feet to the point of beginning;thence South
54 degrees 30 minutes 00 seconds East a distance of 340.00 feet; thence South 26 degrees 00 minutes
00 seconds East a distance of 225.00 feet; thence South 00 degrees 27 minutes 28 seconds East a �.
distance of 230 feet to the North line of Valley view Road; thence westerly along said North line a
distance of 365 feet to the West line of the Northeast Quarter of the Southeast Quarter; thence North
00 degrees 27 minutes 28 seconds West a distance of 679.69 feet to the point of beginning.
Planned Unit Development Concept
That part of the Northeast Quarter of the Southeast Quarter of Section 10,Township 116,Range 22,Hennepin
County, Minnesota,lying northerly of Valley View Road.
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Boulder Pointe 2nd Addition
( CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 23-91
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN
LAND FROM ONE ZONING DISTRICT AND PLACING 1T IN ANOTHER,AMENDING THE
LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
SECTION 1. That the land which is the subject of this Ordinance(hereinafter, the "land")is legally
described in Exhibit A attached hereto and made a part hereof.
SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District
and be placed in the R1-13.5 District.
SECTION 3. That the proposal is hereby adopted and the land shall be,and hereby is removed from
the Rural District and shall be included hereafter in the RI-13.5 District,and the legal descriptions of land in
each District referred to in City Code Section 11.03,Subdivision 1,Subparagraph B,shall be,and are amended
accordingly.
SECTION 4. City Code Chapter 1,entitled"General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation"and Section 11.99,"Violation a Misdemeanor"are hereby adopted
in their entirety, by reference,as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of August 20, 1991,entered into between Robert H.Mason,Inc.,a Minnesota corporation,
and the City of Eden Prairie(hereinafter"Developer's Agreement").
SECTION 6. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of
August, 1991,and finally read and adopted and ordered published at a regular meeting of the City Council of
said City on the 20th day of August, 1991.
ATTEST:
1
John D. Frane, City Clerk Douglas B. Tenpas, Mayor
JBLISHED in the Eden Prairie News on the_day of , 1991.
EXHIBIT A
Legal Descriptiort
Rezoning to R1-13.5
Outlot E, BOULDER POINTE, and that part of Outlot D, BOULDER POINTE, lying
southeasterly of Mitchell Road.
Preliminary Plat
Outlots D and E,BOULDER POINTE,according to the recorded plat thereof.
L Jam,
Boulder Pointe 2nd Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA 1
RESOLUTION NO.91-186
A RESOLUTION APPROVING THE SUMMARY OF
ORDINANCE 23-91 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
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WHEREAS, Ordinance No. 23-91 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 20th day of August, 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE:
A. That the text of the summary of Ordinance No. 23-91 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 Minn.State. sec.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 No. 23-91 shall be recorded in the ordinance book, along with
proof of publication required by paragraph B herein, within 20 days after said
publication.
ADOPTED by the City Council on the 20th day of August, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Franc, City Clerk
. A
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Boulder Pointe 2nd Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.23-91
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN
ANOTHER,AMENDING THE LEGAL DESCRIPTI.ON OF LAND IN EACH
DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.9, WHICH, AMONG OTHER THINGS,CONTAIN PENALTY
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PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: This Ordinance allows rezoning of land located south of Mitchell Road,
west of Twin Lakes Crossing and north of Victoria Drive from the Rural District to the R1-13.5
District,subject to the terms and conditions of a developer's agreement. Exhibit A, included
with this Ordinance,gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane, City Clerk /s/ Douglas B. Tenpas, Mayor
PUBLISHED in the Eden Prairie News on the clay of 1991.
(A full copy of the text of this Ordinance is available from the City Clerk.)
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Boulder Pointe 2nd Addition •
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1991, by ROBERT H.MASON,
INC.,a Minnesota corporation,hereinafter referred to as"Developer,"and the CITY OF EDEN PRAIRIE,
a municipal corporation, hereinafter referred to as"City:"
WITNESSETH:
WHEREAS,Developer has applied to City for Zoning District Change from Rural to R1-13.5 on 43.7
acres and Preliminary Plat of 68 acres into 75 single family lots, one outlot, and road right-of-way for
construction of 75 single family homes,all said 68 acres situated in Hennepin County,State of Minnesota,more
fully described in Exhibit A, attached hereto and made a part hereof,and said acreage hereinafter referred to
as the Property;"
NOW,THEREFORE,in consideration of the City adopting Ordinance#23-91, Developer covenants
and agrees to construction upon,development,and maintenance of said Property as follows:
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1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and
approved by the City Council on August 6, 1991, revised and dated July 26, 1991,and attached
hereto as Exhibit B, subject to such changes and modifications as provided herein. •
2. EXIIIBIT C: Developer covenants and agrees to the performance and observance by Developer
at such times and in such manner as provided therein of all of the terms,covenants,agreements,
and conditions set forth in Exhibit C,attached hereto and made a part hereof.
3. DEDICATION OF EASEMENTS: In addition to the easements depicted in Exhibit B,attached
hereto, Developer agrees that concurrent with, and as part of the final plat for the Property,
Developer shall submit to the City Engineer, and shall obtain the City Engineer's approval of
the following easements:
A. A 20 ft.wide drainage and utility easement to be located between Lots 11 and 12, Block
3,as such lots are depicted in Exhibit B,attached hereto, said easement to be dedicated
to the City.
B. A realigned, 20 ft. wide drainage and utility easement between Lots 2, 3,and 4, Block •
3, as depicted in Exhibit B, attached hereto, such that the easement aligns with the
existing Staring Lane East right-of-way to the south of the Property.
C. Temporary construction easements for construction of sanitary sewer through the Property IL
from from the Red Rock Interceptor located along Mitchell Road to the south boundary of the
Property bewteen Lots 11 and 12, Block 3, as depicted in Exhibit B.
Upon approval of the City Engineer, Developer agrees to provide such easements to the City,
as approved by the City Engineer, in accordance with the terms and conditions of Exhibit C,
attached hereto.
4. SPECIAL ASSESSMENT AGREEMENT: Prior to release of any final plat by the City,
Developer agrees to submit to the City,and to obtain the City's approval of,an executed Special
Assessment Agreement for the cost of extending sanitary sewer from the Red Rock Interceptor
along Mitchell Road to the south boundary of the Property between Lots 11 and 12, Block 3,
as depicted in Exhibit B, attached hereto.
5. MWCC PERMIT: Developer agrees to obtain a permit from the Metropolitan Waste Control
Commission(MWCC)to allow connection to the Red Rock Interceptor sanitary sewer to service
the Property.
Upon approval by the MWCC of such permit, Developer agrees to provide proof to the City of
such permit,prior to release by City of any pernit for grading,land alteration,or construction
on the Property.
6. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any
final plat for the Property, Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets,sanitary sewer,water,interim irrigation systems,storm
sewer,and erosion control for the Property.
Upon approval by the City Engineer,Developer shall construct,or cause to be constructed,those
improvements listed above in said plans,as approved by the City Engineer,in accordance with
Exhibit C, attached hereto.
7. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction
or development on the Property, Developer agrees to apply to the City Engineer,and obtain the
City Engineer's approval of a land alteration permit for the Property, which will include
mitigation of tree loss by tree replacement of 34 caliper inches of trees,among other conditions
and requirements.
Developer has submitted and City has approved a landscape plan for the Property which provides
for more than the required amount of tree replacement.
8. TEMPORARY DEAD-END SIGN: Concurrent with street and utility construction on the
Property, Developer agrees to mark the temporary terminus of Victoria Drive as a"temporary
dead-end" for purposes of notifying future residents of the intent to extend Victoria Drive after
completion of Phase I of development of the Property.
9. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on
the Property, Developer shall submit to the Chief Building Official, and obtain the Chief
Building Official's approval of detailed plans for the retaining walls indicated on the grading plan
in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type
of materials, and method of construction to be used for said retaining walls.
Upon approval by the Chief Building Official, Developer agrees to construct, or cause to bt
constructed,said retaining walls,as approved by the Chief Building Official,concurrent with the
grading, street,and utility construction on the Property, and in accordance with the terms and
conditions of Exhibit C, attached hereto. •
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10. SIDEWALKS: Prior to issuance by City of any permit for grading or construction on the
Property,Developer shall submit to the Director of Parks, Recreation,and Natural Resources,
and obtain the Director's approval of detailed plans for a five-foot wide concrete sidewalks to
be constructed in the followir,g locations as depicted in Exhibit B, attached hereto:
A. Along the south side of Boulder Pointe Road.
B. Along the east side of Victoria Drive.
Upon approval by the Director of Parks, Recreation,and Natural Resources, Developer agrees
to construct, or cause to be constructed, said sidewalks, concurrent with street and utility
construction on the Property, and in accordance with the terms and conditions of Exhibit C,
attached hereto.
11. MODEL HOME CONSTRUCTION: With respect to the siting of any model home on the
Property,Developer agrees that any such model home shall be located on a completed street,or
within I00 ft. of a completed street. In the event that such model home is not located on a
completed street,or within 100 ft. of a completed street,at the time of issuance of any building
permit therefor,Developer agrees as follows:
A. Developer shall construct a temporary road to said model home lot.
B. The temporary road shall be constructed to a 20 ft.width and shall be surfaced with Class
5 materials,such that fire and emergency vehicles can access the lot.
C. Developer shall be responsible for the maintenance of said temporary road, including
repairs,dust control, snow plowing, etc., on a year-round basis, until such time as the
completed street is available to such model home.
D. No building permit for such model home shall be released by City until such temporary
road is completed and approved by City.
12. MAINTENANCE OF MONUMENT SIGN: Prior to issuance of any building permit for Lot
3, Block 1,as depicted in Exhibit B, attached hereto, Developer agrees to submit tot he City,
and to obtain the City's approval of Homeowners' Association documents which provide for
maintenance of the monument sign for the Property.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.91-189
A RESOLUTION APPROVING FINAL PLAT OF
FAIRFIELD OF EDEN PRAIRIE 6TH ADDITION
WHEREAS, the plat of Fairfield of Eden Prairie 6th Addition submitted in a manner required
for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW,THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Fairfield of Eden Prairie 5th Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated August 15, 1991.
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B. That the City Clerk is hereby directed to supply a certified copy of this
Resolution to the owners and subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
'provisions.
ADOPTED by the Eden Prairie City Council on August 20, 1991.
Douglas B.Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
MEMORANDUM
TO: Mayor and City Council
THROUGH: Alan D. Gray,City Engineer
FROM: Jeffrey Johnson,Engineering Technician
DATE: August 15, 1991
SUBJECT: Fairfield of Eden Prairie 6th Addition
(Resolution No.91-189)
PROPOSAL: Centex Real Estate Corporation is requesting City Council approval of the final
plat of Fairfield of Eden Prairie 6th Addition. This proposal is a further subdivision of
the Fairfield planned unit development and incorporates Outlots B and C of Fairfield of
Eden Prairie 2nd Addition. The plat contains 23 single family lots and right-of-way
dedication for street purposes.
HISTORY: The preliminary plat was approved by the City Council July 19, 1988 per
Resolution No.88-137. Second reading of Ordinance No. 59-88-PUD-15-88,changing
zoning from Rural to R1-13.5 was finally read and approved by the City Council
February 20, 1990.
The Developer's Agreement referred to within this report was executed February 20,
1990,with an amendment to said agreement dated May 7, 1991.
VARIANCES: All variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS: Municipal utilities, streets and walkways will be installed
throughout this project in conformance with City Standards and the Developer's
Agreement.
The proposed street name of Woodcrest Drive conflicts with other street names and
therefore should be revised.
Prior to release of the final plat the Developer shall provide the City Engineer with
detailed plans and specifications for street and utility construction and receive the City
Engineer's approval of said plans.
PARK DEDICATION: The requirements for park dedication are covered in the Developer's
Agreement.
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Final Plat-Fairfield 6th Addition
(Resolution No.91-189)
August 15,1991
Page 2 of 2
BONDING: All bonding requirements shall conform to City Code and the Developer's
Agreement.
RECOMMENDATION: Recommend approval of the final plat of Fairfield of Eden Prairie 6th
Addition subject to the requirements of this report,the Developer's Agreement and the
following:
1. Receipt of street sign fee in the amount of$622.00.
2. Receipt of street lighting fee in the amount of$3,618.00.
- 3. Receipt of engineering fee in the amount of$920.00.
4. Satisfaction of bonding requirements.
5. Review and approval by City Engineer of street and utility plans.
6. Revision of street name of Woodcrest Drive.
JJ:ssa
cc: Dan Blake, Centex
Sathre Bergquist, Inc.
-MEMORANDUM -
(
TO: Mayor and City Council
FROM: Eugene A. Dietz, Director of Public Works lr��Q•
DATE: August 14, 1991
SUBJECT: Software Agreement with Diagonal Data Corporation
•
Approximately three months ago,the City of Eden Prairie was approached by the Eden Prairie
firm of Diagonal Data Corporation (DDC) regarding the possibility of a mutual benefit
agreement for computerization of maintenance,inventory and staffing functions at the municipal
Water Plant. The approach that DDC is taking in their contact with us is similar, but only
smaller scale, to the E.F.Johnson agreement that we entered into for the new communication
system for the City. The proposal is for DDC to provide approximately$50,000 of software
and services at no cost to the City. In exchange, they will utili7P our facility for marketing
purposes on crrasion and charge us a nominal maintenance fee of$100 per month to help load
the program information and get the system running and maintained for a 5-year period.
My staff has been investigating software to do these types of data tracking over the past year.
We have found that we can purchase some very basic programming for approximately$6,000
and spend approximately $17,000 on equipment to run it for a total cost of approximately
$23,000. The DDC proposal actually provides a very sophisticated program at no charge to the
City,but the equipment costs are nearly$19,000 and there are some upgrade costs that can be
anticipated several times during the course of the 5-year agreement. The net result is that we
could buy less expensive equipment and spend money on a marginal program or take advantage
of the DDC offer and spend a little more money on equipment and maintenance for very nearly
the same amount of money. In fact, the programs that are standard that we have been
specifically looking at cost more in the range of$15,000 and this package offer from DDC
should be significantly less with a very much improved end result along with a great deal of
personalized attention from the firm.
The 1991 enterprise fund for the utility budget did not anticipate this expenditure,but funds are
•
available and the Council is respectfully requested to authorize the Mayor and Manager to
execute the DDC agreement. The Eden Prairie Water Plant is one of the finest facilities of its
kind in the upper Midwest and maintaining a high level of sophistication in our operations will
enhance that stature. Additionally, we would very much like to have our preventative
maintenance programming and parts inventory system on line prior to the plant expansion,which
is anticipated to be around 1995.
EAD:ssa
Dsk:CC.DDC
17I5
July 22,1991
Diagonal Data Corporation
Program License Agreement
Licensee: City of Eden Prairie
7905 Mitchell Road
Eden Prairie.Minnesota 55344
DIAGONAL DATA CORPORATION, with offices located at 6442 City West
Parkway, Eden Prairie,Minnesota 55344,hereinafter referred to as'DDC," •
agrees to grant,and the CITY OF EDEN PRAIRIE,hereinafter referred to as
"City,"agrees to accept for valuable consideration,the sufficiency of which is
hereby acknowledged, a personal, non-transferrable, and non-exclusive
licence to Use the Licensed Program in accordance with the following terms
and conditions.
The Licensed Program furnished to the City is made available pursuant to
the terms of this Agreement which governs use, copying, distribution, and
any other disposition.
1. GENERAL
It is the intent of this agreement that the City benefit from this
relationship by virtue of the use of the software,products,and services
provided by DDC.
It is the intent of this agreement that DDC will benefit from this
relationship by virtue of the access to the working environment and
information of the City of Eden Prairie providing such information is
not in violation of any law.
It is mutually understood that the City working environment may be
utilized by DDC to showcase software, products, and services which
are provided by DDC to the City of Eden Prairie. DDC's clients or
prospects may be directed to the City as a working circumstance for
the software, products and services of DDC. DDC will respect the
working environment of the City and treat the information provided
with discretion.DDC access to the City environment will be limited to
normal business hours unless mutually agreed otherwise.
City at Eden Prairie Program License Agreement
Pagc 1 of 3
�11v
•
•
July 22, 1991
2. REPRESENTATION AS AGENT
The City will not represent DDC in any form or manner as a sales
agent.
3. DEFINITIONS
"Licensed Program" is a program furnished by DDC to the City and
includes supporting materials and program portions furnished by or on •
behalf of DDC.
4. LICENSE
The license granted the City is on a personal non-transferrable and
non-exclusive basis, and is for the City of Eden Prairie's sole use and
benefit.
5. SOFTWARE MAINTENANCE
DDC will provide software support to the City with periodic updates
and services of support personnel.
6. CHARGES/PAYMENTS
Licensed Program license fees will be the fees listed in Exhibit A of
this'agreement.
7. EQUIPMENT REQUIREMENTS
Performance of the obligations of DDC pursuant to this agreement is
conditioned upon the City's securing and providing the necessary
computer hardware, peripheral equipment, and support necessary to
maintain a current working environment for the software, products,
and services provided by DDC.
8. COPIES
The Cityshall not copythe Licensed Program
except as necessary for
internal City use.
9. TERM
The term of this agreement is five(5)years from the date of execution
by DDC and may be extended as mutually agreed.
City of Eden Prairie Program License Agreement
Page 2 of 3 /.f c)
. July 22,1991
10. TERMINATION
Upon expiration the City may exercise the following options:
a. Extend the agreement in place subject to the terms and
conditions contained herein or as mutually agreed otherwise.
b. Revert to a standard license agreement and subject to software
support fees in effect at the time.
c. Terminate the agreement in entirety and retain the software
object code supporting materials and manuals which has been
provided without license fee by DDC for exclusive use and
benefit of the City,allowing for continued internal use of the
program as revised and in place at the time of termination.
11. WARRANTY
There are no warranties,either express or implied,with regard to any
licensed program.
12. LIMITATION OF LIABILITY
DDC and the City agree that either patty's liability, if any, for
damages: Including but not limited to liability arising out of contract
negligence, strict liability in tort, warranty, or patent or copyright
infringement,shall not exceed the license fees paid by the City for the
particular Licensed program involved. The limitations contained in
this section shall not apply to any claim for contribution,indemnity,or
otherwise by one party from another for amounts claimed by, or to
which, a third party is adjudged entitled to recover against either
party hereto.
City of Eden Prairie Diagonal Data Corporation
7905 Mitchell Road 6442 City West Parkway
Eden Prairie,Minnesota 55344 Eden Prairie,Minnesota 55344
Mayor Date Authorized Representative Date
City Manager Date Title Date
City of EArn Prairie Program License Agreement
Page 3 of 3 c*
July 22, 1991
Exhibit A
Licensed Programs '+
MCS-II
List
ihstP License
m Description Fee
MMS Maintenance Management Subsystem $21,275
IMS Inventory Management Subsystem 14,000
PCS Purchasing Control Subsystem 14,000
SMS System Management Subsystem -0 j
Total License Fee • $49,275
Discount at 100% 49.275
Net License Fee $ 0
SOFTWARE MAINTENANCE
MCS-II License Programs $49,275
Annual Maintenance at 15% 7,931
Discount at 85% -6,741
Annual Maintenance Fee $ 1,190
(Monthly Fee: $99.00) it
Cite of Eden Prairie Program License Agreement,Exhibit A
Page loll l�,
% lq
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.91-192
HARDSHIP ACQUISITION--GEORGE ROLES PROPERTY
LOT 3,BLOCK 3,EDEN SCHOOL ADDITION
WHEREAS,the City of Eden Prairie has adopted an official map for the proposed construction
of Trunk Highway 212;
WHEREAS,Lot 3,Block 3,Eden School Addition is wholly within the right-of-way limits as
designated on said official map;
WHEREAS, the owners has demonstrated a hardship condition in their ability to sell said
property;and
WHEREAS, the Metropolitan Council administrates a funding mechanism (Right-of-Way
Acquisition Loan Fund)to acquire properties within officially mapped highway corridors that
have demonstrated hardships as a result of such mapping procedures.
NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that the
Director of Public Works be directed to submit an application to the Metropolitan Council for
the purpose of acquiring Lot 3,Block 3,Eden School Addition in accordance with the Advance
Acquisition and Loan procedures.
ADOPTED by the Eden Prairie City Council on August 20, 1991.
Douglas B.Tenpas, Mayor j.
ATTEST: SEAL
John D. Frane, Clerk
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MEMORANDUM
TO: Mayor and City Council
THROUGH: Bob Lambert, Director of Parks,Recreation and Natural Resources •
FROM: Sandra F. Werts, Recreation Supervisor
DATE: July 30, 1991
SUBJECT: Request from Senior Center Advisory Committee for Funding for a Poster of the
"Heritage Quilt"
REQUEST:
The Eden Prairie Senior Center Advisory Committee would like to request$1,600 in funding to
underwrite the printing of a poster of the"Heritage Quilt"that was made by the seniors. Staff
proposes that the funding come from $3,600 budgeted in 1991 for senior van drivers in case
enough volunteers could not be found. Since 11 new volunteer drivers were trained the funds
will not be used and are available for reallocation.
One-thousand copies of the poster would be printed and sold for approximately$6.50. Proceeds
from the profit of the sale of the poster would be donated to the Cummins-Grill Homestead to
assist with restoration costs.
BACKGROUND:
Two years ago a group of seniors embarked on a project to design and sew a quilt depicting the
history of Eden Prairie. They chose 20 scenes and pictures from"Eden Prairie: The First 100
Years"to reproduce on the quilt. The quilt is now being bound and should be ready for display
in September.
The Seniors are very proud of their quilt and would like to use it to benefit the restoration of the
Cummins-Grill Homestead through the sale of a poster. The inspiration for the poster came from
Chaska, where a print of their heritage quilt is sold for$10.
The quotes we received were for a quality coated paper,needed to reproduce a photograph. The •
difference in printing 1,000 posters versus 500 was$300 and less.
The Senior Board is hoping that you would look favorably on this project.
SFW:mdd
quilt/sandy
! r`r
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.91-193
RECORDING CONFORMANCE WITH DEVELOPER'S AGREEMENT
FOR CHASE POINT/SUPERAMERICA DEVELOPMENT
WHEREAS,on June 20, 1989,Crosstown Investors,a Minnesota corporation(Owner)
and the City of Eden Prairie, a municipal corporation, entered into a certain Developer's
Agreement(Agreement)pertaining to that certain property referred to as CHASE POINT and
legally described as Lot 1, Block I,CHASE POINT 2ND ADDITION;and,
WHEREAS,the Owner has complied with certain provisions of said Agreement as to the
development of the CHASE POINT 2ND ADDITION;and,
WHEREAS, the City Engineer has reviewed the Owner's compliance with said
Agreement as to Lot 1, Block 1, CHASE POINT 2ND ADDITION and has so advised this
Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden
Prairie that as to CHASE POINT 2ND ADDITION,the City finds that:
All items of the Agreement have been satisfactorily completed.
BE IT FURTHER RESOLVED that the Agreement shall remain in full force and effect
as to all items and lots not mentioned herein.
ADOPTED by the City Council this 20th day of August, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, Clerk
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Direct Dial
(612) 347-7093
July 17, 1991
Mr. Chris Enger
Director of Planning
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344-3677
Re: 6355 Point Chase
Dear Mr. Enger:
Our office represents SOTS Limited Partnership, the partnership
that is constructing the SuperAmerica station store at 6355
Point Chase in the City of Eden Prairie. This property is
subject to a Developer's Agreement with the City of Eden Prairie
dated June 20, 1989 made by Crosstown Investors, our seller.
In connection with the financing of this project, our lender has
asked for a letter from the City of Eden Prairie confirming that
there is no default under the Developer's Agreement as of this
time and that the construction of the SuperAmerica station store
on Lot 1, Block 1, Chase Point 2nd Addition was in compliance
with the terms of the Developer's Agreement.
I understand that inspections have to be ordered and made in
order for the City Council to address this request. Kate
Garwood, I believe, has started that process. If additional
information or documentation is required, please call me so that
I can get the information to you in time for the August 6
Council meeting.
Sincerely,
'Mrs. Bonnie A. O'Malley
Real Estate Assistant
BAO:ds:6782e
CERTIFICATION OF MINUTES RELATING TO
// $7,235,000* GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS,
SERIES 1991D
$420,000* GENERAL OBLIGATION STATE-AID ROAD REFUNDING
BONDS, SERIES 1991E AND
$3,130,000* GENERAL OBLIGATION WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 1991F
Issuer: City of Eden Prairie, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held on
Tuesday, August 20, 1991, at 7:30 o'clock P.M. at the City Hall.
Members present:
Members absent:
Documents Attached: RESOLUTION NO. 91-'
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF:
$7,235,000* GENERAL OBLIGATION IMPROVEMENT REFUNDING
BONDS, SERIES 1991D
$420,000* GENERAL OBLIGATION STATE-AID ROAD REFUNDING
BONDS, SERIES 1991E AND
$3,130,000* GENERAL OBLIGATION WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 1991F
OFFICIAL TERMS OF OFFERING AND NOTICES OF SALE
I, the undersigned, being the duly qualified and acting recording
officer of the public corporation issuing the bonds referred to in
the title of this certificate, certify that the documents attached
hereto, as described above, have been carefully compared with the
original records of said corporation in my legal custody, from
which they have been transcribed; that said documents are a
correct and complete transcript of the minutes of a meeting of the
governing body of said corporation, and correct and complete
copies of all resolutions and other actions taken and of all
documents approved by the governing body at said meeting, so far
as they relate to said bonds; and that said meeting was duly held
by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and
notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer
this day of August, 1991.
SEAL
John Frane, City Finance Director/Clerk
*Estimated, subject to change
Councilmember introduced the following
resolution and moved its adoption:
$7,235,000* GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS,
SERIES 1991D
$920,000* GENERAL OBLIGATION STATE-AID ROAD REFUNDING
BONDS, SERIES 1991E AND
$3,130,000* GENERAL OBLIGATION WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 1991F
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the City), as follows:
Section 1. Purpoces. It is hereby determined to be in
the best interests of the City to issue the following bonds,
pursuant to the provisions of Minnesota Statutes, Chapter 975:
(a) General Obligation Improvement Refunding Bonds,
Series 1991D, in the approximate principal amount of
$7,235,000 to refund in advance of their stated maturities
the following issues:
(i) General Obligation Improvement Bonds of 1983,
dated December 1, 1983 - the 1992 through 2001
maturities;
(ii) General Obligation Improvement Bonds of 1982,
dated December 1, 1982 - the 1992 through 2000
maturities;
(iii) General Obligation Improvement Bonds of 1982,
dated March 1, 1982 - the 1992 through 1995 maturities;
and
(iv) Improvement Bonds dated May 1, 1980 - the
1992 through 1998 maturities.
(b) General Obligation State-Aid Road Refunding Bonds,
Series 1991E, in the approximate principal amount of $920,000
to refund in advance of their stated maturities the General
Obligation State Aid Road Bonds of 1982, dated December 1,
1982 - the 1999 through 2001 maturities.
(c) General Obligation Water and Sewer Revenue Refunding
Bonds, Series 1991F, in the approximate principal amount of
$3,130,000 to refund in advance of their stated maturities
the Water and Sewer Bonds dated May 1, 1980 - the 1992
through 2003 maturities.
*Estimated, subject to change.
nr
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Section 2. Igrma of SR1Pa and Nottc.Pq. Springsted
Incorporated, financial consultant to the City, has presented to
this Council forms of Official Terms of Offering and Notices of i.
Sale for publication for each of the issues, which shall be placed
on file by the Finance Director/Clerk. Each and all of the
provisions of the Official Terms of Offering are hereby adopted as
the terms and conditions of each of the issues and of the sale
thereof. The Finance Director/Clerk is authorized and directed to
cause the Notices of Sale to be published once in the official
newspaper and once in a bond trade publication at least 10 days
prior to the date on which bids for the purchase of the issues
will be received. t.
Section 3. We MeatinQ. This Council shall meet at
the City Hall on Tuesday, September 17, 1991, at 7:30 o'clock P.M,
for the purpose of considering sealed bids for the purchase of the
issues and of taking such action thereon as may be in the best
interests of the City.
Douglas B. Tenpas, Mayor
Attest:
John Frane, Finance Director/Clerk
The motion for the adoption of the foregoing resolution
was duly seconded by Councilmember and upon vote
being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
-2-
OFFICIAL TERMS OF OFFERING
S7,235,000'
CiTY OF EDEN PRAIRIE,MINNESOTA
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS,SERIES 1991D
Sealed bids for the Bonds will be received by the City Finance Director or his designee on
Tuesday,September 17, 1991, until 12:00 Noon, Central Time,at the offices of SPRINGSTED
Incorporated,85 East Seventh Place,Suite 100, Saint Paul, Minnesota, after which time they
will be opened and tabulated. Consideration for award of the Bonds will be by the City Council
at 7:30 P.M.,Central Time,of the same day.
DETAILS OF THE BONDS
The Bonds will be dated October 1, 1991,as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year,commencing February 1,1992. Interest will
be computed on the basis of a 360-day year of twelve 30-day months and will be rounded
pursuant to rules of the MSRB. The Bonds will be issued in the denomination of$5,000 each,
or in integral multiples thereof, as requested by the purchaser, and fully registered as to
principal and interest. Principal will be payable at the main corporate office of the registrar and
interest on each Bond will be payable by check or draft of the registrar mailed to the registered
holder thereof at the holder's address as it appears on the books of the registrar as of the
close of business on the 15th day of the immediately preceding month.
The Bonds will mature February 1 in the years and amounts as follows:
1992 $1,455,000 1996 $680,000 1999 $615,000
1993 $ 850,000 1997 $660,000 2000 $590,000
1994 $ 830,000 1998 $665,000 2001 $ 85,000
1995 $ 805,000
* The City reserves the right, after bids are opened and prior to award, to increase or reduce the
principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total
amount not to exceed$100,000 and will be made in multiples of$5,000 in any of the maturities. In the
event the principal amount of the Bonds is increased or reduced, any premium offered or any
discount taken by the successful bidder will be increased or reduced by a percentage equal to the
percentage by which the principal amount of the Bonds is increased or reduced.
OPTIONAL REDEMPTION
The City may elect on February 1,1999,and on any day thereafter,to prepay Bonds due on or
after February 1,2000. Redemption may be in whole or in part and if in part,at the option of
the City and in such manner as the City shall determine and within a maturity by lot as selected
by the registrar. All prepayments shall be at a price of par and accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge
special assessments against benefited property. The proceeds will be used to refund in
advance of their stated maturities the 1992 through 2001 maturities of the City's General
Obligation Improvement Bonds of 1983, dated December 1, 1983; the 1992 through 2000
maturities of the City's General Obligation Improvement Bonds of 1982, dated December 1,
1982;the 1992 through 1995 maturities of the City's General Obligation Improvement Bonds of
11?
pit
1982, dated March 1, 1982; and to refund the outstanding maturities of the City's General
Obligation Improvement Bonds of 1980,dated May 1,1980.
TYPE OF BID
Bids shall be for not less than$7,162,650 and accrued interest on the total principal amount of
the Bonds. Bids shall be accompanied by a Good Faith Deposit("Deposit")in the form of a
certified or cashier's check or a Financial Surety Bond in the amount of$72,350,payable to the
order of the City. If a check is used,it must accompany each bid. II a Financial Surety Bond is
used, it must be from an insurance company licensed to issue such a bond in the State of
Minnesota, and preapproved by the City. Such bond must be submitted to Springsted
Incorporated prior to the opening of the bids. The Financial Surety Bond must Identify each
bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded
to a bidder using a Financial Surety Bond,then that purchaser is required to submit its Deposit
to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as
instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next
business day following the award. It such Deposit is not received by that time,the Financial
Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit
the check of the purchaser,the amount of which will be deducted at settlement and no interest
will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid,
said amount will be retained by the City. No bid can be withdrawn after the time set for
receiving bids unless the meeting of the City scheduled for award of the Bonds is adjourned,
recessed,or continued to another date without award of the Bonds having been made. Rates
shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds
of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity.
No conditional bid will be accepted.
AWARD
The Bonds will be awarded to the bidder offering the lowest interest rate to be determined on a
true interest cost (TIC) basis. The City's computation of the interest rate of each bid, in
accordance with customary practice,will be controlling.
The City will reserve the right to: (i)waive non-substantive informalities of any bid or of matters
relating to the receipt of bids and award of the Bonds, (ii)reject all bids without cause,and,
(iii)reject any bid which the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the bidder,the purchase of any such insurance policy or the issuance
of any such commitment shall be at the sole option and expense of the purchaser of the
Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser,except that,if the City has requested and received a
rating on the Bonds from a rating agency,the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
-ii- J.1'_ s .t
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds,but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award,the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery wiil be
subject to receipt by the purchaser of an approving legal opinion of Dorsey &Whitney of
Minneapolis,Minnesota,which opinion will be printed on the Bonds,and of customary closing
papers,including a no-litigation certificate. On the date of settlement payment for the Bonds
shall be made in federal,or equivalent,funds which shall be received at the offices of the City
or its designee not later than 12:00 Noon,Central Time. Except as compliance with the terms
of payment for the Bonds shall have been made Impossible by action of the City,or Its agents,
the purchaser shall be liable to the City for any loss suffered by the City by reason of the
purchaser's non-compliance with said terms for payment.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds,and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement and the Official Bid Form or for any additional information
prior to sale, any prospective purchaser is referred to the Financial Advisor to the City,
Springsted Incorporated, 35 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101,
telephone(612)223-3000.
The Official Statement,when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law,shall constitute a"Final Official Statement"of the City with respect
to the Bonds, as that term is defined In Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting an Official Bid Form therefor,the City agrees
that, no more than seven business days after the date of such award, it shall provide without
cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 290
copies of the Official Statement and the addendum or addenda described above. The City
designates the senior managing underwriter of the syndicate to which the Bonds are awarded
as its agent for purposes of distributing copies of the Final Official Statement to each
Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with
respect to the Bonds agrees thereby that if its bid is accepted by the City(I)it shall accept such
designation and (ii)it shall enter into a contractual relationship with all Participating
Underwriters of the Bonds for purposes of assuring the receipt by each such Participating
Underwriter of the Final Official Statement.
Dated August 20,1951 BY ORDER OF THE CITY COUNCIL
/s/John Frans
Finance Director/Clerk
-iii- „
1�' ,)
NOTICE OF SALE
City of Eden Prairie Minnesota
$7,235,000* General Obligation Improvement
Refunding Bonds, Series 1991D
These Bonds will be offered for sale on sealed bids on
Tuesday, September 17, 1991. Bids will be accepted until 12:00
noon by the Finance Director/Clerk or his designee at the offices
of Springsted Incorporated, 85 East Seventh Place, Suite 100, St.
Paul, Minnesota 55101-2143, at which time the bids will be opened
and tabulated for presentation to the City Council for action
thereon at a meeting to be held at the City Hall at 7:30 p.m. on
the same day. No bid submitted can be withdrawn before the
Council meeting. The Bonds will be issuable in fully registered
form in denominations of $5,000 or any integral multiple thereof,
will be dated, as originally issued, as of October 1, 1991, will
bear interest payable semiannually on each February 1 and August 1
to maturity, commencing February 1, 1992, and will mature on
February 1 in the following years and amounts:
Year Amount yaar Amount
1992 $1,455,000 1997 $660,000
1993 850,000 1998 665,000
1994 830,000 1999 615,000
1995 805,000 2000 590,000
1996 680,000 2001 85,000
The City reserves the right to increase or decrease the principal
amount of the Bonds in an amount not to exceed $100,000 on the day
of sale. If the principal amount of the Bonds is adjusted, the
purchase price will be adjusted proportionately.
Bidders must specify a price of not less than $7,162,650 plus
accrued interest. A legal opinion on the Bonds will be furnished
by Dorsey & Whitney, of Minneapolis, Minnesota.
Bidders should be aware that the Official Terms of Offering to be
published in the Official Statement for the Bonds may contain
additional bidding terms and information relative to the Bonds.
In the event of a variance between statements in this Notice of
Sale and said Official Terms of Offering, the provisions of the
latter shall control.
Dated: August 20, 1991. BY ORDER OF THE CITY COUNCIL
/s/ John Frame, Finanre Director/Clerk
*Estimated, subject to change.
A
OFFICIAL TERMS OF OFFERING
$420,000'
CiTY OF EDEN PRAIRIE,MINNESOTA
GENERAL OBUGATION STATE-AID ROAD REFUNDING BONDS,SERIES 1991 E
Sealed bids for the Bonds will be received by the City Finance Director or his designee on
Tuesday,September 17, 1991, until 12:00 Noon,Central Time,at the offices of SPRINGSTED
Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they
will be opened and tabulated. Consideration for award of the Bonds will be by the City Council
at 7:30 P.M.,Central Time,of the same day.
DETAILS OF THE BONDS
The Bonds will be dated October 1, 1991,as the date of original Issue,and will bear Interest
payable on May 1 and November 1 of each year, commencing May 1, 1992. interest will be
computed on the basis of a 360-day year of twelve 30-day months and will be rounded
pursuant to rules of the MSRB. The Bonds will be issued in the denomination of$5,000 each,
or in integral multiples thereof, as requested by the purchaser, and fully registered as to
principal and interest. Principal will be payable at the main corporate office of the registrar and
interest on each Bond will be payable by check or draft of the registrar mailed to the registered
holder thereof at the holder's address as it appears on the books of the registrar as of the
close of business on the 15th day of the immediately preceding month.
The Bonds will mature May 1 in the years and amounts as follows:
1994 $50,000 1997 $55,000 2000 $50,000
1995 $60,000 1998 $55,000 2001 $45,000
1996 $55,000 1999 $50,000
• The City reserves the right, after bids are opened and prior to award, to increase or reduce the
principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total
amount not to exceed$20,000 and will be made in multiples of$5,000 in any of the maturities. In the
event the principal amount of the Bonds is increased or reduced, any premium offered or any
discount taken by the successful bidder will be increased or reduced by a percentage equal to the
percentage by which the principal amount of the Bonds is increased or reduced.
OPTIONAL REDEMPTION
The City may elect on May 1,1999,and on any day thereafter,to prepay Bonds due on or after
May 1,2000. Redemption may be in whole or in part and if in part,at the option of the City and
in such manner as the City shall determine and within a maturity by lot as selected by the
registrar. All prepayments shall be at a price of par and accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge annual
allocations expected to be received from the Minnesota Department of Transportation. The
proceeds will be used to refund in advance of maturity the 1994 through 2001 maturities of the
City's General Obligation State Aid Road Bonds of 1982,dated December 1,1982.
TYPE OF BID
Bids shall be for not less than$415,800 and accrued Interest on the total principal amount of
the Bonds. Bids shall be accompanied by a Good Faith Deposit("Deposit')In the form of a
certified or cashier's check or a Financial Surety Bond in the amount of$4,200,payable to the
order of the City. If a check is used,it must accompany each bid. If a Financial Surety Bond is
used, it must be from an insurance company licensed to issue such a bond in the State of
Minnesota, and preapproved by the City. Such bond must be submitted to Springsted
Incorporated prior to the opening of the bids. The Financial Surety Bond must identity each
bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded
to a bidder using a Financial Surety Bond,then that purchaser is required to submit its Deposit
to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as
instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next
business day following the award. ff such Deposit is not received by that time,the Financial
Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City win deposit
the check of the purchaser,the amount of which will be deducted at settlement and no interest
will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid,
said amount will be retained by the City. No bid can be withdrawn after the time set for
receiving bids unless the meeting of the City scheduled for award of the Bonds is adjourned,
recessed,or continued to another date without award of the Bonds having been made. Rates
shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds
of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity.
No conditional bid will be accepted.
AWARD
The Bonds will be awarded to the bidder offering the lowest interest rate to be determined on a
true interest cost (TIC) basis. The City's computation of the interest rate of each bid, in
accordance with customary practice,will be controlling.
The City will reserve the right to: (i)waive non-substantive informalities of any bid or of matters
relating to the receipt of bids and award of the Bonds, (Ii)reject all bids without cause, and,
(iii)reject any bid which the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds qualify for issuance of any policy of municipal bond Insurance or commitment
therefor at the option of the bidder,the purchase of any such insurance policy or the issuance
of any such commitment shall be at the sole option and expense of the purchaser of the
Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser,except that,if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
iy
-ii- /7J 'r
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award,the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney of
Minneapolis, Minnesota,which opinion will be printed on the Bonds,and of customary closing
papers, including a no4itigation certificate. On the date of settlement payment for the Bonds
shall be made in federal,or equivalent,funds which shall be received at the offices of the City
or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms
of payment for the Bonds shall have been made Impossible by action of the City,or its agents,
the purchaser shall be liable to the City for any loss suffered by the City by reason of the
purchaser's non-compliance with said terms for payment.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds,and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement and the Official Bid Form or for any additional information
prior to safe, any prospective purchaser is referred to the Financial Advisor to the City,
Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101,
telephone(612)223-3000.
The Official Statement,when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law,shall constitute a"Final Official Statement"of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting an Official Bid Form therefor,the City agrees
that,no more than seven business days after the date of such award,it shall provide without
cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 20
copies of the Official Statement and the addendum or addenda described above. The City
designates the senior managing underwriter of the syndicate to which the Bonds are awarded
as its agent for purposes of distributing copies of the Final Official Statement to each
Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with
respect to the Bonds agrees thereby that if its bid is accepted by the City(I)it shall accept such
designation and (ii)it shall enter into a contractual relationship with all Participating
Underwriters of the Bonds for purposes of assuring the receipt by each such Participating
Underwriter of the Final Official Statement.
Dated August 20,1991 BY ORDER OF THE CITY COUNCIL
/s/John Frane E'
Finance Director/Clerk
-iff- /y
NOTICE OF SALE
City of Eden Prairie Minnesota
$420,000* General Obligation State-Aid Road Refunding Bonds,
Series 1991E
These Bonds will be offered for sale on sealed bids on
Tuesday, September 17, 1991. Bids will be accepted until 12:00
noon by the Finance Director/Clerk or his designee at the offices
of Springsted Incorporated, 85 East Seventh Place, Suite 100, St.
Paul, Minnesota 55101-2143, at which time the bids will be opened
and tabulated for presentation to the City Council for action
thereon at a meeting to be held at the City Hall at 7:30 p.m. on
the same day. No bid submitted can be withdrawn before the
Council meeting. The Bonds will be issuable in fully registered
form in denominations of $5,000 or any integral multiple thereof,
will be dated, as originally issued, as of October 1, 1991, will
bear interest payable semiannually on each May 1 and November 1 to
maturity, commencing May 1, 1992, and will mature on May 1 in the
following years and amounts:
Ye= pmnunt
1994 $50,000
1995 60,000
1996 55,000
1997 55,000
1998 55,000
1999 50,000
2000 50,000
2001 45,000
The City reserves the right to increase or decrease the principal
amount of the Bonds in an amount not to exceed $20,000 on the day
of sale. If the principal amount of the Bonds is adjusted, the
purchase price will be adjusted proportionately.
Bidders must specify a price of not less than $415,800 plus
accrued interest. A legal opinion on the Bonds will be furnished
by Dorsey & Whitney, of Minneapolis, Minnesota.
Bidders should be aware that the Official Terms of Offering to be
published in the Official Statement for the Bonds may contain
additional bidding terms and information relative to the Bonds.
In the event of a variance between statements in this Notice of
Sale and said Official Terms of Offering, the provisions of the
latter shall control.
Dated: August 20, 1991. BY ORDER OF THE CITY COUNCIL
/s/ John Frane. Finance Director/Clerk
q�.
*Estimated, subject to change.
I1
r/.
OFFICIAL TERMS OF OFFERING
$3,130,000'
CITY OF EDEN PRAIRIE,MINNESOTA
GENERAL OBLIGATION WATER AND SEWER REVENUE REFUNDING
BONDS,SERIES 1991F
Sealed bids for the Bonds will be received by the City Finance Director or his designee on
Tuesday, September 17, 1991, until 12:00 Noon, Central Time, at the offices of SPRINGSTED
Incorporated,85 East Seventh Place, Suite 100,Saint Paul, Minnesota, after which time they
will be opened and tabulated. Consideration for award of the Bonds will be by the City Council
at 7:30 P.M.,Central Time,of the same day.
DETAILS OF THE BONDS
The Bonds will be dated October 1, 1991, as the date of original issue, and will bear interest
payable on February 1 and August 1 of each year,commencing February 1,1992. Interest will
be computed on the basis of a 360-day year of twelve 30-day months and will be rounded
pursuant to rules of the MSRB. The Bonds will be issued in the denomination of$5,000 each,
or in integral multiples thereof, as requested by the purchaser, and fully registered as to
principal and interest. Principal will be payable at the main corporate office of the registrar and
interest on each Bond will be payable by check or draft of the registrar mailed to the registered
holder thereof at the holder's address as it appears on the books of the registrar as of the
close of business on the 15th day of the immediately preceding month.
The Bonds will mature February 1 in the years and amounts as follows:
1992 $200,000 1996 $240,000 2000 $295,000
1993 $205,000 1997 $260,000 2001 $310,000
1994 $225,000 1998 $280,000 2002 $300,000
1995 $220,000 1999 $275,000 2003 $320,000
The City reserves the right, after bids are opened and prior to award,to increase or reduce the
principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total
amount not ro exceed$100,000 and will be made in multiples of$5,000 in any of the maturities. In the
event the principal amount of the Bonds is increased or reduced, any premium offered or any
discount taken by the successful bidder will be increased or reduced by a percentage equal to the
percentage by which the principal amount of the Bonds is increased or reduced.
OPTIONAL REDEMPTION
The City may elect on February 1,1999,and on any day thereafter,to prepay Bonds due on or
after February 1,2000. Redemption may be in whole or in part and if in part, at the option of
the City and in such manner as the City shall determine and within a maturity by lot as selected
by the registrar. All prepayments shall be at a price of par and accrued interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge net
revenues of the City's Water and Sewer Utility. The proceeds will be used to refund all
outstanding maturities of the City's General Obligation Water and Sewer Revenue Bonds of
1980,dated May 1,1980.
TYPE OF BID
{ Bids shall be for not less than$3,098,700 and accrued interest on the total principal amount of
the Bonds. Bids shall be accompanied by a Good Faith Deposit('Deposit")in the form of a
certified or cashier's check or a Financial Surety Bond in the amount of$31,300,payable to the
order of the City. If a check is used,it must accompany each bid. If a Financial Surety Bond is
used, it must be from an insurance company licensed to issue such a bond in the State of
Minnesota, and preapproved by the City. Such bond must be submitted to Springsted
Incorporated prior to the opening of the bids. The Financial Surety Bond must identify each
bidder whose Deposit is guaranteed by such Financial Surety Bond. B the Bonds are awarded
to a bidder using a Financial Surety Bond,then that purchaser is required to submit Its Deposit
to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as
instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next
business day following the award. B such Deposit is not received by that time,the Financial
Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit
the check of the purchaser,the amount of which will be deducted at settlement and no interest
will accrue to the purchaser. In the event the purchaser falls to comply with the accepted bid,
said amount will be retained by the City. No bid can be withdrawn after the time set for
receiving bids unless the meeting of the City scheduled for award of the Bonds is adjourned,
recessed,or continued to another date without award of the Bonds having been made. Rates
shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds
of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity.
No conditional bid will be accepted.
AWARD
The Bonds will be awarded to the bidder offering the lowest interest rate to be determined on a
true interest cost (TIC) basis. The City's computation of the Interest rate of each bid, in
accordance with customary practice,will be controlling.
The City will reserve the right to: (i)waive non-substantive informalities of any bid or of matters
relating to the receipt of bids and award of the Bonds, (ii)reject all bids without cause, and,
(iii)reject any bid which the City determines to have failed to comply with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
B the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the bidder,the purchase of any such insurance policy or the issuance
of any such commitment shall be at the sole option and expense of the purchaser of the
Bonds. Any increased costs of Issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser,except that,if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
:g.
-II-
CUSIP NUMBERS
it the Bonds quality for assignment of CUSIP numbers such numbers will be printed on the
Bonds,but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award,the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Dorsey &Whitney of
Minneapolis,Minnesota,which opinion will be printed on the Bonds,and of customary closing
papers,Including a no-litigation certificate. On the date of settlement payment for the Bonds
shall be made in federal,or equivalent,funds which shall be received at the offices of the City
or its designee not later than 12:00 Noon,Central Time. Except as compliance with the terms
of payment for the Bonds shall have been made impossible by action of the City,or its agents,
the purchaser shall be liable to the City for any loss suffered by the City by reason of the
purchaser's non-compliance with said terms for payment.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds.and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement and the Official Bid Form or for any additional Information
prior to sale, any prospective purchaser is referred to the Financial Advisor to the City,
Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101,
telephone(612)223-3000.
The Official Statement,when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law,shall constitute a'Final Official Statement"of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting an Official Bid Form therefor,the City agrees
that, no more than seven business days after the date of such award,it shall provide without
cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 125
copies of the Official Statement and the addendum or addenda described above. The City
designates the senior managing underwriter of the syndicate to which the Bonds are awarded
as its agent for purposes of distributing copies of the Final Official Statement to each
Participating Underwriter. Any underwriter executing and delivering an Official Bid Form with
respect to the Bonds agrees thereby that if its bid is accepted by the City(i)it shall accept such
designation and (ii)it shall enter into a contractual relationship with all Participating
Underwriters of the Bonds for purposes of assuring the receipt by each such Participating
Underwriter of the Final Official Statement.
Dated August 20,1991 BY ORDER OF THE CITY COUNCIL
/s/John Frane
Finance Director/Clerk
iii- �j�L
NOTICE OF SALE
City of Eden Prairie Minnesota
$3,130,000* General Obligation Water and Sewer
Revenue Refunding Bonds, Series 1991F
These Bonds will be offered for sale on sealed bids on
Tuesday, September 17, 1991. Bids will be accepted until 12:00
noon by the Finance Director/Clerk or his designee at the offices
of Springsted Incorporated, 85 East Seventh Place, Suite 100, St.
Paul, Minnesota 55101-2143, at which time the bids will be opened
and tabulated for presentation to the City Council for action
thereon at a meeting to be held at the City Hall at 7:30 p.m. on
the same day. No bid submitted can be withdrawn before the
Council meeting. The Bonds will be issuable in fully registered
form in denominations of $5,000 or any integral multiple thereof,
will be dated, as originally issued, as of October 1, 1991, will
bear interest payable semiannually on each February 1 and August 1
to maturity, commencing February 1, 1992, and will mature on
February 1 in the following years and amounts:
Year Amount Yeat Amount
1992 $200,000 1998 $280,000
1993 205,000 1999 275,000
1994 225,000 2000 295,000
1995 220,000 2001 310,000
1996 240,000 2002 300,000
1997 260,000 2003 320,000
The City reserves the right to increase or decrease the principal
amount of the Bonds in an amount not to exceed $100,000 on the day
of sale. If the principal amount of the Bonds is adjusted, the
purchase price will be adjusted proportionately.
Bidders must specify a price of not less than $3,098,700 plus
accrued interest. A legal opinion on the Bonds will be furnished
by Dorsey & Whitney, of Minneapolis, Minnesota.
Bidders should be aware that the Official Terms of Offering to be
published in the Official Statement for the Bonds may contain
additional bidding terms and information relative to the Bonds.
In the event of a variance between statements in this Notice of
Sale and said Official Terms of Offering, the provisions of the
latter shall control.
Dated: August 20, 1991. BY ORDER OF THE CITY COUNCIL
/s! John Frane. Finance Director/Clerk
*Estimated, subject to change.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-190
RESOLUTION ORDERING PREPARATION OF
PLANS AND SPECIFICATIONS
WHEREAS,a resolution of the City Council adopted the 6th day of August, 1991, fixed the
20th day of August, 1991, as the date for public hearing on the following proposed
improvements:
I.C.52-067(Rowland Road/Old Shady Oak Road Street and Utility Improvements)
WHEREAS,all property owners whose property is liable to be assessed for the making of this
improvement were given ten days published notice of the Council hearing through two weeldy
publications of the required notice and the hearing was held and property owners heard on the
20th day of August, 1991.
NOW,THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. Such improvement as above indicated is hereby ordered.
2. The City Engineer is hereby designated as the Engineer for this project and is
hereby directed to prepare plans and specifications for the making of such
Improvement with the assistance of RCM.
ADOPTED by the Eden Prairie City Council on August 20, 1991.
Douglas B. Tenpas,Mayor
ATTEST: SEAL .
John D. Frane, Clerk
l'1J
Bluffs E. 10th Addition
{ CITY OF EDEN PRAIRIE
•
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 91-188
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF BLUFFS E. 10TII ADDITION
FOR HUSTAD DEVELOPMENT
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Bluffs E. 10th Addition for Hustad Development dated , 1991,
consisting of 12.3 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 20th day of August, 1991.
•
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
i qi
(
STAFF REPORT
TO: Planning Commission
FROM: Donald R. Uram,Planner
THROUGH: Mike Franzen, Senior Planner
DATE: July 19, 1991
SUBJECT: Bluffs East 10th Addition
LOCATION: Southwest of Bluff Road between White Tail Crossing and Wild Duck
Pass
APPLICANT/
FEE OWNER: Hustad Development Corporation
REQUEST: I. Planned Unit Development District Review within the overall Bluff
Country PUD on 12.3 acres.
2. Zoning District Change from R1-22 to RI-13.5 on 12.3 acres.
3. Preliminary Plat of 12.3 acres into 19 single family lots,6 outlots
and road right-of-way.
ti • ti7-y o , .:�
BACKGROUNDc a �— d
' -�1 0.
/1 I RM 6.5 I \\.,I'. I ( �t „ '-
This site is guided Low Density Residential R1;13,5, 1 _
and zoned R1-22. Surrounding land uses 1 _. _ R!
are also guided Low Density Residential. l R1:13.5 1'
This site was designated for 15 single family ! .5 . -: .Y. '•"C FC
lots in the approved Bluff Country PUD. '-'•'- �'R1�13..:• - ..
:'�'`� PROPOSED SI}TI
The proponent is requesting a Zoning \ / �_., ~ �. S i
District change from RI-22 to RI-13.5 to , • �' F .4,4 4 . Gt _
allow for the development of 19 single ' .~� ''oi'���t���o
family lots. '. � "'� �•o •�i�� •
t-13„5 ..,`l% . ..-:,,r�.,��� RM-6.5'
SITE PLAN/PRELIMINARY PLAT � �e���'a.
The preliminary proposal -f'
P ary plat is for 19 li \1, k -__,. I
single family lots. A total of 17 lots will be '
I.
AREA LOCATION MAP
platted as part of Phase IV of the Bluff Country PUD,while 2 of the lots are existing lots within
the Creek Knolls Addition. Based on a site size of 12.3 acres and 19 single family lots, the
project will be developed at a density of 1.5 units per acre. The approved density for the 186
acre PUD is 2.1 units/acre. Lot sizes in the subdivision range from a maximum of 59,346
square feet which is the location of an existing home to a minimum of 15,855 square feet. The
average lot size is 19,970 square feet.
All the platted lots except for Lot 1, Block 3 meet the minimum requirements of the RI-13.5
Zoning District. Lot I, Block 3 does not meet the requirement for 55 feet of frontage on a
public street (37.6 feet is proposed), and the side yard setback requirement to the house and
tennis court of 10 feet. The waiver for a frontage less than 55 feet is caused by the reduction
in cul-de-sac right-of-way radius from 60 to 50 feet which is the current City standard. Both the
house and tennis court have 5 foot setbacks. A waiver through the PUD is required.
GRADING
Elevations on the site range from a high point of 846 next to White Tail Crossing to a low point
of 810 to the rear of Lot 1, Block I. The entire site will be graded to allow for street and
building pad construction. The Engineering Department is recommending that the grading plan
be revised to bring drainage out to Bluff Road sooner than concentrating the flow to the swale
between Lots 6 and 7,Block 3. Also, that a pond designed to accommodate a 100 Year Storm
be constructed rather than the overland swale within Block 2.
There is also an error in the grading plan at the existing 836 contour within Outlot A. The
grading plan shall be revised to correct this error.
There are a total of 56 caliper inches of significant trees on the site that will be removed as part
of the grading proposal. The proposed landscape plan depicts 34 deciduous trees and 4
coniferous trees for a total of 115 caliper inches. The 59 caliper inch overage shall be credited
to other sites within the Bluff Country PUD for tree replacement.
UTILITIES
Water and sanitary sewer service is available through connections made to existing utilities in
Bluffs Road. Water and sanitary sewer will be extended into each cul-de-sac to service the
proposed homes.
A catch basin system is proposed with White Tail Crossing and Trotters Path with ultimate
discharge into a storm sewer within Bluff Road.
ROAD RIGHT-OF-WAY
Right-of-way for Bluff Road, White Tail Crossing,Trotters Path and Wild Duck Pass must be
vacated. This is a public hearing before the City Council.
2
C
STAFF RECOMMENDATIONS
Planning Staff recommends approval of the Planned Unit Development District Review within
the overall Bluff Country PUD on 12.3 acres,Zoning District Change from R1-22 to R1-13.5
on 12.3 acres,and Preliminary Plat of 12.3 acres into 19 single family lots, 6 outlots and road
right-of-way based on plans dated July 11, 1991.subject to the recommendations in the Staff
Report dated July 19, 1991, subject to the following recommendations:
1. Prior to final plat approval,proponent shall:
A. Revise the plat to reflect the elimination of Outlots B,C,E and F to be included
within the City right-of-way.
B. Revise the grading plan to correct the error at the existing 836 contour within
Outlot A.
C. Provide detailed storm water nm-off,erosion control and utility plans for review
by the City Engineer.
D. Provide detailed storm water run-off and erosion control plans for review by the
Watershed District.
E. Submit details for the proposed retaining wall next to the existing tennis court.
2. Prior to building permit issuance, proponent shall pay the appropriate Cash Park Fee.
3. The proponent shall petition the City to vacate unused portions of street right-of-way.
BLFSE1O.DRU:bs
3
Hamilton Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 91-187
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF HAMILTON ADDITION
FOR BERNARD Y. HAMILTON
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Hamilton Addition for Bernard Y. Hamilton dated, 1991,consisting
of 0.98 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 20th day of August, 1991.
Douglas B. Tenpas, Mayor •
ATTEST:
John D. Frane, City Clerk
�74 j.
1
STAFF REPORT
TO: Planning Commission
FROM: Donald R. Uram, Planner
DATE: July 19, 1991
SUBJECT: Bernard Hamilton Addition
LOCATION: 14380 Starring Lake Parkway
APPLICANT/
FEE OWNER: Bernard Hamilton
REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 0.98 acres
2. Preliminary Plat on 0.98 acres into two single family lots and road
right-of-way.
BACKGROUND 7"7/
The Comprehensive Guide Plan depicts this o,,.(° l CO \\•_
site as Low Density Residential. - I s:,a,--•.,-1,k 1
Surrounding land uses to the north and east - \aeTr.�stt?
are also guided for Low Density Residential T. .p\� ' r,;.,; "-' 1 't-
while the land to the west is guided for ! -\ ,.� ,• ,1,-
j ‘
Medium Density Residential and is the l�( ~' ", ' ' '• ''. :,;-:
location of the Boulder Pointe Townhomes. '''•-- ''
1: O. ., -
The proponent is requesting a zoning district „ l•• -..:. It'` k
change from Rural to R1-13.5 to allow for • R9'—io.5
the subdivision of this property into two -�- � -_ ,
single family lots. ✓�% 4 .���°..I e't'I-.
PRELIMINARY PLAT �` > FP it
N MOI���.M:
The preliminary plat depicts the subdivision ' .�411•i3.5 ,`i'-Z; •
of the property into two single family lots RM-6.5 PROPOSED SITE +
containing 17,175 square feet and 22,667 �- i /) .
square feet. The lots meet the minimum '�r j---
requirements of the Rl-13.5Zoning District. 11° *- ,.. /f�'` (fTL; I
` •
1
121 13// • I
;, r AREA LOCATION MAP:
l
Staff Report
Hamilton Addition
July 19, 1991
As part of the subdivision,right-of-way dedication for Twin Lakes Crossing will occur.
This site is relatively level and the proposed home on Lot 1 will require minimum grading.
Because of the orientation of the lot, Staff-recommends that access be taken from Twin Lakes
Crossing.
Water and sanitary sewer service is available in Starring Lake Parkway. The existing home on
Lot 2 is currently connected to city water and will be required to connect to sanitary sewer with
this project.
STAFF RECOMMENDATIONS
Planning Staff recommends approval of Zoning District Change from Rural to RI-I3.5 on 0.98
acres,and the Preliminary Nat of 0.98 acres into two single family lots and road right-of-way
based on plans dated July 16, 1991, subject to the recommendations in the Staff Report dated
July 19, 1991,and subject to the following conditions:
1. Concurrent with final plat, proponent shall dedicate road right-of-way for Twin Lakes
Crossing.
2. Prior to building permit issuance,proponent shall pay the appropriate Cash Park Fee.
3. The existing house on Lot 2 shall connect to city sanitary sewer.
HMLTON.DRU:bs
3I
2
1 6
AUGUST 20,1991
17232 HOPKINS BOWL SPORTS & SPECIAL CAMPS/FEES PAID 140.00
17233 FIRST BANK-EDEN PRAIRIE PAYROLL 7/26/91 76333.71
17234 MN DEPT OF REVENUE PAYROLL 7/26/91 14519.09
1 5 LUNDS EXPENSES-JULY 4TH CELEBRATION 21.99
1._.,6 MN DEPT OF REVENUE JULY 91 FUEL TAX 362.50
17237 DANA GIBBS SERVICE-PACKET DELIVERY 216.00
17238 CALIBRE PRESS INC CONFERENCE-POLICE DEPT 149.00
17239 MINNESOTA CLE CONFERENCE-POLICE DEPT 185.00
17240 SUPPLEES 7 HI ENTERPRISES INC AUGUST 91 RENT-LIQUOR STORE 5030.83
17241 EILEEN BENZ REFUND-SWIMMING LESSONS 19.00
17242 ELAINE BERGSTROM REFUND-GOLF LESSONS 34_00
17243 LINDA BORLAUG REFUND-SWIMMING LESSONS 11.00
17244 CINDY DEAL REFUND-SKATING LESSONS 22.00
17245 CAROLE DAVIDSON REFUND-SWIMMING LESSONS 19.00
17246 GERRI FISCHER REFUND-GOLF LESSONS 34.00
17247 NANCY FRANSKE REFUND-SUMMER ACTIVITY CAMP 45.00
17248 JOAN GOSEN REFUND-KARATE CLASS 48.00
17249 BRIAN GROVEN REFUND-SAILING LESSONS 8.00
17250 SHARON HANSON REFUND-SWIMMING LESSONS 22.00
17251 MARY HELLEKSON REFUND-TENNIS LESSONS 15.00
17252 MICHAEL HUTSON REFUND-CANOE TRIP 194.00
17253 MARY ANN JOHNSON REFUND-SWIMMING LESSONS 19.00
17254 CHARLENE KELZER REFUND-SWIMMING LESSONS 19.00
17255 BRENDA KOPP REFUND-SWIMMING LESSONS 19.00
17256 JOYCE LINDNER REFUND-SWIMMING LESSONS 38.50
17257 ELAINE MATTSON REFUND-DEFENSIVE DRIVING CLASS 8.00
17258 ROSE PRIEVE REFUND-GOLF LESSONS 34.00
17259 JOYCE REICHOW REFUND-SWIMMING LESSONS 38.00
1'-q0 PATTY RUTH REFUND-DAY CAMP 45.00
1 1 JEREMY WOOD SERVICE-TEEN WORK PROGRAM 21.66
17'L62 PETTY CASH EXPENSES-CITY HALL 76.29
17263 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 6.66
17264 ROSS SUTTER -ENTERTAINMENT-STARING LAKE CONCERT 400.00
SERIES-HISTORICAL & CULTURAL COMMISSION
17265 RED WOLFE -ENTERTAINMENT-STARING LAKE CONCERT 66.00
SERIES-HISTORICAL & CULTURAL COMMISSION
17266 FILM FUNDS TRUST FUNDS -ENTERTAINMENT-STARING LAKE CONCERT 294.00
SERIES-HISTORICAL & CULTURAL COMMISSION
17267 HOPKINS BOWL TEEN WORK PROGRAM/FEES PAID 22.00
17268 CHASKA COMMUNITY CENTER TEEN WORK PROGRAM/FEES PAID 23.00
17269 THE MINNESOTA ORCHESTRAL ASSN ADULT PROGRAMS/FEES PAID 320.00
17270 AM FOUNDATION FOR FIREFIGHTERS CONFERENCE-FIRE DEPT 300.00
17271 ANCHOR PAPER COMPANY COLORED COPY PAPER-CITY HALL 479.24
17272 DELEGARD TOOL CO -AIR CONTROL UNIT/RESPIRATOR/VALVE REPAIR- 94.04
EQUIPMENT MAINTENANCE
17273 FEIST BLANCHARD CO -OIL SEALS/BEARINGS/WHEEL NUTS & BOLTS/ 526.42
-BRAKE PADS/BELTS/STROBE LAMPS-EQUIPMENT
MAINTENANCE
17274 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION 42. 1
17275 MEDICA CHOICE AUGUST 91 HEALTH INSURANCE PREMIUM 41065.90
17276 MEDCENTERS HEALTH PLAN AUGUST 91 HEALTH INSURANCE PREMIUM 17668.70
17277 FEDERAL RESERVE BANK SAVINGS BOND-PAYROLL 7/26/91 200.00
17278 GREAT WEST LIFE ASSURANCE CO PAYROLL 7/26/91 6584.00
17279 HENNEPIN CTY SUPPORT CHILD SUPPORT DEDUCTION 194.76
0 ICMA RETIREMENT TRUST-457 PAYROLL 7/26/91 2148.72
16820122
/7
r,
AUGUST 20,1991
17281 INTERNAL REVENUE SERVICE PAYROLL 7/26/91 32.00
17282 INTL UNION OF OPERATING ENGRS JULY 91 UNION DUES 1129,nn
17283 MN STATE RETIREMENT SYSTEM PAYROLL 7/26/91 550
17284 MN TEAMSTERS CREDIT UNION PAYROLL 7/26/91 25.t,v
17285 EXECUTIVE DIRECTOR-PERA PAYROLL 7/26/91 12.50
17286 EXECUTIVE DIRECTOR-PERA PAYROLL 7/26/91 33648.17
17287 UNITED WAY PAYROLL 7/26/91 218.25
17288 MARVIN & EUNICE BENHARDUS REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 56.00
17289 JUDY BEST REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 28.00
17290 NADINE BORDWELL REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 28.00
17291 MARVILLA BRUHN REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 28.00
17292 M.ARLENE DVORAK REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 28.00
17293 DEBORAH ESSINK REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 28.00
17294 VERNETTE FOX REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 28.00
17295 SONIA KAYE REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 28.00
17296 BETTY& LEWIS KINNE REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 56.00
17297 CARMELA LAUSENG REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 28.00
17298 BOB & KAY MARSHALL REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 56.00
17299 BILL NEIDIG REFUND-SAILING LESSONS 8.00
17300 CAROLE PAULSEN REFUND-NORTHFIELD TRIP-ADULT PROGRAMS 28.00
17301 MENARDS -TOOL BOXES-ROUND LAKE BEACH/RILEY LAKE 68.64
BEACH
17302 DONNA STANLEY MILEAGE-SENIOR CENTER 23.70
17303 SW SUBURBAN PUBLISHING ADVERTISING-LIQUOR STORES 89.30
17304 ACTION RENTAL CENTERS TENT RENTAL/HELIUM TANK RENTAL-POLICE DEFT 185.46
17305 GENUINE PARTS COMPANY -TAR REMOVER/SPARK PLUGS/PAINT/JACKS/SPRAY 4336.56
-GUN/BEARINGS/FLOOR MATS/U-JOINTS/SWITCHES/
-PILOT LIGHTS/FITTINGS/CLAMPS/FILTERS/
-BATTERY/TAIL PIPES/MUFFLERS/CALIPERS/
-BRAKE CABLE/DEGREASER-EQUIPMENT MAINT/
WATER DEFT
17306 ALL AMERICAN BOTTLING CORP MIX 358.08
17307 BEER WHOLESALERS INC BEER 5862.45
17308 DAY DISTRIBUTING CO BEER 11816.03
17309 EAST SIDE BEVERAGE CO BEER 40419.70
17310 HOME JUICE PRODUCTS MIX 52.68
17311 KIRSCH DISTRIBUTING CO BEER 131.40
17312 MARK VII DISTRIBUTING COMPANY BEER 16793.41
t7313 MIDWEST COCA COLA BOTTLING CO MIX 703.69
17314 PEPSI COLA COMPANY MIX 319.86
1'7315 THORPE DISTRIBUTING COMPANY BEER 39990.65
17316 U S WEST COMMUNICATIONS SERVICE 4360.49
17317 AT&T SERVICE 232.04
17318 THE BUSINESS WOMENS TRAINING INST CONFERENCE-FINANCE DEPT 79.00
1'7319 EDEN PRAIRIE LIONS CLUB -CORNFEED VOLLEYBALL REGISTRATIONS/FEES 275.00
PAID
17320 AT&T CONSUMER PRODUCTS DIV SERVICE 114.25
17321 AT&T SERVICE 451.90
173:2 NORTHERN STATES POWER CO SERVICE 3559.69
17,23 NORTHERN ::TATES POWER COMPANY SERVICE 119755.30
17324 11 S WEST CELLULAR INC SERVICE 125.50
17325 BELLBOY CORPORATION WINE 41.00
17326 EAGLE WINE CO WINE 504 90
173..17 GRIGGS COOPER & CO INC LIQUOR 970C
17328 JOHNSON BROTHERS LIQUOR CO LIQUOR 12156.v9
21805060
AUGUST 20,1991
17329 PAUSTIS & SONS CO WINE 264.70
17330 ED PHILLIPS & SONS CO WINE 8795.19
19'331 PRIOR WINE CO WINE 1951.98
32 QUALITY WINE & SPIRITS CO LIQUOR 9882.90
1,033 LINDA BORLAUG REFUND-SWIMMING LESSONS 3.00
17334 KATHRYN BUNDT REFUND-RACQUETBALL LESSONS 32.00
17335 JANICE JOPKE REFUND-RACQUETBALL LESSONS 16.00
17336 SONIA KAVE REFUND-TOUR OF TWO CITIES-ADULT PROGRAMS 22.00
17337 JONNIE MOSTROM REFUND-ACTIVITY CAMP 7.00
17338 TERRY SHARRATT REFUND-TENNIS LESSONS 18.00
17339 KAREN SHEVELAND REFUND-ACTIVITY CAMP 14.00
17340 J L SHIELY COMPANY GRAVEL-STREET MAINTENANCE/PARK MAINTENANCE 642.29
17341 UNITED WAYS FIRST CALL FOR HELP BOOK-POLICE DEPT 16.00
17342 !CARROUSEL MOTORSPORTS DEPOSIT-POLICE CAR SEATS 654.00
17343 CITY OF ROSEVILLE -TRANSFER OF MUNICIPAL LEGISLATIVE 50437.35
-COMMISSIONS CASH BALANCE TO CITY OF
ROSEVILLE
17344 HENNEPIN COUNTY TREASURER 1ST HALF 1991 PROPERTY TAX-RILEY LAKE PARK 828.73
17345 M I A M A FALL CONFERENCE 1991 CONFERENCE-COMMUNITY CENTER 520.00
17346 OFFICE PRODUCTS OF MN SCHOOL-UTILITIES DIVISION 300.00
17347 INHERENT LTD CONFERENCE-ADAPTIVE RECREATION PROGRAM 99.00
17348 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 192.00
17349 STEVE COBB -DEPOSIT-SERVICE-HOT AIR BALLOON & BASKET- 250.00
SPECIAL TRIPS & EVENTS PROGRAM
17350 TRAVEL PROFESSIONALS CONFERENCE-FIRE DEPT 278.00
17351 MCDONALDS ACTIVITY CAMP PROGRAM/FEES PAID 60.00
17352 CONCOURSE COMPUTER-FINANCE DEPT 500.00
17353 MN ASSN OF ASSESSING OFFICERS CONFERENCE-ASSESSING DEPT 107.00
• '54 UNIVERSITY OF MINNESOTA CONFERENCE-ASSESSING DEPT 210.00
35 VOLUNTEER FIREMENS BENEFIT ASSN DISABILITY INSURANCE DUES-FIRE DEPT 228.00
17356 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION 13.50
17357 RICK PERKINS REFUND-SOFTBALL ELIGIBILITY FEE 175.00
17358 HOLIDAY INN - DULUTH CONFERENCE-HUMAN RESOURCES DEPT 187.04
17359 MPELRA CONFERENCE-HUMAN RESOURCES DEPT 95.00
17360 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION & EXCISE TAX 1283.84
17361 SONIA ANDERSON SERVICE-TEEN WORK PROGRAM 32.50
17362 KEN ANDRS SERVICE-TEEN WORK PROGRAM 9.67
17363 RACHEL DENNIS SERVICE-TEEN WORK PROGRAM 39.68
17364 ELIZABETH DIEM SERVICE-TEEN WORK PROGRAM 16.83
17365 BRIANA ELFSTROM SERVICE-TEEN WORK PROGRAM 80.08
17366 KIERA ELFSTROM SERVICE-TEEN WORK PROGRAM 108.87
17367 JENNIFER FLIGGE SERVICE-TEEN WORK PROGRAM 20.75
17368 JEFF GOWAN SERVICE-TEEN WORK PROGRAM 30.00
17369 CAITLIN HALMPAST SERVICE-TEEN WORK PROGRAM 26.25
17370 RANDY HANSON SERVICE-TEEN WORK PROGRAM 30.42
17371 LISA HENRY SERVICE-TEEN WORK PROGRAM 22.00
17372 RUSS HILK SERVICE-TEEN WORK PROGRAM 52.67
17373 MIKE JUBERT SERVICE-TEEN WORK PROGRAM 32.68
17374 MIKE KARPINKO SERVICE-TEEN WORK PROGRAM 34.42
17375 ANDY KELLbY SERVICE-TEEN WORK PROGRAM 49.25
17376 JEFF KOCH SERVICE-TEEN WORK PROGRAM 36.1.7
17377 NATE KOWALIK SERVICE-TEEN WORK PROGRAM 35.08
17378 JASON LANDRY SERVICE-TEEN WORK PROGRAM 40.25
17379 PAUL LAND SERVICE-TEEN WORK PROGRAM 31.25
30 GUY LAVENDER SERVICE-TEEN WORK PROGRAM 2.25
7882159
• I
AUGUST 20,1991
17381 RANDY LILLQUIST SERVICE-TEEN WORK PROGRAM 19.75
17382 DAVID MADSON SERVICE-TEEN WORK PROGRAM 44.65
17383 DANA MAIDEN SERVICE-TEEN WORK PROGRAM 33.'-
17384 TINA MARCY SERVICE-TEEN WORK PROGRAM 48;,
17385 BEN MCCOY SERVICE-TEEN WORK PROGRAM 27.50
17386 CHARISSA MOBLEY SERVICE-TEEN WORK PROGRAM 51.92
17387 CHRIS MUELLER SERVICE-TEEN WORK PROGRAM 52.50
17388 JENNY RANKIN SERVICE-TEEN WORK PROGRAM 51.75
17389 PETER ROEBER SERVICE-TEEN WORK PROGRAM 84.40
17390 PAUL ROGERS SERVICE-TEEN WORK PROGRAM 87.40
17391 BRAD SUNDSTROM SERVICE-TEEN WORK PROGRAM 35.50
17392 ROB SEVERSON SERVICE-TEEN WORK PROGRAM 24.92
17393 JEFF STROM SERVICE-TEEN WORK PROGRAM 45.00
17394 TODD VAN GUILDER SERVICE-TEEN WORK PROGRAM 30.50
17395 SHANNON WALKER SERVICE-TEEN WORK PROGRAM 43.34
17396 JEREMY WOOD SERVICE-TEEN WORK PROGRAM 20.50
17397 ALLIED BLACKTOP CO 1991 BITUMINOUS SEAL COATING 153543.07
17398 BROWN & CRIS INC -SERVICE-FALCONS WAY & COMMUNITY CENTER 103424.17
-STREET & UTILITY CONST/EDEN HILLS
IMPROVEMENTS
17399 CENTRAL SANDBLASTING CO INC SERVICE-FIRE HYDRANT PAINTING 19585.09
17400 IMPERIAL DEVELOPERS INC -SERVICE-VALLEY VIEW RD-BITTERSWEET TO 93859.15
HOWARD LANE
17401 RICHARD KNUTSON INC -SERVICE-STARING LANE & SUNRISE CIRCLE 40526.05
STREET & UTILITY IMPROVEMENTS
17402 LANDWEHR HEAVY MOVING -SERVICE-SUMMIT/MEADOWVALE & RED OAK 22859.17
DRIVES NEIGHBORHOOD
17403 NODLAND CONSTRUCTION CO -SERVICE-MITCHELL RD & SANDY POINTE 26755.50
ADDITION IMPROVEMENTS
17404 QUALITY SEAL INC SERVICE-RECREATIONAL TRAIL SEALCOATING 6395.
17405 AABACA INC -DIGITAL PIANO DUST COVER-REIMBURSED BY 24.95
E P FOUNDATION GRANT
17406 AIRSIGNAL INC -PAGER SERVICE-POLICE DEFT/FIRE DEPT/ 538.00
COMMUNITY CENTER
17407 AMERICAN LINEN SUPPLY CO -UNIFORMS-BUILDING INSPECTIONS DEPT/STREET 1523.35
-MAINT/FACILITIES DEPT/PARK MAINT/WATER
-DEPT/EQUIPMENT MAINT/COMMUNITY CENTER/
MATS-LIQUOR STORE
17408 EARL F ANDERSEN & ASSOC INC SIGNS-PARK MAINTENANCE/STREET DEPT 452.04
17409 KEN ANDERSEN TRUCKING WASTE DISPOSAL-ANIMAL CONTROL DEPT 25.00
17410 ANDRUS AGENCY INC SERVICE-WAL-MART PROJECT ACQUISITION STUDY 517.50
17411 AQUA ENGINEERING INC PRESSURE GAUGE/TRENCHING SHOVEL-PARK MAINT 40.90
17412 ARTISANS T-SHIRTS-YOUTH TENNIS PROGRAM 547.36
17413 ASSOCIATED WELL DRILLERS INC -IRRIGATION WELL PIPE FITTINGS FOR FRANLO 978.24
& ROUND LAKE PARKS
17414 AUTO CENTRAL SUPPLY -PRIMER/CONVERTER/ACTIVATORS-EQUIPMENT 199.65
MAINTENANCE
t7415 B & S TOOLS BAND SAW/TABLE-UTILITIES DIVISION 680.40
17416 BACNMANS EXPENSES-CITY HALL 84.00
17417 BATTERY& TIRE WAREHOUSE INC -BATTERIES/HOSE & MUFFLER CLIPS/LAMPS/ 614.26
WINDSHIELD SOLVENT-EQUIPMENT MAINTENANCE
1741.3 BAUER BUILT TIRE & SVC TIRE REPAIR-EQUIPMENT MAINTENANCE 161.00
17419 BERGIN AUTO BODY INC DOOR REPAIR-EQUIPMENT MAINTENANCE 275.30
17420 BETH REUTELL EXPENSES-HISTORICAL & CULTURAL C0PFIISSION 24,"4
17421 DAVID BLWK MILEAGE-COMMUNITY CENTER 11p'
47428389
/11L
AUGUST 20.1991
17422 BLACKS PHOTOGRAPHY -FILM/FILM PROCESSING-BUILDING INSPECTIONS 316.85
-DEPT/POLICE DEPT/FIRE DEPT/FORESTRY DEPT/
PLANNING DEPT
if 1 BLOOMINGTON LOCK & SAFE CO PADLOCKS-WATER DEPT 44.07
BLUMBERG COMMUNICATIONS INC LENSES RENTAL-POLICE DEPT 75.00
17425 BOYD OIL DISTRIBUTING ANTI-FREEZE-EQUIPMENT MAINTENANCE 193.25
17426 BRYAN ROCK PRODUCTS INC GRAVEL-PARK MAINTENANCE 505.97
17427 BUSINESS MACHINES SALES & SERVICE TYPEWRITER REPAIR-SENIOR CENTER 54.00
17428 WES BYRON SOFTBALL OFFICIAL/FEES PAID 244.00
17429 CAPITOL COMMUNICATIONS RADIO REPAIR-POLICE DEPT 600.00
17430 CAPITOL SALES COMPANY INC TV/VCR COMBINATION-FIRE DEPT 459.90
17431 CLUTCH & TRANSMISSION SER INC VALVE-EQUIPMENT MAINTENANCE 17.53
17432 COMMISH SUBSCRIPTION-FIRE DEPT 60.90
17433 CONSTRUCTION MATERIALS INC EROSION CONTROL MAT-PARK MAINTENANCE 346.16 ,
17434 CONTINENTAL SAFETY EQUIP INC HEADGEAR/EAR PLUGS/DISPENSER-SAFETY DEPT 83.05
17435 COPY EQUIPMENT INC -OFFICE SUPPLIES-STREET DEPT/FORESTRY DEPT/. 101.28
PARK PLANNING DEPT
17436 WALTER W CRIBBINS CO BALLOONS-POLICE DEPT 140.06
17437 CURTIS INDUSTRIES INC -DRILL BITS/SCREWS/WIRE BRUSH/CRIMPING 220.67
TOOL-EQUIPMENT MAINTENANCE
17438 CUSHMAN MOTOR CO INC CAP/GASKET-EQUIPMENT MAINTENANCE 2.80
17439 CUSTOM AUTOBODY FENDER REPAIR-EQUIPMENT MAINTENANCE 170.70
17440 CRAIG W DAWSON MILEAGE-ADMINISTRATION DEPT 27.00
17441 DAY-TIMERS INC OFFICE SUPPLIES-PARK PLANNING DEPT 21.93
17442 DECATHLON ATHLETIC CLUB EXPENSES-MUNICIPAL LEGISLATIVE COMMISSION 300.59
17443 HILLARY DE PANDE -EXPENSES/PERFORMING ARTS INSTRUCTOR/FEES 1213.07
PAID
17444 EUGENE DIETZ JULY 91 EXPENSES-ENGINEERING DEPT 200.00
1'"'5 DIVERSIFIED CLEANING SERVICES CARPET CLEANING-LIQUOR STORE 50.00
1 3 DRISKILLS SUPER VALU EXPENSES-COMMUNITY CENTER 95.10
17447 DRISKILLSSS SUPER VALU EXPENSES-FIRE DEPT 82.08
17448 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT 98.54
17449 DRISKILLS SUPER VALU EXPENSES-COMMUNITY CENTER PROGRAMS 262.71
17450 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 124.70
17451 EDEN PRAIRIE CHAMBER OF COMMERCE EXPENSES-ADMINISTRATION 30.00
17452 EDEN PRAIRIE TIRE & AUTO SERVICE WHEEL ALIGNMENT/TIRES-EQUIPMENT MAINT 298.47
17453 ELECTRIC SYSTEMS OF ANOKA INC -INSTALLATION OF CIVIL DEFENSE SIREN- 12825.00
POLICE DEPT
17454 ELVIN SAFETY SUPPLY INC EAR PLUGS-SAFETY DEPT/PARK MAINTENANCE 88.80
17455 EMC CLEANING INC KITCHEN HOOD VENT CLEANED-FIRE STATION 225.00
17456 CHRIS ENGER MILEAGE/EXPENSES-PLANNING DEPT 472.11
17457 ESS BROTHERS & SONS INC MAHOLE ADJUSTMENT RINGS-SEWER DEPT 3000.00
17458 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL 24.59
17.459 FEED RITE CONTROLS INC CHEMICALS-POOL MAINTENANCE 127.00 •
17460 FIRST TRUST EXPENSES-FINANCE DEFT 66.50
17461 FINLEY BROS ENTERPRISES FENCE DROP FORKS/DOME TOPS-PARK MAINT 40.95
17462 FLOYD SECURITY -REPLACED SECURITY SYSTEM WIPE-CUMMINS 65.00
GRILL HOMESTEAD
17463 FOCUS ONE HOUR PHOTO FILM/FILM PROCESSING-ASSESSING DEPT 72.06
17464 FOUR STAR EAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 342.33
17465 LYNDELL FREY VOLLEYBALL OFFICIAL/FEES PAID 435.00
17466 FRONT LINE PLUS AIR BAG FITTINGS-FIRE DEFT 11.00
17467 G & K SERVICES -COVERALL:/TOWELS/MOP HEADS-PARK MAINT/ 586.03
LIQUOR STORE/WATER DEFT
l 3 G T LAWN SERVICE -JUNF; & JULY 91 LAWN MOWING SERVICE- 530.00
PLEASANT HILLS CEMETERY
2585130
11���
17469 LISA GANNON GOLF INSTRUCTOR/FEES PAID 315.00
17470 GENERAL SHEET METAL CORP REFUND-HEATING PERMIT 36.00
17471 GETTING TO KNOW YOU ADVERTISING-LIQUOR STORES 75.90
17472 JOSEPH GLEASON SOFTBALL OFFICIAL/FEES PAID 448 ^^
17473 GINA MARIAS INC EXPENSES-FIRE DEPT 109'
17474 CHARLES A GOBLE EMERGENCY TECHNICIAN BAG-FIRE DEPT 50.u0
17475 GOODWILL INDUSTRIES INC JULY 91 EXPENSES-SOLID WASTE MANAGEMENT 2012.50
17476 W W GRAINGER INC CASTERS-EQUIPMENT MAINTENANCE 99.72
17477 ALAN GRAY JUNE 91 EXPENSES-ENGINEERING DEPT 200.00
17478 DAN GRUHLKE MILEAGE-TEEN WORK PROGRAM 40.47
17479 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 60.00
17480 HARMON GLASS COMPANY VENT-WATER DEPT 34.34
17481 JIM HATCH SALES CO REFLECTIVE CONES-STREET MAINTENANCE 493.00
17482 HAUENSTEIN & BURMEISTER DOOR CLOSER-PARK MAINTENANCE 60.00
17483 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION 53.25
17484 HENNEPIN COUNTY TREASURER STATE DEED TAX/FILING FEE-PARK MAINTENANCE 17.15
17485 HENNEPIN TECHNICAL INSTITUTE SCHOOL-FIRE DEPT 34.45
17486 HONEYWELL PROTECTION SERVICES -3RD QUARTER 91 SECURITY SYSTEM 441.31
MAINTENANCE AGREEMENT-LIQUOR STORE
17487 INDEPENDENT SCHOOL DIST #272 -CUSTODIAL SERVICE-SENIOR CENTER/BUS 3434.70
-SERVICE-SPECIAL TRIPS & EVENTS PROGRAM/
-ROOM RENTAL-ART & MUSIC PROGRAM/BAND
SHIELD RENTAL-HISTORICAL & CULTURAL COMM
17488 INSTY-PRINTS BUSINESS CARDS-POLICE DEPT 164.85
17489 INTL PERSONNEL MGMT ASSN DUES-HUMAN RESOURCES DEPT 75.00
17490 GARY ISAACS -SOFTBALL/BASKETBALL OFFICIAL & OFFICIALS 969.00
COORDINATOR/FFEES PAID
17491 JAMCO MARKETING GROUP PRESENTATION CASE-POLICE DEPT 69.00
17492 JERRYS NEWMARKET EXPENSES-FIRE DEPT 152.14
17493 SCOTT JESTER SERVICE FOR DISASTER DRILL-FIRE DEPT 200 `
17194 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPT s
17495 JOHNSON CONTROLS -INSTALLATION OF AIR CONDITIONING 2405.00
COMPRESSOR-COMMUNITY CENTER
17496 E F JOHNSON CO -ACCESSORIES FOR RADIO DESK TOP CONTROL 277.55
STATION-FIRE DEPT
17497 JEFFREY JOHNSON SCHOOL-ENGINEERING DEPT 295.20
17498 KAEDING & ASSOCIATES INC SERVICE-STANDBY GENERATOR SET-SEWER DEPT 368.00
17499 DAN N KANTAR OIL FILTER WRENCH-EQUIPMENT MAINTENANCE 5.90
17500 LYNN KALFSBEEK CANOE TRIP INSTRUCTOR/FEES PAID 175.00
17501 KAMARA KOTSCHEVAR MILEAGE-COMMUNITY CENTER 12.00
17502 CYNTHIA JEPPESEN -INTERPRETATIVE SERVICE-ADAPTIVE 108.00
RECREATION PROGRAM/HEARING IMPAIRED PROGRAM
17503 LAB SAFETY SUPPLY SILICONE-SAFETY DEPT 66.75
17504 LAMETTRYS COLLISION REPAIR & PAINT VEHICLE-EQUIPMENT MAINT 568.40
17505 JOHN LANDERS -ADAPTIVE RECREATION PROGRAM INSTRUCTOR/ 14.24
FEES PAID
17506 CINDY LANENBERG MILEAGE-FIRE DEPT 59.75
17507 LANO EQUIPMENT INC WEAR BARS/BITS-EQUIPMENT MAINTENANCE 154.38
17508 L MCI T 2ND QTR 91 WORKERS COMPENSATION INSURANCE 55459.25
17509 THE LOFT T-SHIRTS-ORGANIZED ATHLETICS PROGRAM 2752.00
17510 LOGIS JULY 91 SERVICE 8996.63
17511 LONG LAKE FORD TRACTOR INC -STA.R'TER/V-BELT/FRICTION PADS-EQUIPMENT 11.03
MAINTENANCE
17512 LYMAN LUMBER CO TREATED TIMBERS/CEDAR SIDING-PARK PLAINT 136.57
8151486
AUGUST 20.1991
•
17513 MACQUEEN EQUIPMENT INC TURF SWEEP REFILL-EQUIPMENT MAINTENANCE 265.00
17514 MAGELSSEN -INSTALLED HUMIDITY SYSTEM FOR PIANO- 155.00
. SENIOR PROGRAMS
1'wi5 MAPCO SAND & GRAVEL CO LIMESTONE-DRAINAGE CONTROL DEFT 39.20
17516 MASTER CRAFT LABELS INC JUNIOR FIREFIGHTER BADGES/LABELS-FIRE DEFT 300.00 •
17517 MASYS CORPORATION -SEPTEMBER 91 COMPUTER SOFTWARE MAINT 1282.00
AGREEMENT-POLICE DEFT
17518 JEAN MATTIACCI VOLLEYBALL OFFICIAL/FEES PAID 225.00
17519 MCGLYNN BAKERIES INC EXPENSES-POLICE DEFT 67.50
17520 MCGLYNN BAKERIES INC -EXPENSES-CITY HALL/AFTERNOON PLAYGROUND 315.20
-PROGRAM/POLICE DEPT/SENIOR PROGRAM/
COMMUNITY CTR/HISTORICAL & CULTURAL COMM
17521 VOID OUT CHECK 0.00
17522 MEDICAL OXYGEN & EQUIP CO OXYGEN/KEYS-POLICE DEFT/FIRE DEFT 209.J5
17523 MERLINS HARDWARE HANK -BRUSHES/ROLLER COVERS/GLUE/THINNER/BROOM 39.63
HOLDERS/BATTERIES-COMMUNITY CENTER
17524 MESSERLI & KRAMER JULY 91 SERVICE-MUNICIPAL LEGISLATIVE COMM 8500.00
17525 METHODIST HOSPITAL SERVICE-POLICE DEPT 81.25
17528 METRO PRINTING INC ANIMAL BIT REPORTSANIMAL CONTROL DEPT 74.00
17527 METRO SALES INC TONER/FACSIMILE PAPER-POLICE DEPT 242.15
17528 METROPOLITAN WASTE CTRL COMMISSIO SEPTEMBER 91 SEWER SERVICE CHARGES 156146.00
17529 MID-CO SECURITY SYTEMS INC -SECURITY SYSTEM REPAIR/INSTALLED MONITOR- 326.00
POLICE DEPT
17530 MIDLAND EQUIPMENT CO FABRICATE REAR POSTS-EQUIPMENT MAINTENANCE 86.20
17531 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 4432.13
17532 MIDWEST A/V CENTER INC REPLACED IDLER WHEEL-COMMUNITY CENTER 49.10
17533 MIDWE5T BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL 351.36
1" '4 HERMAN MILLER INC ENERGY KIT/WALL HANGER STRIP-PLANNILIG DEPT 135.10
1 a MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 105.65
17536 MPELRA DUES-HUMAN RESOURCES DEFT 100.00
17537 MINNESOTA SAFETY COUNCIL INC SAFETY TRAINING-SAFETY DEPT 600.00 '
17538 MINNESOTA SENIOR FEDERATION -INFORMATIONAL BOOKLET & FORMS-SENIOR 25.00
PROGRAMS
17539 MOTOROLA INC RADIO REPAIR-POLICE DEFT/FIRE DEPT 238.70
17540 MTI DISTRIBUTING CO -ADAPTORS/SWITCHES/BUSHINGS/ELECTRONIC 185.80
-BENCH/HYDRAULIC HOSE-PARK MA I NT/EQU I PMENT
MAINTENANCE
17541 MUNICI LIT E CO SPOT LIGHTS-EQUIPMENT MAINTENANCE 199.14
17542 BETH NILSSON SKATING INSTRUCTOR/FEES PAID 317.60
17543 NORTH STAR ICE SUPPLIES-LIQUOR STORES 1041.02
17544 NORTH STAR TURF INC BEARING-EQUIPMENT MAINTENANCE 88.85
17545 NORTHERN OIL SEAL/GASKET-EQUIPMENT MAINTENANCE 22.39
17546 NORTHWESTERN TENNIS ASSN T-SHIRTS-TENNIS PROGRAM 27.00
17547 OCHS BRICK & TILE CO CEMENT-DRAINAGE CONTROL DEPT 4Y_90
17548 OFFICE PRODUCTS OF MN INC PRINTER REPAIR-FINANCE DEFT 176.38
17549 BILL OLSON BLACK. DIRT-STREET MAINT/PARK MAINT 161.50
175550 HARRY ORTLOFF SOFTBALL OFFICIAL/FEES PAID 352.00
17551 PAPER WAREHOUSE -LADLE/BOWL/PAPER PLATES/CUPS/FORKS/fRAY/ 25.:35
NAPKINS-POLICE DEFT/TEEN WORK PROGRAM
17552 PARK AUTO UPHOLSTERY SEAT RPAIRS-EOUIPI'IEN'T MAINTENANCE 255_00
17553 JERRY PA.RNHAM SOFTBALL OFFICIAL/FEES PAID 32_00
1.7554 PEPSI COLA COMPANY -CONCESSION STAND SUPPLIES-ROUND LAKE 252.00
CONCES:SIOII
3 CONNIE L PETERS 11II,BAGE OMMUNITY CENTER 13.75
l':..,6 PRAIRIE CYCLE A SKI BICYCLE TUNE IJP-POLICE DEFT 35.95
17769415
AUGUST 20.1991
17557 PRAIRIE ELECTRIC COMPANY INC -REPAIRED ELEVATOR FIXTURE/INSTALLED 113.65
RECEPTACLES-PARK MAINT/COMMUNITY CENTER
17558 PRAIRIE HARDWARE -HINGES/FLASHLIGHT/HOOKS/NOZZLE/KEYS/ 88
-BATTERIES/BRUSH/PLIERS/WASHERS/SCREWS/
TAPE/BOLTS/CLAMPS-COMMMUNITY CENTER
17559 PRAIRIE HARDWARE FISH LINE-LIQUOR STORE 9.89
17560 PRAIRIE HARDWARE -DRILL BIT;NUTS & BOLTS/WASHERS/CII.AIN/ 188.60
-PAINT/RIVETS/DUCT TAPE/PLUNGER/CLAMPS/
-HOSE REPAIR/BRACKETS/VISE-PARK MAINT/
COMMUNITY CENTER
17561 PRAIRIE HARDWARE DROP CLOTH-POLICE DEPT 7.53
17562 PRENTIC HALL INC BOOK-POLICE DEPT 55.63
17563 PROBER CHIEF -COMPUTER SOFTWARE MAINTENANCE AGREEMENT- 500.00
FIRE DEPT
17564 RAINBOW FOODS EXPENSES-PRESCHOOL PROGRAM 29.51
17565 RC IDENTIFICATIONS INC LAMINATING POUCHES-POLICE DEPT 116.25
17566 SCOTT REIN SOFTBALL OFFICIAL/FEES PAID 528.00
17567 TED C REIN SOFTBALL OFFICIAL/FEES PAID 186.00
17568 RESPOND SYSTEMS EAR PLUGS-SAFETY DEPT 25.00
17569 RETAIL DATA SYSTEMS OF MN PAPER-LIQUOR STORE 50.06
17570 REUTER RECYCLING INC WASTE DISPOSAL-PARK MAINTENANCE 273.90
17571 MICHAEL D RIGGLE SOFTBALL OFFICIAL/FEES PAID 88.00
17572 ROGERS SERVICE -ALTERNATOR/ALTERNATOR REPAIRS-EQUIPMENT 304.43 •
MAINTENANCE
17573 PAUL ROHE SERVICE-HOUSING REHABILIATION PROGRAM 2000.50
17574 ROLLINS OIL CO GAS-EQUIPMENT MAINTENANCE 6893.70
17575 RYANS RUBBER STAMPS RUBBER STAMP-BUILDING INSPECTIONS DEPT 14.00
17576 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 197
STREET MAINTENANCE/COMMUNITY CENTER
17577 SANCO INC CLEANING SUPPLIES-COMMMUNITY CENTER 95.25
17578 CHARLES SCHAITBERGER SCHOOL-BUILDING INSPECTIONS DEPT 99.00
17579 THOMAS SCHROERS -TREE REPLACEMENT-CEDAR RIDGE RD & CORRAL 400.00
LANE IMPROVEMENTS
17580 SEARS DRILL-COMMUNITY CENTER 129.99
17581 SETTER LEACH & LINDSTROM INC -SERVICE-PUBLIC WORKS & PARKS BUILDING 3075.45
FEASIBILITY STUDY
17582 SHAFER CONTRACTING INC REFUND-GRADING PERMIT FEE 283.50
17583 ALAN SHILEPSKY CONSULTING INC COMPUTER SOFTWARE-EQUIPMENT MAINTENANCE 2942.00
17584 SIGNATURE CONCEPTS INC T-SHIRTS-FIRE DEPT 498.00
17585 SILK SCREEN INK LTD T-SHIRTS-YOUTH ATHLETICS PROGRAM 338.58
17586 STEVEN R SINELL JULY 91 EXPENSES-ASSESSING DEPT 234.45
17587 SINGH ORIGINAL RESTAURANT EXPENSES-HISTORICAL & CULTURAL COMMISSION 350.00
17588 SIR SPEEDY PRINTING CENTER LETTEERHEAD-SAFETY DEPT 63.00
17539 W GORDON SMITH CO -GREASE/OIL-FACILITIES DEPT/PARK MAINT/ 72.39
COMMUNITY CENTER
17590 SNAP ON TOOLS CORP EXTRACTOR SET-STREET MAINTENANCE 39.95
17591 SNYDER DRUG STORES INC EXPENSES-POLICE DEPT 9.16 .'
17592 SNYDER DRUG STORES INC -PRINTS/PENS/DYE/INSECT REPELLANT/FILM/ 44.99
GLUE-COMMUNITY CENTER
175:)3 SOUTHWEST SUBURBAN PUBLISH INC LEGAL ADS-PLANNING DEPT 733.76
175)d JOAN SPENCE MILEAGE-FORESTRY DEPT 199.55
17595 STY?RTD WORLD USA -SIFT CERTIFICATES/BATS-ORGANIZED, 308.00
ATHLETICS PROGRAM
17596 SPS COMPANIES REDUCERS-PARK M41INT/EQUIRIENT M.AINT 7'''
17597 EMMETT STARK SERVICE-COMMUNITY BAND DIRECTOR
1174'.v0
2288609
AUGUST 20.1991
17598 DOUG STEEN SOFTBALL OFFICIAL/FEES PAID 64.00
17Fn4 HEIDI STONE MILEAGE-OUTDOOR CENTER PROGRAMS 30.00
11 SUBURBAN CHEVROLET -VALVES/MO1DR ASSEMBLY/COVER/NOZZLES/ 350.82
SWITCH-EQUIPMENT MAINTENANCE/WATER DEPT
17601 SUBRA COLOR LABS INC PRINTS-POLICE DEPT 111.10
17602 TENNANT COMPANY HEADLIGHTS-EQUIPMENT MAINTENANCE 54.00
17603 KEVIN TIMM SOFTBALL OFFICIAL/FEES PAID 299.00
17604 TRIARCO ARTS & CRAFTS INC CRAFT SUPPLIES-ACTIVITY CAMP PROGRAM 133.94
17605 E JOHN TROMBLEY SOFTBALL OFFICIAL/FEES PAID 276.00
17606 TWIN CITY OXYGEN CO -HEADGEAR/FACE SHIELDS/ANCHOR-EQUIPMENT 240.38
MAINTENANCE
17607 VICOM INC -WIRE MAINTENANCE AGREEMENT/REPAIRS- 312.17
COMMUNITY CENTER
17608 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER 141.90
17609 WATER PRODUCTS CO -ADAPTORS/PLUGS/204 5/8X3/4" 100 GAL 15940.50
-METERS-$10608/216 COPPERHORNS-$3888/WATER
VALVES-PARK MAINTENANCE/WATER DEPT
17610 WATERITE INC -PUMP REBUILT/CASTERS/PUMP HEAD/VALVE- 323.50
COMMUNITY CENTER
17611 DON WENDLING ANTENNAS-POLICE FORFEITURE-DRUGS 379.54
17612 PAUL M WELIN SOFTBALL OFFICIAL/FEES PAID 203.00
17613 JACK L WIEBKE SOFTBALL OFFICIAL/FEES PAID 159.50
17614 DAVE WISNEWSKI REFUND-OVERPAYMENT UTILITY BILLING 31.27
17615 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-CITY HALL/PARK MAINT 68.70
17616 ZEP MANUFACTURING COMPANY LUBRICANTS-EQUIPMENT MAINTENANCE 1035.20
17617 ZIEL'ART OF MINNESOTA INC TRUCK BEDLINER-EQUIPMENT MAINTENANCE 250.00 '
16756 VOID OUT CHECK 91 66-
it' ' VOID OUT CHECK 45.50-
1E VOID OUT CHECK 118.45-
17183 VOID OUT CHECK 93.59-
17186 VOID OUT CHECK 25 75-
2013457
$1267408.77
rii H
DISTRIBUTION BY FUNDS
10 GENERAL 544874.66
11 CERTIFICATE OF INDEBT 1561.39
15 LIQUOR STORE-P V M 108519.69
17 LIQUOR STORE-PRESERVE 59017.06
20 CEMETERY OPERATIONS 530.00
21 POLICE DRUG FORFEITURE 379.54
33 UTILITY BOND FUND 1220.75
51 IMPROVEMENT CONST FD 286603.29
56 ROAD IMPROVEMENT DEBT FD 66.50
73 WATER FUND 40235.32
77 SEWER FUND 162615.18
81 TRUST& ESCROW FUND 474.95
87 CDBG FUND 2072.50
88 MUNICIPAL LEGISLATIVE 59237.94
$1267408.77
PAL
City of Eden Prairie edert
Cit offices
76. .xecutive Drive • Eden Prairie,MN 55344-3677• Telephone(612)937-2262 prairie
August 15, 1991
Mayor Doug Tenpas
Eden Prairie City Council
City Hall
7600 Executive Drive
Eden Prairie,Minnesota 55344
SUBJECT: Les Kouba Print of
Cummins-Grill Homestead
Dear Mayor Tenpas and Council Members:
In about 1983 wildlife artist,Les Kouba,was commissioned by the Eden Prairie Foundation to
paint the Cummins-Grill Homestead. A limited number of prints were made from this painting.
Through the efforts of the Historical and Cultural Commission and its predecessor some of the
prints have been sold. The sale proceeds have been held by the Eden Prairie Foundation and
have been made available to the Historical and Cultural Commission and its Restoration and
Preservation Committee as needed to assist in the restoration and preservation of the Cummins-
Grill Homestead.
There are presently approximately 400 prints remaining, along with approximately $26,000
representing the sale proceeds.
The Eden Prairie Historical and Cultural Commission has been contacted by the Eden Prairie
Foundation with a proposal that the remaining 400 prints and approximately $26,000 be
transferred to the City, with the intention that the funds remain available for restoration and
preservation of the Cummins-Grill Homestead on an as-needed basis, and that the remaining
prints continue to be marketed by the Historical and Cultural Commission.
In the most recent meeting of the Historical and Cultural Commission,the Commission resolved
to petition the City Council to accept these prints and proceeds from the Eden Prairie
Foundation, and that is the purpose of this letter. Eden Prairie Historical and Cultural
Commission does hereby request that the City of Eden Prairie accept custody and control of the
remaining Les Kouba prints and further accept receipt of the proceeds from prior sales amounting
to approximately$26,000,with the provision that the proceeds received from the Eden Prairie
Foundation and proceeds from subsequent sales, together with interest,be made irrevocably
available, until fully consumed, for the restoration and preservation of the Cummins-Grill
Homestead.
kW, Pg;x.
Mayor Doug Tenpas
August 15, 1991
Page 2
Further, as a matter of clarification, the Eden Prairie Foundation has requested an
acknowledgement that the original painting is owned by the Eden Prairie Foundation and will
remain its property. The Commission has no objection to such treatment of the original painting.
Thank you for your consideration of this matter.
Respectfully,
EDEN PRAIRIE HISTORICAL&CULTURAL COMMISSION
Debra Campbell-Potter
Chairperson
• CENTURY BANK
July 15, 1991
.
Mr. Carl Jullie
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Carl and Eden Prairie City Council:
As most of you are aware, sometime ago the Eden Prairie Foundation
and the Eden Prairie Historical and Culture Commission entered into
a joint project and commission Les Kuba to complete a painting of
the Cummins home. All proceeds from the sale of that print was for
refurbishing the Cummins home.
Over the past few years, the prints that had been sold has been by
the efforts of the Historical Commission. Therefore, the
{ foundation would like to turn over all remaining 400 prints and
over $26,000 to the Historical Commission.
With your approval we would like to accomplish this by August 15,
1991. Thank you for your consideration in this matter.
Sincerely,
`,o.
Kenneth D. Brooks
Vice President
KDB/kc •
•
•
11455 Viking Drive•EGen Prainc Minnesota 55344-7247•612'943-2000•FAX 612/943-2020
/KO
( MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THROUGH: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources
DATE: July 11, 1991
SUBJECT: Petition of the City of Eden Prairie for Construction of the Staring
Lake/Purgatory Creek Recreation Area Basic Water Management Project
RECOMMENDATION:
City staff recommend the City Council petition the Watershed District to prepare a feasibility
study that would allow proceeding with the project as proposed in the City Comprehensive Park
Plan, which anticipates initiating the project at the same time the Prairie Center Drive overpass
is initiated in 1993.
BACKGROUND:
In August of 1990, the City staff requested authorization to hire Don Brauer to provide
consulting services to secure property rights or easements required for pertinent construction of
the Purgatory Creek Recreation Area. Staff was confident that due to Mr. Brauer's history on
this project, and with many of the property owners, he would be able to ensure the property
owners of the viability of the project and obtain easement agreements for a trail,and for the City
to raise the water elevation within the flood plain. Unfortunately, Mr. Brauer was unable to
obtain any easements from property owners for this project.
In the past,I have recommended that the City delay the Watershed District Feasibility Study until
we had received appropriate easements. Since 1983 it has been a criteria stated to property
owners that the City would not initiate development of this park until the City had ownership of
the property. The only way the City could afford to provide these park improvements was under
the condition that the property owners donate the floodplain property to the City of Eden Prairie.
Since the first concept plan that depicted development of a major portion of the floodplain,the
plan has changed significantly to the one approved in 1989 by the City Council. This plan
depicts the majority of the improvements on land owned by the City of Eden Prairie or the State
of Minnesota. Other property within the floodplain would only be affected by the proposed hard
surface trail around the perimeter of the floodplain and by the proposal to construct a water
control structure that would raise and lower water elevations in order to manage that area for
waterfowl habitat. Although the City would prefer to obtain ownership of the floodplain in order
Petition
July I I, 1991
PAge 2
to ensure long term management control of this floodplain, the proposed park plan could be
developed with simply a drainage easement below the 824(100 year floodplain)contour,and a
trail easement around the perimeter of the floodplain. The feasibility study anticipates obtaining
a drainage easement,as well as a trail easement from all property owners prior to initiating the
project.
If property owners are unwilling to either donate property or provide easements to accommodate
this project the City would be forced to either abandon the project(and pay for the full cost of
the feasibility study)or condemn the drainage and trail easements.
The following outline summarizes the proposed time line, preliminary cost estimates, funding
sources, facilities to be completed, future management, normal and flood elevation:
TIME LINE:
1991-1992-Provide fill for entry, and petition for feasibility study for the project.
1991-1992-Obtain deeds and/or easements for drainage to the 824 contour and for a trail around
the perimeter of the floodplain from all property owners.
1991-1992- Surcharge entry, complete plans and specifications for dredging and construction
of entry and trails.
1993 - Begin construction of Staring Lake outlet and dredging of ponds and dike, and install
water control structures.
1994-First phase development of entry and trail construction.
1995-Final phase construction of entry and completion of satellite parking lots.
COST ESTIMATES:
The estimated total project cost ranges from 3 million to 3.8 million dollars depending on the
amount of dredging determined by the final plan. The final cost estimates will be determined
in the feasibility study.
FUNDING SOURCES:
The estimated City share is 1.4 to 1.8 million funded through tax increment financing. The
Watershed District's share is estimated to range from 1.5 to 2.5 million, depending on what
portion qualifies for funding under the Basic Water Management Plan. Once the plan is
completed the City will be seeking grants and donations from other sources such as the US Fish
and Wildlife Service (already committed $25,000 for the water control structure), the Eden
Prairie Foundation,Corp of Engineers, LAWCON Grant,etc.
Petition
July II, 1991
Page 3
FACILITIES TO BE COMPLETED:
The existing plan depicts parking for approximately 145 cars at the major entry,a year-round
park building,a small marina and concession stand,a large plaza, several floral display areas,
some limited picnic facilities, two small auxiliary parking areas-one on the east and one the
west, two to three water control structures, five to ten acres of ponding area with dikes,
approximately four miles of hard surfaced trails,two wildlife observation blinds,one water
fountain and two ponding areas with water sprays. There will also be some additional outlet
improvements to Staring Lake that could include piping and creek dredging.
FUTURE MANAGEMENT:
The City of Eden Prairie will manage this facility with the assistance from the Department of
Natural Resources and the Fish and Wildlife Service regarding managing water levels within the
major flood storage area. The majority of the floodplain will be managed for waterfowl habitat.
NORMAL AND FLOOD ELEVATIONS:
The proposal is to the raise the normal elevation of water within the floodplain from the current
approximate 818 to 819.6 or 820. The exact levels will be determined through the feasibility
study that will outline impacts on adjacent property and on Staring Lake. The one controlling
factor is that the 100 year flood elevation will be maintained at the 824 contour.
The City has already invested$595,000 for acquisition of the 48 acres presently owned by the
City and nearly$100,000 in planning costs to date. This process has been going on since 1983
when the City first approved the concept plan for developing the Purgatory Creek Recreation
Area. It is imperative for the City to petition for this project at this time in order to allow the
Watershed District to budget for this feasibility study in their 1992 budget process;furthermore,
the longer the City delays initiating the feasibility study the longer the delays will be regarding
the Watershed District's ability to begin levying for this project, if it is approved.
BL:mdd
petition/bob
PETITION OF THE CITY OF EDEN PRAIRIE FOR
CONSTRUCTION OF THE STARING LAKE/PURGATORY CREEK
RECREATION AREA BASIC WATER MANAGEMENT PROJECT, NO 1991-1
1. Authority: This petition for the Staring Lake/Purgatory Creek Area Basic Water
Management Project is submitted by the City(or "Petitioner") in accordance with the
provisions of Minnesota Statutes Section 103D.701, Section I03D.605 and I03D.905.
The project affects lands exclusively within the City and will benefit the owners of land
abutting the area proposed to be improved.
2. Description of the Project Area. The location of the project area is shown on the maps
of the District's Overall Plan and revised plan prepared pursuant to Laws 1982 Chapter
509. It encompasses Staring Lake and the tributary marsh and open space areas which
Petitioner generally describes as the Staring Lake/Purgatory Creek Recreation Area.
3. Purpose. Management of surface water is a primary goal and objective of the Staring
Lake/Purgatory Creek Recreation Area Basic Water Management Project. Another
project objective is the protection and enhancement of the tributary marsh and wetlands
as water storage recreation wildlife and open space areas. The project will provide
facilities for water quality protection and enhancement, and park and recreation uses.
The Petitioner submits this petition for a priority project of the District on the basis that
it is eligible for project financing in accord with the attached Watershed District policy
which is part of this petition. The concept and objectives of the project are discussed in
the District's Overall Plan and the updated 509 Water Management Plan. The area and
impacted flood water storage objectives of the project are shown on the 100 year
frequency flood zone profile for Purgatory Creek, the map of the 100 year zone profile
floodplain, and the project map attached to this petition.
4. General Description of Work Proposed. Staring Lake and the tributary marsh areas are
the last major water storage sites leading to the Minnesota River. A water management
structure at the outlet of Staring Lake is required to limit water discharges flowing
through the steep areas in order to control erosion and minimize the potential for damage
to the valley. The water control structure and ponds in the marsh areas tributary to
Staring Lake will have water storage,recreational and water quality objectives designed
to protect and enhance the water quality of Staring Lake which is a major recreational
lake of the District. The trail system will provide public access to this natural resource
for jogging, biking and nature observation.
5. Need and Necessity. The urbanization of the Watershed District and this portion of the
District continues at a rapid pace. The protection of the critical water storage,floodplain,
open space and recreational water areas of the District requires prompt initiation and
completion of this priority Basic Water Management Project.
I/S(
6. Public Health Convenience and Welfare, The completion of the project will enhance the
value of property adjacent to the area, provide protection against the damage of
uncontrolled flood waters,preserve important marsh and wetland areas,provide a means
to protect the water quality of Staring Lake, protect wildlife habitat and provide for
public uses of the area. The area to be served by the water management features includes
all lands adjacent to and controlled and managed by the project facilities. The City
Council on the basis of staff and consultant reports and recommendations of State and
federal agencies has determined that the proposed project will be conducive to the public
health convenience and welfare.
7. Abutting Landowners, The existence of this project has been acknowledged by the
abutting landowners that have developed their property as a benefit to their property. The
City will continue to seek to acquire easements and floodplain dedication or conveyance
from all future developments adjacent to this floodplain. The cost associated with
acquisition of lands or easements required for the trail that will serve abutting lands,will
be assessed to the benefitted properties. The project area and property owners are shown
on the attached map, which is a part of this petition.
8. Financing. The basic water management features of this project are a first priority
project of the Watershed District eligible for 100% financing except for acquisition of
land for trail easements that may be assessed to abutting property owners. The project
is of common benefit to the entire District and the entire area and recreational facilities
will be open to and available to the general public. The Petitioner City of Eden Prairie
requests that the basic water management cost of the project be financed in the manner
provided by Minnesota Statutes 103D.905. The Petitioner requests the Watershed District
to provide funds for the recreation and land acquisition portion of the project in
accordance with existing policy. The Petitioner states it will pay all appropriately related
costs and expenses which may be incurred by the District in case the proceedings are
dismissed if for any reason no contract for construction thereof is let.
Dated , 1991
CITY OF EDEN PRAIRIE
By
Mayor
1751
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION 91-198
SUMMARY OF FINDINGS ON THE ENVIRONMENTAL ASSESSMENT
WORKSHEET(EAW)AND DRAFT SCOPING DECISION
DOCUMENT(DSDD) FOR THE FLYING CLOUD AIRPORT
EXPANSION PROPOSAL
WHEREAS,the City of Eden Prairie reviewed the Interim Report of the Flying Cloud
Airport Master Plan Update,and
WHEREAS, a resolution was adopted which found the Interim Report not in
conformance with the comprehensive Guide Plan,and
WHEREAS,the City has reviewed the Environmental Assessment Worksheet and Draft
Scoping Decision Document for the Flying Cloud Airport expansion proposal.
NOW,THEREFORE,BE IT RESOLVED,the City Council of Eden Prairie requests
that the Metropolitan Airports Commission postpone the environmental review process and hold
new public hearings for comments on the revised expansion proposal,based on the following
findings:
1. The City has not had sufficient time to analyze the modifications to the Master
Plan proposed by the Metropolitan Airports Commission, including the Flying
Cloud Airport Advisory Commission.
2. Major studies and plans which are not currently available could affect the
conclusions concerning environmental impact.
3. The City did not review,nor has the Metropolitan Council approved the Final
Report of the Flying Cloud Airport Master Plan Update.
4. The EAW/DSDD responses are vague and lacking content necessary for
evaluation.
5. Noise and land use impacts have yet to be fully evaluated.
6. It has not been established by the Environmental Quality Board if the Metropolitan
Airports Commission or the City of Eden Prairie should be the Responsible
Governmental Unit(RGU)for the environmental review process.
ADOPTED by the City Council of Eden Prairie this 20th day of August, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane,City Clerk
MEMORANDUM
TO: Mayor and City Council
FROM: Scott A. Kipp,Planner
THROUGH: Chris Enger, Director of Planning
Carl J.Jullie, City Manager
DATE: August 16, 1991
SUBJECT: Review of EAW/DSDD for Flying Cloud Airport
•
Included with this memorandum is a copy of the Environmental Assessment Worksheet(EAW)
and Draft Scoping Decision Document(DSDD)for the Flying Cloud Airport expansion proposal.
Also included are the preliminary staff comments relating to these documents.
The comment period of the EAW/DSDD ends on August 21,1991,therefore,if the City Council
wishes to comment on these documents,it is necessary that they be made at this City Council
meeting.
On Tuesday,August 13, 1991,Council members Anderson and Jessen together with City Staff
met with representatives of the Metropolitan Airports Commission (MAC)to discuss concerns
raised about the current expansion proposal.(Minutes attached)
Staff is aware of neighborhood organizations starting on both the east and west sides of the
airport,possibly including the Homeward Hills Homeowners Association,to oppose the airport
expansion proposal.
Because of the changes made in the proposal since the City Council review of the Interim
Report,and the fact that the City has not reviewed,nor has the Metropolitan Council approved
the Final Report of the Master Plan Update,Staff is concerned with the environmental review
process continuing.
Therefore, Staff recommends adoption of Resolution #91-198 for the Metropolitan Airports
Commission and the Environmental Quality Board requesting postponement of the environmental
review process,and that new public hearings be held for comments on the revised proposal.
MEMOCC.SAK:bs
MINUTES
Regarding Flying Cloud Airport Expansion
August 13, 1991
IN ATTENDANCE: Dick Anderson,Marty Jessen,Chris Enger,Jean Johnson,
Scott Kipp, Gary Schmidt,Jim Fortman
The meeting started at 4:00 p.m.
Kipp gave overview of the EAW/DSDD process that has transpired thus far and explained the
changes in the plans since the Interim Report was acted upon by the City Council. The changes
included:
a 500' westerly shift of the proposed 5,000' runway, including removal of the
first easterly 500'of runway for FAA clear zone requirements.
the need to relocate County Road 4.
extension of the A and B zones farther west.
additional grading impacts.
Kipp added that MAC is preparing a Federal Environmental Assessment for review. If a finding
of no significant impact is made,MAC will not be required to prepare a Federal Environmental
Impact Statement.
Fortman explained that the runway shift 500' to the west was to meet FAA clear zone criteria
of 1,000'deep by 800' wide at the end of runway 9R.
Anderson asked why this clear zone would be required on the east side,but based on the runway
shift, would not be required on the west side as well.
Fortman said that County Road 4 may need to be relocated or a waiver could be requested for
the minimum clear zone area requirement.
Johnson explained that the shift will also move safety Zones A and B farther west. Also, that
the strobe light approach system would also shift farther west, cutting through the stand of
evergreens at the top of the knoll between Spring Road and Eden Prairie Road.
Johnson said a lighting glare plan would need to be evaluated, and that sight lines should be
provided as well.
1
Minutes
Flying Cloud Airport Expansion
August 13, 1991
Jessen and Anderson both indicated their concern with this new information and said they could
not support the plan because of the potential,and yet to be defined, impacts.
Enger stated that the Environmental Quality Board is currently reviewing who the Responsible
Governmental Unit(RGU)for the environmental review should be. This review was initiated
by the City referring to the requirement for the RGU to be either MNDOT or the local
governmental unit,not MAC.
Fortman said that MAC has always been the RGU with regard to other airport issues except the
runway extension at MSP in which MNDOT was the RGU.
Kipp stated that the runway shift would create the need for about 65'of fill near County Road
4. He added that there would be a large amount of fill required for the project and stated
concern about where the fill would be coming from. If from on-site, would this be creating
additional views from the bluff?
Jessen inquired about the possibility of shifting the runway easterly and relocating Highway 169
or tunneling it under the runway extension.
Schmidt said no runways currently go over roads,only taxiways.
Jessen asked if there were plans for major intersection improvements at Highway 169 and
Pioneer Trail and commented that if Highway 169 were to be depressed,it could start before the
crest of the highway at Pioneer Trail.
Fortman said no one is interested in purchasing BF!property.
Jessen said the highway could likely be shifted farther east without going through the landfill
area.
Kipp referred to a plan previously submitted by MAC showing that all of proposed Zones A and
B fall within the area of potential Federal funding for acquisition, but he indicated that the
EAW/DSDD only shows possible acquisition to Spring Road which does not even include all of
Zone A based on the additional runway shift.
Fortman said that the area under Zone B is regarded by the FAA as discretionary with regard
tc acquisition.
2
Minutes
Flying Cloud Airport Expansion
August 13, 1991
Anderson and Jessen were concerned with the possible land use restrictions that would take place
under Zone B whereby property owners would not be able to develop there property based on
current Guide Plan density.
Anderson asked if the remaining part of Zone A would be acquired by MAC.
Fortman said yes.
Anderson asked if the A and B zones would be the limits of impact from the airport.
Kipp explained that the Metropolitan Council requires compatibility planning for noise zones
within the Safety Zone area and beyond by restricting certain types of land use or requiring
insulation of homes based on the distance from the airport. This would be at the cost of the
property owners,through the adoption of a model ordinance.
Anderson said this is the first time he has been made aware of such restrictions.
Johnson indicated that new noise contours will need to be developed because of the additional
runway shift.
Kipp asked if the 5 acres of proposed impervious surface area included the new hangar building
area because the runway extension alone created 2.5 acres. Kipp felt the remainder of the
impervious surface was made up of taxiways and that it did not include the new hangar area.
Schmidt said he was not sure.
Kipp stated that a close review of the stormwater detention pond will need to take place because
of the Met Council's water quality issues.
Enger summarized the meeting and indicated to MAC the need to re-think the proposal. he
asked MAC to keep in contact with the City as the planning for this project continues.
The meeting ended at 4:45 p.m.
Respectfully Submitted,
ScottAra.
A. Kipp, Reco dfi ing Secretary
3
MEMORANDUM
TO: Chris Enger,Director of Planning
FROM: Scott A. Kipp, Planner
DATE: August 16, 1991
SUBJECT: Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport
On July 17,1991,the City received the Environmental Assessment Worksheet(EAW)and Draft
Scoping Decision Document (DSDD) for the runway expansion project at the Flying Cloud
Airport. The comment period for these documents end August 21, 1991.
Please note that a major change has surfaced in the review of the documents that was not part
of the original Interim Report. The extension of the southerly parallel runway is now proposed
for 1,600 feet west versus the 1,100 feet indicated in the report. Five hundred feet of the east
end of this runway will be removed to maintain the maximum 5,000 foot length allowed by State
legislation,and to meet new Federal Aviation Administration criteria for runway protection zone.
This change in the runway proposal will most likely require the relocation of County Road#4.
The comments that follow respond numerically to the specific item in the environmental
documents. (Attached)
2. It is being assumed that the MAC is acting as its own Responsible Governmental Unit
(RGU) for this EAW/DSDD review. The EQB indicates either the Department of
Transportation or the Local Governmental Unit shall be the RGU.
4. EAW states runway length of 5,000' as reason for mandatory evaluation(4410, 4400
subp 15). However, 4410, 4300 subp 21 - runway extensions that upgrade existing
airport runway to permit aircraft over 12,500 lbs. that are at least 3 dba louder than
aircraft currently using runway,needs to be evaluated. Also,subp 28d-projects which
result in the permanent conversion of 80 or more acres of naturally vegetated,agricultural
or forested land into a more intensive developed land use, should be looked into.
6. South parallel runway shift to west additional 500' with 500' to be removed from east
side- total westerly extension of 1,600'. This was never reviewed previous to this
document.
Additional shift in runway will also create additional shift westerly of Zones A and B.
1
•
1
Memorandum
Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport
August 16, 1991
Property shown on plan for potential acquisition does not include all of Zone A and none
of Zone B(attached).
Previous meetings with MAC indicated more land area west to include all of A and B
Zones for potential acquisition(attached).
North parallel runway extension of 300' for a total of 3,900'will allow possible use by
jet aircraft. Although noise abatement plan indicates jet use only on south parallel
runway. Extension of Zone B will effect additional homes of the Tree Farm
do cloprnent.
7. EAW does not address square footage or other details regarding building area.
8. Since the Rural Zoning District does not permit airport use,a zoning district change to
Public may be necessary.
A Guide Plan change from Low Density Residential to Public Open Space may be
necessary for portions of additional hangar area and acquisition property.
Steep slope review and site plan review may also be required.
9. A source of contamination of one of the wells in the landfill area was attributed to
degreasers, solvents, or other chemicals emanating from the airport. If pollutants are
leaving airport property, this may be a good time to address the solution.
EAW does not address impact of project on existing and potential land uses, does not
address increased noise, impact of wooded areas.
10. Impervious surface stated as an additional 5 acres. Runway extension alone will add 2.5
acres. Does this 5 acres include all taxi-ways,aprons,parking and new hangars?
1 la. Enclosing the airport with chain link fence forces deer to go around airport onto nearby
roads. Also,doesn't excessive noise affect the human enjoyment of the wildlife refuge?
1 lb. Possible impact of native prairie caused by proposal.
13a. M.A.C.indicates connection of airport to City sewer and water. However EAW does
not address location and abandonment of wells and septic systems that will be required.
2
Memorandum
Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport
August 16, 1991
16. EAW does not indicate depth of bedrock which could effect the potential for bluff erosion
due to re-direction of ground water.
17. The potential for erosion has not been adequately addressed. We need to review a
grading plan now in order to understand the possible erosion implications.
Steep slopes will make it difficult to create safety zone beyond runway - extensive
grading. Where will the proposed 426,000 cubic yards of fill come from? Will it come
from the existing highland area south of airport runway?
Highly erodible soils along the bluff have not been thoroughly addressed regarding an
expansion and added run-off.
18a. Storm water management plan needs to be evaluated to address water quality issue raised
by Met Council.
Water quality is not addressed before and after development.
18b. Water run-off routes and receiving water bodies have not been identified.
19b. EAW indicates connection to City sewer and water on an as needed basis.
20b. MAC has not provided any information on the location (if any)of any site hazards to
ground water such as high infiltration rates of the soil,or shallow limestone formations.
21b. Will the new building area contain any above or below ground tanks for the storage of
petroleum products?
22. Will access to new building area be from Highway 169 near Vo-Tech training facility-
this is dangerous access point. How will the relocation of County Road 4 affect traffic
flows now with Mitchell Road extension completed. Are the traffic counts much
different now because of this improvement?
Project will most likely require relocation of County Road#4.
23. What about increase in aircraft noise and emissions, including kerosene odor from
additional jet operations?
25. Isn't increases in aircraft related noise going to take place as a result of this project?
3
Memorandum
Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport
August 16, 1991
26. Will any Indian Mounds be affected by the project? How will an extended runway and
new hangar area be buffered from the scenic view and vista?
27. The hangar area will affect the scenic view and vista to bluff. Also possible hangar
lighting and shifted strobe light alignment lights are a concern.
28. The City has not reviewed, nor has the Met Council approved the final draft of the
Master Plan. The project is not in conformance to our Guide Plan according to
Resolution 88-299. Also, Guide Plan change will be necessary for portions of new
building area and pending area.
29. It is the City's understanding from the Met Council that the inclusion of the property to
municipal sewer and water would not entail a MUSA line change.
31. Other potential environmental impacts not discussed include:
off-site grading and tree removal
details of County Road 4 relocation
jet fuel odor
increase in aircraft noise-jets, in particular
32. No summary of issues has been supplied.
Other Comments
Land acquisition cost grossly underestimated. There's at$10,200/acre where going rate
is about$30,000-$35,000/acre. Their total project cost$11.5 million based on true land
value of$17.7+ million.
It states that one reason for the project is that aircraft noise would be reduced due to
encouragement of Stage III aircraft. I don't know how this will occur, since all Stage
II corporate jets will still be able to use airport. This will cause an additive effect.
The DSDD refers to possible closure for commercial development. Where is this a
potential?
Williams Pipeline will receive tremendous amount of fill.
One home is mentioned to be relocated-which home? Also,what about golf course club
house and additional homes within Zone A which should be purchased by MAC?
4
Memorandum
Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport
August 16, 1991
Strobe lighting will effect ability to use property as golf course or other park purposes.
The report refers to Section 4(F)lands of the Department of Transportation Act-What
are these lands?
The DSDD does not address the loss of tax base from airport land acquisition and
potential decrease in land value of nearby properties.
Project will remove rural acreage from outside the MUSA for a regional facility contrary
to Met Council policy.
City staff believes excess capacity exists at airport for current aircraft type use.
Conclusions
1. EAW/DSDD seems premature since Final Report of Master Plan has not yet been
reviewed by the City or reviewed and approved by the Met Council.
2. Too many new modifications that have not been analyzed to the extent necessary.
3. EAW/DSDD responses are vague and lacking content necessary for evaluation.
4. EAW/DSDD may be premature because of the absence of major studies and plans which
would have an affect on the conclusions concerning environmental impact.
Recommendation
In light of the new modifications outlined in the EAW/DSDD and the fact that the absence of
major studies and plans which could have an affect on the conclusions concerning the
environmental impact,Staff recommends adoption of a resolution for the Metropolitan Airports
Commission and the Environmental Quality Board requesting postponement of the environmental
review process and that new public hearings be held for comments on the revised proposal based
on the following findings:
1. The City has not had sufficient time to analyze the modifications to the Master Plan
proposed by MAC,including the Flying Cloud Airport Advisory Commission.
2. Major studies and plans which are not available could affect the conclusions concerning
environmental impact.
5
•
Memorandum
Staff Preliminary Comments on EAW/DSDD for Flying Cloud Airport
August 16, 1991
3. The City did not review,nor has the Metropolitan Council approved the Final Report of
the Master Plan Update.
4. EAW/DSDD responses are vague and lacking content necessary for evaluation.
5. Noise and land use impacts have yet to be fully evaluated.
•
COMMENTS.SAK:bs
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MEMORANDUM
TO: Chris Enger, Director of Planning
FROM: Scott Kipp, Planner
DATE: August 13, 1991
SUBJECT: Action Taken by City Staff Regarding Review of the Environmental Assessment
Worksheet and Draft Scoping Decision Document.
- Forwarded EAW/DSDD to Flying Cloud Airport Advisory Commission.
- Set up meeting with MAC Staff for 3:30 p.m., August 13, 1991. •
- Sent out mailing to interested parties of the airport improvement(70 mailings)notifying
them of August 6, 1991 scoping meeting at Hennepin Technical Center.
- Documents reviewed by Attorney's office w/submitted comments.
- Notified Met Council about Final Action on Master Plan by MAC and ask Met Council
to continue to support dialogue to resolve outstanding issues.
- Met with Chauncey Case of the Met Council Staff to discuss concerns with EAW/DSDD
and its modifications to the plan.
- Prepared preliminary comments on EAW/DSDD to be reviewed by City Council.
Attended M.A.C.Environmental Scoping meeting held at Hennepin Vo-Tech on August
6, 1991 and bus tour of airport on August 7, 1991.
- Corresponded to EQB regarding City standing as Responsible Governmental Unit(RGU)
for any environmental review.
COMENTS2.SAK:bs
METROPOLITAN AIRPORTS COMMISSIO
r•, Minneapolis-Saint Paul International Airport
*,• 6040-281h Avenue South*nlinneapolis.MN 55450
Phony 16121 726-8100• Fax 16121 7_6.3296
July 15, 1991
Carl Julie
City Manager - Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
RE: Environmental Assessment Worksheet and Draft Scoping
Decision Document
• Airport Improvement Project •
Plying Cloud Airport, Eden Prairie, Minnesota
Dear Carl:
Enclosed is a copy of the Environmental Assessment Worksheet and
Draft Scoping Decision Document for the runway extension and
building area expansion projects envisioned for Flying Cloud
Airport over the next several months. As you may know, the
environmental review. process involves both a state Environmental
Impact Statement and a federal Environmental Assessment (EIS/EA).
Within the next few days you will be receiving a letter
initiating the formal environmental review process as well as
notice of a public "scoping" meeting scheduled for 7:00 pm,
August 6, 1991 at the Hennepin Technical College in Eden Prairie.
Also, we are anticipating a site "walk-over" on August 7, 1991 at
• 2:00 pm involving our consultant as well as representatives of
the various environmental review agencies. The "walk-over will
start at the Elliott-Beechcraft offices. I certainly hope that
someone from your office can participate in these meetings.
I shall be in touch soon.
Sincerely,
Mark J. Ryan 0,;i
Airport Planner
MJR/vrm
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METROPOLITAN AIRPORTS COMMISSION
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•
• FLYING CLOUD AIRPORT •
ENVIRONMENTAL ASSESSMENT WORKSHEET
DRAFT SCOPING DECISION DOCUMENT
ASKEW 1991 •
e ssAlf
o' AIRTECH •
n rrm noasr ran is
111.01
ENVIRONMENTAL
ASSESSMENT
WORKSHEET
4
Environmental Assessment Worksheet (EAW)
NOTE TO PREPARERS
This worksheet is to be completed by the Responsible Governmental Unit(RGU)or its agents. The project proposer must supply
•y reasonably accessible data necessary for the worksheet,but is not to complete the final worksheet itself. If a complete answer
,es not fit in the space allotted,attach additional sheets as necessary.
For assistance with this worksheet contact the Minnesota Environmental Quality Board(EQB)at(612)296-8253 or(toll-free)
1-800-652-9747(ask operator for the EQB environmental review program)or consult"EAW Guidelines,"a booklet available from the EQB.
NOTE TO REVIEWERS
Comments must be submitted to the RGU(see item 3)during the 30-day comment period following notice of the EAW in the EQB
Monitor.(Contact the RGU or the EQB to learn when the comment period ends.) Comments should address the accuracy and
completeness of the information,potential impacts that may warrant further investigation,and the need for an EIS. If the EAW has
been prepared for the scoping of an EIS(see item 4),comments should address the accuracy and completeness of the information
and suggest issues for investigation in the EiS. , 'M R R
1. Protect Title Flying Cloud Airport Improvement Program ;,o.�`1� 6_.
2. Propoear Metropolitan Airports Commission 3. RGU Metropolitan Airports Commission
Contact person Drew Daniluk/Scott Sanders Contact person Mark J. Evan
Address 621 Mehrinq Way,Suite 226 ') and title Airport Planner i
Cinrinnati OH 45909 •,:51 • ,Address P.O,Box 11700 f
Phone (513)651-2566 !�, i'' '. St. Paul.MN 55111 •
ak.r4 1 rtG``•'� ` •Phone (612)726-8129
4. Reason for EAW Preparation or a t cigc•�� Jir \!_
0 EiS scoping 7 mandatory EAW 0 citizen petition 0 RGU discretion 0 Proposer volunteered 4.•
If EAW or EIS is mandatory give EQB rule category nvmbeRs) 4410.4400 subp.15
5. Ptojsct Location ';u l o. -o - • DAa
1/4 1/4 Section 27, 28 Township 116N Range 22W �ilp %,l'l ?4'Bt � �(#a'
County Hennepin City/Twp Eden Prairie •
Attach copies of each of the following to the EAW:
a. a county map showing the general location of the project;
b. copy(ies)of USGS 7.5 minute.124,000 scale map(photocopy is OK)indicating the project boundaries;
C. a site plan showing all significant project and natural features.
6. Description Give a complete description of the proposed project and ancillary facilities(attach additional sheets as necessary).
Emphasize construction and operation methods and features that will cause physical manipulation of the environment or
produce wastes. indicate the timing and duration of construction activities.
See Attachment 1, #6
•
•
Provide a 50 or rewer word abstract for use in EQB Monitor notice:
1 I .�a
•
12.Ph deal impacts on Water Resources Will the props involve the physical or hydrologic alteration(dredging,tilling,stream diversion,
• outfall structure.diking,impoundment)of any surface water(lake,pond,wetland,stream,drainage ditch)? 0 Yes l;l No •
If yes,identify the water resource to be affected and describe:the alteration,including the construction process;volumes of
•
• dredged or fill material;area affected;length of stream diversion;water surface area affected;timing and extent of fluctuations
•
in water surface elevations;spoils disposal sites;and proposed mitigation measures to minimize impacts.
•
13.Water Use �, y..? w \h tr:_ • •
t�
a. Will the project involve the installation or abandonment of any wells? f7 Yea i$3 No , « rc ire c.a tvet
For abandoned wells give the location and Unique well number. For new wells,or other previously unpermitted wells,give area
the location and purpose of the well and the Unique well number(if known). • ik
When city water is extended to the airport,individual users will be connected into the mains E15,
as need warrants.
C. Will the project require an appropriation of ground or surface water(Including dewatering)?ti Yes 0 No _ •
If yes,indicate the source,quantity,duration,purpose of the appropriation,and DNR water appropriation permit number of
any existing appropriation. Discuss the impact of the appropriation on ground water levels. -__..
See Attachment I, #13b
C. Will the project require connection to a public water supply? C Yes 3 No -- - —
If yes,identify the supply,the DNR water appropriation permit number of the supply,and the quantity to be used. ----•-- - -
14.Water-related Land Use Management Districts Does any pan of the project site involve a shoreland zoning district,a delineated 100-year •
flood plain,or a state or federally designated wild or scenic river land use district? 0 Yes IS No
If yes,identify the district and discuss the compatibility of the project with the land use restrictions of the district. •
•
•
15.Water Surface Use Will the project change the number or type of watercraft on any water body? 0 Yes gl No
If yes,indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users
or fish and wildlife resources.
16,Solis Approximate depth(in feet)to:
Ground water: minimum 3 ft. average I0 ft. Bedrock: minimum average
Describe the soils on the site,giving SCS classifications,if known.(SCS interpretations and soil boring logs need not be attached.)
See Attachment I, #16
17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved:
acres 167.5 ; cubic yards 426.1)00
Descnbe any steep slopes or highly erodible soils and identify them on the site map.
Describe the erosion and sedimentation measures to he used during and after construction of the project.
See Attachment I. 417
3 1110 •
29. Impact on Inlreetruetum and Public Services Will new or expanded utilities,roads,other infrastructure,or public services be
required to serve the project? NI Yes 0 No ,
If yes,describe the new or additional infrastructure/servvices needed. (Any infrastructure that is a"connected action"with respect
to the project must be assessed in this EAW;see"EAW Guidelines"for details.)
See Attachment I, #29
i
30.Related Developments;Cumulative Impacts
a. Are future stages of this development planned or likely? ❑Yes nJ No
If yes,briefly describe future stages,their timing,and plans for environmental review.
b. Is this project a subsequent stage of an earlier project? 0 Yes m No
If yes,briefly describe the past development,its timing,and any past environmental review.
C. Is other development anticipated on adjacent lands or outiots? 0 Yes 20 No
If yes,briefly describe the development and its relationship to the present project.
d. if a,b,or c were marked Yes,discuss any cumulative environmental impacts resulting from this project and the other
development.
31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by
items I to 28,identify and discuss them here,along with any proposed mitigation.
5y E f. c••, s, a we vat, v,:•i ; v,
_ Vtjfflv:. ,� rJ it See Attachment I, #31
-� .YsGr __t c1
32. SUMMARY OF ISSUES (This section nerd not be completed if the EAW is being done for EIS seeping;instead,address relevant issues in the
draft Scoping Decision document which must accompany the EAW.) List any impacts and issues identified above that may require
further investigation before the project is commenced- Discuss any alternatives or mitigative measures that have been or may
be considered for these impacts and issues,including those that have been or may be ordered as permit conditions.
•
See Attachment I, #32
•
CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for E08 acceptance of the EAW for publication of
notice in the E08 Monitor)
A. 1 hereby certify that the information contained in this document is accurate and complete to the best of my knowledge.
Signature Original signed by Mark J. Ryan
B. I hereby certify that the project described in this EAW is the complete project and there arc no other projects,project stages,or
project components,other than those described in this document,which are related to the project as"connected actions"or
"phased actions,"as defined,respectively,at Minn.Rules,pts.4410.0200,subp.9b and subp.60.
Signature Original signed by Mark J. Ryan
I hereby certify that copies or the completed EAW are being sent to ail points on the official EQB EAW distribution list.
Signature Original signed by Mark J. Ryan
Title of signer Airport Planner Date June 24, 1991 •
6+71
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METROPOLITAN LOCATION MAP Exhibit
, AIRPORTS Al
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#6 .,.c1i,'
The proposed project involves runway, taxiway, building area, and other associated
improvements at Flying Cloud Airport. Runway 9R/27L would be extended from 3,900 feet
to 5,000 feet and widened from 75 feet to 100 feet. Runway 27L would have to be relocated
500 feet west of its present location in order to meet new dimensional standards as indicated
in FAA Advisory Circular 150/5300-13, "Airport Design.” The proposed parallel taxiway,
currently located 250 feet south of Runway 9R/27L,would be relocated 300 feet south of the
extended runway. Other associated development includes the relocation of the medium
approach lighting system(MALSR),glideslope,middle marker,visual approach slope indicators
(VASI) on both ends, and the runway end identifier lights (REILs) on the east end. The
existing TVOR would also have to be relocated from its current location to the northeast side
of the Airport.
The total area that would be acquired is 253 acres. The property acquisition includes 167.5
acres recommended by the Comprehensive Development Plan(51.5 acres of building area and
116 acres for runway extension), 14.5 acres to control the building restriction line (BRL) on
the south side of Runway 9R/27L,67.2 acres of land eligible for federal funding east of Eden
Prairie Road. and 3.8 acres for Runway 18 approach protection. A detention pond would be
located at the southwest end of the building area. City sanitary sewer and water lines would
be extended to the Airport, adjacent to the existing building areas. The 1991 Long Term
Comprehensive Development Plan indicates that this extension is planned for 1992.
#8 .
Unit of Government Type of Application Status
Federal:
Federal Aviation Administration Funding To be submitted
U.S. Department of Agriculture Farmland Conversion
Impact Rating To be submitted
U.S. Army Corps of Engineers National Permit To be submitted
State:
Minnesota Dept. of Transportation Funding To be submitted
Local: •
City of Eden Prairie Sewer and Water Permit To be submitted
City of Eden Prairie Grading and Drainage Permit To be submitted
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The 253.0 acres considered for acquisition are currently undev .ped and are zoned"rural" by
the City of Eden Prairie. A rural zoning category serves .- a holding category to prevent
premature urban development. The City's land use " 'ide Plan" indicates the property
recommended for acquisition is primarily designated as .lic open space,as is the rest of the
Airport. Public and semi-public land uses currently o• Airport property include baseball and
play fields along the northern border of the Airport, :nd a horse-riding ring along the western
property line.
Existing land uses in the vicinity of the Airport include scattered residential subdivisions to
the north, east, and west, and scattered single family homes and farmsteads to the west and
south of the Airport. One farm(Commins-Grill Farm),located north of the Airport is on the
National Resister. The Minnesota River Valley National Wildlife Refuge and associated flood
plain is located approximately one half mile south of the Airport. Staring Lake is located less
than one half mile north of the Airport. The Flying Cloud Sanitary Land Fill, which was
closed earlier this year, is adjacent to the southeast border of the Airport.
Additional discussions of neighboring land uses will be contained in the Federal Environmental )
Assessment/State Environmental Impact Statement(EA/EIS).
totYlla �„o� ^ - — lJ n`
Much of the property to be acquired is already disturbed by agriculture and related uses. The �,p't�"4Xf
Lower Minnesota River Valley, protected by Public Law 94-466(Minnesota Valley National
Wildlife Refuge Act), abuts the southern portion of the Airport. According to the 1991 Long
Term Comprehensive Development Plan, the Airport does_not affect the land, its flora and
fauna, or human enjoyment of the Refuge. This statement was attributed to the Section 4(t)
Statement-issued with The Environmental Impact Assessment Report (Hoyle, Tanner and
Associates, inc.) prepared in 1979 for the extension of Runway 9R/27L. Additional analysis
on fish, wildlife, and ecologically sensitive resources will be contained in the EA/ETS.
illlb
The Minnesota Department of Natural Resources (DNR) has been contacted to conduct a
Natural Heritage Program Database search for federally listed,state listed, and rare species of
flora and fauna. Contact will maintained with the DNR and the U.S. Fish and Wildlife
Service to identify potential impacts and necessary mitigation measures throughout the EA/EIS
process. !
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#13b
Currently, the majority of the Airport's runoff flows into a depression near the west end of
Runway 9R/27L where it is quickly absorbed into the ground due to well-drained sandy
subsurface soils. The extension of Runway 9R/27L and the reconstruction of the parade!
taxiway will result in most of this depression being filled. A new detention pond will be
created west of the new building area. Additional analysis will be presented in the federal
EA/State EIS regarding water quality in the Airport area.
#16
Soil types occurring on the site include:
Symbol Soil Name Prime Farmland Ave. Groundwater
DnA Dickman sandy loam, no Below 10'
0-2% slope
EtA Estherville sandy loam, no Below 10'
0-2% slope
EtB Estherville sandy loam, no Below 10'
2-6% slope
EtC Estherville sandy loam, no Below 10'
6-12% slope
Ke Kennebec silt loam yes Below 3'
SaD Salida course sandy loam, no Below 20'
12-18%slope
SaE Salida course sandy loam, no Below 15'
18-35% slope
#17
The project will involve considerable earth work. It is proposed that silt fences, hay bales,
etc., be installed for erosion control in areas prone to erosion. Erosion control will be the
responsibility of the contractor,who will be required to minimize the time erosion prone soils
are exposed. All disturbed areas will be restored with sod, seeding, and/or other approved.
methods. A grading plan is yet not available for this_project,
Soil types for the area are listed in item 16. The proposed runway extension's safety area,
which is within the current Airport boundaries, is located on relatively steep sloping terrain.
which drops approximately 50 feet. The Soil Conservation Service map for the Airport area
indicates that approximately 1.500 feet from the ultimate end of 9R, salida soils with a 12 to
18 percent slope are present.
-3-
•
IBIS
It has been suggested that fill for the runway extension and safety area come from the
proposed detention pond located on the southwestern side of the proposed building area. The
detention pond area appears to be primarily composed of salida coarse sandy loam soils with
a 12 to 35 percent slope, and estherville sandy loam soils with a 0 to 6 percent slope. The
EA/EIS will discuss the extent of the impacts and potential mitigation measures associated
with the proposed development.
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4.), The Airport's engineering contractor has estimated that the proposed project will add 5 acres
.}-o of impervious surface to the Airport when construction is completed. This increase in
rtzt' impervious surface will lead to increased surface water runoff. The 1991 preliminary airport
f 6 layout plan shows a new drainage ditch system to accommodate surface water runoff resulting
from the proposed project. This system will drain into a detention pond area. The 1991 Long
Term Comprehensive Development Plan indicates that drainage does not represent a significant
problem. The EA/EIS will provide additional water quality and surface water runoff analyses.
#22
11,
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The proposed project would have little impact on the existing directional traffic flow. Peak
hour automobile traffic (A.M.) resulting from the new building area is estimated at 147
vehicles on U.S. Highway 169. It is_possible that the proposed-extension would require the
relocation of County Road 4. The Hennepin County Department of Transportation and
Planning reports that in 1990 this road had an average daily volume of 1,120 vehicles near
the intersection of Pioneer Trail and 1,160 vehicles near the intersection of U.S.Highway 169.
Congestion on this road is possible during construction; however, permanent change to traffic
flow is unlikely. o� �,_�//
-• 4°_44.1 z
#23 GAt C tel"
A temporary increase of carbon monoxide and the generation of dust created by an increase
in equipment activity is expected during the construction phase of the proposed project. The
exhaust fumes generated by this equipment can be assumed to be a minimal impact since they
represent a very small amount related to the total pollutants generated by automobiles in the
affected area.
No violation of federal or State air quality standards are expected to occur as a result of the
construction. The Minnesota Pollution Control Agency will be asked to comment on the
proposed project.
•
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It is anticipated that both dust and noise will be generated during construction. Both of these
impacts will be temporary and will remain mostly unnoticeable outside Airport boundaries.
The project contractor will be responsible for mitigation measures regarding the creation of
dust. The most effective dust control mitigation measures include periodic watering to
working areas and the exposure of the minimum area of erodible earth during construction.
The impact of noise during construction would generally be focused in the vicinity of the
construction site which is agricultural in nature. Therefore, the impact related to noise is
expected to be minimal.
#26
The Minnesota Historical Society has indicated that the Commins-Grill Farm is listed on the
National Register. This property is located to northeast of the Airport on the north side of
Pioneer Trail and should not be impacted by the proposed airport project. Additional contact
will be initiated with the Minnesota Historical Society and Local Heritage Preservation
Commission during the EA/EIS.
The Soil Conservation Service Soil Survey indicates that a small area of Kennebec silt loam.
considered prime farmland, is located in the proposed building area. Additional analysis
pertaining to farmland impacts will be contained in the EA/EIS.
There is currently a City leased baseball field and recreation area located on the northwest
edge of the Airport and a horse-riding ring located along the western property line. The
Minnesota Valley_National Wildlife_Refuge, is located just south of the Airport along the
Minnesota River. This conservation area contains numerous trails and picnic areas. Riley
Creek and its associated flood plain,a golf course, and ski area are located approximately two
miles west of the Airport. Staring Lake Park is located approximately one-half mile north of
the Airport. The proposed development_project would be compatible and would have little
if any impact on these areas..Additional analysis and comments from federal,State,and local
agencies will be provided in the EA/EIS. --�,;5 1fv
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#27 d,..'e {� 4.�f,.v l ��r nr,:.%,vf..jyt�
Minimal adverse impacts are anticipated as a result of light emissions from the proposed •
lighting recommendations. The proposed lighting, therefore, is not expected to cause adverse
impacts to nearby residential properties. It would be recommended that plantings occur to •
screen the proposed building area site from nearby residents.
•
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#28
The City of Eden Prairie's "Guid Plan" indicates that the Airport is located in an area
reserved for public open spacelpa flood plain. The Airport is considered a compatible land
use for this designation. The area recommended for acquisition is also included in this public
open space zone. ._- .0"/..Cs191- - r `.^ v.L. , ,,;or ,."..7 -ct' ,:1. - ; ..A,,
^„ The City of Eden Prairie Zoning Regulations indicate that the Airport is currently zoned for
•
�+3•�'� public use. The property to be acquired is designated as a rural zone,which essentially serves
k as a holding category to prevent premature urban development. This propert�would_have_ta_
f9-;d` be approved by the City for rezoning.as_a Public designation. The Airport is a considered
A��•t�, a compatible land use for these zoning categories.
• ���"The Federal Aviation Administration (FAA) and the State of Minnesota have land use
�e-e r"t requirements for property located off airport runway ends to insure safety and promote
.•,)A compatible use. The FAA and the Minnesota Department of Transportation have been
•
;•tv�`• involved with the MAC in the preparation of the Long Term Comprehensive Development
Plan. Additional contact with these agencies will be maintained throughout the pre aration
•
of the EA/EIS to insure compatibility with federal, State,and local requirements,
1. -`', ,-r ---- .-2.
Water and sewer mains would he extended to the existing and proposed building site in 1992
with the extensioq_of the MUSA. Hook ups would be on as needed basis and would be
subject to the City of Eden Prairie regulations. A sewer and water permit would be required.
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.
#31
The Long Term Comprehensive Development Plan indicates that noise impacts are of particular
concern to the residents of Eden Prairie. Noise modeling contained in the Comprehensive Plan
indicates:
..."that the proposed project will not produce levels of noise that are incompatible with
adjacent land uses according to federal standards. The 65 Ldn contour remains well
inside Airport property except for one small area on the southwest side of the Airport.
The implementation of the Metropolitan Airport Commission's new noise abatement
plan will help insure that unnecessary aircraft noise is reduced to a minimum. New
federal regulations requiring the phase out of noisier jet aircraft by the year 2000 will
also insure that the noise is minimized. ...The Metropolitan Council has developed
model noise zoning standards. These model standards put certain conditions on
development in the 60 to 65 Ldn and 55 to 60 Loin outside the MUSA line. These
conditions should he included within the local zoning ordinances as appropriate."
•
The EA/EIS will contain additional noise analysis as required by the Minnesota Department
of Transportation and the FAA.
_6_ .-.
DRAFT
SCOPING DECISION
DOCUMENT
1
Draft Scoping Decision Document
FLYING CLOUD AIRPORT
IMPROVEMENT PROGRAM
This Draft Scoping Decision Document has been prepared to present decisions
reached to the extent that information is now available, regarding the scope of
the Environmental Impact Statement. It identities the altematives and impacts
which will be covered indepth in the Draft Environmental Impact Statement.
The proposed project involves extending. Runway •
9R/27L and its parallel taxiways, and developing
a new building area for aircraft
storage.
CERTIFICATION BY RESPONSIBLE GOVERNMENT UNIT
•
Date Approved
1 r60
CONTENTS
1. Description Of The Proposed Project 1
Airfield 1
Building Area 1
2. Purpose Of The Project 1
3. Time Schedule For EA/EIS Preparation 2
4. Evaluation Of Alternatives 3
A. Airfield Alternatives 3
B. Building Area Alternatives 4
5. Alternatives Selected For Further Study 5
6. Environmental, Social.And Economic Impact Areas 5 1
A. Potential Moderate Impact Areas . 5
B. Potential Minor Impact Areas 6
7. Preparers Of The EA/EIS 9
Appendix A A-1
Appendix B B-1
IPG
METROPOLITAN AIRPORTS COMMISSION
DRAFT SCOPING DECISION DOCUMENT (DSDD). (J)-
1. Description Of The Proposed Project p
The Airport Improvement Program for Flying Cloud Airport contains two major categories:
the airfield and the building area. Exhibit 1, the Airport Layout Plan from the recently
completed Long Term Comprehensive Development Plan(Master Plan), depicts the proposed
projects and ultimate airport development. The projects depicted include:
AIRFIELD: The proposed airfield project consists of extending Runway 9R/27L to
t, an ultimate length of 5,000 feet. The western end of the runway will be extended
1,600 feet to the west. The runway will also be widened from its present width of 75
a'f.? :-feet to 100 feet. In conjunction with this extension. the parallel taxiway will be
k •N), 2, reconstructed 50 feet south of the existing taxiway and extended the full 5,000 feet,the
length of the proposed runway. This will provide a runway centerline to taxiway
"7/ centerline separation of 300 feet, meeting current FAA criteria. The eastern threshold
• .,,J' ^. of Runway 9R/27L will be relocated 500 feet to the west in order to meet new Federal
.V• ' �� Aviation Administration(FAA)criteria for the runway protection zone(RPZ). This 500
feet of existing pavement will be removed. It will also be necessary to relocate certain
. associated navigational aids including: medium approach lighting system (MALSR),
' t .; glideslope and middle marker,visual approach slope indicators (VASI)on both runway
-.ends, and the runway end identifier lights (REILs) on the east end.
''
i .:;` BUILDING AREA: The Long Term Comprehensive Development Plan also calls for
the development of a new building area southwest of the existing runway system.•This
area will provide additional parking as well as storage and maintenance hangars for
future based and transient aircraft. Development of this area will require the relocation
of the terminal very high frequency omnidirectional radio (TVOR) navigational aid to
the northwestern side of the Airport. A storm water detention pond will be constructed
west of this new building area.
The proposed improvement program would require the acquisition of a total of 253.0 acres
of property. This includes 51.5 acres for building area expansion and 116 acres for the
runway extension as indicated in the 1991 Long-Terrn Comprehensive Development Plan. The
remaining acreage includes 14.5 acres of land to include the building restriction line (BRL)
on the south side of Runway 2R/27L, 67.2 acres of land eligible for federal funding east of
Eden Prairie Road.and 3.8 acres for Runway 18 approach protection. Preliminary engineering
estimates assess the cost of the land acquisition at 52.6 million, the airfield improvements at
53.2 million. and the building area expansion at S5.71tiillion. Several sources of funding are
available for this program including federal. State. and local funding.
J.
.' 1I
1
CONTENTS
1. Description Of The Proposed Project 1
Airfield 1
Building Area 1
2. Purpose Of The Project 1
3. Time Schedule For EA/EIS Preparation 2
4. Evaluation Of Alternatives 3
A. Airfield Alternatives 3
B. Building Area Alternatives 4
5. Alternatives Selected For Further Study 5
6. Environmental, Social, And Economic Impact Areas 5
A. Potential Moderate Impact Areas 5
B. Potential Minor Impact Areas 6
7. Preparers Of The EA/EIS 9
Appendix A A 1
Appendix B B-1
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2. Purpose Of The Project
The purpose of the runway extension project is to enhance safety at the Airport by allowing
quieter Stage III business jet aircraft to operate safely and efficiently. It would also reduce
the aircraft noise_impact to the surrounding area by encouraging the use of Stage III.aircraft., tqw;
The project also allows Flying Cloud Airport to fulfill its role as defined in the Metropolitan
Council's Aviation Development Guide/System Plan.
The building area improvements would help to accommodate based and transient aircraft by
providing modern services, while improving the aesthetic appearance of the Airport through
the use of berms and landscaping. 7•
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3. Time Schedule For EAJEIS Preparation
The preliminary schedule for the preparation of the State Environmental Impact Statement
(EIS) and the Federal Environmental Assessment (EA) is as follows:
July 22, 1991 Publication of the mandatory EAW and Draft Scoping
Decision Document(DSDD) in EQB Monitor
August 6, 1991 Public meeting on EAW/DSDD
August 21, 1991 Thirty day comment period ends
September 1991 Final Scoping Decision Document submitted
September 1991 Publication of EIS preparation notice in EQB Monitor
November 1991 RGU distributes Draft EIS and issues a press release:notice
published in EQB Monitor
November 1991 Public hearing on Draft EA/EIS
December 1991 Thirty day comment period ends
January 1991 Respond to comments; distribute Final EIS
February 1992 Notice of availability of Final EIS in EQB Monitor
March 1992 RGU determines adequacy of Final EIS (State) and
distributes Notice of Adequacy; notice published in EQB
Monitor
March 1992 Record of Decision Document (Federal EA)
.7_
�G�u
4. Evaluation Of Alternatives
In the process of developing the Flying Cloud Airport Long Term Comprehensive
Development Plan,several alternative development options were analyzed with respect to the
development of the airfield and building area. The alternatives were evaluated with respect
to each alternative's ability to meet a fixed set of evaluation criteria. These criteria included:
Ability to meet facility requirements
Costs including construction and land acquisition
Number of dwellings and land uses located within noise contours and consistency with
federal, State, and regional guidelines
Affect of alternative on airport operations,navigational facilities,and air traffic control
tower site lines
Affect of alternative on drainage, and its ability to provide water and sanitary sewer
services
Other environmental considerations
- The three airfield alternatives and four building area alternatives evaluated in the Flying Cloud
Airport Long Term Comprehensive Development Plan are discussed in the following sections.
A. Airfield Alternatives
The three airfield alternatives evaluated were as follows:
•
Alternative A consisted of lengthening Runway 9R/27L to 5,000 feet by
extending the runway and its parallel taxiway 1,100 feet to the west.
Alternative B consisted of lengthening Runway 9R/27L to 4,500 feet by
extending the runway and its parallel taxiway 600 feet to the west.
Alternative C is the no-build or do-nothing option.
Extension of Runway 18/36 was also considered but was eliminated early in the
analysis because of the inability to reroute County Road 1.
The two most critical evaluation factors were those related to facility requirements and
noise. Final analysis determined that it the runway were not extended to 5,000 feet,
the Airport would not fulfill its role as defined in the Metropolitan Council's Aviation
Development Guide/System Plan. Safety and efficiency would also be increased with
the proposed project. It was determined that noise impacts would not increase
substantially as a result of the proposed development. At_most,_twenty homes east of•
the_Airport located_.between_the 60 and 65 Ldn contours would be affected by the.
-3-
c ails • • p
proposed development. These homes were constructed over the objections of the Flying
Cloud Airport Advisory Commission and have deed notices warning the owners of
potential aircraft noise. The exact noise impact was also questionable because of
elevation differences(60 feet) between these homes and the Airport. Alternative A was
thus selected as the preferred alternative. •
Subsequent analysis modified this alternative to meet new FAA criteria. The final
\rp.,t preferred airfield alternative relocates the eastern end of the runway 500 feet further
k eti west than originally proposed. This modification would also serve to further reduce
� v.r" . noise impacts to the east because of higher aircraft altitude in approaching the Airport.
B. Building Area Alternatives
V7 P:
o There were four building area alternatives evaluated for the Long-Term Comprehensive
\K Development Plan. These four included:
Alternative i consisted of a new building area southwest of the runway system.
positioned to avoid relocating the TVOR. This alternative required substantial
fill and the acquisition of 79 acres of land.
Alternative 2 consisted of developing an area on the north side of the Airport
west of the existing hangar area. This would.require no land acquisition and
a minimal amount of grading. However, it meant the loss of a substantial
amount of the soccer tield/baseball diamond area used by the City of Eden
Prairie.
Alternative 3 also proposed development to the southwest of the runway system.
However, by relocating the TVOR, land acquisition would be reduced to 40
acres and some reduction in the fill requirements over Alternative 1.
Alternative 4 proposed development on both the north and south sides of the
facility. This would reduce the impact on the soccer field/baseball diamond
area, but would also require the relocation of the TVOR.
The building area alternatives were evaluated based on their impacts on Airport
operations and the surrounding community. Alternative 1 was selected as the preferred
alternative in the Long Term Comprehensive Development Plan because:
"It balances operations across the Airport and would provide a good flow of
traffic between the runways and the building area."
"Even though the cost is considerably more than Alternative 2,it is felt that the
improved operational capability partially offsets the additional cost."
"The rest of the negative cost is offset by not displacing any of the halifields
used by the City nor establishing hangars closer to residential areas."
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•
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' Alternative 1 was modified to accommodate FAA criteria for runway/taxiway separation
and to provide for a new drainage basin west of the new building area. This
modification will also require the relocation of the TVOR.
5. Alternatives Selected For Further Study
After analyzing the impacts associated with each of the airfield and building area alternatives.
modified Airfield Altemative A and modified Building Area Alternative 1 were selected for
further study.• This development alternative as well as the no-build alternative will be
evaluated in the EA/EIS with respect to potential impacts.
6. Environmental, Social, And Economic Impact Areas
The federal EA process detailed in FAA Order 5050.4A requires that 20 environmental
categories be examined in relation to airport development projects. The Minnesota EIS process
requires that these same categories be examined. Preliminary analyses of the potential impacts
have identified potential moderate impact areas and potential minor impact areas. Each of
these are discussed in the following sections.
A. Potential Moderate Impact Areas
The following issues have been identified as moderate impact areas which will be
addressed in the EA/EIS:
1. Noise
According to FAA Order 5050.4A, noise analysis is needed for proposals involving
Design Group I and II airplanes on General Utility type airports whose forecast
operations in the period covered by the environmental assessment exceed 90,000 annual
adjusted propeller operations or 700 annual adjusted jet operations. The unconstrained
forecast developed for the Flying Cloud Airport Master Plan indicates that the total
number of daytime airport operations are estimated at 386,000 for 2010. This forecast
also indicates 10,000 daytime jet aircraft operations will be performed at the Airport .
during this time period. Therefore, noise contours will be generated for the interim
periods (1995 and 2000), while those generated in the Long Term Comprehensive
Development Plan will be used for the year 2010. In order to meet State criteria, L,a
65 noise contours will be developed for each of the alternatives and presented on the
land use maps in the EA/EIS.
2. Compatible Land Use
Following are two areas regarding land use that will be addressed in the EA/EIS:
Land use reiatine to noise• Typically,the EA/EIS process focuses on the compatibility
of existing and planned land uses in the vicinity of the airport with relationship to noise
•
i
\o (3r�(J� 1 H
.04
V �
impacts from the airport. If the noise analysis concludes that there is no significant
impact, a similar conclusion may be drawn with respect to compatible land use. A
noise analysis will be conducted for Flying Cloud Airport. It is likely that noise will
present a minor impact to surrounding land uses.
Potential conflicts between the project and existing surrounding land uses - There are
several areas of significant impact that will be addressed in the EA/EIS; however,these
land use impacts will be covered in other sections. Impacts include the possibility of
affecting farmland and road relocation,and/or closure for commercial development. 1
These areas will be addressed in detail in the EA%EIS for each alternative in their
individual impact categories. ‘. i
3. Social Impacts
Social impacts will be analyzed regarding the relocation of residences; the alteration
of surface transportation patterns;the division or disruption of established communities:
the disruption of orderly planned development: and the creation of_an appreciable
change in employment. kas likely that the preferred_alternative,will__require the
relocation_of_County__Road 4. In addition, the proposed Airport expansion would
require the purchase of property adjacent to the Airport and the relocation,of,at.leass
one home. The EA/EIS will summarize the social impacts associated with each
alternative.
4. Induced Socioeconomic Impact
Secondary economic effects of expanding the Airport will be examined with regard to
the potential for changes in business and economic activity. The economic benefits of
the proposed project to the surrounding community will be outlined in the EA/EIS.
5. Farmland
The Soil Conservation Service will be contacted to determine if the proposed expansion
could result in farmland impacts. If prime farmland is involved. Form AD-1006
(Farmland Conversion) will be completed and possible mitigation measures will be
identified as part of the EA/EIS.
B. Potential Minor Impact Areas
The following issues have been identified as minor impact areas and will be described
briefly in the EA/EIS.
I. Air Quality
According to federal EA guidelines. air quality analysis is not required if the levels or
activity forecast are below 180.000 annual operations for a general aviation airport.
Annual operations at Flying Cloud Airport have already surpassed this level. The
project is not expected to exceed State indirect source review criteria. The Minnesota
-6-
l?l
•
Pollution Control Agency will be contacted and allowed an opportunity to comment on
air quality for this project.
.-' Jcz:.i%ems
2. Water Quality ��\5 !v.4(( :, •
a.
•
The EA/EIS will include a description of design, mitigation measures, and construction
controls that affect the water quality as applicable to the proposed project. Impacts to
wetlands, groundwater, impoundment, diversion, deepening, controlling, modifying,
dredging, or filling any body of water will also be addressed as applicable.
3. Department of Transportation Act, Section 4(f) Lands
An analysis will be undertaken during the EA/EIS to see if Section 4(f) lands will be
impacted by the project.
c_• V?r1
4. Historic, Architectural. Archeological, and Cultural Resources izv3 v_
The Minnesota Historical Society has been contacted as part of the EA/EIS to
determine if the proposed expansion would impact properties on or eligible for inclusion
on the Register of Historic Places. In addition, local preservation groups and/or
planning agencies will be contacted with regard to potential impacts. The Commins-
Grill Farm is on the National Register and is located immediately north of the Airport. •
It is not expected that this Farm will be impacted by the proposed project.
5. Biotic Communities
A field survey will be initiated to identify endangered or threatened species of flora and
fauna and to assess the impact of the proposed project on biotic communities. The
Minnesota Department of Natural Resources, the Fish and Wildlife Service, and any •
other appropriate agencies will be contacted to determine if negative impacts to biotic
communities would be associated with the proposed expansion.
6. Endangered and Threatened.Species of Flora and Fauna
A site walkover will be conducted as part of the EA/EIS to determine if there are
endangered and/or threatened species or sensitive habitat located on the site. Contact
has been initiated with the Minnesota Department of Natural Resources to review the
National Heritage database to identify the occurrence of endangered or threatened
species in the area.
7. Wetlands
Preliminary correspondence with the Department of Natural Resources indicates that the
project will not affect the wetlands. Additional coordination will be initiated with the
Department of Natural Resources and the Corps of Engineers during the EA/EIS to
ensure that any potential impacts to the wetland will be minimized or eliminated.
-7.
•
8. Floodplains •
Contact will be initiated with Flood Insurance Agency and/or the Corp of Engineers
regarding any potential impacts resulting from the project. The proposed project is not
expected to impact any floodplains.
9. Coastal Zone Management Program
This category does not apply to the proposed project.
10. Coastal Barriers
This category does not apply to the proposed project.
11. Wild and Scenic Rivers
The Department of the Interior will be contacted to determine if any designated wild
and scenic rivers would be impacted by the proposed project.
12. Energy Supply and Natural Resources
The project is not expected to produce any significant impacts with regard to energy
supply and natural resources. Fuel consumption will not be significantly changed by
the proposed project. A brief paragraph in the EA/EIS will document this.
13. Light Emissions •— — a_ +.iI
•
A brief description of the proposed lighting system and its purpose will be included
in the EA/EIS.
14. Solid Waste Impact
Airport actions which relate to airfield development do not normally include any direct
relationship to solid waste collection, control, or disposal, other than that associated
with the construction itself. Local officials will be contacted to determine if there are
any existing or planned solid waste disposal facilities in the area.
15. Construction Impacts
In general. impacts during construction are of a lessor magnitude than long-term
impacts of the proposed action. Short-term, construction-related impacts, and any
necessary mitigation measures will he identified.
.8-
Ilg) •
•
/ 7. Preparers Of The EA/EIS
1 A joint state/federal EA/EIS will be prepared by the Metropolitan Airports Commission
(MAC). The contact for MAC is Mr.Mark Ryan. Consultants for the project are The
Airport Technology and Planning Group,Inc.(AirTech),and Short-Elliott-Hendrickson,
Inc.(SEH). The contacts for AirTech are Andrew Daniluk and Scott Sanders -(513)
651-2566. The contact for SEH is Tom Foster (612)490-2098.
it
-9-
APPENDIX A
AGENCY COMMENTS
/
• APPENDIX A
AGENCY COMMENTS
All local, state. and federal government agency formal comments received on the scoping
EAW and Draft Scoping Document for this project will be incorporated in this section of the
tinal Scoping Decision Document.
•
A-1
189� E
APPENDIX B
SUMMARY OF PUBLIC COMMENTS
•
APPENDIX B
SUMMARY OF PUBLIC COMMENTS ON SCOPING DOCUMENT
A summary of all public comments received at the scoping meetings will be attached to the
Final Scoping Decision Document. A separate Public Transcript will also be published which
will include transcripts of the scoping meetings and copies of all written comments received
during the formal comment period. •
•
1
B-I
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e
FLYING CLOUD AIRPORT
PUBLIC MEETING •
August 6, 1991
1. Purpose Of The Project
The purpose of the runway extension project is to enhance safety at the Airport by allowing
quieter Stage III business jet aircraft to operate safely and efficiently. It would also reduce
the aircraft noise impact to the surrounding area by encouraging the use of Stage III aircraft.
The project also allows Flying Cloud Airport to fulfill its role as defined in the Metropolitan
Council's Aviation Development Guide/System Plan.
The building area improvements would help to accommodate based and transient aircraft by
providing modem services, white improving the aesthetic appearance of the Airport through
the use of berms and landscaping.
2. Project Description
•
The Airport Improvement Program for Flying Cloud Airport includes the following proposed
projects: •
•
. Extending Runway 9R/27L to 5,000 feet. The western end of the runway will be
( extended 1,600 feet to the west and the eastern end will be relocated 500 feet to the .
west. 111
5&O t3
. Widen Runway 9R/27L to 100 feet C ( Zj> oC,
. Extend taxiway to 5,000 feet 7 16yc,'� $ `',' ,,o 2
. Relocate navigational aids (NAVAIDs)
liq" 3 6
. Develop new building area .
The proposed improvement program would require the acquisition of a total of 253 acres. The
attached Airport Layout Plan (ALP) depicts the proposed projects and acquisition areas.
3. Time Schedule For EA/EIS Preparation
The preliminary schedule for the preparation of the State Environmental Impact Statement
(EIS) and the Federal Environmental Assessment (EA) is as follows: t i
--- I I 'i
1 I.
1
V q V S.
July 22, 1991 Publication of the mandatory EAW and Draft Scoping
Decision Document (DSDD) in EQB Monitor
Cf,
August 6, 1991 Public meeting on EAW/DSDD
August 21, 1991 Thirty day comment period ends
September 1991 Final Scoping Decision Document submitted
September 1991 Publication of EIS preparation notice in EOB Monitor
November 1991 RGU distributes Draft EIS and issues a press release;notice
published in EQB Monitor
November 1991 Public hearing on Draft EA/EIS
December 1991 Thirty day comment period ends
January 1991 Respond to comments; distribute Final EIS
February 1992 Notice of availability of Final EIS in EOB Monitor
March 1992 RGU determines adequacy of Final EIS (State) and
distributes Notice of Adequacy; notice published in EQB
Monitor
March 1992 Record of Decision Document(Federal EA)
4. Environmental Categories
The Federal EA, as well as the Minnesota EIS, process requires that 20 environmental
categories be examined in relation to airport development projects. These categories include:
Noise
Compatible land use
Social impacts
Induced socioeconomic impacts
Air quality
Water quality
DOT Section 40
Historical, architectural, archaeological. and cultural resources
Biotic communities
Endangered and threatened species
Wetlands
Floodolains
Coastal:one management
1701
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•
f
Coastal barriers
Wild and scenic rivers
Farmland
Energy supply and natural resources
Light emissions
Solid waste unpac s
Construction impacts
C
_3_
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FINANCE DIRECTOR
JOHN BRANS
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, AUGUST 27, 1991 7:30 PM,CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCILMEMBERS: Mayor Douglas Tenpas, Richard
Anderson, Jean Harris, H. Martin
Jessen,and Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Julie, Assistant to the City
Manager Craig Dawson,Finance Director John D.
Franey Director of Planning Chris Enger,Director
of Parks, Recreation &Natural Resources Robert
Lambert, Director of Public Works Gene Dietz,
Director of Human Rights& Community Services
Natalie Swaggert, Police Chief Jim Clark, City
Assessor Steve Sinell, Fire Chief Spencer Conrad,
Director of Inspections, Safety& Facilities Kevin
Schmieg,and Recording Secretary Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA
II. DISCUSSION ITEMS
A. Singletree Plaza Project
B. Proposed 1992 Tax Levy and Budget (Resolution No.91-199)
C. Other
III. ADJOURNMENT
•
MEMORANDUM
•
TO: Mayor and City Council
FROM: Chris Enger, Director of Planning
Don Uram, Planner
THROUGH: Carl Jullie,City Manager
DATE: August 28, 1991
SUBJECT: Columbine Road Extension
The following is a summary of conclusions,recommendations and City Council actions regarding
the extension of Columbine Road from it's current terminus to Prairie Center Drive from four
traffic studies and the TIF Capital Projects Study Report. In all cases, the Columbine Road
extension is recommended.
TRAFFIC STUDY FOR THE NORTHRUP KING SITE(189 acre mixed-use PUD)
Benshoof&Associates,Inc.-1985
ANALYSIS-
A capacity analysis of the 1990 projections at the intersection of Anderson Lakes Parkway and
TH 169 was prepared based upon the current design of improvements to Anderson Lakes
Parkway and TH 169 and no connection to the northeast. With the current design, the
intersection would operate at a level of service F-a condition of unacceptable congestion. The
critical movements at this intersection are left tums from the west on Anderson Lakes Parkway
to the north on TH 169 and left turns from the south on TH 169 to the west on Anderson Lakes
Parkway.
Three alternative improvements were analyzed to improve the level of service at this intersection:
A. The connection to TH 169 at the northeast corner of the site.
B. Double left turn lanes on the west approach of Anderson Lakes Parkway.
C. Double left turn lanes on the south approach of TH 169.
(Staff-Alternative improvement A would be similar to a Columbine Road extension from
it's current terminus to Prairie Center Drive. This extension was deemed necessary to
increase the level of service at the Anderson Lakes Parkway/TH 169 intersection to level D.
Alternative improvements B and C have been constructed with some modifications.)
CONCLUSIONS-
( Any combination of two of these improvements will result in the intersection operating at a level
of service D. The provision of double left turn from the south on TH 169 in combination with
either of the other two alternatives results in the highest level of service on the borderline of
D/E. The analysis indicates that, with these improvements to the intersection, development
traffic combined with other traffic can effectively be accommodated at a level of service D.
Level of service D is an appropriate level of service for urban intersections and is generally the
level of service utilized for design purposes by the State Department of Transportation.
TRAFFIC STUDY FOR FOUNTAIN PLACE APARTMENTS(500 Units)
Benshoof&Associates,Inc.-1987
•
CONCLUSIONS-
The extension of Columbine Road will:
- improve acr'csibility for Fountain Place and other area developments.
- Allow diversion of trips from the TH 169/Anderson Lakes Parkway intersection
which would result in improved operation at this intersection and TH 169/Prairie
Center Drive.
- Provide a viable alternative route for trips generated in the area during the
upgrading of TH 169.
(Staff-Although the TH 169 upgrade is completed in this area,the extension of Columbine
Road to Prairie Center Drive will provide an alternative route and improved access to the
Major Center Area for trips generated in the area by existing development including the
Anderson Lakes Shopping Center, the Post Office and both the Fountain Place and Eden
Place apartment complexes.)
ADDITIONAL AREA-WIDE BENEFITS- '
1. Improved accessibility--The existing and future developments north of Anderson Lakes
Parkway would have and alternative route to/from the north. This fact would improve
overall accessibility to the area,increase trip making convenience,and provide alternative
emergency access.
2. Diversion of trips from the TH 169/Anderson Lakes Parkway intersection --With the
Columbine Road extension,the opportunity for diversion of trips to/from the north away
from the TH 169/Anderson Lakes Parkway intersection is available for trips associated
with development south of Anderson Lakes Parkway and west of TH 169. This diversion
would result in improved traffic operations at the intersections of TH 169 with Anderson
Lakes Parkway and Prairie Center Drive.
ALPINE CENTER TRAFFIC STUDY
Strgar-Roscoe-Fausch,Inc.- 1989
RECOMMENDATION-
Extend Columbine Road intersecting Prairie Center Drive from the west with a full median cut
and extending to the east from Prairie Center Drive.
I. Provide a good connection between the Major Center Area and other parts of Eden
Prairie.
2. Provide an alternative to Singletree Lane for many vehicles, reducing the volume on
Singletree. This would be an important component of the potential downtown concept
centered on Singletree Lane because lower traffic volumes. Lower traffic volumes would
also allow on-street parking on Singletree to be considered as part of the downtown plan.
3. Columbine/Regional Center connection would provide a good alternate route to activities
such as street fairs or parades held on Singletree.
4. Will also help to improve traffic conditions on congested portions of Prairie Center
Drive,satisfy property access needs and compliment the planned downtown concept along
Singletree Lane.
5. Columbine Road extension would provide a good opportunity to avoid congestion on TH •
169 which is likely to continue despite the reconstruction.
(Staff-The critical issue reviewed as part of this traffic study was the planned extension
of Columbine Road to intersect with Prairie Center Drive from the west at approximately
the north property line of Lariat Center II. The extension of Columbine Road will require
the cooperation of this property owner,Ed Flaherty.)
T.I.F.CAPITAL PROJECTS STUDY REPORT
November 29,1990
The T.I.F. Committee recommended to the City Council on December 18, 1990 that they:
1. Adopt a T.I.F. Capital Improvements Project budget.
2. Schedule a public hearing to meet the statutory requirements to amend the project list as
recommended.
3. Authorize City staff to proceed with development of plans and specifications necessary
to implement 1991 projects.
Columbine Road was listed on the T.I.F. Capital projects budget to be constructed in 1995 at
a cost of$513,000. This cost assumes special assessments for a portion of the project cost.
(Staff- At the public hearing held on Oct.24,Don Brauer requested that construction of
Columbine Road be deferred until his client could present development plans to the City
for the property through which Columbine Road would be constructed. In response to this
request,the Committee decided to schedule the Columbine Road project for 1993. After
reviewing the cash flow analysis for the TIF District,staff scheduled the project for 1995.)
WAL-MART TRAFFIC STUDY
Strgar-Roscoe-Fausch,Inc.-1991
SUMMARY-
Both the Fountain Place and Northrup King traffic studies recommended the construction of
Columbine Road between Anderson Lakes Parkway and Prairie Center Drive to alleviate
congestion at the Anderson Lakes Parkway and Prairie Center Drive intersections with TH 169.
The opportunity to construct many of the planned connections from Prairie Center Drive to the
southwest have been lost,because development has occurred without preservation of right of way
for the connections. The only remaining opportunity for a southwesterly connection is at
Columbine Road.
CONCLUSIONS-
1. The extension of Columbine Road to Regional Center Road was found to be desirable, •
because it would provide an alternate connection between the Major Center Area and the
residential areas to the southwest.
2. It would help reduce congestion at TH 169 particularly at the TH 169/Prairie Center
Drive intersection.
3. The Columbine Road connection to Regional Center Road would also place emphasis
on and increase traffic volumes at the TH 169/Regional Center Road intersection. It is
likely that this intersection would warrant a traffic signal in the future. The improvement
of this intersection would likely cause more visitors to use this intersection as their
primary arrres to Eden Prairie Center. It would also help to spread trips out on the
internal ring road and reduce congestion at the existing main access point at Singletree
Lane.
4. Commonwealth Drive would be extended as a local street from its terminus at Regional }
Center Road to the north to Singletree Lane and potentially further north to Technology
Drive.
1
t
5. The extension. of Commonwealth would serve to provide property access for future
development. It would also provide a public street connection between developments,
connecting retail, industrial, office and other uses. These are local trips which would
otherwise have to be made on the arterial street system.
RECOMMENDATIONS-
Columbine Road should be extended as a collector street with full access at Prairie Center Drive
to Regional Center Road since Columbine Road would then provide greater continuity in
connectivity. It would replace the collector function of Singletree Lane. Singletree Lane would
serve more of a local access function.
1. The extension of Columbine Road would provide a valuable connection between the
Major Center Area and other parts of Eden Prairie. The limited number of these outside
connections has been cited as a major factor in the levels of congestion projected for
major intersections in the Major Center Area. By serving this purpose,the extension
will offer the diversion of a significant number of trips from TH 169 south of Regional
Center Road.
2. The extension of Commonwealth to Singletree Lane would provide a good connection for
local trips between the proposed and existing developments. Without this connection,
many of these trips would be made on the minor arterial streets.
3. The extension of Commonwealth between Singletree Lane and West 78th Street would
help fill a void in the street network. It would provide access for future development and
also connect the area to other parts of the Major Center Area.
(Staff-After the Study was completed,staff received a letter from Steven Wilson,Traffic
Forecast Analyst/Planner for the Metropolitan Council which suggested that the City review
the traffic analysis for the TH 212 E.I.S.which estimates a year 2010 volume in the vicinity
of 30,000 on that section of TH 169 between Prairie Center Drive and Anderson Lakes
Parkway. Current traffic volumes are approximately 26,500 trips per day. This is an
increase of 10,000 trips over the numbers used hi the report. The traffic engineer is
currently analyzing the affect this would have on the number of trips diverted to
Columbine Road.)
•
AAA
AIAir
METROPOLITAN COUNCIL
Mears Pant Centre.230 East Fifik lyres,St.Paul.MN 55101-1634 612 291-6359 FAX 612 291-6550 TTY 612 29/-0904
July 31,1991
Ms.Nancy Heuer
Strgar-Roscoe-Fausch,Inc. •
Suite 150
1 Carlson Parkway North
Minneapolis,Minnesota 55447
Dear Nancy:
At your request I reviewed the regional travel demand forecast model in the area of the proposed
Columbine Road extension in Eden Prairie. I concur with the City of Eden Prairie's concern that the
regional travel demand forecast model,with its current highway and zone network configuration,is
inappropriate for planning the street system in the study area
SRF has already identified several reasons supporting this conclusion(large TAZs,limited centroid
connections,simplified street network). I would add that my experience in using the regional model in the
southwest metro area shows the traffic assignment technique typically used will significantly underestimate
the traffic on TH 169 primarily due to the Minnesota River bridge crossings. The model under-assigns
trips to T.H.169 and over-assigns trips tcradjacent bridges and highways.
I would recommend that alternative traffic forecasting techniques,such as sub-area network refinement be
used for the purposes of this Eden Prairie traffic study. I suggest you also review the traffic work done for
the T.H.212 Environmental Impacts Statement,which estimates a year 2010 volume in the vicinity of
30,000 on that section of T.H.169.
If I can be of further assistance please call me at 291-6344.
Sincerely,
Stephen C.Wilson,
Travel Forecast Analyst/Planner
cc: Mike Franzen
WAL-MART TRAFFIC STUDY
INTRODUCTION
A retail development is proposed on Singletree Lane between
Prairie Center Drive and Eden Road (see Figure 1). The Wal-Mart
development consists of a 159,000 square foot building housing a
discount store. The purpose of this study is to:
o Review the transportation system needs in the vicinity of the
project, particularly the need to extend Columbine Road and
Commonwealth Drive.
o Evaluate the operation of Prairie Center Drive in view of
potential new intersection at Columbine Road.
o Examine the peaking characteristics of site-generated traffic
and related impacts.
o Evaluate the operation of key intersections upon project
completion.
General study area boundaries were Technology Drive to the north,
Prairie Center Drive to the southwest and T.H. 169 to the east.
Roadway system considerations, however, took a somewhat larger
area into consideration, particularly in the definition of travel
sheds for the study area.
EXISTING ROADWAY FACILITIES
The proposed Wal-Mart store is located south of Singletree Lane.
Singletree Lane is a four-lane, divided, city collector street
connecting Prairie Center Drive and T.H. 169. The proposed
project would have access at two locations on Singletree Lane.
There are no turn lanes on Singletree Lane between Eden Road and
Prairie Center Drive.
The project site is bordered on the west by Prairie Center Drive,
a four-lane, divided minor arterial. Prairie Center Drive
currently has median breaks at Commonwealth Drive, Singletree
Lane and Technology Drive. There are traffic signals at T.H. 169
and at T.H. 5.
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SRF PROJECT LOCATION 1
/0911548 WALMART TRAFFIC STUDY/CITY OF EDEN PRAIRIE J
C C
The project is bordered on the east by two single family homes
and an existing office building, all of which have access on
Eden Road to the east. Eden Road is a four lane, local street.
The functional classification of these and other streets in the
study area are shown in Figure 2. 1989 daily traffic volumes on
streets in the vicinity of the project are shown in Figure 3.
PLANNED ROADWAY IMPROVEMENTS
There are several roadway improvements planned in the study area.
The T.H. 5/Prairie Center Drive intersection is planned to be
improved to a folded diamond interchange with the construction of
new T.H. 212. This improvement would require the relocation of
Technology Drive, west of Prairie Center Drive, approximately 700
feet to the south.
The City of Eden Prairie is constructing Columbine Road, a new
collector street between Anderson Lakes Parkway and Prairie
Center Drive. Columbine Road has already been constructed from
Anderson Lakes Parkway to just north of Fountain Place. The
extension of Columbine to the north will intersect Prairie Center
Drive along the south edge of the Flagship Athletic Club
property.
The Minnesota Department of Transportation has recently completed
the improvement of T.H. 169 to a four-lane section south of
Prairie Center Drive.
HISTORY OF THE ROADWAY NETWORK
Several previous studies have considered traffic conditions in
the vicinity of the project. These studies have identified
roadway system needs which affect the proposed project.
Major Center Area Studies
The "Eden Prairie Major Center Area" study, conducted in 1972 and
1973, evaluated environmental constraints, transportation needs,
financing strategies, and land use in the Major Center Area. The
Planned Unit Development recommended by the study was adopted by
the City Council in 1973.
Although the plan does not present much detail on property
access, it does show an internal road system which provides for
the extension of Commonwealth Drive to the north from Prairie
Center Drive to Technology Drive. It also shows connections
southwest of Prairie Center Drive at Commonwealth Drive,
Singletree Lane, Technology Drive and one additional connection
between Technology and Singletree. The 165 foot NSP easement,
which runs through the Wal-Mart site, was seen as a constraint on
development, but appropriate for parking and road uses.
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*0911548 WALMART TRAFFIC STUDY/CITY OF EDEN PRAIRIE
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5' ' 1989 DAILY TRAFFIC VOLUMES
roe))see WALMART TRAFFIC STUDY/ CITY OF EDEH PRAIRIE
C C
o "The Preserve Commercial Plans", dated November 11, 1974, also
show concept plans for the part of the study area south of the
• proposed project site. The concept which most closely
represents the way the area has developed also shows an
extension from the intersection of Commonwealth Drive and
Regional Center Road to the north.
o A 1985 study titled "County Road 18/Prairie Center Drive Area
Traffic Study" used a year 2000 traffic forecast to identify
areas of congestion. The study recommended intersection
improvements and a reduction in trip generation/land use to
mitigate projected congestion.
o A study called "Major Center Area Traffic Study", completed in
December 1988, again evaluated the ability of the Major Center
Area street system to accommodate projected traffic levels.
This study assumed the improvements recommended in the 1985
study were implemented. One of the improvements assumed to be
completed in the forecasting done for this study was the
connection of Commonwealth Drive to Singletree Lane.
The 1988 study identified many areas of projected congestion,
given the levels of development expected by 2010. One of the
major factors contributing to projected congestion was
identified as the limited number of access points to the Major
Center Area. The study recommended a combination of roadway
improvements and land use/trip generation reductions to reduce
future congestion. The improvements included reconstruction
of several interchanges to improve access to the Major Center
Area. Even with these actions, several intersections were
projected to be over capacity. The range of daily traffic
volumes projected by this study are shown in Figure 4.
Proposed Development Traffic Studies
o In 1985, a series of two traffic studies were prepared to
consider development proposals for the Northrup King site
located south of Anderson Lakes Parkway and west of T.H. 169.
These studies assumed the critical year for traffic analysis
would be 1990 because traffic volumes on T.H. 169 were
projected to begin to drop because of completion of regional
highway improvements. Given the existing (1991) configuration
of the T.H. 169/Anderson Lakes Parkway intersection, the study
indicates the intersection would be over capacity if the
Northrup King site were completely developed as approved.
Another traffic study completed in 1987 reviewed the impact of
development of the Fountain Place Apartments located north of
Anderson Lakes Parkway and west of T.H. 169. In view cf both
the Fountain Place and Northrup King developments, the study
recommended the construction of Columbine Road between
Anderson Lakes Parkway and Prairie Center Drive to alleviate
congestion at the Anderson Lakes Parkway and Prairie Center
Drive intersections with T.H. 169.
6
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r0911548 WALMART TRAFFIC STUDY/CITY OF EDEN PRAIRIE
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o Another traffic study completed in October 1989 reviewed the
proposed Alpine Center development. This center has been
constructed and renamed Lariat Center. This study also
considered the extension of Columbine Road.
Study Results Which Affect the Study Area Street Network
The Commonwealth Drive connection to Singletree has continued to
be included in the plans for the Major Center Area transportation
system. As a result the city currently owns a small section of
right-of-way to accommodate this connection to the north from the
existing Commonwealth Drive/Regional Center Road intersection.
The need to extend Commonwealth Drive to the north should
continue to be evaluated as the area develops.
The opportunity to construct many of the planned connections from
Prairie Center Drive to the southwest have been lost because
development has occurred without preservation of right-of-way for
the connections. The extension of Commonwealth Drive is
precluded because of the Castleridge Care Center; the extension
of Singletree Lane is precluded by the Flagship Athletic Club.
Technology Drive has been connected to the west to Mitchell Road.
The connection between Singletree and Technology Drive may be
constructed to provide access to a future recreation area, but
soil conditions in the Purgatory Creek floodplain do not allow
the road to connect through to the west. The only other
opportunity remaining for a southwesterly connection is at
Columbine Road. The extension of Columbine Road must also
continue to be evaluated as the area develops. •
STREET NETWORK ANALYSIS
The Major Center Area has a well defined arterial system
consisting primarily of the regional highways and the Prairie
Center Drive ring road. Since much of the area around the
proposed project site is undeveloped, the local and collector
street systems, designed to provide property access and
circulation, are relatively undefined. The only existing
collector street in the area is Singletree Lane, a discontinuous
street which is less than a half-mile long. It connects the two
minor arterials, Prairie Center Drive and T.H. 169.
8
•
C
Additional local and collector streets will have to be
constructed to provide access and circulation as the area
develops. One aspect of this study is to evaluate the need to
enhance the local street system by constructing Commonwealth
Drive from Regional Center Road to Technology Drive and Columbine
Road from its current terminus to Regional Center Road to provide
these functions.
Columbine Road Extension
A previous study reviewing the traffic impact of development of
the proposed Alpine Center (existing Lariat Center) considered
three alternatives for the Prairie Center Drive/Columbine Road
intersection. The extension of Columbine to Regional Center Road
was found to be desirable because it would provide an alternate
connection between the Major Center Area and the residential
areas to the southwest. This would reduce congestion on T.H.
169, particularly at the T.H. 169/Prairie Center Drive
intersection. This was also one of the preferred alternatives
based on its impact on the operation of Prairie Center Drive.
Columbine Road would be designated as a collector street. As a
collector, it would have equal emphasis placed on mobility and
property access, with driveways provided at major developments.
Collectors typically carry trips up to two miles in length;
although when the density of collector streets is low, trip
lengths may be longer. Collectors are typically spaced at
approximately one-half to one mile. Primarily because of
environmental constraints, Columbine Road would be the only
collector street in the area until it becomes parallel with
Singletree Lane. Singletree Lane and Columbine are separated by
only about one-eighth mile.
The Columbine Road connection to Regional Center Road would also
place emphasis on, and increase traffic volumes at, the
T.H. 169/Regional Center Road intersection. It is likely that
this intersection -would warrant a traffic signal in the future.
The improvement of this intersection would probably cause more
visitors to use this intersection as their primary access to Eden
Prairie Center. This would help to spread trips out on the
internal ring road and reduce congestion at the existing main
access point at Singletree Lane.
Commonwealth Drive Extension
Commonwealth Drive would be extended as a local street from its
terminus at Regional Center Road to the north to Singletree Lane
and potentially further north to Technology Drive. The primary
function of local streets is to provide property access and
connectivity between developments. They are spaced as frequently
9
C C
as necessary to provide these functions. A mixed-use area such
as the Major Center Area can have a large number of multi-purpose
trips. The promotion of multi-purpose trips and of bicycle and
pedestrian trips can help to reduce congestion, especially on the
arterial street system. A well-designed local street system is
critical for improving the level of pedestrian, bicycle and
multi-purpose trips and reducing traffic volumes.
The area along T.H. 169 currently has a system of local streets
providing property access and circulation and defining a
suburban-style block system. There is no local street system
west of Eden Road and north of Regional Center Road. The
extension of Commonwealth would serve to provide property access
for future development. It would also provide a public street
connection between developments, connecting retail, industrial,
office and other uses. These are local trips which would
otherwise have to be made on the arterial street system.
TRAFFIC ANALYSIS
Potential Trio Diversion
An estimate was made of the number of vehicles which would use
the extensions of Columbine and Commonwealth between the Major
Center Area and the residential area to the southwest given
different roadway scenarios. This provided a conservative
estimate, consisting of local trips and trips made to connect to
the regional highway system. The estimate did not include trips
made within the Major Center Area between developments.
In order to develop traffic forecasts for the proposed roadway
extensions, a travel shed was identified for both local and
regional trips which would be served by these future roadways
(see Figure 5).
The local trip travel shed is approximately 1,000 acres in area,
substantially developed and consists primarily of single and
multiple family residential land use. Based on data contained in
the "1990 Eden Prairie Community Profile" it is estimated that
this local trip travel shed contains 2,000 housing units. Trips
generated within the local trip travel shed that would use the
proposed extensions of Columbine Road and Commonwealth Drive can
be characterized as short trips to and from the Major Center Area
for shopping, business, or work.
10
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LOCAL TRIP TRAVEL SHED PROPOSED ROADWAY T
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SRF TRAVEL SHEDS SERVED BY
PROPOSED ROADWAY EXTENSIONS 5
roeiisae WALMART TRAFFIC STUDY /CITY OF EDEN PRAIRIE f
C C
Based on the estimated number of households and typical trip
generation rates, the total daily trips generated within the
local trip travel shed is estimated at 20,000. Assuming 15
percent of these total daily trips would be local trips to and
from the Major Center Area, it is estimated that 3,000 local
daily trips would be diverted from T.H. 169 and Prairie Center
Drive to the proposed Columbine Road and Commonwealth Drive
roadways. This trip reduction factor was found to be typical for
retail developments by a study conducted by the Institute of
Transportation Engineers.
The regional trip travel shed, a sub-area of the local trip
travel shed, is approximately 200 acres in area and consists
primarily of multiple family residential land use. It is
estimated that this smaller travel shed will contain 1200 of the
2000 housing units in the larger local trip travel shed. Trips
generated within the regional trip travel shed that would use the
proposed roadway extensions can be characterized as longer trips
to and from the greater metropolitan area. These trips are
primarily work related trips which would use the proposed roadway
extensions to access the area arterial highway system.
Based on the estimated number of households and typical trip
generation rates, the total daily trips generated within the
regional trip travel shed is estimated at 12,000. Assuming trip
distribution used in the 1988 Major Center Area Study, 54 percent
of these total daily trips would be regional trips which would
divert to the proposed roadway extensions, it is estimated that
6,500 daily regional trips would divert from T.H. 169 and Prairie
Center Drive to the proposed roadways.
The total number of daily diverted trips generated within the
local and regional trip travel sheds is estimated at 9500. These
diverted trips were assigned to the proposed Columbine Road and
Commonwealth Drive roadways. Figure 6 shows the change in
traffic volumes on T.H. 169 based on the diversion to Columbine
Road and existing•T.H. 169 traffic volumes. Figure 7 shows the
impact of the diversion on 2010 projected volumes.
SITE TRIP GENERATION
The proposed land use for the subject site consists of
159,000 S.F. of free-standing discount store. Based on trip
rates contained in the 1991 Institute of Transportation Engineers
Trip Generation Reoort, 5th Edition, this proposed land use would
generate about 11,150 daily trips and 545 afternoon street peak
hour trips. Applying a 15 percent trip reduction factor to
account for multiple purpose trips and other trip reduction
factors, results in 9,480 daily trips and 465 afternoon street
peak hour trips.
12
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LSRF 1989 DAILY TRAFFIC VOLUMES
ADJUSTED FOR DIVERSION TO COLUMBINE/COMMONWEALTH 6
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110911548 SINGLETREE PLAZA TRAFFIC STUDY/CITY OF EDEN PRAIRIE
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Based on the Trip Generation Report, the directional distribution
of the afternoon street peak hour trips would be 52 percent
entering and 48 percent exiting, resulting in about 240 inbound
and 225 outbound site-generated, afternoon street peak hour
trips.
SITE TRAFFIC ASSIGNMENT AND ANALYSIS
jntersection Operation
Afternoon peak period turning movement counts were taken by
Strgar-Roscoe-Fausch, Inc. on Thursday, June 27, 1991 at the
T.H. 169/Prairie Center Drive intersection. Counts taken by
Benshoof and Associates on Tuesday, June 4, 1991 at the T.H.
169/Singletree Lane intersection were also used in this analysis.
The afternoon peak-hour site-generated traffic was assigned to
these key intersections. These site-generated trips were added
to the existing traffic volumes at the key intersections based on
a directional trip distribution developed for the 1988 Major
Center Area Traffic Study (see attached intersection worksheets).
In order to determine the impact of adding the proposed site
generated traffic to the existing background traffic volumes, a
planning-level capacity analysis was completed for each of the
key intersections. Analyses were completed for the existing
condition and existing plus site-generated traffic for
alternatives with and without the extension of Columbine Road
(see attached intersection worksheets) . The results of these
analyses are summarized in Table 1.
TABLE 1
INTERSECTION ANALYSIS
T.H. 169/PRAIRIE CENTER DR. T.H. 169/SINGLETREE LANE
ANALYSIS
CONDITION CRITICAL LANE L.O.S. CRITICAL LANE L.O.S.
VOLUME VOLUME
EXISTING 1255 D 1035 C
EXISTING PLUS
WAL-MART 1040 C 1060 C
WITH
COLUMBINE
EXISTING PLUS
WAL-MART 1270 D 1175 C
WITHOUT
COLUMBINE
15
C
The T.H. 169/Singletree Lane intersection is expected to operate
at Level of Service (LOS) C under all scenarios. This is
considered an acceptable level of service. The T.H. 169/Prairie
Center Drive intersection is currently operating at LOS D. LOS D
indicates that traffic is approaching unstable flow; drivers are
unable to maneuver freely. The intersection would continue to
operate at LOS D with existing traffic levels and the additional
Wal-Mart traffic. The extension of Columbine Road, however,
would improve intersection operations to LOS C.
Traffic volumes on T.H. 169 increased an average of four percent
per year between 1978 and 1988. Traffic volumes are expected to
continue to increase until major regional highway improvements
are completed. The timeframe for completion of all of these
projects is indefinite, but may not be within the next ten years.
If traffic at the T.H. 169/Prairie Center Drive and T.H. 169/
Singletree intersections continues to grow at four percent per
year, the operation of the Prairie Center Drive intersection
would reach LOS E within the next three years and the Singletree
Lane intersection would reach LOS E within five years, without
the Columbine Road extension. The Columbine Road extension would
delay LOS E operations by about five years. Development of the
Northrup King site alone would reduce the Prairie Center Drive
intersection to LOS E, without any other traffic growth and
without the Columbine Road extension.
Peakina Characteristics of Shopping vs. Office Land Use
Based on data contained in the 1991 Institute of Transportation
Engineers "Trip Generation Report", 5th Edition, the hourly
variation in the amount of traffic generated by office and
shopping land use, for a typical weekday, is graphically shown on
Figure 8. The office land use volume profile has sharp morning,
noon and afternoon/evening peaks. The shopping land use,
however, lacks these sharp hourly volume peaks.
Generally, office land use generates significant traffic impacts
during both the morning and afternoon/evening street peak
periods. Shopping land use does not, however, generate a
significant traffic impact during the morning street peak period,
and a significant traffic impact only during the afternoon/
evening street peak period.
Office land use also generates a significant directional split
with morning street peak period volumes predominantly inbound and
afternoon/evening street peak period volumes predominantly
outbound. Shopping land use on the other hand, generates traffic
volumes during the afternoon/evening street peak period that are
directionally well balanced.
16
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CONCLUSIONS AND RECOMMENDATIONS
Roadway System
The extension of Columbine Road would provide a valuable
connection between the Major Center Area and other parts of Eden
Prairie. The limited number of these outside connections has
been cited as a major factor in the levels of congestion
projected for major intersections in the Major Center Area. By
serving this purpose, the extension would allow for the diversion
of a significant number of trips from T.H. 169 south of Regional
Center Road.
Although future traffic volumes on T.H. 169 are projected to
decrease from existing levels, the future volumes were projected
assuming the construction of regional highway improvements to
C.S.A.H. 18, the construction of T.H. 212, the Shakopee Bypass
and other roadway improvements. Until improvements are complete,
traffic volumes on T.H. 169 will probably continue to increase.
Some of the regional highway projects have been programmed.
Others, such as the I-494/ C.S.A.H. 18 interchange improvement
are not likely to be completed in the next ten years. The trip
diversion to Columbine Road would provide relief for congestion
on T.H. 169 in the interim.
If Columbine were not extended across Prairie Center Drive to
Regional Center Road, most of the diverted trips would still go
through the Prairie Center Drive/T.H. 169 intersection. Because
of the diversion they would become left turns on the west
approach and right turns on the north approach instead of through
movements on the south and north approaches. Left turns
generally cause more congestion at intersections than through
traffic.
It is recommended that Columbine Road be extended as a collector
street with full access at Prairie Center Drive to Regional
Center Road. Since Columbine would then provide greater
continuity and connectivity, it would replace the collector
function of Singletree Lane. Singletree would serve more of a
local access function.
The extension of Commonwealth to Singletree Lane would provide a
good connection for local trips between the proposed and existing
developments. Without this connection, many of these trips would
be made on the minor arterial streets.
The extension of Commonwealth between Singletree Lane and West
78th Street would help fill a void in the street network. It
would provide access for future development and also connect tha
area to other parts of the Major Center Area. It is recommended
that as the area develops, right-of-way be reserved for this
street.
18
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MEMORANDUM
TO: Planning Commission
FROM: Michael D. Franzen, Senior Planner
THROUGH: Chris Enger, Director of Planning
SUBJECT: Singletree Plaza-Staff Recommendations
DATE: August 20, 1991
STAFF RECOMMENDATIONS
The Planning staff would recommend approval of the Zoning District Change from Rural to
C-Regional Service based on plans dated August 1, 1991 and August 19, 1991 subject to the
recommendations of the staff report dated August 2, 1991 and subject to the following items to
be done and agreed upon as part of the City Council's First Reading:
1. The final exterior building elevations will be subject to review by the urban design
consultant with revisions made to the building exterior elevations as recommended by the
urban design consultant.
2. The final site and landscape plan shall be subject to review by the urban design consultant
with revisions made to the plans for lighting,landscaping, street furniture,etc., for the
private road,entrances and plaza area as recommended by the urban design consultant.
3. The final sign plan shall be reviewed by City staff with recommendations for location,
exterior materials,colors and design to be incorporated as part of the approval.
4. The Planning and Engineering Departments recommend that the site be revised to show
Columbine Road(Regional Center Road)extended through the site as a public street with
a minimum of 60'of right of way. The geometrics (including additional right of way
requirements, street widths, intersection details, street grades and profiles) will be
determined based on recommendations from the traffic consultant.
5. The proponent will be required to return to the Planning Commission prior to second
reading to review the final building elevations, site plan, sign plan and urban design
features.
Memorandum
Singletree Plaza Page Two
6. Prior to Second Reading, the proponent and Wal-Mart must enter into an agreement
which will provide a six month"hold still"for the construction of Wal-Mart as currently
requested. The time would run for six months from the date of agreement to allow the
City to assemble property on U.S. 169 upon which Wal-Mart would construct a store
facing east as the alternative for the approved store. Wal-Mart would exchange 12.5
acres of the west portion of the Bermel property for 6.55 acres acquired by the City on
U. S. 169.
7. The following items are agreed to be implemented by the developer but have not been
shown on the revised plans:
A. The landscape plan shall be revised to coincide with the new building elevations
presented at the Planning Commission meeting and to be reviewed by the urban
design consultant and City staff.
B. Within the plaza area along the building front,there will be lights,street fumiture
and special paving pattems as determined by City staff and the urban design
consultant.
C. The site plan shall be revised to show a proof of parking plan for 69 additional
parking spaces.
D. The NURP pond shall be revised to accommodate a 100 year storm event.
E. Lighting along the private roadways and other median areas will be spaced on
every other planting island and equal spacing throughout the remainder of the
roadway.
F. Monument signs shall be constructed at the Singletree entrances.
G. There will be one pylon sign at the intersection of Columbine Road and Prairie
Center Drive with a final design to be determined by the urban design consultant
and the City staff. Wal-Mart agrees to abide by these recommendations.
H. The satellite dish,if it is visible on the roof based upon sight lines,will be ground
mounted.
1. The screen wall at the loading area along Singletree Lane will be curved.
J. Security lighting within the loading areas and the garden center shall be downcast,
cutoff lumivars.
Memorandum
( Singletree Plaza Page Three
K. No bulk storage of materials shall be within the garden center; no signs shall be
allowed on the outside fence.
L. All signs on the building,or free-standing signs, shall be internally lit.
M. Sidewalks shall be required along the entire length of the property along
Singletree Lane,Columbine Road and Regional Center Drive.
N. Cart corrals shall be in the location as shown on the revised site plan.
O. The private road system through the property shall consist of scored pavement,
special colored concrete,lights and tree types as determined by City staff and the
urban design consultant.
P. The site plan shall be revised to depict a cart storage area which is screened from
view.
Q. All rooftop mechanical units will be screened.
•
•
EDEN PRAIRIE PLANNING COMMISSION
UNAPPROVED MINUTES
• August 19, 1991
COMMISSION MEMBERS: Chairperson Charles Ruebling,Tim Bauer,Robert Hallett,
Karen Norman, Doug Sandstad, James Hawkins and
Katherine Kardell
STAFF MEMBERS: Michael Franzen,Senior Planner;Clare T.Kearney,Acting
Recording Secretary
•
Pledge of Allegiance--Roll Call
ROLL CALL: All members present
APPROVAL OF AGENDA
Moved by Bauer,seconded by Norman to approve the agenda for the August 19,
1991 Planning Commission meeting. Motion carried 7-0.
H. MEMBERS REPORTS
None
III. MINUTES
None
IV. DEVELOPMENT PROPOSALS
A. SINGLETREE PLAZA(91-16-Z-SPR)by The Robert Larsen Partners.
Request for Zoning District Change from Rural to C-Reg-Service on •
approximately 19 acres with variances to be reviewed by the Board of
Appeals,and Site Plan Review on approximately 19 acres for construction
of 119,000 square feet of commercial uses to be known as Singletree
Plaza. Location: South of Singletree Lane,east of Prairie Center Drive,
west of Eden Road. A continued public hearing.
Franzen reported that City staff met with the proponent today to review building
elevations.
Kelly Doran reviewed the changes which had taken place in the front and side
elevations of the building. He explained that the canopy on the building will be
free-standing and covered. The color scheme of the building has changed. The
brick will be a shade or two darker than the Flagship Athletic Club. Incorporated
•
Planning Commission
August 19, 1991 Page Two
into the front elevation will be points of interest constructed of stucco. Vertical
and horizontal reveals will make the building look like it is two stories. A
burgundy stripe will accent the building. Doran reported that the top of the
building will be stucco dryvit. Colors used in the building will be carried
throughout the downtown area. Doran reviewed the color scheme to be used in
the garden center. A wrought iron fence surrounding the garden center will be
painted to match the burgundy accent on the building.
Doran reported that he has worked with the urban design consultant and City staff
regarding street furniture,planting islands,and other features. The exact type of
treatments will be determined at a future date. He indicated that he has reviewed
the staff recommendations and is in agreement with all conditions for approval.
Hawkins asked if the doors on the front left side are emergency exit doors.
Doran replied that they are.
Hallett asked if the conditions for approval from the last Planning Commission
meeting are included in tonight's conditions. Franzen indicated that he received
the conditions over the phone from the recording secretary and would highlight
them in his report to the Commission. He reported that the direction at the last
Planning Commission meeting from the commissioners was to work on the
exterior building elevations to make it look like a two story building and meet
City code. The main change in the elevations is the incorporation of a canopy.
Staff has also looked at incorporating other types of exterior materials. The key
feature is the incorporation of an insignia or logo for the downtown area which
will be a curved box with a circle in it. Each building in the downtown area will
have its own identity.
Hawkins asked if we are departing from the minimum percentage requirements
of the ordinance with the change in building materials. Franzen replied that the
proposal still meets the ordinance requirements.
Franzen reviewed the staff report. He indicated that Items 1-6 are taken from the
previous staff report. Item 7 includes items that the staff and proponent have
agreed upon but are not yet incorporated into the plans. Item 7A refers to the
landscape plan. Planting materials have not been determined by staff and the
urban design consultant. Item 713 refers to lights, street furniture and paving
patterns which will be part of the overall downtown scheme. Item 7C requests
that a proof of parking for 69 parking spaces be provided. Franzen indicated that
there is room on the west side of the site for the additional parking spaces. Item
7D relating to the NURP pond is being reviewed by the City's Engineering
Planning Commission
August 19, 1991 Page Three
Department. They do not anticipate that the size of the pond will change enough
to affect the site plan.
Norman suggested that Item 7C be changed to indicate that it is 69 additional
parking spaces. Doran explained that the 69 additional parking spaces were
primarily required for the expansion of Wal-Mart if and when that happens.
Franzen explained that Item 7E refers to the roadways throughout the site with
special paving patterns and concrete. He indicated that staff and the proponent
have agreed that the lighting will be located on every other median throughout the
site. He stated that the urban design consultant will determine what kind of
lighting will be used. Item 7F refers to monument signs which will be used for
directional purposes. The urban design consultant and staff will determine the
size and colors of the pylon sign referred to in Item 7G.
Sandstad asked how far from the property line the pylon sign would be located.
Franzen replied that it would be 20' from the property line.
Franzen explained that sight lines around the property will be reviewed to
determine if the satellite dish referred to in Item 7H will be visible. If visible
from the roof, it will be ground mounted. Norman asked if the satellite dish is
ground mounted, would it also be screened. Franzen replied that if it is located
in the loading area, it will be screened. Hawkins suggested that the language
from the last staff report be included in the conditions stating that it will be
ground mounted and located in the rear of the building and not visible from roads.
Franzen reported that staff was concerned that if it has to be on the roof, we
could end up with a 7',40 x 40 screen wall,and that would look worse than no
screening at all. In that case, it would be better to have it on the ground.
Hawkins indicated that the word"site"in Item 7H should be"sight".
Sandstad commented that Item 71 referring to a curved loading area wall was a
good idea and would open up the area.
Franzen reported that Item 7J regarding security lighting is an ordinance
requirement. Item 7K refers to bulk storage of materials. Staff does not want
fertilizer, etc. to be visible. Franzen summarized Items 7L - 7P referring to
internally lit signs, sidewalks,cart corrals,and cart storage.
Hawkins referred to the August 1 staff report which indicated that mechanical
rooftop units need to be screened and suggested that it be included in the
conditions for approval. Franzen replied that it would be a good idea to put it
•
Planning Commission Page Four
August 19, 1991
as part of the final motion for approval. It was noted that the staff report dated
July 31 should be dated August 2. Franzen stated that Item 7Q would be added
to refer to the screening of rooftop units.
Hallett asked if the public road issue was resolved. Franzen replied that it did
although it is not known how wide it will be or what the geometries will be. He
indicated that a traffic consultant is reviewing what the cost will be. Hallett asked
when the information would be available. Franzen replied that he hoped the
information would be available for the August 20 Council meeting. Hallett asked
if the proponent supported the public road. Doran replied that they do.
Sandstad indicated that he likes the building changes and asked the urban design
consultant if he is also pleased. O'Brien stated that nice modifications have been
made to the building to bring it into the theme of the area.
Hawkins asked if the previously discussed connecting sidewalk from Regional
Center Road to Singletree Lane was still being considered with stairs or steps.
Doran indicated that the urban design consultant has come up with a plan that will
eliminate the need for steps. Doran stated that he was unsure of the exact grade
of the sidewalk but indicated that it was manageable for pedestrians. Hawkins
asked if there was a sidewalk from the north end of the building up to Singletree.
Doran replied that there was.
Ruebling asked where the cart corrals would be located. Doran reviewed the
location of six cart corrals. Ruebling was concerned that it a fairly great distance
for the public to return their carts. Hawkins suggested that another cart corral be
•
added to the site plan.
MOTION
Moved by Sandstad, seconded by Norman to close the public hearing. Motion
carried 7-0.
MOTION
Moved by Sandstad,seconded by Bauer to recommend approval of the request for
Zoning District Change from Rural to C-Reg-Service subject to:
d 1. The recommendations of the staff report dated August 2, 1991.
1
Planning Commission '.
August 19, 1991 Page Five
2. Plans dated August 1, 1991 and August 19, 1991.
3. Item 7Q requiring that all rooftop units be screened.
4. Amend Item 7C to read 69 "additional"proof of parking spaces.
5. Change"site"to"sight" in Item 7H.
Motion carried 7-0.
V. OLD BUSINESS
Hallett asked if the large inflatable tire at Mark's Amoco on Flying Cloud Drive
was a permitted use. Franzen indicated it did not meet code and would be
removed.
Sandstad encouraged the City to review the possibility of a municipal golf course.
Sandstad recommended that ground cover be more flexible.
Ruebling hope that the City would pursue getting Wal-Mart turned around to face
U. S. 169.
Franzen discussed the cross access easement problem between Arby's and New
Horizon Day Care.
VI. PLANNER'S REFORM
None
VII. ADJOURNMENT
There being no further business,Chairperson Ruebling adjourned the meeting at
7:20 p.m.
1