HomeMy WebLinkAboutCity Council - 11/26/1991AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 26, 1991
COUNCILMEMBERS:
CITY COUNCIL STAFF:
7:30 PM, CITY HALL COUNCIL
CHAMBER
7600 Executive Drive
Mayor Douglas Tenpas, Richard
Anderson, Jean Harris, H. Martin
Jessen, and Patricia Pidcock
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, City Assessor Steve Sine
Police Chief Jim Clark, Director of
Inspections, Safety & Facilities
Kevin Schmieg, Director of Human
Resources and Community Services
Natalie Swaggert, Spencer Conrad,
Fire Chief, and Recording
Secretary Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. PUBLIC HEARINGS
A. 1991 Special Assessment Hearing (Resolution No. 91-240B)
Continued from November 5, 1991
B. 1992 Truth-in-Taxation Hearing - Proposed 1992 Property Tax
Levy and Budget (Resolution No. 91-258)
III. OTHER BUSINESS
A. Set Council Workshop Session for December 9. 1991
IV. ADJOURNMENT
-MEMORANDUM-
TO: Mayor and City Councilmembers
THROUGH: Carl J. Jullie, City Manager
FROM: Eugene A. Dietz, Director of Public Works
DATE: November 21, 1991
SUBJECT: Representative Appraisals
Sunrise Circle/Staring Lane/Ridge Road Neighborhoods
I.C. 52-203 and I.C. 52-205
Special Assessment Hearing
APPRAISAL RESULTS
As directed by the Council on November 5, we have secured an appraisal for two representative
properties in the above referenced neighborhoods. The intent of the appraisal process was not
to do specific appraisals for these two homes, but rather to do a representative appraisal for the
two neighborhoods that would give us a general indication about the increase in value due to the
improvements.
The attached appraisals indicate that the benefit to the neighborhoods is in the range of $11,000
to $15,000 for the improvements based upon a before ys after improvement analysis. The
"present value" of the proposed assessments (P-3 of the appraisal report) is $13,212 to $13,422.
This present value approach is appropriate because we are allowing an exclusion of the utility
portion of the assessment for a period of up to five years.
CONCLUSIONS
Since the appraisal process was intended to define generally the extent of increase in value due
to the improvements, it would be reasonable to conclude that the "average" increase in value is
$13,000 ($11,000 to $15,000). Since the "average" present value of the improvements is close
to $13,300 ($13,212 to $13,422) the assessments could justifiably be reduced by $300. This
reduction will probably be viewed by some property owners as only a "token" amount, however
it is responsive to the review process the council directed and this amount is addative to the
already substantial city participation in this project.
As noted in prior discussions, the City does benefit from these neighborhood improvements,
such as:
• Lower street and drainage maintenance costs.
• Eliminates potential leaking septic systems and ground water contamination.
• Preservation and enhancement of property values.
• Future connection charges and user fees that help pay for infrastructure.
MARKET STUDY
Sunrise Circle/Staring Lane Neighborhoods
Eden Prairie, Minnesota
N. Craig Johnson, MAI
N. CRAIG JOHNSON, MAI
REAL ESTATE APRALSER•CONSULTANT
November 22, 1991
•
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344
Attn: Mr. Gene Dietz, Director of Public Works
Re: Market Study,
Sunrise Circle/Staring Lane neighborhoods
Dear Mr. Dietz:
As requested, I have prepared a Market Study for the purpose of analyzing the impact
of special assessments upon residential market value In the referenced neighborhoods.
One residence in each neighborhood was selected as a representative property for a
Before and After valuation analysis; the estimated market values:
Property Before Value After Value
Sunrise Circle $ 75,000
$ 90,000
Staring Lane
$ 93,000
$ 104,000
My specific findings and supportive data are contained in the enclosed report.
Please advise if I can clarify any aspect of this Report or assist further.
Sincerely,
N. Craig Atinson, MAI
NCJAme
PO. Box 1385 • Minneapolis, Minnesota 55440 • 612/336-4200 • FAX 612/339-4352
INTRODUCTION
Property Identification
The appraised properties - also referred to herein as the Subject - consist of two
residences considered typical of the Sunrise Circle and Staring Lane neighborhoods.
Basic information:
Neighborhood: Sunrise Circle
Staring Lane
Property address: 15361 Sunrise Circle 9271 Staring Lane
PID #:
#21-116-11-31-0023
#21-116-22-43-0027
Owner of Record: Wiebold/French
Undholm's
Appraisal Issue
Each of these neighborhoods has recently been (1991) improved with permanent streets,
storm sewer, municipal water and sanitary sewer service. Prior to these improvements
the streets were gravel surfaced, and the sole source for water and sewage disposal were
private wells and septic systems.
The purpose of this appraisal is to estimate the benefit resulting from the public
improvements. This is best accomplished by estimating the Market Value of a property
Before and After the improvement, i.e.: the difference in the market value prior to and after
the public improvement indicates the value of the improvement's benefit to the property.
The properties cites above were selected as representative of each of the neighborhoods.
Market Value - Definition
Market Value, also referred to as Probable Selling Price, may be defined as the most
probable price which a property should bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller, each acting prudently,
knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title
from seller to buyer under conditions whereby:
1. Buyer and Seller are typically motivated.
2. Both parties are well informed or well advised, and each acting in what he
considers his own best interest.
.2-
3. A reasonable time is allowed for exposure in the open market.
4. Payment is made in terms of cash in U.S. dollars or in terms of financial
arrangements comparable thereto.
5. The price represents the normal consideration for the property sold
unaffected by special or creative financing or sales concessions granted by
anyone associated with the sale.
The property rights appraised consist of the Fee interest.
Scope of Report
The preparation of this report - unless exceptions are noted - included the following:
(a) verification of ownership and public record data,
(b) inspection of the property,
(c) consideration of economic, political, social, and physical factors influencing
the property,
(d) analysis of market data comparable to the property, as applicable, and
(a)
application of the appropriate valuation approaches.
Both properties have been owned by the present ownership for over three years. The
properties were inspected on November 8, 1991; the effective date of value is November
15, 1991.
Special Assessments
The special assessments are divided into two categories: (1) street and storm sewer, and
(2) water and sanitary sewer; the latter may be deferred on a non-accruing basis for up
to five years. If amortized, the interest rate is eight (8) percent Accordingly, the
assessments for each of the neighborhoods is as follows:
Sunrise Circle
Staring lane
Street portion: $ 9,401
$10,059
Water/sewer portion: 5,559
4,941
Total assessment: $15,000
$15,000
-3-
Inasmuch as the water/sewer portion may be deferred, the effective assessment is this
portion discounted @8% to reflect the present value (the present worth factor is .8805);
thus, the total effective assessments for each neighborhood are calculated below:
Sunrise Circle Staring Lane
Water/sewer present value: $ 3,811
$ 3,363
Add street portion: 9,401 10,059
Total: $ 13,212
$ 13,422
-4-
LOCATION
Community
Eden Prairie is a large (36 square miles), second tier suburb located eight miles
southwest of Minneapolis. As a political subdivision it anchors the southwest corner of
Hennepin County; its west boundary is Carver County, the east boundary is Bloomington.
It lies 11 miles southwest of downtown Minneapolis and 8 miles west of the International
Airport.
Eden Prairie grew slowly during the 1960's but rapid growth commenced in the 1970's
as the city extended utilities. Over the past decade growth has been rapid, with over
7,000 new housing units since 1978; the average housing (unit) price is $175,000 -
second highest in the Metro Area.
Eden Prairie's current population approaches 40,000 (an increase of over 100% since
1980) and is expected to grow at the rate of 2,000 persons per year. The median family
income is estimated at $50,000, ranking second in the Metro Area behind neighboring
Edina.
The geography of Eden Prairie is an extension of Minnetonka, Edina and West
Bloomington; wooded, rolling terrain characterized by creeks and several lakes.
The community's land use plan calls for a variety of low density residential districts with
primary commercial development confined to the major center area; located at the
confluence of Highways 494 and 212. The focal point of the major center area is Eden
Prairie Center, an 800,000 square foot regional shopping center developed by Homan.
As new highways have improved access, there has been considerable development
(office, retail, restaurants) within the surrounding "ring road" system.
Eden Prairie has also evolved as an employment center; the labor force is estimated at
approximately 20,000 persons. Major employers, dominated by "high-tech* firms, include
the following:
Firm
CPT
Lee Data
Gelco
Rosemount
Super Valu
School District & Vo-Tech
Institute
Northgate Computer Systems
Eaton/Char-Lynn
Fabri-Tek
MTS Systems
Produ /Services
Computers
Computers
Transportation & Leasing
Aerospace
Food
Education
Computer electronics
Hydraulics
Electronics
Hydraulics
Employees
900
500
900
1,500
700
600
500
700
400
800
-5-
600
1,000
700
600
400
500
450
450
250
McGlynn Bakeries
Magnetic Peripherals
Data Serv
Cooperative Power Association
Perkin - Elmer
Starkey Labs
American Family
Research, Inc.
Wilson Learning
Food
Computers
Computers
Utility
Instruments
Electronics
Insurance
Engineering
Adult Education
Commercial and industrial growth has been encouraged by the City's accessibility and
road systems. Interstate 494, the outer beitline, bisects the Northeast quadrant of the
city, continuing east to the International Airport (10 miles) and beyond into the eastern
Metro area Highway 169 is a limited-access 4 lane arterial functioning as a secondary
north-south expressway for the entire county; this also functions as Eden Prairie's western
boundary. Highways 212 and 5 extend southwest and west, respectively, from County
Road 62 (the east-west crosstown); Highway 212 is scheduled for expansion, and
Highway 5 is currently being upgraded - the latter extends west to Carver County. The
Crosstown expressway (County Road 62) functions as the city's northerly boundary and
terminates at Eden Prairie Road (County Road 4); this road is scheduled for upgrading
(to 4 lane status) from the 1-494 interchange to Eden Prairie Road.
Access within the community and to all sections of the Metro area is excellent. The
normal drive time to downtown Minneapolis and/or the International Airport is 20 minutes.
Growth Pattern
Eden Prairie is viewed as having a desirable combination of natural amenities and urban
services, providing an attractive area of residential development.
The number of residential housing units has increased dramatically from 1,685 units in
1970 to an estimated 12,000 units at this time. Because only 2/3 of the land area
designated for residential development is now absorbed, it is anticipated that the
escalated pace of residential development will continue.
Detached housing prices:
1991 (to datel
Average sale price: $ 160,598
$ 164,731
Median sale price: $ 132,500
$ 129,100
-8-
Eden Prairie's commercial and industrial growth has also been progressing at a rapid
pace with total commercial and industrial space in excess of 11,000,000 square feet
Most office development has taken place around the Eden Prairie major center area
(MCA), which is Eden Prairie's "downtown', and in the City West PUD.
Recent public service development complementing the city's rapid growth has included
a new high school building, a new Public Safety building, a community sports complex,
and an indoor ice arena as well as continued expansions of the trail and park system.
In summary, the economic and social trends continue to be strongly favorable.
Neighborhood
The appraised properties are located within the south-central sector of Eden Prairie in an
•area which is experiencing rapid residential development, chiefly in the form of upscale
detached housing priced in the $250,000-$500,000 bracket The immediate area
possesses the natural amenities (lakeshore, lake and creek view, river bluffs) to attract
and sustain high quality housing. The area is also conveniently accessed from existing
road systems.
The general neighborhood is situated between Red Rock and Staring Lakes, and are
accessed by Pioneer Trail (County Road 1).
There are two newer subdivisions now developing, adjacent to each neighborhood:
Boulder Pointe recently commenced development - it is to contain up to 190 detached
housing units, and Kingston Ridge, a subdivision containing 26 sites.
The immediate area is now approximately 75% developed.
The neighborhood is within two miles of the Eden Prairie Center area (regional shopping
center), and also within 2 miles of the major road systems (highways 494/212/169).
Employment centers and other points within the Metro area are convenient. The
neighborhood has park areas, and is convenient to schools, public services, and
convenience shopping, as both Pioneer Trail and Mitchell Road function as community
arterials.
There are no negative environmental influences present - the trend continues to be
favorable.
1NE W. SUNRISE CIRCLE SUNRISE CIRCLE NEIGHBORHOOD
0;
N N N y Y./C\
N V \
\\.7L C r -- \,/
•IMITCHELV ROAD/ SPRING ROAD r -
I I
PROPMED 2 B
4W-THT Lliteil 49
STARING LANE NEIGHBORHOOD
PROPOSE
WITH CU
2e STREET
El GUTTER-4 ,t.e.:1.!
.7-
THE VALUATION PROCESS
Cost Approach
The cost approach recognizes the estimated market value of the land plus the
depreciated cost of the improvements. Depreciation includes physical deterioration, plus
functional and economic obsolescence if applicable.
Income Capitalizatios Approach
This approach involves forecasting potential income, deducting applicable expenses and
capitalizing the estimated net income Into value using a capitalization rate appropriate for
the specific property under present market conditions.
Sales Comparison Approach
This approach is a direct comparison method of estimating value, involving the analysis
of market activity - sales of comparable properties - and from this deriving an indicated
value.
Reconciliation
The credibility of each approach is dependent upon the specific property, type, market
conditions and the adequacy of pertinent data. Theoretically, all three of the traditional
approaches should develop the same value if all relevant data were available and the
marketplace a perfect one. In the reconciliation process the appraiser/analyst weighs the
strengths and weaknesses in the various approaches, and accordingly, selects the final
value estimate.
In summary, the valuation approaches measure:
the cost to create minus depreciation,
the discounted value of future benefits, and
the indicated value based upon market prices of comparable real estate
The objective of the appraisal process is to convert costs, income and market indicators
into a defined value conclusion.
-8-
VALUATION
Sales Comparison Approach
There are - as discussed earlier - three conventional valuation approaches which merit
consideration. However, in the valuation of residential properties the Sales Comparison
Approach is regarded as the most credible because market activity is both constant and
well publicized, thus best reflecting the perceptions of the marketplace.
This approach is common to practically every appraisal because of the basic principle of
substitution, which establishes the premises that the value of a property tends to
approach the value indicated by the actions of informed buyers and sellers of comparable
real estate. Stated another way, this approach measures opportunity cost to acquire a
like property. The application of this approach involves the comparison of the subject
with similar properties recently sold, and in the process adjusting to the subject for
variances in location, condition and physical characteristics of the comparable sales.
In theory, the sale prices of the various comparables, after adjustments, tend to set the
range for the value of the subject. However, it should be noted that since real estate is
heterogeneous in nature, the adjustments sometimes must be made with considerable
subjectivity. Also, since properties cannot be compared as a whole, suitable units of
comparison (such as sale price per square foot of building area) may be the most
credible common denominator for comparative purposes.
In evaluating residential properties the most common unit of comparison is the price per
square foot of gross (above grade) living area.
Sales Data
The appraised properties are different in terms of style; thus, in the After situation, the
comparative sales reflect properties similar in style, age, and size. In the Before analysis
data is limited ot only a few sales; there were - during 1990 and 1991 (to date) only six
sales involving non-serviced residential properties. In selecting those most comparable
three were discarded because of atypical conditions of sale or substantive physical
variances in the sold property; thus, of the three sales considered reasonably
comparable, two reflect Ranch style houses, and the third a Split-foyer style - all located
in the Staring Lane neighborhood.
Adjustments
Each sale - Before and After - merit adjustments in order to relate their variances to the
appraised property. The most common areas of adjustment: location, site (size, view)
attributes, age/condition, square foot size, basement finish, garage type/capacity, special
features (deck, porches, fireplace, etc.), and allowance for the time lapse from the date
of sale.
-9-
The basis for adjustments in this appraisal:
Location: Most of the sales are rated equal; in one instance the neighborhood of
the Sale Comparable is considered superior by $5,000 - this indicates that the
general price level of the specific neighborhood Is 5-10% higher than the Subject
areas.
Site attributes: With respect to size an adjustment of 40 cents per square foot is
considered appropriate; other adjustments may reflect a wooded site, corner
location, etc.
Style: It is my observed opinion that - in this market area - traditionally styled one-
story (ranch/rambler) styled houses command a distinct premium over an
otherwise comparable bi-level/split foyer styled house. There are four primary
reasons: (1) the ranch style is more expensive to construct, (2) the floor area
often requires a larger site, (3) the ranch style has maximum utility (interior access,
remodeling potential, ease of expansion), and (4) the rambler - or ranch - style has
sustaining appeal.
Within Eden Prairie most moderately priced ranch houses were constructed during
the 60's; the bi-level style became popular as housing costs escalated in the late
70's; thus, the styles are not directly comparable in terms of age.
I consider an adjustment of $10,000 appropriate in this instance to reflect this
design variance.
Age/condition: Generally this adjustment reflects perceive depreciation as well as
condition.
Size: I consider an adjustment of $30.00 per square foot appropriate in order to
relate incremental differences to square foot area.
Basement Finish: This relates to the extent and reported quality of the space, e.g.:
a finished bath would merit an adjustment, as would a full walkout.
Garage type/capacity: Usually measured by $3,000 per stall, or - in this instance
$1,000 to reflect an oversized garage for the Subject (Sunrise Circle) property.
Other: Special features which usually indicate adjustments include decks and
fireplaces.
Time: The housing market has been relatively stable during 1990 and 1991,
reflecting a generally dormant economy; thus, an adjustment for time is not
indicated.
-10-
In this appraisal the comparable sales were considered generally comparable except as
noted; in the Before situation the individual well and septic systems of both the Subject
properties and the comparables are presumed to be In operative condition.
The adjustment charts for each property follow:
Comparable Data - Before Situation
15361 SUNRISE CIRCLe
ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO 3
Address 15361 Sunrise Clyde 15061 Ridge Road 15130 Ridge Road 9021 Staring Lane
PvoxkililyloSettIedt ..-..- .. Neighborhood Same Same
Sale Price $ - • • $87500 $90300 6 106,000
Price/Gross Llv.Area $ - $ 86.00 $85.00 $94.01) .
Data Source Inspection MLS Public Record Public Record
VALUE ADJUSTMENTS6-ThESCRIPT10tv DES 'ION • (-)AdiusL DESCRIPTION • (-)Acquat. DESCRIPRON • (-) Adjust.
Sales or Financing
Concessions
None None None
Date ot Sate/Time NIA 4190 1191 3/91
Location Average Equal Equal Equal
Silo View 30,000 SF/Good Equal 27,006 SF • 2.000 17,000 SF • 5,000
Design & Appeal 1-Sty Ranch Equal Equal SI .10,000
ConstructIon Duality Average Equal Equal Superior -5.000
kle 1964 1965 1963 1367 -10,000
Condition Average Superior -10.000 Superior -10,000 Near-new -10,000
Above Grade
Room Count
Gross Living Area
Total/ Bdrms/ Baths Total/ agar*/ Baths Total/ Bdrms/ Baths Total/ &lung Baths
-5.000
-8,000 5 3 1 5 3 1 5 3 1 6 3 2
1,014 Sq.FL 1,014 Sq.Ft. 1,014 Sq.St. 1.282 Sq.Ft.
Basement & Finished Rec. Room
Rooms Below Grade Walkout
Red Room,
Den, 112 Bath - 3.000
Rec, Room. Bk,
Full. WIG - 5.000
Aim Bk3s-
Bath - 5,000
Functional Utility Average Equal Equal Equal
Heating/Cooling FA/CA Equal Equal Equal
Garage/Carport 2. (Att.) 2- Alt • 1.000 1 - Alt • 2,000 2- All • 1,000
Porches, Patio, Porch
Pools. etc.
Deck Patio Fireplace
Appliance,
- 3.000
- 2,000
Net Ack. (total) /-/ $ 12,000 (-) $ 10,030 .(7) 802,000
Indicated Value
at Sublect $75590 9 76,300 $76000
BEFORE ANALYSIS: $ 75.000
-12-
15361 SUNRISE CIRCLE
ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3
Address 15361 Sunrise Circle 8409 itiawatha Avenue 14901 Scenic Heights Rand 7521 Westgate Trail
Proximity to Subject One Mile 1.5 Ntiles Same
Sale Price $ - $ 99000 $ 103.503 4, 101.500
Price/Gross Liv.Area $ - $91.00 $ 74.00 $ 94.00
Dale Source Inspection MLS MU MU
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION • (-1 Adjust. DESCRIPTION I
None
• (-) AdlusL DESCRIPTION )
None
• (4 Adjull.
Sales or Financing
Concessions
None
Date of Sala/Time NIA 2/91 6191 6/91
Location Average Superior -5.000 Equal Equal
SIMI/few 30,000 SF/Good 11,000 SF/Avg. .10,000 19.000 OP/Avg. .10.000 23.000 SF/Wooded • 3,000
Design & Appeal 1-sty Ranch Equal Equal Equal
Constructlon Ouality Average Equal Equal Equal
Aga 1964 1975 1954 1989
Condition Average Superior -15,000 Superior -10,000 Superb( -10403
Above Grade
Room Count
Gross Living Area
Total/ Bdrms/ Baths Total/ Bdrms/ Baths
- 1,000
Total/ Bdrms/ Baths
-10,000
Total/ &Ow/ Baths
.1.000
5 3 1 5 3 1 6 3 1 5 3 2
1,014 Sq.R. 1,092 Sq.F1. 1,400 Sq.FL 1,080 Sq.FL
Basement & Finished
Rooms Below Grade
Rec. Room
Walkout
Equal Rec. & [IAMB
No walkout
- 2.000 Rom Room,
Balk, Walkout
Functional Willy Average Average Average Average
-Healing/Cooling FA/CA FA/CA No C/A • 1.000 Equal
Garage/Carport 2. (Alt.) 2- Att • 1,000 1 - All • 3,000 2 - AU • 1.000
Porches, Patio.
Pools. etc.
Porch None • 2,000 Fireplace
Fenced Yard
- 4,060
- 2,000
Deck
Fireplace - 3,600
Net Ad). (total) (-) $ 8.000 (-) $ 14,000 (-) 9 10,000
Indicated Value
at Subject *91.000 $ 89,500 $ 91,500
AFTER VALUE: $ 90,000
Comparable Data - After Situation
As
-13-
9271 STARING LANE
ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3
Address 9271 Staring Lane E 15061 Ridge Road 15130 Ridge Road 9021 Staring Lane
Proxima), to Subject Neighborhood Same Same
Sale Pike $ - $ 87.500 $86,300 $ 108,000
Price/Gross Liv.Area $ - $ 86.00 . $ 85.00 $Ø4Q
Data Source Inspection MLS Public Record Public Record
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION • (-) Adjust DESCRIPTION • (-) AdjusL DP_sCRIPITON • (-)Adjust.
Sales or Financing
Concessions
None None None
Date ot Sale/Time 11191 4190 1191 3191
LOCagon Average Equal Equal Equal
Silo View 23.000 SF/Avg. 30,000 SF -3,500 Equal 17,000 SF/Comer
Design & Appeal WE - Avg. Ranch -10,000 Ranch -10,000 Equal
ConstruMion Quality Average Equal E01181 Equal
Age 1985 1962 .10,000 1963 • 10,000 1987
Condltion Good interior • 5,000 interior • 5.000 Equal
Above Grade
Room Count
Gross Urine Area
Total/ Bdrms/ Baths Total/ Wm/ Baths Total/ Bdrms/ Baths Total/ &lune Baths
-5,000
-8,000 5 2 I 5 3 1 5 3 I 8 3 2
1.020 Sq.Ft. 1.014 Sq.Ft. 1,014 Sq.FL 1,282 Sq.FL
Basement 8 Finished
Rooms Below Grade
800 SF
Finished
Rec. Room,
1/2 Bath • 3,000
Equal Equal
Functional Utility Average Equal Egtlig Equal
,.HeatinglCoollng FA/CA Equal Equal Equal
Garage/Carport 2. (Att.) Equal 1 -All • 3.000
Porches, Patio,
Pools. etc.
424 SF Dock Equal None • 1,500 No deck
Fireplace
• 1,500
- 3,000
Net Adj. (total) (.) S 5,000 (..) $ 9,500 $ 14,500
indicated Value
131 Subject 592.500
-
$ 95.800 a 93,500
BEFORE ANALYSIS: $ 93.000
-14-
.9271 STARING LANE
ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3
Address 9271 Staring Lane E 14185 Carmody Drive 17847 Cherry Drive 12135 Chesil*Im Lane
Proximity to Subiecl One Mite Three Mlles 1.5 Miles
Sale Price $ - $g7000 I S 99,000 S 94.930
Price/Gross LN.Area - $ 114.00 $110.00 107.00
Data Source Inspection /ALS/Inspection MI-3/111SPectlon
DESCRIPTION
None
• (-)Adjuat.
MIS/Inspection
DESCRIP1TON
None
• (-) Adjust. VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION • (-) Adjust
Sales or Financing
Concessions
None
Date ol Sate/Time 11/91 1/91 5/91 5/91
Location Average Superior - 5,000 Equal Equal
Silt View 23.000 SF/Avg. 10,000 SF/Avg. • 5,000 is.oao SHAvg. • " 500 11,030 SF/Avg.
Design & Appeal S/E - Avg. Equal
Equal
Equal
Equal
' Equal
Equal Construction Quality Average
Age 1985 1983 Equal 1980
Condition Good Equal Equal Equal
Above Grade
Room Count
Gross LMng Area
Total/ Bdrms/ Baths Total/ Bckms1 Baths
• 5,000
Total/ Bdrms/ Baths
.
• 3.500
Total/ &Inns/ Baths
• ,000
5 2 1 5 2 1 5 2 1 5 2 1
1,020 Sq Ft. 850 Sq.Ft. 900 Sq.Ft. TSB SqYt.
Basement & Finished
Rooms Below Grade
800 SF
Finished
Equal Equal Equal
Functional Utility Average Equal Equal Equal
Heating/Cooling FA/CA Na C/A • 1,000 Equal Equal
Garage/Carport 2. (Att.) Equal Equal Equal
Porches, Patio,
Pools. etc.
424 SF Deck Equal Fenced Yard.
Deck
.2,000 None • 1,500
Net Adj. (total) (•) $ 8,003 (.) 9 5,000 .) $10,500
Indicated Value
ol Subject $103,000 $104,000 $ 105,403
AFTER VALUE; $104.000
Comparable Data • After Situation
,ON
`109
ARK
EN
RILEY
LAKE PARK
PIONEER
PARK
SEAM.
CENTER'
-15-
CONCLUSION
As stated earlier, real estate is heterogenous in nature, and the market forces influencing
value are subject to continuous change; accordingly, the market is seldom in a state of
balance to the extent that precise correlation between dissimilar property types may
reasonably be anticipated. In this instance, while the adjustment factors were consistent
for both properties throughout the valuation process, the conclusions were-nonetheless -
unique to each property.
In summary, the concluded Before and After value conclusions:
Property Before Value After Value
15361 Sunrise Circle $ 75,000
$ 90,000
9271 Staring Lane $ 93,000
$ 104,000
N. Craig Jqtftfigbn, MAI November 22, 1991
15361 SUNRISE CIRCLE (SOUTHWEST)
15361 SUNRISE CIRCLE (SOUTHEAST)
9271 STARING LANE (SOUTHEAST)
maitio
ft-=-----Lr-:--:---ti.-----d,Aiswiar
NEIGHBORHOOD STREET SCENE
SUNRISE CIRCLE - SALE COMPARABLE #1
SUNRISE CIRCLE - SALE COMPARABLE #2
SUNRISE CIRCLE - SALE COMPARABLE #3
STARING LANE - SALE COMPARABLE #1
STARING LANE - SALE COMPARABLE #2
STARING LANE - SALE COMPARABLE #3
"AFTER" SALE COMPARABLE #1
"AFTER " SALE COMPARABLE #2
"AFTER" SALE COMPARABLE #3
CERTIFICATION
The undersigned does hereby certify the following, except as otherwise noted, in this
Appraisal Report:
1. I have inspected the property.
2. I have no present or contemplated future interest in the real estate that is
the subject of this Appraisal Report.
3. I have no personal interest or bias with respect to the subject matter of this
Appraisal Report or the parties involved.
4. To the best of my knowledge and belief the statements of fact contained in
this Appraisal Report, upon which the analysis, opinions and conclusions
expressed herein are based, are true and correct.
5. This Appraisal Report sets forth all of the limiting conditions (imposed by the
terms of my assignment or by the undersigned) affecting the analysis,
opinions and conclusions contained in this Report.
6. This Appraisal Report has been made in conformity with the Uniform
Standards of Professional Appraisal Practice and is subject to the
requirements of the Code of Professional Ethics and Standards of
Professional Conduct of the Appraisal Institute.
7. No one other than the undersigned prepared the analyses, conclusions and
opinions concerning real estate that are set forth in this appraisal Report.
8. The Appraisal Institute conducts a voluntary program of continuing
professional education for its designated members. As of the date of this
Report, I have completed the requirements of this continuing education
program.
9. My compensation is not contingent on an action or event resulting from the
analyses, opinions or conclusions in, or the use of, this Report.
10. The appraisal assignment was not conditioned upon a requested minimum
or specific valuation.
11. The use of the Report is subject to the requirements of the American
Institute of Real Estate Appraisers relating to review by its duly authorized
representatives.
12. I am currently licensed as a Real Estate Appraiser (Certified Federal
General) by the State of Minnesota; license #0400414.
ASSUMPTIONS AND LIMITING CONDITIONS
The certification of the Appraiser appearing in this appraisal report is subject to the
following conditions and to such other specific and limiting conditions as are set forth by
the Appraiser in the report:
1. The Appraiser assumes no responsibility for matters of a legal nature affecting the
property appraised or the title thereto, nor does the Appraiser render any option
as to the title, which is assumed to be marketable. The property is appraised as
though under responsible ownership and management. Existing liens or
encumbrances have been disregarded, and the property has been appraised as
though free and clear of existing indebtedness, unless otherwise stated in the
Report.
2. Any sketch in this Report is included to assist the reader in visualizing the property,
and the Appraiser assumes no responsibility for its accuracy. The Appraiser has
made no survey of the property. The legal description used in this Report is
assumed to be correct.
3. The Appraiser assumes that there are no hidden or unapparent conditions of the
property, subsoil, or structures which would render it more or less valuable. The
Appraiser assumes no responsibility to discover such factors. All mechanical and
structural components are assumed operable and of status standard for properties
of the type appraised unless stated otherwise; condition of all mechanical
equipment is considered commensurate with the conditions of the balance of the
improvements. No judgment is made relative to adequacy of insulation or energy
efficiency of the improvements; these are assumed standard for the appraised
property's type and age.
4. Information, estimates and opinions furnished to the Appraiser and contained in
this Report were obtained from sources considered reliable and believed to be true
and correct. However, responsibility for accuracy of such items furnished in the
appraisal is not assumed by the Appraiser.
5. Disclosure by the Appraiser of the contents of this appraisal report is subject to
review in accordance with the by-laws and regulations of the professional appraisal
organizations with which the Appraiser is affiliated.
6. The appraiser is not required to appear in court or give testimony by reason of the
completion of this assignment without predetermined arrangements and
agreements.
7. Neither all nor any part of the contents of this Report especially any conclusions
as to value, the identity of the Appraiser or the firm with which he is connected or
any reference to the American Institute of real Estate Appraisers shall be
disseminated to the public through advertising media, public relations media, news
media, sales media, or any other public means of communication without the prior
written consent and approval of the Appraiser.
8. This appraisal report and Its contents must be regarded as a whole and any
excerpts from this appraisal cannot be used separately and, if used separately,
invalidates this appraisal.
9. It is assumed that there is full compliance with all applicable federal, state and local
environmental regulations and laws unless noncompliance is stated, defined and
considered in the Appraisal Report.
10. It is assumed that all applicable zoning and use regulations and restrictions have
been complied with unless nonconformity has been stated, defined and considered
in the Appraisal Report.
it It is assumed that all required licenses, consents or other legislative or
administrative authority from any local, state or national governmental or private
entity or organization have been or can be obtained or reewcd for any use on
which the value estimate contained in this Report is based.
12. It is assumed that the utilization of the land is within the boundaries or property
lines of the property described and that there is no encroachment or trespass
unless noted within the Report.
13. It is assumed that all construction - if applicable - will be completed in accordance
with plans and specifications. The estimated market value is as of the Appraisal
date, as proposed, and if fully complete and operating at the projected levels of
income and expense.
14. The appraiser reserves the right to alter comments and conclusions if pertinent
facts - unknown during the appraisal process - become known subsequent to
completion of the Appraisal Report. Further, the estimated Market Valle is subject
to change over time - as may be dictated by market circumstances.
15. No responsibility is assumed for any hidden, unapparent, or apparent conditions
of or in the appraised real estate which render it more or less valuable; no
responsibility is assumed for (1) any toxic or contaminated material present in
either the site or structure(s), and (2) any consequences arising from the need for
flood hazard insurance.
16. Acceptance of and/or use of this Report constitutes acceptance of the foregoing
general assumptions and limiting conditions.
N. CRAIG JOHNSON, MAI
APPRAISING QUALIFICATIONS rat
EDUCATION
I Formal: Bachelor of Science. Economics, Macalester College, 1960
II Professional:
. Course I. A.I.R.E.A., University of Nebraska, (Principles)
• Course II, University of Chicago. (Urban)
• Course IV, A.I.R.E.A., University of Georgia, (Condemnation)
. Course VI, University of Chicago, (Income Property)
• Course VII, Al.R.E.A., University of Chicago. (Industrial)
. Graduate, School of Mortgage Banking, Northwestern University
• Numerous seminars and continuing education courses sponsored by professional associations
and real estate educational groups
PROFESSIONAL AFFIUATIONS
• Member, American Institute of Real Estate Appraisers (MAI)
• Certified Mortgage Banker, Mortgage Bankers Association of America (CMB)
• Minneapolis Area Association of Realtors
BUSINESS RESUME
. 1978-
. 1972-1978
. 1970-1972
. 1960-1970
EXPERIENCE
Private Practice: Real Estate Appraisal, Consulting, Feasibility Studies
Vice President; Senior Appraiser (1972-78); Senior Commercial Loan Officer (1972-
75); Manager Loan Marketing (1975-78); Manager Government Housing Division
(1975-78); Eberhardt Company, Minneapolis, Minnesota
Assistant Vice President, Conservative Mortgage Company, Minneapolis, Minnesota:
Manager Commercial Loan Division
Investment Analyst, Commercial Loan Officer, Real Estate Appraiser (Northwestern
National Life, Knutson Mortgage Corporation, Draper & Kramer, Inc.)
Actively engaged in the analysis and valuation of residential and income properties since 1963.
Clients include the following:
• State Farm Insurance Company
• Prudential Insurance Company
• Metropolitan Life Insurance Company
• Lutheran Brotherhood
• New York Life insurance Company
• First Bank Minneapolis, FBS Mortgage Corporation
• Norwest Bank - Norwest Mortgage Corporation
. Mortgage Guaranty Insurance Corporation
• Hennepin County, State of Minnesota
• University of Minnesota
• Numerous individuals, law firms, municipalities, government agencies, banks, savings institutions,
real estate developers and mortgage banking companies
NOTICE OF PROPOSED
PROPERTY TAXES
The Eden Prairie City Council will soon hold a public budget
hearing to vote on the amount of property taxes to collect to pay
for services the City will provide in 1992.
The property tax amounts below compare Eden Prairie's 1991
property taxes with the property taxes the City Council pro-
poses to collect in 1992:
1991 Proposed 1992 Increase from
Property Taxes Property Taxes 1991 to
$12,029,137
$12,469,474
3.66%
ATTEND THE PUBLIC HEARING
All Eden Prairie residents are invited to attend the public hear-
ing of the City Council to express their opinions on the budget
and the proposed amount of property taxes on:
Tuesday, November 26
7:30 P.M.
Council Chamber
Eden Prairie City Offices
7600 Executive Drive
Eden Prairie, MN
If the discussion of the budget cannot be completed, a time and
place for continuing the discussion will be announced at the
hearing.
You are invited to send written comments to:
City Manager's Office
Eden Prairie City Offices
7600 Executive Drive
Eden Prairie, MN 55344
Your Proposed Property Tax for 1992
THIS IS NOT A BILL - DO NOT PAY
The amounts shown below are being proposed by your county, city/town and school district.
LCOUNTRYSIDE DRIVE DEN PRAIRIE MN 553461.111
Property ID:aggillarta
Market Value for 1991 taxes:
Market Value for 1992 taxes:
109,100 HHSTD
109,100 HMSTD
The market values have already been finalized.
If you have any questions concerning them,
please contact your assessor.
Your county board of commissioners, your city council or township electors
and your school board will hold meetings soon to decide on the amount of
Property taxes to collect in 1992 to pay for services they provide. The
county board and city council or township electors will also discuss their
proposed budget for 1992 and the school board will discuss its budget for
the currant school year.
The first column of figures below shows the 1991 property tax you paid to
your county, city or town, school district and special taxing districts.
The second column of figures below shows the total amounts of property tax
your county, city or town, and school district will collect from you in 1992
if they approve the property tax amounts they are now considering. Any
upcoming referendums, legal judgments, natural disasters and special
assessments could result in increasing these amounts.
The amounts shown below for special taxing districts - such as watershed
districts - are the totals for all special taxing districts in which your
property is located. No meeting is required for these districts.
Your county commissioners, city council or township electors and school
board members invite you to attend their meetings at the times and places
shown below to express your opinions on the proposed property tax amounts
for 1992. If you cannot attend the meetings, you may send your comments to
the addresses listed below in the left column.
Property Property Increase Percent
Tax Tax or Increase Budget Hearing
You paid
Proposed
Decrease or Dates, Times
For 1991
For 1992
Over 1991
Decrease and locations
County of Hennepin
HENNEPIN COUNTY
A2400 GOVERNMENT CTR
MINNEAPOLIS MN 55487
348-3011
City of EDEN PRAIRIE
CITY OFFICES
7600 EXECUTIVE DRIVE
EON PRAIRIE MN 55344
937-2262
School District 272
EDEN PRAIRIE SCHOOLS
8100 SCHOOL RD
EON PRAIRIE MN 55344
937-3620
$452.31 $503.84 51.53 11.4% NOV 19, 1991 7:00 PM
COMMISSIONER BD ROOM
A2400 GOVERNMENT CTR
MPLS MN 55487
$316.00 $339.30 23.30 7.4% NOV 26, 1991 7:30 PM
CITY OFFICES
7600 EXECUTIVE DRIVE
EDN PRAIRIE MN 55344
$788.11 6867.15 79.04 10.0% DEC 09, 1991 7:30 PM
BOARD RM. ADMIN BLDG
8100 SCHOOL RD
EON ?RAIRIE MN 55344
No meeting required
No meeting required
$104.98 $83.78 -21.20 -20.2% No meeting required
Changes in Population
1989 1990 1991 1992
Residents 37,880 39,311 40,500 41,800
Employment 31.518 35.835 37.000
38.000
Total
69,398 75,146
77,500
79,800
Change in Residents +8.5% +3.8% +3.0% +3.2%
Change in Total +4.4% +8.3% +3.1% +3.0%
City of Eden Prairie 11/91
2
Public Works(17.5%) Public Safety(20.6%)
Community Development (9.0%) Parks & Rec.(14.5%)
Employee Benefits (9.8%)
General Government(12.5%)
Capital Projects(3.8%)
Debt Service(12.3%)
Public Works(16.4%)
Public Safety(20.4%)
Community Development(8.4%) Parks & Rec.(15.0%)
Employee Benefits(10.1%)
General Govemment(11.3%)
3
Debt Service (9.8%)
Capital Projects(8.6%)
Expenditures 1991
Proposed Expenditures 1992
Changes in Expenses
Actual Expenses
1989
1990
1991
1992
General Fund
$12,817,327 $14,150,640 $15,232,000 $16,088,500
Debt
$1.361.000 $1,967.000 $2,216.000 $2.338,000
$14,178,327 $16,117,640 $17,448,000 $18,426,500
% Change in Actual Expenses
% Change in Residents
% Change in Total Population
Constant Dollar Analysis
1990 = Base Year (Mpls./St. Paul CPI)
1989
13.7
3.8
8.3
1990
8.3
3.0
3.1
1991
5.6
3.1
3.0
1992
Adjusted Expenses
$14,759,638 $16,117,640 $16,889,664 $17,212,562
% Change in Adjusted Expenses
9.2
4.8
1.9
% Change in Residents
3.8
3.0
3.1
% Change in Total Pop. 8.3
3.1
3.0
City of Eden Prairie 11/91
4
1989 1990 1991 REVENUE % OF REVENUE % OF REVENUE I % OF AMOUNT TOTAL AMOUNT TOTAL AMOUNT I TOTAL 1992 REVENUE % OF AMOUNT TOTAL BUDGET REVENUES BY SOURCE GENERAL OPERATIONS NET TAXES FISCAL DISPARITIES STATE AID/HACA OTHER GOVERNMENTS LICENSES PERMITS,FEES,FINES INVESTMENTS FUND TRANSFERS MISCELLANEOUS TOTAL $7,955,880 56.1% $11,070,646 68.7% $12,029,137 68.9% $12,469,474 67.7% $296,788 2.1% $432,613 2.7% $647,890 3.7% $694,524 3.8% $1,259,097 8.9% $156,228 1.0% $25,373 0.1% $81,002 0.4% $187,983 1.3% $234,157 1.5% $208,000 1.2% $261,800 1.4% $110,478 0.8% $142,413 0.9% $131,300 0.8% $130,000 0.7% $3,734,581 26.3% $2,433,779 15.1% $2694,300 15.4% $2,677,000 14.5% $103,999 0.70,4 $166,620 1.0% $110,000 0.6% $150,000 0.8% $355,000 2.5% $382,219 2.4% $1,060,000 6.1% $1,520,700 8.3% $174,521 1.2% $1,098,965 6.8% $542,000 3.1% $442,000 2.4% $14,178,327 100.0% $16,117,640 100.0% $17,448,000 100.0% $18,426,500 100.0%
Changes in Revenues
Actual Revenues 1989
1 990
1991
1992
Net Taxes
Other
% Change in Actual Revenues
% Change in Residents
% Change in Total Pop.
$7,955,880 $11,070,646 $12,029,137 $12,469,474
$6,222,447 $5.046.994 95.418.863 $5.957.026
$14,178,327 $16,117,640 $17,448,000 $18,426,500
13.7
3.8
8.3
8.3
3.0
3.1
5.6
3.1
3.0
Constant Dollar Analysis
1990 = Base Year (Mpls./St. Paul CPI)
1989
1990
1991
1992
Adjusted Net Taxes $8,282,071 $11,070,646 $11,644,205 $11,647,985
% Change in Adjusted Net Taxes 33.7
5.2
0.03
c/o Change in Residents 3.8
3.0
3.2
% Change in Total Pop. 8.3
3.1
3.0
City of Eden Prairie 11/91
6
Major Property Class Rate Changes
Pay 91 Pay 92
Homesteads $0 - $68,000 1.0%
$0 - $72,000
1.0%
$68,001 - $110,000 2.0%
$72,001 - $115,000
2.0%
$110,001 + 3.0%
$115,001 +
Apartments 3.6%
3.5%
Commercial/Industrial $0 - $100,000
3.2%
$0 - $100,000
3.1%
$100,001 + 4.95% $100,001 + 4.75%
City of Eden Prairie Tax Capacity (Taxable Value)
Gross Value $73,273,891
$69,676,140
Less:
Fiscal Disparity $14,368,852
$14,421,779
T.LF. U .725.876
$1.521,637
Net Value $57,179,163
$53,732,724
(6% less than Pay 91)
7
City of Eden Prairie(19%)
ISO No. 272(48%)
Hennepin County(28%)
Misc(5%)
Proposed
Taxes Payable 1992
Tax Rata,
Pay 91
Pay 92
Eden Praia* 21.039% 23.208% +10.3%
ISD No. 272
51.425%
58.800% +14.3%
HannopIn County 30.114%
34.483% +14.4%
false
1.22.21 8.24,11 :22.12k
Total
110.819% 122.714% +10.9%
City of Eden Prairie 11/91
8
Value Ranges for Residential Properties for 1991
man=
$ 0 to 75,000
75,001 to 100,006
100,001 to 125,006
125,001 to 150,006
150,001 to 175,006
175,001 to 200,000
201,000 to 300,000
300,001 to 400,000
400,001 to 900,000
1 I I 1 I 1 I 1 I I I I I I f I 1 I I
0 500 1000 1500 2000 2500 3000
Number of Housing Units
Value Range of Propoillis % orrotat
$ 0 to 75,000 2,1 0 2 17.51%
75,000 to 100,000 2,9 7 5 24.78%
100,001 to 125,000 2,7 8 0 23.15%
125,001 to 150,000 1,5 7 5 13.12%
150,001 to 175,000 952 7.93%
175,001 to 200,000 521 4.34%
200,001 to 300,000 782 6.51%
300,001 to 400,000 21 2 1.77%
400,001 to 900,000 1 08 0.90%
Totals 12,007 100.00%
Residential Properties include single family, townhouse, condo, twinhomes,
and double bungalows. Apartment properties are not included.
OVERALL TAX IMPACT
(Residential)
Market-Value
HOMO:
1991
Tax
$553
Proposed ifiii
Tax
$614
$ increase
$61
% increase
11.0% $50,000
$75,000 $907 $957 $50 5.5%
$100,000 $1,466 $1,571 $105 7.2%
$125,000 $2,179 $2,246 $67 3.1%
$150,000 $3,009 $3,013 $4 0%
$175,000 $3,838 $3,780 -$58 -1.5%
$200,000 $4,668 $4,547 -$121 -2.6%
$300,000 $7,986 $7,614 -$372 -4.7%
$400,000 $11,304 $10,682 -$622 -5.5%
Tax Capacity Rate Used for Proposed 1992 Tax
122.714%
Tax Capacity Rate Used for 1991 Tax
110.613%
11/91
10
Maiket-Vhfue
Home
CITY TAX LEVY
$50,000
$105 • $116
$11
10.5%
$75,000
$173
$181
$8 4.6%
$100,000
$278
$297 $19 6.8%
$125,000
$414
$425
$11
2.7%
$150,000
$572
$570 -$2 0.0%
$175,000
$730
$715 -$15 -2.0%
$200,000
$888
$860 -$28 -3.2%1
$300,000 $1,519 $1,440 -$79 -5.2%
$400,000 $2,150 $2,020 -$130 -6.0%
Tax Capacity Rate Used for Proposed 1992 Tax
23.208%
Tax Capacity Rate Used for 1991 Tax
21.039%
City of Eden Prairie 11/91
11
'Market Value
(Apartment)
`,.POPes40 $ Increase % Increase
.1082 Tat.
OVERALL TAX IMPACT
(Commercial/Industrial/Apartment)
Market Value
(Comperelet or
IndustrliI)
Tax
ad,
1992 Tax
$ Inc rease' % Increase
$100,000 $5,374 $5,709 $335 6.2%
$500,000 $26,868 $28,643 $1,675 6.2%
$1,000,000 $53,736 $57,086 $3,350 6.2%
$100,000 $3,982
$4,295 $313 7.9%
$500,000 $19,911 $21,475 $1,564 7.9%
$1,000,000 $39,821 $42,950 $3,129 7.9%
11/91
12
CITY TAX IMPACT
(Commercial/Industrial)
Markef*ValUe ity Tax 4
(Commettial or Pay 1991.. Proposd 199 2 Chan9e Change
Industrial)
$1,000,000 $10,210 $10,846 8636 6.2%
Market-Value
(Apartment)
City Tax
Pay 1991
ity Tax -
Proposed 1992
$
Change
56
Change
81,000,000 $7,566 $8,161 $595 7.9%
11/91
13
From the Checkbook Register of an Eden Prairie Homeowner
RECG:z0 ALL CHARGES OR CREDITS THAT AFFECT YOUR ACCOUN T
,49EPI CAE, t; DESCRIPTION Or NYANSACTION , PAYMENY,ICIPINT E .r AN POINT/CREOU
1.1
-- S
23 1 4 ; 14o rtiames di. ik424iwet Cktb 1
4 owmil svetkwasaid,
s
44
wi_ s s
1116 ;; tar an C.aiate.Il
1424414,3taisL_____I
I' 2. :52.
2911. A.S Wes+ CommuKicktions :
' M oftiii0etv ice
6 44
J
2-911 IliT VI
Limtr-a4-kince iiills
2.0 42.
F 211 Minn cue ' 51 o o 1
tuitiatflitni 54sirserit______: ' !--i.
2.720 ;r1.11'( OF Deo lud tte. I
t,Qkni4 t.xSAgnkcs______i
35i 43 ;
1
311 -70: ; ;
' '
'
424 I Star "rr ilo ant , ; .
GiwlsAy s_st.ifiiirh_,.
3.72.7. ; Mitylfsiteroicss geFiase. ; 2.4
! ; tilowik4 1 bArikit/iii IL ' '
24231
I
2924 \Asp ! w.
t t 726 1 . St. lArke5 CikkAra.• : MN 114V. !
2724 Mal 1 Siveet Coarrati
REMEMBER TO RECORD AUTOMATIC PAYMENTS! DEPOSITS ON DATE AUTHORIZED.
($125,000 Homestead Value)
14
MEMORANDUM
To: Mayor and Council
Through: Carl Jullie, City Manager
From: Steve Sinell, Director of Assessing_14-
Subject: 1991 pay 1992 tax capacity and tax levy information for
the proposed payable 1992 truth in taxation statements.
Date: September 13, 1991
Real Estate
Personal Property
Net Tax Capacity
Fiscal Disparity
Contribution
Tax Capacity
$68,180,718
$ 1.495.422
$69,676,140 (Before adjusting for fiscal
disparities, HACA, and TIF)
-$14,421,779 (in net tax capacity, this number
has been adjusted by 95.960%)
TIP captured tax
capacity -$ 1.521.637 (in net tax capacity)
Adj Net Tax Capacity $53,732,724 (to be used in developing rate
for truth in taxation notice.)
Tax levy $13,245,000
Fiscal Disparity
Distribution -$ 694,524 (equivalent to $3,301,126 in
unadjusted tax capacity x the
1991 Eden Prairie rate of 21.039%)
HACA -$ 81.002
Adj Tax Levy $12,469,474
Adjusted Tax Levy divided by adjusted Net Tax Capacity equals Tax
Rate.
$12,469,474/$53,732,724 = 23.208% (tax rate per Hennepin County
Calculations. Due to rounding of values our calculation would be
23.207%.)
The fiscal disparities distribution in tax capacity is before the
state mandated adjustments. $3,301,126 x 95.96% or $3,167,761 is
the adjusted fiscal disparities distribution in tax capacity that
will be used for state aid calculations and other calculations.
The summary numbers that will be reported in Department of Revenue
reports are the adjusted numbers of $3,167,761 for distribution and
$14,421,779 for contribution.
The tax rates that will be used for the truth in taxation
statements are:
City of Eden Prairie
School District 270
School District 272
School District 276
Hennepin County
Miscellaneous
23.208%
61.288%
58.800%
64.114%
34.463%
6.243%
HACA Homestead and Agricultural Credit Aid
TIF= Tax Increment Financing
TrthRATE
November 13, 1991
City of Eden Prairie
City Offices
7600 Executive Drive
Eden Prairie, MN 55344
To Whom It May Concern:
I am writing you concerning my proposed property taxes for 1992.
I do see that my City taxes will go down by $46.35 (1,373.84 paid
for 1990 and 1,327.49 for 1991). I feel that is no where near the
amount my taxes need to be decreased. Government spending is out
of control and frankly, more fiscal responsibility needs to be
implemented.
I am a 33 year old resident of Eden Prairie. My family consists
of my wife, LeAnn, and 2 children, Tony and Anna. I have owned my
own company for over 13 years. I have worked very hard and saved
my of money over that time. We finally found what we consider to
be a very nice neighborhood and a good location to raise our
family. We purchased our house last year and I barely made enough
money to squeak by. Now a year later, it is my excessive property
taxes that is the burden on me and my family to the point of not
being able to improve our financial position.
I am writing to you to appeal to your sense of fairness. I pay
over $7,000 per year for property tax. That is nearly $700 a
month. In my last house in Eden Prairie, I paid 1,300 per year,
or just over $100 per month. I can understand some differential
in tax rates but nothing to this degree. After all I receive no
additional city services for the additional $5,700 increase in my
property tax.
I realize you do not set the State policy and property tax
structure, however you do have control over the city budget.
Maintaining and holding costs to a small decrease is no longer
acceptable. It is time to become more fiscally responsible and
cut the budget by double digit percentages. Why not have the city
government reduce or eliminate some services and provide some tax
relief for city tax payers. I am one citizen that would be happy
to get by with much fewer city services and a more reasonable tax
bill, you are after all representing me and my family.
Gre g
8899 Hidden Oi:KS Drive
Eden Prairie, MN 55344
41;t= sL/je ,
Mr)
1w4AA6-eiA.1-7-4- e014,„
l'IL,L04LtIta4-;
cf' C.LiZatil CLI4A,-49-"2
/1C414-?t. irl9L 7C2A0L-P-'-`f
7 G•CQZL-1°
Of +.qa94443#
4'EC12 410 1/ n .7 1991
.2 go-C -1-0-04A-
tr-173(1_,f7-bli, 3g cf--b-5-
117,(-1-&• 117/
tg-1/6-Aa,-JA-oz3 3
_
4_ ,A4-sa-V-Or-
0,60 C. JA
tiVjL--XZ, taICj'A-1‹._5
t44G..1 7tC-C
N-CzLt4-1_4- .2-4k j4-`4-4-e-Y
- -
• &A:15 -2=W=L- (4-4-elrv--4 E:
I -444t 4(1446( 14-1 fi-Cd AL
*A-
,trto„ m tv,
;plat , o 464:04 t 1 N>J75-344-1 -
EC NOv 20 1997
Steven L. and Elvin A. Roth
6783 Lochan bur Road
Rden Prairie, M: 55346
November 18, 1991
City of Eden Prairie
City Offices
7600 Executive Drive
Eden Prairie, MN 55344
Subject: Proposed property tax increase - Property ID 06-116-22 32 0051
To Whom it may concern,
This letter is in protest to the 29.3% property tax increase that is being
proposed for our residence. We do not believe that such an increase is
necessary.
Our property value has increased due to the addition of a 3-season porch,
but the percentage of the increase is approximately half of the proposed
tax increase. We fail to see the logic in this. It seems that the tax
increase is way out of proportion.
Please register this complaint and evaluate the fairness of a 29.3%
property tax increase. If nothing else, could you explain why such a
large increase is being proposed?
Sincerely,
Steven L. Roth / Dawn A. Roth
BOIVIA
INNEAPOLIS
121S. 8th Street, E lite 610 Minneapolis, Minnesota 55402-2841 Ae
p
h
o
n
e
:
6
1
2
/
3
3
8
-
8
6
2
7
F
a
x
:
6
1
2
/
3
4
0
-
9
7
4
4
November 18, 1991
City Council
City of Eden Prairie
7600 Executive Drive
Eden Prairie MN 55344
Dear Council Members:
Please accept this as our written testimony
f
o
r
t
h
e
T
r
u
t
h
i
n
T
a
x
a
t
i
o
n
Hearing for your City on November 26, 1991.
Our Association consists of the owners and m
a
n
a
g
e
r
s
o
f
m
o
r
e
t
h
a
n
3
5
million square feet of office space in the
M
i
n
n
e
a
p
o
l
i
s
a
n
d
S
u
b
u
r
b
a
n
area, including a number of buildings in yo
u
r
C
i
t
y
.
Our membership is very concerned about the e
x
t
r
e
m
e
l
y
a
d
v
e
r
s
e
e
c
o
n
o
m
i
c
conditions now confronting our industry. Du
e
t
o
t
h
e
e
x
c
e
s
s
o
f
o
f
f
i
c
e
space on the market at this time and greatly
r
e
d
u
c
e
d
a
b
s
o
r
p
t
i
o
n
o
f
space due to the recession and other factor
s
,
v
a
c
a
n
c
i
e
s
a
r
e
h
i
g
h
a
n
d
rents are depressed, and market values are
d
e
c
l
i
n
i
n
g
r
a
p
i
d
l
y
a
s
t
h
e
outlook for any near term improvement of t
h
e
s
i
t
u
a
t
i
o
n
d
i
m
s
.
T
h
e
problem is compounded by a tax classificati
o
n
r
a
t
e
s
t
r
u
c
t
u
r
e
t
h
a
t
places the property tax burden on commercia
l
p
r
o
p
e
r
t
i
e
s
i
n
M
i
n
n
e
s
o
t
a
among the highest in the nation.
Many of our member buildings are at this ti
m
e
s
t
r
u
g
g
l
i
n
g
f
o
r
survival. Budget cutting and belt tightenin
g
i
n
e
v
e
r
y
c
o
n
c
e
i
v
a
b
l
e
w
a
y
is being pursued. We know that you too in m
a
n
a
g
i
n
g
t
h
e
a
f
f
a
i
r
s
o
f
t
h
e
City are dealing with scarce resources and d
e
m
a
n
d
s
f
o
r
i
m
p
r
o
v
e
d
services. However, we would ask as you fina
l
i
z
e
y
o
u
r
b
u
d
g
e
t
deliberations, that you use the maximum rest
r
a
i
n
t
p
o
s
s
i
b
l
e
i
n
s
p
e
n
d
i
n
g
decisions, for the sake of our members and a
l
l
o
f
t
h
e
t
a
x
p
a
y
e
r
s
i
n
t
h
e
City.
Thank you and good luck in this important
p
r
o
c
e
s
s
.
W
e
s
t
a
n
d
r
e
a
d
y
t
o
assist you in any way we can to make the Ci
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
a
b
e
t
t
e
r
place to live and do business.
Yours truly,
Kent D. Warden,
Executive Director
KDW:sg
CX ,CERS 1991 92
DIPtCT3C6
Ki
,jum, w .r,w6i-cv
Pr Awe.
At, JC,-.N:UNI.
IT-n-
proffritLD 0 L 2.2.-00-u) Miapte il: W . /sort_
/..s--ea AI. Ede^ Dr.
e'cl pr.A; el • 6-53144
Prot e• n -?1-7 7yeS
1-1105 te111-0 S A 6..1 hL 2oe,-,i.J ;
:I- .441- el•Ae441.1 • r .41-"Ze-rwa-r."'
/U•i•fret4.4-- ;treit.e0
'yr-LA- (Alto- 4-44;cue- ap4.0,61.,toT 24 agi,
f.ter-4-cleee 7% ..;,te-t- 1,-, /99.1—
7 ,k ...(-)14-14.70/154
40.44 / et t 4..64% 4.1A.• 0449 /24914
4-44. Al-elArrt-s2 , Ple-e2t-ere-0 171a•see.
/CApt e fa.417— ,z47;;;72
t - • 0 it4- Ac4.2.e 72re!".4--
i2 4" 4, rid-et; 40,-119 77 e•I•c ,
42z, 44 7L 4p i'-1rzi,i7 a-ne•(' • , 3-:a,-tki-•-
Gela-4- 1 1 L4f 1 9 (
/97 .4n1.- 474.4-
7*2 c444.-C ;•n) otie / 3 6;;k .t:ft
cewr 47a-ez- .6e4- 44770, 4.2,,L11 44/el •AC D7C.,
199(.{5.2eui A;p.c-uz0424,4- ifez4-74-
gy4044-:
1q 0 7 —1/7 119 igyg
i f?" ---//06/
pr,prosei )9 4?)---1 /3
C14- yo-o-z;44- if4 A- ..kruf aiao4k2
- '0-1- a eAtL4A- 7Yir 4I4 •d/Le-14e 11, 9e*
it,tel`-' a t 77-td—L1-11 • -e )Ji &Lie
j)
r4J-4L *11 ade7-7v 071, 41,- te:
aik 41,t- le z e1 y 17 Itidia-o-
Your Proposed Property Tax for 1992
THIS IS NOT A BILL - DO NOT PAY
The amounts shown below are being proposed by your county, city/town and school district.
WAYNE N & SUSAN M WILSON
Property ID: 04-116-22 22 0020
15900 N EDEN OR
EDEN PRAIRIE MN 55346-1518
Market Value for 1991 taxes: 90,400 HMSTD
Market Value for 1992 taxes: 90,400 HMSTD
The market values have already been finalized.
If you have any questions concerning them,
please contact your assessor.
Tour county board of commissioners, your city council or township electors
and your school board will hold meetings soon to decide on the amount of
property taxes to collect in 1992 to pay for services they provide. The
county board and city council or township electors will also discuss their
proposed budget for 1992 and the school board will discuss its budget for
the current school year.
The first column of figures below shows the 1991 property tax you paid to
your county, city or town, school district and special taxing districts.
The second column of figures below shows the total amounts of property tax
your county, city or town, and school district will collect from you in 1992
if they approve the property tax amounts they are now considering. Any
upcoming referendums, legal judgments, natural disasters and special
assessments could result in increasing these amounts.
The amounts shown below for special taxing districts - such as watershed
districts - are the totals for all special taxing districts in which your
property is located. No meeting is required for these districts.
Your county commissioners, city council or township electors and school
board members invite you to attend their meetings at the times and places
shown below to express your opinions on the proposed property tax amounts
for 1992. If you cannot attend the meetings, you may send your comments to
the addresses listed below in the left column.
Property
Tax
You paid
For 1991
Property
Tax
Proposed
For 1992
Increase
or
Decrease
Over 1991
Percent
Increase
or
Decrease
Budget Hearing
Dates, Times
and locations
8339.68 $374.95 35.27 10.41 NOV 19, 1991 7:00 PM
COMMISSIONER BD ROOM
A2400 GOVERNMENT CTR
MPLS MN 55487
$237.31 $252.50 15.19 6.41 NOV 26, 1991 7:30 PM
CITY OFFICES
7600 EXECUTIVE DRIVE
EDN PRAIRIE MN 55344
*617.07 $672.39 55.32 9.01 DEC 05, 1991 7:00 PM
EISENHOWER COMM CTR
BOARD & CONF ROOM
1001 HIGHWAY 7
HOPKINS MN 55343
No meeting required
No meeting required
$78.84 862.35 -16.49 -20.91 No meeting required
County of Hennepin
HENNEPIN COUNTY
A2400 GOVERNMENT CTR
MINNEAPOLIS MN 55487
348-3011
City of EDEN PRAIRIE
CITY OFFICES
7600 EXECUTIVE DRIVE
EON PRAIRIE MN 55344
937-2262
School District 270
EISENHOWER COMM CTR
1001 HIGHWAY 7
HOPKINS MN 55343
933-9250
Special Taxing Dist
Fiscal Disparity
Tax Increment
Other Districts
Totals:
$1,272.90 $1,362.19
89.29 •
7.01
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 19, 1991
COUNCILMEMBERS:
CITY COUNCIL STAFF:
7:30 PM, CITY HALL COUNCIL
CHAMBER
7600 Executive Drive
Mayor Douglas Tenpas, Richard
Anderson, Jean Harris, H. Martin
Jessen, and Patricia Pideock
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
PRESENTATION OF THE HERITAGE QUILT BY EDEN PRAIRIE
SENIORS
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. City Council meeting held Tuesday. November 5. 191
B. City Council/Staff Workshop held Tuesday. November 12 1991
CONSENT CALENDAR
A. Clerk's License List
Page 2379
Page 2391
Page 2392
City Council Agenda
November 19, 1991
Page Two
Page 2:' B. CITY CODE AMENDMENT (PUD CONCEPT AREA
MINIMUM OF 15 ACRES) by City of Eden Prairie. 2nd
Reading of Ordinance 24-91 amending City Code Chapter 11,
Section 11.40, Subdivisions 6 and 11 relating to PUD Concept
Area minimum of 15 acres and Findings Required respectively;
Adoption of Resolution 91-220, Authorizing Summary and
Ordering Publication of Ordinance 24-91. (Ordinance No. 24-
91 - PUD Concept, Resolution No. 91-220 - Summary and
Publication)
C. Final Plat Anaroval of Fairfield of Edon Prairie 7th Addition
(located north of Cedar Ridge Elementary School and south of
Chicago and NW Railway (Resolution No. 91-255)
D. BLUFFS EAST 11TH ADDITION by Hustad Development
Corporation. 2nd Reading of Ordinance 28-91-PUD-9-91,
Zoning District Change from Rural to R1-9.5 on 2.43 acres and
R1-13.5 on 1.8 acres; Approval of Developer's Agreement;
Adoption of Resolution 91-230, Authorizing Summary and
Ordering Publication of Ordinance 28-91-PUD-9-91; 12 single
family lots and road right-of-way to be known as Bluffs East
11th Addition. Location: North of Bluff Road, west of Falcons
Way. (Ordinance No. 28-91-PUD-9-91 - Zoning District
Change; Resolution No. 91-230 - Summary and Publication)
E. Approve Contract Format for Use of Community Center
F. Proposed Study Regarding Water Elevation of Glen Lake,
Shady Oak Lake. and Birch island Lake
G. SOUTHWEST SUBUR OMMISSION - 1991
CATV Relief Extension. Adoption of Resolution No. 91-242
Approving Settlement with the Grantee under the City's Cable
Communication Franchise Ordinance Regarding Revisions to
and Extension or Certain terms of the CAIN Relief Ordinance
as Amended, Based Upon Enactment of the Local
Programming Restructuring Ordinance and Modifications to
Other Related Agreements; 1st Reading of Ordinance No. 37-91
Repealing the CATV Relief Ordinance, Ordinance No. 12-85,
and CATV Relief Ordinance Amendment, Ordinance No. 57-
88, Providing for the Continuance of Certain Aspects of the
CATV Relief Ordinance, As Amended, and Restruturing the
Manner in which Local Programming is Funded; Approval of
Restated Performance Agreement; Approval of Consent
Agreement and Guaranty of Performance
Page 2397
Page 2399
Page 2407
Page 2431
Page 2438
City Council Agenda
November 19, 1991
Page Three
purcuc HEARINGS
A. VACATION NO. 91-09. Right-of-Way for part of Baker Road
(located In 3. TownshIp 116 Rnnae 22W) (Resolution
No. 91-256)
B. VACATION NO, 91-10. Part of the Drainage and Utility
Easement on Lot 7. Block 2. Amsden Hills Third Addition
(Resolution No. 91-257)
V. PAYMENT OF CLAIMS
VI. ORDINANCES AND RESOLUTIONS
VII. PETITIONS. RF.OUFSTS AND COMMUNICATIONS
A. Request to Consider Purchase of Five Parcels West of Eden
Road (Continued from November 5, 1991)
REPORTS OF ADVISORY BOARDS. COMMISSIONS &
COMMITTEES
IX. APPOINTMENTS
A. Southwest Metro Transit Commission (SMTC) - Appointment of a Councilmember to serve on the Southwest Metro Transit
Commission for a three-year term commencing January 1. 1992
to December 31, 1994
B. South Hennepin Regional Citizens Advisory Commission
- Appointment of Iwo representatives, one for 1992. and one for
1992-1993
X. REPORTS OF OFFICERS
A. Reports of Counrilmembers
1. Truth-In-Taxation
B. Report or City Manager
1. Permit Process Regarding Fill West or Prairie Center
Ilrhe
XL OTHER BUSINESS
XII. ADJOURNMENT
Page 2470
Page 2474
Page 2478
Page 2489
Page 2493
Page 2494
EDEN PRAIRIE CITY COUNCIL
UNAPPROVED MINUTES
TIME:
8:00 PM Tuesday, November 5, 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. 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
All Councilmembers present. (Mayor Tenpas arrived at
8:10 PM)
Acting Mayor Richard Anderson called the meeting to order at 8:00 PM.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION
Pidcock moved, seconded by Harris, to approve the agenda.
Harris requested three items be added to X.A. Reports of
Councilmembers: (1) Truth in Taxation; (2) Correspondence on Outdoor
Advertising; (3) Bluffs Road Appeal. Pidcock added one item: (4)
Commendation to City Staff for Snow Removal Efforts. Jessen added (5)
Martin Luther King Day Observance.
Agenda approved as amended 4-0.
II. MINUTES
A. City Council Notes from Meeting held October 14. 1991
MOTION
Harris moved, second by Pidcock, to approve Notes from City Council
held October 14, 1991.
Motion approved 4-0.
Eden Prairie 2
November 5, 1991
City Council Minutes Unapproved
B. City Council Minutes from Meeting held Tuesday. October 15. 1991
MOTION
Pidcock moved, seconded by Harris, to approve the minutes of the
Regular City Council meeting held Tuesday, October 15, 1991.
Jessen noted that on Page 6 of the minutes, there had not been a
second to the motion regarding Resolution No. 91-237 concerning the
Windslope Apartments. Pidcock said she had seconded that motion.
Motion to approve the Minutes as amended approved 4-0.
C. City Council Minutes from Meeting held Tuesday. October 22. 1991
MOTION
Pidcock moved, seconded by Harris, to approve the Minutes of the
City Council meeting held Tuesday, October 22, 1991.
Jessen requested a correction on Page 10 of the minutes. The last
sentence in the second paragraph should read: "Jullie said the
prospectus was available to staff at the time the proposal was
discussed but was not available to Council at that time."
Motion to approve the Minutes as amended approved 4-0.
Mayor Tenpas arrived at 8:10 PM and conducted the meeting from this point.
HI. CONSENT CALENDAR
A. Clerk's License List
B. Recommendation on Selection of Architect for Design Services for
Community Center Addition
C. Request for 24-Month Extension to Schwab Developer's Agreement
(cilia R. Cl. Read Development)
D. Approval of Final Plat of Bluffs East 11th Addition (located north of
Bluff Road and east of County Road 18) Resolution No. 91-241
E. _Approve Change Order No. 1 for Staring Lane and Sunrise Circle
Improvements I.C. 52-203 & I.C. 52-205
F. Approve Change Order No. 3 for Mitchell Road and Sandy Pointe
Addition Improvements. I.C. 52-156 & 1.C. 52-201
G. Approve Change Order No. 2 to Eden Hills Improvements for Bluffs
East 11th Addition. I.C. 52-212
Eden Prairie 3
November 5, 1991
City Council Minutes
Unapproved
H. Approve Addendum to Agreement PW 19-15-90 with Hennepin County
and City of Minnetonka for EAW on Townline Road. I.C. 52-103
I. COMPREHENSIVE GUIDE PLAN AMENDMENT by the City of Eden
Prairie. Adoption of Resolution No. 91-158, Adopting the Eden Prairie
Comprehensive Guide Plan Amendment to add 317 t acres into the
Eden Prairie MUSA line. (Resolution No. 91-158 - Guide Plan
Amendment)
.1. Resolution Establishing Procedures Relating to Compliance with
Reimbursement Bond Regulations Under the Internal Revenue Code
(Resolution No. 91-244)
K. 1992 Budget - Voting Machine
MOTION
Jessen moved, seconded by Pidcock, to approve the Consent Calendar.
Consent calendar approved 5-0.
IV. PUBLIC HEARINGS
A. SPECIAL ASSESSMENT HEARING (Resolution No. 91-240A)
Continued from October 22, 1991
Julie said that staff had reviewed a number of issues raised at the
Special Assessment Hearing on October 22, 1991 and staff had
prepared recommendations for Council consideration.
Dietz directed Council's attention to several minor changes in the
packet. On Page 2332, Project I.C. 52-177, frontage road and utility
improvements along Highway 5, the cost should be for a 6-inch water
main which would result in a $3,000 reduction to each of the two
parcels in this project. On Page 2333, I.C. 52-197, Sanitary Sewer
through the Delegard Property to serve the Shores of Mitchell Lake
Plat, the developer had asked that the $171,518.37 be deferred with
interest until development and this request had been granted. On
Page 2334, I.C. 52-201, Utility and Street Improvements in the Sandy
Pointe Addition, the developer requested that some of the amounts
for the lots shown in the shaded areas of the page be changed. The
developer had closed on these particular four lots and had made
some commitments regarding assessment amounts. The total amount
of the assessment remained the same, but some of the distribution of
the costs had been changed to accommodate the developer.
n
Eden Prairie
4
November 5, 1991
City Council Minutes
Unapproved
On page 2336, the Celia Fisher property, the owner had
d
i
e
d
a
n
d
t
h
e
property was owned by her estate. Her grandson lived
o
n
t
h
e
property and therefore it should be shown as homestead
p
r
o
p
e
r
t
y
.
The assessment had been changed from $5,153.90 to $1,71
9
.
5
0
a
n
d
t
h
e
utility portion of $3,034.00 would be deferred until 1997.
He said the first issue regarded the multiple-unit benefi
t
t
o
homestead properties. Several properties in the Sunrise
C
i
r
c
l
e
E
a
s
t
and Staring Lane/Ridge Road projects had development p
o
t
e
n
t
i
a
l
beyond the homestead unit. After study, staff recomme
n
d
e
d
t
h
a
t
t
h
e
principal amount as originally shown on the assessment
r
o
l
l
b
e
l
e
v
i
e
d
against the properties and the interest be dropped to ze
r
o
u
n
t
i
l
development, at which time the properties would be giv
e
n
f
i
v
e
y
e
a
r
s
to pay the assessment at the prevailing interest rate.
Dietz and Gray demonstrated several examples of what t
h
e
implications of this policy would mean in terms of lost
i
n
t
e
r
e
s
t
revenue to the City. Dietz pointed out that the City wa
s
u
n
d
e
r
n
o
obligation to make any deferment retroactive. The first
e
x
a
m
p
l
e
illustrated that if Council were to decide to make the de
f
e
r
m
e
n
t
retroactive for all projects through year-end 1991, the
C
i
t
y
w
o
u
l
d
lose approximately $92,000 in interest in 1991, $778,000
i
n
f
i
v
e
y
e
a
r
s
,
and $1,530,000 in ten years. The criteria used for prop
e
r
t
i
e
s
l
i
s
t
e
d
in the chart were that the properties were homesteads,
e
l
i
g
i
b
l
e
f
o
r
subdivision or further development, without regard to
t
h
e
s
i
z
e
o
f
t
h
e
property.
In the second example, Dietz prefaced his remarks by sa
y
i
n
g
t
h
a
t
a
larger parcel had a greater potential of being purchased
b
y
a
developer, subdivided and developed. Therefore, staff ha
d
d
e
v
e
l
o
p
e
d
a chart to show what would happen if the deferments we
r
e
l
i
m
i
t
e
d
t
o
parcels of five acres or less. In this case the loss to th
e
C
i
t
y
i
n
interest revenue at the end of 1991 would be $63,000, in
f
i
v
e
y
e
a
r
s
$319,000 and in ten years $583,000, with the assumption
t
h
a
t
n
o
development occurred. He believed this was a reasonable
a
l
t
e
r
n
a
t
i
v
e
to making all of the multiple-unit assessments carry zer
o
p
e
r
c
e
n
t
interest.
Tenpas asked if there was a way that if a property wer
e
n
e
v
e
r
developed, paying off the assessment at the time of sale
c
o
u
l
d
b
e
avoided.
Pauly said there was nothing in the law with respect to
a
b
a
t
e
m
e
n
t
o
f
previous assessments or interest accruing to those asses
s
m
e
n
t
s
.
Pauly said he believed the deferment of interest on the
u
n
i
m
p
r
o
v
e
d
portion of properties was a reasonable alternative. How
e
v
e
r
,
h
e
pointed out that the Constitution required that the asse
s
s
m
e
n
t
s
b
e
uniform on like properties or classes of properties. He
s
a
i
d
t
h
a
t
t
h
e
statutes specifically stated that assessments on unimpro
v
e
d
p
r
o
p
e
r
t
y
could be deferred, so he believed there was logic in go
i
n
g
o
n
e
s
t
e
p
Eden Prairie 5
November 5, 1991
City Council Minutes
Unapproved
further and not imposing interest on the unimproved portion of a
property. The question on limiting the deferment to properties of
five acres or less was whether or not this was a reasonable
classification. He said that sustaining the interest portion on parcels
just over five acres, for example six or seven acres, would be more
difficult.
In answer to Tenpas's question, Pauly said he did not believe there
was a possibility of the assessment not being paid off at the time of
sale because the statutes stated that cities could assess for sewer
and water improvements on abutting and non-abutting properties
that had not previously been assessed. Once a parcel had been
assessed, it could not be assessed again after it was subdivided.
However, the City Code permitted the imposition of a connection fee
for water and sanitary sewer. City Code currently provided that if
a parcel had been assessed for the line into which the connection
was to be made, then the connection charge could not be imposed.
However, he believed the Code could be revised so that if a parcel
had been assessed for one connection charge and was later
subdivided, another connection charge could be imposed upon those
additional parcels resulting from the subdivision. He said the law
required that the connection fee have a reasonable relationship to
previous costs for the same type of improvements.
Dietz said that there were four objections received at the hearing on
October 22, 1991 regarding the multiple-unit assessments. Three
specifically stated the objection to interest accumulating on the
project, and the fourth was on the amount of the total assessment.
He said the ability to refinance had not been an issue raised by
residents of the community.
Tenpas said he would favor assessing street improvements only, and
use the remainder of the assessment as a connection fee at a future
date. He said he would also favor deferring all the interest
retroactively on all the projects listed in the report regardless of
parcel size.
Dietz said that he understood that Council direction in this matter
was that for the multiple-unit assessments in the Sunrise Circle and
Staring Lane/Ridge Road neighborhoods, the principal amounts would
be as shown on the assessment roll but would be deferred with no
interest for the street portion, and the $7,400 would be excluded
until development and charged as a connection fee at that time.
After further discussion and questions on specific projects and
properties, Council agreed to continue these objections until
November 19, 1991 so that questions on specific properties could be
clarified further.
Eden Prairie
6 November 5, 1991
City Council Minutes
Unapproved
Anderson said he was comfortable with setting the limit for the
deferment at five acres. Harris said she concurred with this
because the real goal of the deferment was to protect older
homesteads. Pidcock said her concern was that nobody was forced
out of a home because of assessments,
Dietz said there were fifteen objections filed at the last hearing and
four of those indicated issues about the multiple-unit assessments
and the rest raised the issue about the $15,000 maximum assessment
for homestead properties. He said there were two issues: (1)
Fairness and (2) Benefit.
Regarding the fairness issue, because of the cap on assessments the
City would subsidize the work in the Staring Lane/Ridge Road area
by $2,094 per unit, because the actual cost per unit would be
$17,094. In the Sunrise Circle neighborhood, actual cost was $21,246
per unit so the City would subsidize $6,200 per unit. He said that
because of the pattern of lots in these particular neighborhoods, the
cost of the improvements was higher than usual.
In regard to the benefit issue, Dietz explained that through the
exclusion policy, street and storm sewer improvements were assessed
at the time the work was done, with the utility portion of the
assessment deferred until the property owner connected to the City
utilities or for up to five years at zero percent interest. This meant
that the City would actually be subsidizing working septic tank and
water systems for up to five years. He explained how this allowed a
staged payment plan because the payment on the street assessments
would drop each year for the first five years, and then in the sixth
year, when the utility portion was assessed, the payment would rise
slightly again, and then drop as the principal amount was reduced.
He added that it was the opinion of the City Assessor that the most
dramatic increase in property value as a result of the improvements
would be to the lower-value homes. He also said it was the opinion
of the staff that the value of most properties would increase by
$15,000 and that this was a fair assessment. He suggested that
appraisals could be done on several representative properties in the
Staring Lane/Ridge Road and Sunrise Circle neighborhoods before
December 3, 1991 which was the date the special assessments must be
certified.
Doug Olson, 9030 W. Staring Lane, asked what the total interest and
principal would be over 20 years. Dietz said this had not been
added up but it would amount to $15,000 plus interest. Olson said
he did not believe the principal and interest costs for the
improvements would result in the same increase in value to his
property.
aFL/
Eden Prairie 7
November 5, 1991
City Council Minutes Unapproved
LeRoy Heitz, 9281 E. Staring Lane, said that realtors had informed
him that his house would not sell for $15,000 more because of the
improvements and that the increase in value would be closer to
$9,000. He said he would prefer to obtain his own appraisal rather
than having the City obtain the appraisal.
Jessen said that the project was ordered because some of the
residents were having problems with well and septic systems, so it
was a matter of public health, and because of the layout of the
neighborhood, improvements were expensive. He also pointed out
that market factors other than improvements affected the value of
property.
Harris said she believed an independent appraisal on properties in
these two neighborhoods would be usefuL She believed that the
City was already subsidizing the development fairly generously, and
yet she empathized with the residents' concern over costs on the
older neighborhood. Pidcock and Tenpas agreed.
The consensus of the Council was that appraisals be done on two or
three properties to determine how the improvements would affect the
values of the properties.
Dan Lindholm, 9271 E. Staring Lane, said he did not believe his
property value would increase by $15,000 as a result of the
improvements. He also said he believed there was a petition against
the project as well.
David Fisher, 15040 Pioneer Trail, asked what the amount of the
assessment would be on his property. There had been some
confusion because the owner of the property had died. Dietz said
later in the hearings, the amount would be changed from $2,640 to
$520 to be excluded until 1997.
Pat Hartell, 9140 W. Staring Lane, said she had two lots that backed
up to the Sunrise Circle project. She questioned whether the
assessment to her property was appropriate because the lots were
being assessed for storm sewer but had no street leading into them.
She questioned whether these unimproved lots should be assessed
the same as the completed lots in the Sunrise Circle neighborhood.
Dietz said the assessment for storm sewer would be deferred until
development at zero percent interest and the sanitary sewer portion
would be treated as a connection fee. She said she would like to
see a comparison between her assessment and the assessment of the
properties in the Sunrise Circle neighborhood. She believed she was
being penalized for the high cost of the improvements in the Sunrise
Circle neighborhood, and these costs were high because of the way
the developer had designed the neighborhood. She also questioned
why her property was not charged the Staring Lane prices instead
of the Sunrise Circle prices.
07.3 ZS
Eden Prairie 8
November 5, 1991
City Council Minutes Unapproved
Rod Beach, 9021 W. Staring Lane, was concerned about the language
in a statute that if the properties were to be refinanced or sold, the
full amount of the assessment would be due. Dietz said this was not
a law but rather a lender policy.
There were no further comments from the audience on these
projects.
Alan Gray, City Engineer, explained the details of a drainage problem
on Randy Rannow's property consisting of two parcels. Because of
development in the area, much of the drainage had been diverted to
Red Rock Lake via a storm sewer. However, there was one portion
of street that continued to drain to a depressed area on his
property. Gray explained the system that was planned to alleviate
the problem with no cost to Mr. Rannow. He said staff believed that
the unit assessment for streets which included the cost of the storm
sewer in the neighborhood was a reasonable assessment.
Randy Rannow, 5908 Cedar Ridge Road, said he believed that the
purpose of a storm sewer was to dispose of the drainage in the
street in front of a parcel of property and that was not receiving
that benefit with the present system. He was not sure that the
plans outlined by Gray would correct the situation. He suggested
that the storm sewer portion be deducted from his assessment until
the problem was solved. Council agreed that assessments could be
deferred until the problem was solved.
Dietz pointed out the following changes in the supplemental
assessments: On Page 2340, $520 was removed from Parcel 21-116-22-
22-0014 as this house had burned; On Page 2343, the Celia Fisher
property Parcel 21-116-22-43-0017, the amount be changed from
$2,640 in 1992 to $520 in 1997; On Page 2345, Parcel 26-116-22-41-
0037, shows an amount of $8,502.81 which was a change from
approximately $10,000 because the property owner was able to
demonstrate there was an error in the front-footage used in the
computation.
There were no further comments from the audience.
MOTION
Harris moved to close the public hearing and adopt Resolution No.
91-240A to certifiy the special assessments, with the exception of the
Sunrise Circle and Staring Lane/Ridge Road projects. Seconded by
Pidcock. Motion approved 5-0.
Eden Prairie
9
November 5, 1991 City Council Minutes
Unapproved
B. EDEN PRAIRIE AUTO CENTER by Accent Real Estate, Ltd. Adoption of Resolution No. 91-243, Request for Planned Unit
D
e
v
e
l
o
p
m
e
n
t
C
o
n
c
e
p
t
Review on 16.2 acres; Planned Unit Development
D
i
s
t
r
i
c
t
R
e
v
i
e
w
o
n
16.2 acres with waivers; Zoning District Amend
m
e
n
t
w
i
t
h
i
n
t
h
e
C
-
R
e
g
-
Ser District on 16.2 acres; and Site Plan Revie
w
o
n
1
6
.
2
a
c
r
e
s
f
o
r
development of a 158,800 square foot automobil
e
d
e
a
l
e
r
s
h
i
p
t
o
b
e
known as Eden Prairie Auto Center. Location: Southeast corne
r
o
f
Valley View Road and Plaza Drive. (Resolution No. 91-243 - PUD Concept; Ordinance No. 30-91 - Zoning District A
m
e
n
d
m
e
n
t
)
Jullie said notice for the public hearing had bee
n
p
r
o
p
e
r
l
y
p
u
b
l
i
s
h
e
d
in the Eden Prairie News and mailed to resident
s
i
n
t
h
e
p
r
o
j
e
c
t
a
r
e
a
.
Herb Margolis, development consultant for Metro
p
o
l
i
t
a
n
C
o
r
p
o
r
a
t
i
o
n
,
presented the details of the plans for Eden Prai
r
i
e
A
u
t
o
C
e
n
t
e
r
using a scale model of the building and surrou
n
d
i
n
g
l
a
n
d
a
r
e
a
.
H
e
said the concept was a one-stop auto shopping s
e
r
v
i
c
e
w
h
i
c
h
w
o
u
l
d
house several major auto dealerships and servic
e
f
a
c
i
l
i
t
i
e
s
.
T
h
e
t
o
t
a
l
size of the project was approximately 158,000 sq
u
a
r
e
f
e
e
t
o
f
b
u
i
l
d
i
n
g
.
At the present time, the Chevrolet dealership wa
s
t
h
e
o
n
l
y
o
n
e
identified who would lease space in the building;
h
o
w
e
v
e
r
,
t
h
e
concept was to include multiple dealerships and
e
x
p
a
n
d
t
h
e
b
u
i
l
d
i
n
g
as required over a three-or-four year period.
Margolis then addressed the issues on Page 2 of t
h
e
m
e
m
o
r
a
n
d
u
m
dated October 29, 1991 from the City Planning De
p
a
r
t
m
e
n
t
.
Regarding the matter of only one grand opening
p
e
r
m
i
t
t
e
d
,
h
e
s
a
i
d
the proponent interpreted this to mean one grand
o
p
e
n
i
n
g
f
o
r
e
a
c
h
dealership coming into the Center. With respe
c
t
t
o
t
h
e
s
i
g
n
s
,
h
e
believed the size allowed was adequate but said
t
h
a
t
t
h
e
C
e
n
t
e
r
would not be able to control colors and shapes b
e
c
a
u
s
e
t
h
a
t
w
o
u
l
d
be determined by the manufacturer. The one 320
-
s
q
u
a
r
e
-
f
o
o
t
,
7
-
foot-high monument sign on the proposed berm h
a
d
b
e
e
n
a
g
r
e
e
d
upon. On the existing Factory Outlet Center s
i
g
n
,
h
e
s
a
i
d
t
h
e
Center would like the logos of the companies
b
e
i
n
g
r
e
p
r
e
s
e
n
t
e
d
t
o
be shown on this sign as well as some notificat
i
o
n
o
n
w
h
e
r
e
t
o
t
u
r
n
to enter the Center.
Enger said the project was reviewed by the Plan
n
i
n
g
C
o
m
m
i
s
s
i
o
n
a
t
its October 7, 1991 meeting. A summary memo d
a
t
e
d
O
c
t
o
b
e
r
2
9
,
1
9
9
1
had been included in the packet. He said the m
a
i
n
e
l
e
m
e
n
t
s
discussed had been the amount and visibility of
t
h
e
o
u
t
d
o
o
r
inventory, the level of lighting, the number, siz
e
,
a
n
d
l
o
c
a
t
i
o
n
o
f
signs on the site. He stressed that because the proponent di
d
n
o
t
know at this time which dealerships would be in
c
l
u
d
e
d
i
n
t
h
e
A
u
t
o
Center, it did not know exactly what the size, s
h
a
p
e
,
a
n
d
c
o
l
o
r
o
f
the signs would be would be. The Planning Com
m
i
s
s
i
o
n
h
a
d
b
e
e
n
'corking with the proponent on a way to guide t
h
e
s
i
g
n
a
g
e
p
a
c
k
a
g
e
as dealerships were acquired for the Center to
a
s
s
u
r
e
t
h
a
t
t
h
e
s
i
g
n
s
c23r)
Eden Prairie 10
November 5, 1991
City Council Minutes Unapproved
would be well-placed and avoid any garish appearance. He said staff
and Planning Commission recommended approval of the project.
Anderson asked what the impact would be in the neighborhood to the
north of the site with the lighting. Enger said the 24-foot poles on
the lights were low, as 30 and 40 feet were common, and for this
reason he would not expect the lights would not impact on the
neighborhood.
MOTION
At 11:00 PM Pidcock moved to extend the meeting until 11:30 PM. Seconded by
Jessen. Motion approved 5-0.
Harris said she was pleased and impressed with the project and
would vote for the first reading. Tenpas said he also supported the
project for the site.
There were no comments from the audience.
MOTION
Pidcock moved to close the public hearing and adopt Resolution No.
91-243 for PUD Concept Amendment. Seconded by Jessen. Motion
approved 5-0.
MOTION
Pidcock moved to approve the First Reading of Ordinance No. 30-91
for Zoning District Amendment and direct staff to prepare a
development agreement incorporating Commission and staff
recommendations and Council conditions. Seconded by Jessen.
Motion approved 5-0.
C. CITY CODE AMENDMENT (PUD CONCEPT AREA MINIMUM OF 15 ACRES)
by City of Eden Prairie. Request to amend City Code Chapter 11,
Section 11.40, Subdivisions 6 and 11 relating to PUD Concept Area
minimum of 15 acres and Findings Required respectively. (Ordinance
No. 24-91 - PUD Concept)
There were no comments from the audience.
MOTION
Pidcock moved to close the public hearing and approve first reading
of Ordinance No. 24-91 relating to the PUD Concept. Seconded by
Anderson. Motion approved 5-0.
Eden Prairie 11
November 5, 1991
City Council Minutes Unapproved
V. PAYMENT OF CLAIMS
MOTION
Anderson moved, seconded by Pidcock, to approve payment of claims.
Motion for payment of claims approved with Anderson, Harris, Pidcock,
Jessen, and Tenpas all "AYE".
VI. ORDINANCES & RESOLUTIONS
VII. PETITIONS. REQUESTS AND COMMUNICATIONS
A. Request to Consider Purchase of Five Parcels West of Eden Road
(continued to November 19, 1991)
B. Petition for the Closure of the Heritage Road/Highway 5 Intersection
(continued to December 3, 1991)
VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS. & COMMITTEES
IX. APPOINTMENTS
X. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Truth in Taxation
Harris said she would prefer to continue discussion of this
process to another meeting.
2. Correspondence on Outdoor Advertising
Harris said at a future meeting she would like to discuss outdoor
advertisements.
3. Bluff Road Appeal
Harris asked how the assessment deliberations at this meeting
would affect the Bluff Road project. Dietz said if the Council
decided that five acres was the limit for deferment, this project
would still be eligible for deferment as the lots were
approximately six acres. Dietz said he would itemize the parcels
and assessment costs for Council.
,'(37q
Eden Prairie 12
November 5, 1991
City Council Minutes Unapproved
4. Snow Removal BY City Staff and Crews
Pidcock said she wished to commend those responsible for the
tremendous efforts in clearing the streets after the snowstorm of
October 31 and November 1. Tenpas added commendations to the
Police and Fire Departments as well for the fine work in
assisting persons having difficulties because of the storm.
5. Martin Luther King DaY
Jessen asked how much money was needed for Martin Luther
King Day. Jullie said he would find out and let him know.
Jessen said he believed the City should pay for the observance
of this holiday.
B. REPORT OF CITY MANAGER
1. Pror/need 1992 Budgets for Enterprise Activities
(Continued from October 15, 1991) Council agreed postpone this
item to a future meeting.
XI. OTHER BUSINESS
XII. ADJOURNMENT
MOTION
Pidcock moved, seconded by Harris, to adjourn at 11:30 PM. Motion
approved 5-0.
Meeting Notes
City of Eden Prairie
City Council
November 12, 1991
The City Council met with its staff for a workshop seminar
entitles, "Challenges of Governing and Managing a City, Part
II." The seminar was held in the Spring Hill Conference
Center, Orono, MN. It began at 4:00 p.m., and all
Councilmembers and top management staff were present.
Mr. John Drozdal, consultant and president of The Drozdal
Company, led the group through a number of discussions on
stakeholder analysis, strategies for positioning the City (and
opportunities to improve the organization's image and
performance), and processes for decision-making and
implementation. Participants used the example of locating
City administrative offices and allied functions as an
exercise to integrate the concepts presented in Part I (held
on October 14, 1991) and Part II of the workshop.
Councilmembers agreed that workshop sessions were very
productive and tentatively identified a follow-up meeting date
for December 9, 1991. The meeting concluded at 10:10 p.m.
CUD:bnin
F)
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
November 19, 1991
CONTRACTOR (MULTI-FAMILY & COMM.)
American Builders Unlimited
Building Environments, Inc.
Kodiak Construction
Lester's of Minnesota, Inc.
Lockwood & Associates
Minnesota Dept. of Transportation
Curt Sauer Construction
CONTRACTOR (1 & 2 FAMILY)
Finnamore Bldg. Corporation
K. C. Winchell Co., Inc.
HEATING & VENTILATING
H. 0. Soderlin Plumbing & Heating
PLUMBING
Billodeau Plumbing
Dolder Plumbing
Minnesota Dept. of Transportation
GAMBLING
Telephone Pioneers (Raffle)
Peddler
Nancy Lauderdale (hone products)
The Ranger Flying Assoc. (Christmas Trees
These licenses have been approved by the deoartment heads responsible for
the licensed activity.
()A
PUD Concept Amendment
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-220
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 24-91
AND ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 24-91 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 19th day of November, 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. 24-91, 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 Minnesota Statutes, Section 331.07.
C. That a printed copy of the Ordinance shall be made available for inspection by any person
during regular office hours at the office of the City Clerk and a copy of the entire text
of the Ordinance shall be posted in the City Hall.
D. That Ordinance No. 24-91 shall be recorded in the ordinance book, along with proof of
publication required by paragraph B herein, within twenty days after said publication.
ADOPTED by the City Council of the City of Eden Prairie on the 19th day of
November, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Franc, City Clerk
A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 24-91
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
AMENDING CITY CODE SECTION 11.40 ENTITLED "PLANNED UNIT
DEVELOPMENT CONCEPT", AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1, City Code Chapter 11, Section 11.40, Subdivision 6., is amended to read
as follows:
Subd. 6. Minimum Area. A PUD Concept must include an area of at least 15 acres.
Section 2. City Code Chapter 11, Section 11.40, Subdivision 11., is amended to read
as follows:
Subd. 11. Findings Required. The findings necessary for approval of a PUD shall be
as follows:
A. The proposed development is not in conflict with the goals of the Guide Plan of
the City.
B. The proposed development is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. Any exceptions to the standard requirements of this Chapter and Chapter 12 of
this Code are justified by the design of the development.
D. The PUD is of sufficient size, composition, and arrangement that its construction,
marketing and operation are feasible as a complete unit without dependence upon
any subsequent unit, and the PUD shall be consistent with an approved PUD
concept.
Section 3, City Code Chapter I, 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 4. This ordinance shall become effective from and after its passage and
publication.
,2.39U
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
5th day of November, 1991 and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 19th day of November, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, Clerk
PUBLISHED in the Eden Prairie News on the day of , 1991.
2 3 9 S.
PUD Concept Amendment
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 24-91
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE SECTION 11.40 ENTITLED 'PLANNED UNIT DEVELOPMENT
CONCEPT" 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:
$ummarrs This Ordinance amends City Code Section 11.40, Subdivisions 6 and 11
relating to minimum area requirements and findings necessary for approval of a PUD.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane, City Clerk /s/ Douglas B. Tenpas, Mayor
PUBLISHED in the Eder Prairie News on the day of
1991.
(A full copy of the text of this Ordinance is available from the City Clerk.)
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
5th day of November, 1991 and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 19th day of November, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Franc, Clerk
PUBLISHED in the Eden Prairie News on the day of , 1991.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-255
A RESOLUTION APPROVING FINAL PLAT OF
FAIRFIELD OF EDEN PRAIRIE 7TH ADDITION
WHEREAS, the plat of Fairfield of Eden Prairie 7th Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Fairfield of Eden Prairie 7th Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated November 13, 1991.
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 November 19, 1991.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
/-1
MEMORANDUM
10: Mayor and City Couricibriembers
THROUGH: Alan D. Gray, P.E., City Engineer
FROM: Jeffrey Johnson, Engineering Technician
DATE: November 13, 1991
SUBJECT: Final Plat of Fairfield of Eden Prairie 7th Addition
PROPOSAL: Centex Real Estate Corporation has requested City Council approval of the final plat
of Fairfield of Eden Prairie 7th Addition. This proposal is a continued subdivision of the
Fairfield Planned Unit Development. The plat contains 11.2 acres to be divided into 23
single family lots, two outlots, and right-of-way dedication for street purposes. Outlots A
and B are remnant parcels that will be retained by the developer for future combination
subdivision purposes.
HISTORY: The preliminary plat was approved by the City Council July 19, 1988 per Resolution
No. 88-137.
The 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.
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.
PARK DEDICATION: The requirements for park dedication are covered in the Developer's
Agreement.
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 7th
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 $524.00.
2. Receipt of street lighting fee in the amount of $3,402.00.
3. Receipt of engineering fee in the amount of $920.00.
4. Satisfaction of bonding requirements.
.1.1:ssa
cc: Dan Blake, Centex
Sathre Bergquist, Inc.
,=2, 70'1
Bluffs East 11th Addition
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1991, by HUSTAD
DEVELOPMENT CORPORATION, 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 District Review on 4.23 acres
within the overall 186-acre Bluff Country Planned Unit Development, with waivers, Zoning District change
from Rural to R1-9.5 on 2.43 acres and from Rural to R1-13.5 on 1.8 acres, and Preliminary Plat of 4.23 acres
into twelve (12) single family lots and road right-of-way, all said 4.23 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 #28-91-PUD-9-91, Developer
covenants and agrees to construction upon, development, and maintenance of said Property as follows:
I. PLANS: Developer shall develop the Property in conformance with the materials revised and
dated October 15, 1991, reviewed and approved by the City Council on October 15, 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. UTILITY/STREET PLANS, SPECIAL ASSESSMENT AGREEMENT: City approval has
been granted for the plans for streets, sanitary sewer, water, interim irrigation systems, storm
sewer, and erosion control for the Property.
Prior to release of any final plat for the Property, Developer agrees to submit to the City
Engineer, and to obtain the City's approval of an executed Special Assessment Agreement for
the public street and utility improvements on the Property, as described in Improvement Contract
52-243.
4. LAND ALTERATION PERMIT: Developer has applied and City has approved a land
alteration permit for the Property dated September 17, 1991. Developer agrees to construction
and development of the Property in accordance with the conditions of said permit.
5. TREE REPLACEMENT/PRESERVATION: Developer has submitted to the City and obtained
City's approval of a tree replacement plan for the Property. By said plan, Developer will
remove 40 caliper inches of significant trees and install 118.5 caliper inches of trees on the
Property. City and Developer agrees that the overage of 78.5 caliper inches of trees shall be
credited to other sites within the overall Bluff Country Planned Unit Development.
6. PUD 9-91 .WAIVERS GRANTED: City hereby grants the following waivers to City Code
requirements within the R1-13.5 District through the Planned Unit Development District Revic:
for the Property and incorporates said waivers as part of PUD 9-91:
A. Waiver from average lot width requirement of 85 ft. to allow a average lot width of 73
ft. for Lot 11 as depicted in Exhibit B, attached hereto.
B. Waiver from average lot width requirement of 85 ft. to allow a average lot width of 65
ft. for Lot 12 as depicted in Exhibit B, attached hereto.
Bluffs East llth
OWNERS' SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
HUSTAD DEVELOPMENT, INC.
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of , 1991, by and between CREEK
KNOLLS LIMITED PARTNERSHIP, a Minnesota limited 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 #28-91-PUD-9-91, changing the
zoning of the Property owned by Owner from the Rural District to the PUD #28-91-R1-9.5 District and PUD
#28-91-PUD-R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as
of , 1991, by and between Husta.d Development, Inc., a Minnesota corporation, and City,
Owner agrees with City as follows:
1. If Hustad Development, 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
Rural 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.
Bluffs East 11th Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-230
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 28-91-PUD-9-91
AND ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 28-91-PUD-9-91 was adopted and ordered
published at a regular meeting of the City Council of the City of
Eden Prairie on the 19th day of November, 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY
OF EDEN PRAIRIE:
A. That the text of the summary of Ordinance No. 28-91-PUD-9-91,
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 Minnesota Statutes, Section 331.07.
C. That a printed copy of the Ordinance shall be made available
for inspection by any person during regular office hours at
the office of the City Clerk and a copy of the entire text of
the Ordinance shall be posted in the City Hall.
D. That Ordinance No. 28-91-PUD;9-91 shall be recorded in the
ordinance book, along with proof of publication required by
paragraph B herein, within twenty days after said publication.
ADOPTED by the City Council of the City of Eden Prairie on the
19th day of November, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
gog
Bluffs East 11th Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 28-91-PUD-9-91
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN
ANOTHER, AMENDING THE LEGAL 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 Planned Unit Development PUD-9-91-R1-9.5-R1-13.5
(hereinafter "PUD 9-91-R1-9.5-R 1 -13.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of November 19, 1991, entered into between Hustad
Development Corporation, a Minnesota corporation, and the City of Eden Prairie (hereinafter
"Developer's Agreement") and that certain supplement to the Developer's Agreement, dated as
of November 19, 1991, entered into between Creek Knolls Limited Partnership, a Minnesota
limited partnership, and the City of Eden Prairie (hereinafter "Supplement"). The Developer's
Agreement and Supplement contain the terms and conditions of PUD and is hereby made a part
hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 9-91-R1-9.5-R1-13.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD 9-91-R1-9.5-R1-13.5 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 9-91-R1-9.5-R1-13.5 are justified by the design
(10,S
of the development described therein.
D. PUD 9-91-R1-9.5-R1-13.5 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.
Section S. 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 PUD 9-91-R1-9.5-R1-13.5
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 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 15th day of October, 1991, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 19th day of November, 1991.
ATTEST:
Douglas B. Tenpas, Mayor
John D. Franc, City Clerk
PUBLISHED in the Eden Prairie News on the day of , 1991.
EXHIBIT A
BLUFFS EAST 11TH ADDITION
Zoning District Change from Rural to R1-13.5
That part of Outlot B, Bluffs East 7th Addition lying south of the
following described line:
Beginning at the southeast corner of said Outlot Bs thence
North 5 degrees 13 minutes 30 seconds West 136.01 feet; thence
South 74 degrees 39 minutes 08 seconds West 129.14 feet; thence
North 88 degrees 02 minutes 24 seconds West 50.25 feet; thence
South 86 degrees 14 minutes 58 seconds West 120.00 feet; thence
North 55 degrees 27 minutes 38 seconds West 202.18 feet to the
west line of said Outlet B and there terminating.
Zoning District Change from Rural to R1-9.5
That part of Outlot B, Bluffs East 7th Addition lying north.of.the
following described line:
Beginning at the southeast corner of said Outlot B; thence
North 5 degrees 13 minutes 30 seconds West 136.01 feet; thence
South 74 degrees 39 minutes OS seconds West 129.14 feet; thence
North 88 degrees 02 minutes 24 seconds West 50.25 feet; thence
South 86 degrees 14 minutes 58 seconds West 120.00 feet; thence
North 55 degrees 27 minutes 38 seconds West 202.18 feet to the
west line of said Outlot B and there terminating.
gqz
Bluffs East 11th Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 28-91-PUD-9-91
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN
ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH
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:
Summaizn This Ordinance allows rezoning of land located north of Bluff Road and
west of Falcons Way from the Rural District to the PUD 9-91-R1-9.5 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.
affective Date: This Ordinance shall take effect upon publication.
A'rfEST:
/s/ John D. Franc, 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.)
MEMORANDUM
TO: Parks, Recreation and Natural Resources Commission
THROUGH: Bob Lambert, Director of Parks, Recreation and Natural
Resources
FROM: Dave Black, Community Center Operations Supervisor
DATE: November 12, 1991
SUBJECT: Facility Use Contracts for Community Center
Over the past several months, staff has been reviewing and
discussing the facility use procedures for the Community Center.
Staff has determined that there is a need to establish a Facility
Use Contract for Community Center user groups. Staff developed a
"rough draft" contract and submitted the contract to the City's
Attorneys Office for document input and revisions. Attached for
your review is the revised contract.
Contract Purpose
The purpose of a contract for user groups at the Community Center
is to guarantee the rights, limitations and obligations of both
the user group and the City in a formal written agreement. It
will also serve as a formal tool to insure that proper scheduling
and billing/payment procedures are followed.
Main User Groups
Hockey Association of Eden Prairie (Skating)
Eden Prairie Figure Skating Club (Skating)
Foxjet Swim Club (Swimming)
Eden Prairie High School (Varsity - Swimming, Hockey, Phy -Ed
classes)
Other Potential User Groups
Over night groups
Hockey Schools/Clinics
Background
In the past, main user groups (as described above) have rented
facilities by gentleman agreement. Staff has had relatively
decent success in managing activities, schedules and payments.
Staff has recently witnessed variations from schedule or payment,
which makes the need for a formal agreement evident.
A copy of the contract was given to each of the main user groups
to review and discuss with staff prior to the November 18, 1991
Parks, Recreation and Natural Resources Commission meeting.
X07
Facility Use Contracts for Community Center
November 12, 1991
Page 2
Recommendations
Staff recommends that the contracts be accepted and imple
m
e
n
t
e
d
on January 1, 1992. Staff also recommends that the term
o
f
t
h
e
contract be for one year and be renewable each year. The
a
c
t
u
a
l
use schedule will be written as an attachment page agreed
u
p
o
n
b
y
user group and staff.
cc: Laurie Helling, Manager of Recreation Services
Attachments: Cover Letters to Main User Groups
Contract
qoZ
ItyofEden Prairie
ommuNrry CENTER
11ley View Road • Eden Prairie, MN 55346-3677 • Telephone (612) 937-8727
November 7, 1991
Ms Ann Kern, President
Eden Prairie Figure Skating Club
14304 Fairway Drive
Eden Prairie, MN 55344
Dear Ann,
Enclosed for your review is a proposed contract in which the City
is requesting of all user groups of Community Center facilities.
The purpose of a contract for user groups at the Community Center
is to guarantee the rights, limitations and obligations of both
the user group and the City in writing. It will also serve as a
formal tool to insure that proper scheduling and billing/payment
' procedures are followed.
The Parks, Recreation and Natural Resources Commission will be
reviewing this proposal as part of their next meeting. The
meeting will be held on November 18, 1991, at City Council
Chambers at 7:30 pm. Please review this information and arrange
for representatives of your organization to attend this meeting
to provide additional feedback for discussion if you feel it is
necessary.
The City would like to have all user groups of Community Center
facilities under contract by January 1, 1992.
If you have any questions or concerns regarding the format of
this contract language please call me at 937-6727. I would
prefer to work out any concerns or problems prior to the November
18th meeting.
Sincerely,
Dave Black
Eden Prairie Operations Supervisor
Recycl. P.O., _
L-
AGREEMENT FOR USE OF
EDEN PRAIRIE COMMUNITY CENTER
This agreement, made and executed this day of
, 19 , by and between the City of Eden Prairie,
herein after referred to as the "City", and 5
herein after referred to as the "User", for the use of portion(s)
of the Eden Prairie Community Center, herein after referred as
the "Community Center", located at 16700 Valley View Road, Eden
Prairie, Minnesota.
Whereas, the User requests to use portion(s) of the City's
Community center for a fee and agrees to assume the risks of any
potential liability which would result form the use of the
Community Center, and
Whereas the City desires to allow the User the use of its
Community Center pursuant to the provisions set forth in the
agreement; and
Now, therefore, in consideration of the mutual provisions and
agreements contained herein, the parties do agree as follows:
1. Term of the Agreement
The term of this agreement shall be from
to and including unless
earlier terminated by law or according to the provisions
herein.
-2-
This contract shall be in effect from the date of executio
n
by all parties, or from the commencement of service
s
hereunder, whichever is first, and shall continue in eff
e
c
t
until the User has completed using the Community Center, bu
t
no later than , unless earli
e
r
terminated by law or according to the provisions herein.
2. Fees
The User shall pay the hourly use fee as set forth
o
n
Schedule A. Which is attached here to and incorporat
e
d
herein by reference. Please note that Schedule A is subje
c
t
to change by the Eden Prairie City Council. If a change
t
o
Schedule A affects the User, the User shall receive
a
n
updated Schedule A. If the User rejects Schedule A
i
n
writing within thirty (30) days of the date of the lette
r
setting forth the new Schedule A, this agreement shall b
e
terminated. If the City does not receive a written notic
e
from the User within the thirty (30) day period, the Use
r
shall be deemed to accept the new Schedule A and it shal
l
become a part of this agreement by reference as though mor
e
fully set forth herein.
3. Definition of Use Time
"Use Time" begins when the schedule dictates. Any equipm
e
n
t
set-up or take down must be completed within the designa
t
e
d
hours of use. Any variations will result in extra use time
9,4
-3-
to be billed as per attachment Schedule A. The User has
full control and shall be completely for that portion of the
Community Center rented during "use time". In addition, the
User shall be responsible for, the User, its members, its
agents, invitees or anyone at the facility who partakes or
intends to partake with the User while on the Community
Center's property even though this may be prior to or after
the hours reserved or dates reserved.
Facilities
The User has agreed to rent the following facilities that
are marked with an "X" in the blank area to the left of each
facility listed below, pursuant to the space and time limits
as set forth below:
Indoor 200'x85 ICE SHEET in a resurfaced condition to
begin said usage, including hockey markings, boards and
glass, and hockey nets, players benches, penalty boxes,
bleachers for spectators, public address system, arena
sound system, scoreboard and scoring equipment and use
of 4 team locker rooms located in the Ice Arena.
Date(s) reserved:
Time(s) reserved:
-4-
INDOOR SWIMMING POOL featuring 8 lanes of 25 yards, or
6 lanes of 25 meters, a diving area with spring
b
o
a
r
d
,
bleacher area, lane line equipment, starting pl
a
t
f
o
r
m
equipment, time clock and non exclusive u
s
e
o
f
adjoining mins and womens locker rooms.
Date(s) reserved:
Portion of Swimming Pool reserved:
Time(s) reserved:
Indoor RACQUETBALL COURTS up to and including three ----
courts, complete with wallyball net set-up as
requested.
Date(s) reserved:
Number of Courts reserved:
Time(s) reserved:
Indoor MEETING ROOMS up to and including 3 areas where
meetings, birthday parties and similar functions
c
a
n
b
e
held, serving up to approximately 50 peopl
e
e
a
c
h
location. The meeting rooms are described as M
e
e
t
i
n
g
Room C, Meeting Room 8 and Upper Lobby Area. Inc
l
u
d
e
d
-5.-
is use of existing banquet tables and chairs.
Available for rent per Schedule A, one VCR and
television, a mobile cart, 2 ping pong tables and
equipment to play ping pong, assorted board games and
equipment, located on site at Community Center.
Date(s) reserved:
Time(s) reserved:
Description of area(s) for use and equipment rental:
Any proposed variation as to dates or time reserved in any
of the above areas where an "X" has indicated for intended
use, must be presented to the City at least 7 days (28 days
for Swimming Pool Use) prior to the variation or
cancellation and agreed upon in writing between User the
City as an addendum to this agreement.
5. Additional User Agreements
A) During use time, at any time prior to or after use
time, while on the Community Center's property or in
the Community Center's parking lot, the User shall be
completely responsible for all coaching, supervision
and safety measures in conjunction with utilizing the
Community Center.
aq tcl
-6-
B) The User, its members, agents, invitees, or anyone at
the facility who partakes or intends to partake with
the User be prohibited from parking in the back
employee parking lot of the Community Center.
C) The User must provide any and all additional equipment
to conduct practices, lessons or special events.
D) The User, its members, agents, invitees or anyone at
the facility who partakes
the User shall abide by all
are adopted by the City
or intends to partake with
rules and regulations which
for the management of the
Community Center, which notice has been given, or which
are posted at the Community Center.
E) Compensation for Damaoe. If any portion of the
Community Center or its parking lot, during the term of
this agreement, shall be damaged by the act or failure
to act of the Use, its members, agents, invitees, or
anyone at the facility who partakes or intends to
partake with the User, the City may deduct from the
damage deposit the sum that is necessary to restore the
premises to its present condition. In the event the
damage deposit is not adequate for this purpose, User
will pay the City the additional amount required to
completed repairs.
F) Indemnification. Any and all claims that arise er may
arise against the User, its agents, servants or
employees as a consequence of any act or omission on
-7-
the part of the User or its agents, servants or
employees while on Community Center property or in the
Community Center's parking lot shall in no way be the
obligation or responsibility of the City. The User
shall indemnify, hold harmless and defend the City, its
officers and employees against any and all liability,
loss, costs, damages, expenses, claims, or actions,
including attorneys fees and expenses which the City,
its officers or employees may hereafter sustain, incur,
or be required to pay, arising out of or by reason of
any act or omission of the User, its members, agents,
servants, employees, invitees or anyone who partakes or
intends to partake with the User in the utilization of
the Community Center or pursuant to this contract.
G) Removal of User's Personal Proaerty. The City reserves
the right to remove from the Community Center all
personal property of User, its members, agents and
invitees therein after the expiration of the term, or
to store the effects at Users expense after serving
written notification requesting the User to remove
their personal property by a reasonable date.
H) The City reserves the right to cancel this agreement
for any failure of the User to comply with the terms of
this agreement, and the City shall return deposit money
as per number 7 of this document.
07(-10
-8-
I) In the event of mechanical failure or other occurrences
that renders the fulfillment of this agreement by the
City impossible or impracticable, this agreement shall
terminate and User waves any claim for damages or
compensation should this agreement be so terminated.
J) Insurance. If the User utilizes any portion of the
Community Center for a total of twenty (20) hours as
determined from anticipated use of the facility, the
User will provide the City, within twenty (20) days
after execution of this agreement, but no later than
five (5) days immediately preceding the date of
commencement of the terms of the agreement, an
insurance policy as set forth below. Any User who
anticipates using the facility less than twenty (20)
hours prior to the commencement of the agreement and
subsequently uses the facility for greater than twenty
(20) hours may be required, at the City's option, to
obtain an insurance policy as set forth below.
The insurance policy shall provide Comprehensive
General Liability which includes Premises - Operations,
personal liability and contractual liability with a
limit of Si million each occurrence for bodily injury
and property damage.
aqgo
-9-
Existence of the insurance required herein shall be
established by the User furnishing to the City said
policies of 'insurance for examination and approval
prior to the commencement of this agreement; together
with a certificate executed by an authorized
representative of the insurer, certifying to the
in=Atranre coverage herein required, and stipulating
that the policies will not be cancelled, or modified
without first giving thirty (30) days written notice to
the City. After examination and approval of said
policies by the City, they may be returned to the
contractor, but the certificates of insurance shall be
retained by the City.
Upon request by the City, the User shall promptly
furnish to the City for examination at any time, all
contract and policies of insurance required herein.
Neither the City's failure to require or insist upon
certificates or evidence of insurance, nor the City's
acceptance of a certificate cr other evidence of
insurance showing a variance from the specified
coverage changes the User's responsibility to comply
with the provisions set forth herein.
The City may terminate this agreement for failure of
the User to furnish proof of insurance coverage or to
atig I
-10-
comply with the insurance requirements as stated above.
Nothing contained herein shall preclude the City from
determining and demanding, in specified cases, that in
addition to the minimum required insurance coverage,
additional insurance coverage be obtained by the User
and proof thereof furnished to the City and such
additional insurance may be demanded by the City in
addition and not in lieu of the insurance hereinabove
required.
If the User does not provide the specified insurance,
then the User will defend, indemnify and hold harmless
the City and its officials, agents and employees to the
extent necessary to afford the same protection as would
have been provided by the specified insurance pursuant
to the terms of this document and applicable limits of
law.
6. Concessions/Novelties:
The City has the sole right to operate and sell concessions
products at its discretion and retain all proceeds from such
sales. The User may provide a hospitality refreshment stand
at no charge to public during the term of agreement with
City approval. The User group may sell novelty items such
as, but not limited to, T-shirts, hats, sweatshirts, pins,
banners, etc. with City approval and retain all proceeds
gq:,k13.
-11-
from sales. User group may bring in food or refreshments
for their group to consume during use time, in designated
areas, with City approval as an addendum to this agreement.
7. Damage Deposit Required:
User agrees to pay a refundable damage deposit of
which will be returned upon completion of this agreement.
Should there be damage caused to the Community Center's
parking lot by User, its members, agents, invitees or anyone
at the facility who partakes or intends to partake with the
User, the City will deduct the amount due to cover repairs
necessary. In cases where the damage deposit is
insufficient to cover the damages the City will invoice the
User for repair costs. The City reserves the right to wave
a damage deposit for Eden Prairie High School activities or
Eden Prairie Athletic Associations.
8. Final Payment:
The total charges for rental use per hour will be based on
Schedule A. Final payment is due before User group begins
said activities as described in number 4 above. City will
provide User with an exact breakdown of rental charges and
receipt for payment following rates on Schedule A. Eden
Prairie High School activities and Eden Prairie Athletic
Associations will be billed on a monthly basis. A monthly
billing statement will be sent to Eden Prairie High School
-12-
.and Eden Prairie Athletic Associations on the first working
day of every month, for the amount due upon usage from the
previous month. This statement must be paid in full by the
15th of the month. If the City does not receive full
payment by the 15th of the month, the City will then begin
charging interest on the balance at 87., and if payment is
not received by the last day of the month, the User will be
barred from further use of the facilities until payment is
received, or a payment schedule negotiated.
9. Eden Prairie High School Hockey Games:
Ice time rental for Eden Prairie High School Varsity and/or
Junior Varsity hockey games held at the Community Center
will be taken from total gate receipts collected on the day
of the game(s) settlement, following Schedule A. There is a
50-50 percentage split of remaining gate receipt monies
between School District 272 and the City, after deducting
the amount due for ice rental as stated above. All other
ice time usage will be charge on monthly basis as referred
to in number 8.
10. Effective Termination:
Termination of this contract shall not discharge any
liability, responsibility or right of any party which arises
from the performance of, or failure to adequately perform
the terms of this contract prior to the effective date of
,(12(1
-13-
termination. Nor shall termination discharge any obligation
which, by its nature, would survive after the date of
termination, including by way of illustration but not by
limitation, the indemnification provision and the payment of
fees under this agreement.
11. Governing Law:
This contract shall be governed by and construed in
accordance with the substantive and procedural laws of the
State of Minnesota, without giving effect to the principles
of conflict of laws. All proceedings relating to this
contract shall be venued in the State of Minnesota.
12. Modification:
Any alterations, variations, modifications, or waivers of
any provision of this contract shall only be valid when they
have been reduce to writing and signed by authorized
representatives of the City and the User. •
13. Severabilitv:
The provisions of this contract shall be deemed severable.
If any provision of this contract is rendered void, invalid
or unenforceable, such rendering shall not affect the
validity and enforceability of the remainder.
-14-
IN WITNESS WHEREOF, the parties have read this agreement,
understand the provisions hereof and agree to enter into
this agreement on the terms and conditions as set forth
above.
City of Eden Prairie
Print Name:
Sign
Title:
User
Print Name:
Sign
Title:
By By
Title: Title:
Notary Acknowledoement
This instrument was acknowledged before
Me on , 19 by
(title) of
. Who, being duly
sworn represents and warrants that
he/she is authorized by law and all
necessary board action to execute this
agreement on behalf of
, contending this agreement to
be a legally binding obligation of the
entity.
cssiettcn
Schedule A
Eden Prairie Community Center
Facility Rental Priority Policy
In 1981, prior to the Community Center opening its doors, a
policy for usage of the Community Center was established by the
City Council. This policy covers ice rentals, pool rentals and
racquetball court rental.
In June of 1982, the City adopted the following order of priority
for use of the Community Center.
a. City of Eden Prairie Programs
b. Eden Prairie School District 272
c. Eden Prairie non-profit youth organizations
d. Eden Prairie non-profit adult organizations
e. other Eden Prairie groups of special interest or profit
oriented groups
f. other groups that are special interest or profit oriented,
or groups where less than 757. of the membership is from Eden
Prairie
Ever since the Community Center was opened there have been
several local groups requesting additional time including the
Eden Prairie Hockey Association, the Eden Prairie Figure Skating
Club, Eden Prairie Foxjets Swim Club, and the Men's Hockey
League. The policy that has evolved over the last four years is
as follows:
Any local group including the Eden Prairie High School, Eden
Prairie Hockey Association, Eden Prairie Figure Skating
Club, Foxjet Swim Club, and the Minnesota North Stars will
receive priority use of the hours of rental time that was
purchased the previous year: however the City and School
District 272 will still have the option of scheduling these
hours for their programs. Any rental that was originally
scheduled but then turned back to the City and not paid for
will then become available to all of the above organizations
on a first come first serve basis the following year.
If any of the above organizations do not request any rental
time that has become available, as stated above, it will
then become available to the general public.
In 1983, during negotiations between the City and the North Stars
the City agreed to charge the North Stars a fee for non-prime
time ice, the same as the School District and Eden Prairie non-
profit youth organizations; and agreed that the North Stars would
be treated on a ice .scheduling basis similar to a local non-
profit organization.
Page 1
dciri
Schedule A - Continued
1992 Community Center Rental Rates
Ice Rental Rates:
Prime Time Ice - is defined as any ice available for sale as
follows:
Saturday - Sunday 6:00 am - 2:00 am All Year
Monday - Friday 6:00 am - 2:00 am June, July August
Monday - Friday 2:00 pm - 2:00 am (September - May)
Rates of Charge:
• Regular Rental $95.00/hour + 6 1/27. sales tax (when
applicable)
• For Associations and groups including Hockey Association of
Eden Prairie, Eden Prairie Figure Skating Club, School
District 272, Minnesota North Stars Hockey Club and Mens
Hockey League, who schedule at least 100 hours of ice per
year charged as follows: $90.00/hour + 6 1/27. sales tax
(when applicable)
Non Prime Time Ice - is defined as any ice available for sale as
follows:
Monday - Friday 6:00 am - 2:00 pm (September - May
Rates of Charge:
• Regular Rental $47.50/hour + 6 1/27. sales tax (when
applicable)
• For Associations and groups including Hockey Association of
Eden Prairie, Eden Prairie Figure Skating Club, School
District 272, Minnesota North Stars Hockey Club and Mens
Hockey League, who schedule at least 100 hours of ice per
year, charged as follows: $45.00/hour + 6 1/27. sales tax
(when applicable)
Special Ice
• For School District 272 Physical Educational Classes
scheduled September - May 7:00 am - 2:00 pm will be charged
as follows: $23.75/hour
• For overnight group rentals, when renting the entire
Community Center, ice will be charged as follows: $50.00/hour + 6 1/27. sales tax (when applicable)
Note: Tax exempt status information must be given to City when
ice is scheduled in order to have sales tax waived.
Page 2
acin
6 lanes/25 meters
Shallow Wing
Whole Pool
82' x 45'
$3.25 per lane
3,690 sq. ft.
30' x 60'
N/A
1,800 sq. ft.
5,490 sq. ft. see above
$19.50
$10.50
$30.00
Schedule A - Continued
POOL RENTAL RATES:
Based on $35.00/hour for 5,490 total square feet.
8 lanes/25 yards
Diving Well
Area
75• x 60'
4,500 sq. ft.
22' x 45'
990 sq. ft.
Cost Per
Partition
$3.35 per lane
N/A
Total
Cost
$26.80
$ 8.20
6 lanes/25 meters 82 x 45'
$3.65 per lane $21.90
3,690 sq. ft.
Shallow Wing 30' x 60'
N/A
$13.10
1,800 sq. ft.
Whole Pool
5,490 sq. ft. see above
$35.00
Swim Meets: $50.00/hour
SPECIAL POOL RATES:
(for Eden Prairie School District Physical Education Classes)
Based on: $30.00/hour for 5,490 total square feet.
Section
8 lanes/25 yards
Diving Well
Area
75' x 60'
4,500 sq. ft.
22' x 45'
990 sq. ft.
Cost Per
Partition
$2.95 per lane
N/A
Total
Cost
$23.60
$ 6.40
Overnight Group Rental: $35.00 per hour used plus 6 1/27. sales
tax (when applicable). Rate includes
one lifeguard for up to 25 swimmers.
Additional lifeguards must be added as
follows at $7.50/hr.
26-50 swimmers - 2nd Lifeguard required
51-75 swimmers - 3rd Lifeguard required
76 and over - 4th Lifeguard required
Page 3
Schedule A - Continued
Racquetball Court Rental:
Regular Racquetball court Rental: $12.00 per hour per
court.
Overnight Group Rental: $12.00 per hour per court / $10.00
per hour per court if all 3 courts
rented.
Meeting Room Rental:
Regular Meeting Room Rentals The meeting rooms are provided
free of charge to Eden Prairie
service groups and Eden
Prairie residents. These
rooms can not be reserved for
profit making activities
unless authorized by the City
of Eden Prairie.
Business Meetings / Non Resident Use
Meeting Room "B": $10.00 per hour used
Meeting Room "C": $15.00 per hour used
Upper Lobby Area: $10.00 per hour used
Overnight Group Rental: For overnight groups using other
facilities at the Community Center,
the meeting rooms will be provided
at a flat rate charge of $25.00,
for all three rooms or any
combination of the above.
Other Items Available to Rent:
Ping pang tables: $ 5.00 per table/night
TV & VCR cabinet: $10.00 per night
Board games: $ 5.00 per game/night
Figure Skates: $ 1.00 per pair/night
(young sizes only)
Racquetball Rackets: $ 2.00 per racket/night
Page 4
MEMORANDUM
TO:
THROUGH
FROM:
DATE:
SUBJECT:
Mayor and City Council
Parks, Recreation and Natural Resources Commission
Carl Julie, City Manager
Bob Lambert, Director of Parks, Recreation and Natural Resources
November 13, 1991
Proposed Study Regarding Water Elevation of Glen Lake, Shady Oak Lake &
Birch Island Lake
BACKGROUND:
Attached to this memo is a letter to David Sonnenberg, Director of Engineering for the City of
Minnetonka, from Barr Engineering describing a proposed study of the decline in the water
surface elevation of Glen Lake, Shady Oak Lake and Birch Island Like. This Phase I study
would cost approximately $40,000 and is proposed to be shared by Nine-Mile Creek Watershed
District, Minnetonka and the City of Eden Prairie. Also attached to this memo is an October
30th letter from the City of Minnetonka to the Nine-Mile Creek Board of Managers
recommending that Nine-Mile Creek Watershed District pay $13,332 of this $40,000 study, the
City of Eden Prairie pay $8,889 and the City of Minnetonka pay $17,778.
The purpose of the Phase I study is to identify the problem, if there is a problem, and find out
just what is causing the low water in these lakes. Upon review of the data provided in the Phase
I study the cities of Minnetonka and Eden Prairie, and the Nine-Mile Creek Watershed District
would then have to decide if they wanted to fund a Phase II study that would provide the solution
to correcting the problem. The estimated cost for Phase II study would be would be anywhere
from $25,000 to $60,000 depending on what is found in the Phase I study.
Phase III of this proposed project would then be the construction plans and actual implementation
of the program to correct the problem.
RECOMMENDATION:
City staff recommend the City Council authorize expenditures up to $8,889 to approve the Phase
I study to determine the cause for the receding water table at Birch Island Lake. If it is possible
to correct this trend and restore the water level of Birch Island Lake the value to Birch Island
Park, Camp Edenwood and the surrounding neighborhood would be immeasurable in terms of
dollars and cents. Staff recommends funding this project from the 1991 General Fund Reserve.
Proposed Study
November 12, 1991
Page 2
Staff would not recommend making a decision on any further funding until receiving a report
from Barr Engineering regarding the cause of the problem.
This item will be reviewed by the Parks, Recreation and Natural Resources Commission at the
November 18th meeting and the City Council at the November 19th meeting.
BL:mdd
lakes/bob
cr,k15
,
(
L H Lib Li u L
October 30, 1991
Ms. Aileen Kulak, President
Board of Managers
Nine Mile Creek
Watershed District
c/o Mt. Robert C. Obermeyer
Barr Engineering Company
8300 Norman Center Drive
Minneapolis, MN 55437-1026
RE: ENGINEERING INVESTIGATION OF BIRCH ISLAND LAKE, GLEN LAKE,
AND SHADY OAK LAKE
Dear Ms. Kulak:
I appreciated the opportunity to appear before the Board of
Managers at your September meeting to introduce the subject of
studying Birch Island Lake, Glen Lake, and Shady Oak Lake with
respect to the decline in open water area and the apparently
related macrophyte expansion.
We have since discussed this issue further with John Dickson and
Bob Obermeyer, of Barr Engineering Company, who have provided us
with a work plan (copy attached) for what would be the
investigative phase of a study of these three lakes. The
investigative phase may eventually lead to a program of
remediation. I have also discussed the matter with Eden Prairie
staff who believe that their City Council, having previously
expressed similar concerns re5arding Birch Island Lake, would be
agreeable to participate in this Phase One study.
Based on this same information, the Minnetonka City Council has
authorized me to propose a cooperative venture between the Nine
Mile Creek Watershed District, the City of Eden Prairie, and the
City of Minnetonka to undertake this Phase One study. We are
requesting the Nine Mile Creek Watershed District to fund
one-third of the study, and the remaining two-thirds of the cost
would be funded by the cities of Eden Prairie and Minnetonka at
a respective ratio of 1/3:2/3. In funding its share of the
study, the City of Minnetonka will be requesting participation
by the City of Hopkins in light of their ownership and operation
of the Shady Oak beach facilities.
Using the proposed cost sharing formula, the three agencies
would divide the estimated study cost as follows:
Nine Mile Creek Watershed District
$13,333.00 City of Eden Prairie
$ 8,889.00 City of Minnetonka
$17,778.00
TOTAL:
$40,000.00
the city offices are located at 14600 minnetonka boulevard minnetonka, minnesota 55345-1597
office: (612)-939-8200 fax: (612)-939-8244
Kulak
Page 2
October 30, 1991
We are hopeful that you will agree that the similarity of
characteristics being exhibited by these three lakes and their
geographic proximity combine to make this a cost effective
approach, and that the regional character of this study makes
such a cooperative effort appropriate.
Therefore, the City of Minnetonka is requesting that the Board
of Managers of the Nine Mile Creek Watershed District prepare a
cooperative agreement for consideration by the Board and the
City Councils of Eden Prairie and Minnetonka such that the study
efforts could be undertaken as soon as possible.
/ will keep my calendar clear for the evening of November 20
should the Board of Managers wish to schedule consideration of
our request for that meeting. In the interim, please feel free
to contact me at your convenience should you have any questions
or wish additional information.
Sincerely,
/—
1 /
David . . Sonnenberg, IA
Director of Engineering
/kk
cc: Mayor and Members of the City Council
James F. Miller, City Manager, Minnetonka
Ann Perry, Director of Planning, Minnetonka
Stephen Mielke, City Manager, Hopkins
Ray Haik, Popham, Haik, Schobrich & Kaufman, LTD
Gene Deitz, Director of Public Works, Eden Prairie
Richard Urban
c1 L(3 q
Barr • Ba
**Enree. ing CaVanY
r803 Gmmry Aped
,mnimpoos. MN 55439.3123
12/830-0555
6121835.0786 (Facs.me)
September 27, 1991
Mr. David Sonnenberg
Director of Engineering
City of Minnetonka
14600 Minnetonka Boulevard
Minnetonka, Minnesota 55345
Dear Mr. Sonnenberg:
As requested, the purpose of this correspondence is to provide the City
of Minnetonka with a more detailed breakdown of the work plan and cost
estimate as outlined in our August 29, 1991 correspondence for investigating
the decline in the water surface elevation of Glen Lake. Also, as a result
of our meeting on September 10th and your subsequent discussions with
Gene Dietz, Director of Public Works, City of Eden Prairie, the work plan has
been expanded to include an investigation of the decline occurring in both
Birch Island Lake and Shady Oak Lake.
The Phase One investigation is divide into five work tasks: 1) data
collection, 2) field survey, 3) water balance calculation,
4) conclusions/recommendations, and 5) meetings. The following paragraphs
will present a description of each work task, an estimate of the time
required to undertake each task, and a cost estimate for completing each
task. The time estimate and cost estimate will also be presented if just
Glen Lake is investigated and if all three of the lakes are investigated.
DATA COLLECTION
The first phase of the investigation will be to collect information,
both historical and current, regarding the lake and aetivities that have
occurred in the lakes tributary drainage area. As stated in our August 29th
correspondence, this would included air photographs, construction plans for
development and utilities in the general area of the lake(s), and information
that area residents may have regarding activities that may have affected the
lake(s) and changes that may have occurred within the lake(s). The base line
information will also include precipitation data, soils information for the
area, lake level and groundwater data for the area. This information will be
enable a water balance for the lake(s) to be calculated.
FIELD SURVEY
A survey of the lake(s) will be conducted which will include an
assessment of the macrophyte population, taking lake bottom sediment core
samples for evaluation, and hand auger borings for each lake(s) for a
determination of the groundwater gradient in the area surrounding the
lake(s).
Mr. David Sonnenberg
September 30, 1991 Page 2
WATER BALANCI
A water balance for the lake(s) will be completed. This calculation will
show the relationship between precipitation, surface water runoff,
groundwater flow, evaporation and transpiration.
CONCLVSIONS
The results of the Phase One investigation will be summarized in a
report to the City. This report will present the necessary information for
a determination to be made regarding the necessity of a Phase Two
investigatiwc,. r-nred in our previous correspondence, a more detailed work
plan and cost estimate will be prepared and submitted for review and approval
prior to beginning Phase Two.
MEETINGS
Throughout the course of the Phase One investigation, meetings with the
City staff and area residents will be conducted. We feel it is critical in
obtaining the input of the City and residents in the analysis. Once a draft
of the report is complete, a meeting with the interested parties to discuss
the finding will be conducted. The report will be' finalized after this
meeting has been held.
The following table presents a breakdown of time and cost for completing
each of the work tasks.
Work Tasks Glen Lake
Glen Lake, Birch Island
Lake 6 Shady Oak Lake
Data Collection $2,000
26 hrs; $250 expenses
$2,500
30 hrs: $250 expenses
Field Survey $6,500
110 hrs; $500 expenses
$18,500
310 hrs: $1,500 expenses
Water Balance $2,500
35 hrs
$7,000
100 hrs
Analysis $5,000
72 hrs: $250 expenses
$8,500
120 hrs: $500 expenses
Meetings $1,500
16 hrs $100 expenses
$3,500
48 hrs: $250 expenses
1 TOTAL $17,500 $40,000
We propose to complete the work tasks as outlined on a time and expenses
basis at a cost not to exceed that presented without written authorization.
Phase One investigation can be completed within 90 days from notification to
proceed if just Glen Lake is investigated and 120 days if the three lakes are
,m ()
7 neerely,
S 2
John D. Dickson
Mr. David Sonnenberg September 30. 1991 Page 3
analyzed. As can be seen, if the three lakes are investigated there is a
savings in time and cost because much of the data collection and analysis is
the same whether one or three lakes are investigated.
We look forward to the opportunity of working with the Cities on this
-project. If you have any questions or request additional information, please
call me a 830-0555.
JDD:pls
de)
M. CECILIA RAY
16121 347-0289
I.AW OFFICES
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
4800 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402-4119
TELEPHONE (6121 347-0309 7194coma (612) 339-6686
November 12, 1991
Joyce Provo
City of Eden Prairie
7600 Executive Drive
Eden Prairie, 55344
Re: Southwest Suburban Cable Commission - 1991 CATV Relief Extension
Dear Ms. Provo:
Enclosed is a set of documents for the City of Eden Prairie, pertaining
to the above-referenced matter. Specifically, we have enclosed:
1. A copy of Resolution No. 1-1991, adopted by the Southwest
Suburban Cable Commission at its meeting on October 23, 1991;
2. Transmittal letter dated October 23, 1991, from Karen J.
Anderson, Chair of the Southwest Suburban Cable Commission;
3. Calendar of Action;
4. A Resolution for adoption by the City of Eden Prairie;
5. An Ordinance for adoption by the City of Eden Prairie;
6. Restated Performance Agreement, to be entered into by the
franchise holder and the City of Eden Prairie;
7. A Consent Agreement and Guaranty of Performance, to be entered
into by the City of Eden Prairie, KBL Cable, Inc. and KBLCOM
Incorporated, parent companies of the franchise holder;
8. SWSCC Memorandum dated July 24, 1991, summarizing the Relief
Extension request of Paragon Cable; and
+.+. lloSe1onal As tion 207
M. Cecilia R
MOSS 61 BARNETT
A PILOYESSIONAL ASSOCIATION
Joyce Provo
Page 2
November 12, 1991
9. Series of frequently asked questions, and responsive answers.
concerning the 1991 CATV Relief Extension.
I understand the City of Eden Prairie is prepared to have its first
reading on the Ordinance amendment on Tuesday, November 19. The second
reading will be held on Tuesday, December 3.
Please note that, pursuant to the enclosed City Resolution. (a) four
executed copies of each of the City Resolution, the Ordinance, the Restated
Performance Agreement, and the Consent Agreement should be returned to Moss &
Barnett and (b) the Resolution and Ordinance will be ineffective unless each
of the Member Cities of the Southwest Suburban Cable Commission adopts similar
resolutions and ordinances within 90 days of adoption by the first Member City.
If you have any questions regarding these enclosures, please do not
hesitate to contact me.
MCR/dmb
193ZDMB
Enclosures
cc: Adrian E. Herbst, Esq. w/o enc.
Debra Cottone w/o enc.
David A. Jones, Esq. w/o enc.
Richard F. Rosow, Esq. w/enc.
Sincerely,
MOSS & BARNETT
‘7\
SOUTHWEST SUBURBAN CABLE COMMISSION
c/o MOSS & BARNETT'
4800 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402-4119
(612) 347-0300
October 23, 1991
Re: 1991 CATV Relief Extension
TO: The Honorable Mayor and Members of the City Council of the City of Eden
Prairie, Minnesota
Transmitted to you under cover of this letter are various documents
relating to the above referenced matter. Some of these enclosures are
provided for action by your City. Others are for your information only and do
not require any action by you.
Each of the Member Cities of the SWSCC must give its approval to the 1991
CA/ Relief Extension in order for the Relief Agreement, first entered into in
1985 and extended in 1988, to remain in effect. The enclosed Calendar of
Action sets dates for hearings by each of the Member Cities of the SWSCC. We
ask that you place this matter for consideration on the agenda for your City's
council meetings, on the two dates shown on the Calendar of Action. Members
of the SWSCC staff will work with your City staff to accomplish any necessary
publications.
Specifically, you are asked to consider and approve at your council
meetings the following items, which are enclosed with this letter:
1. A Resolution Approving Settlement with the Grantee under the
City's Cable Communication Franchise Ordinance Regarding Revisions to and
Extension of Certain terms of the CATV Relief Ordinance as Amended, Based
Upon Enactment of the Local Programming Restructuring Ordinance and
Modifications to Other Related Agreements (the "Resolution").
2. An Ordinance Repealing the CATV Relief Ordinance, Ordinance No.
12-85, and CATV Relief Ordinance Amendment, Ordinance No. 57-88,
Providing for the Continuance of Certain Aspects of the CATV Relief
Ordinance, as Amended, and 'Restructuring the Manner in which Local
Programming is Funded (the "Relief Ordinance").
3. Restated Performance Agreement.
4. Consent Agreement and Guaranty of Performance ("Consent
Agreement").
10
Cities of Eden Prairie, Edina, Hopkins, Minnetonka & Richfield
Page 2
October 23, 1991
Earlier drafts of each of these documents were provided to your City Attorney
for review and comment. The enclosed documents are final documents and
incorporate suggested revisions, to the extent they were agreeable to the
franchise grantee and the SWSCC. Again, your City Attorney is aware of any
revisions made, and those which were not made.
Once your City has given all necessary approvals to the Resolution,
Relief Ordinance, Restated Performance Agreement and Consent Agreement, please
notify Adrian Herbst at Moss & Harnett (90 South 7th Street, Minneapolis, MN
55402), the administrator of the SWSCC. Please have your City Clerk provide
Adrian Herbst with four (4) signed originals of each of these documents. We
will compile the fully signed documents into closing books, when this matter
is completed. Our goal is to complete this by the end of the year. Your
assistance and cooperation in meeting this objective is greatly appreciated.
Finally, we enclose for your information a Summary of the Key Elements of
the 1991 CATV Relief Extension, and a series of frequently asked questions,
and their answers, concerning the 1991 CATV Relief Extension. We hope these
enclosures will provide you with answers to your questions about the 1991 CATV
Relief Extension, and will assure you of the beneficial effects of its
adoption.
Very truly yours,
•
Karen Anderson, Chair
AEH/ral
171/17220M8
30
swscC
KEMOMUM
7/24/91
RELIEF EKTENSIO REQUEST
The following is the summary of an agreement that has been
reached between representatives of Paragon Cable and the
Southwest Suburban Cable Commission (*SWSCC") at its meeting of
July 24, 1991.
Paragon Cable has requested that the Relief Agreement
remain in effect until the end of the Franchise term, which is
December 31, 1999 (the current termination date for the Relief
Agreement is March 1, 1992). The SWSCC recommends acceptance
of the relief extension request, with certain modifications
(summarized below) as mutually agreed to by the parties.
1. Franchise Fee. The full 5% Franchise fee would be
paid to the Cities beginning August 1, 1992.
According to calculations made by Paragon Cable, the
additional 1% Franchise fee that would then be
received by the Member Cities from August 1, 1992
through December 31, 1999 would amount to
approximately two million dollars.
2. Local Proaramnina Overview. The current formula for
local programming funding, that is the 1% match
between the Cities and the cable company, would
remain in effect until July 31, 1992. The following
funding and services would take effect August 1, 1992:
a. Local Oriaination Proaramming. This is
currently funded by the Member Cities in the
amount of $115,000 per year for the 'Southwest
Community News* show. This obligationndiTI -be
asatileed -by-Piregbh Cable upon expiration of the
current contract between Paragon Cable and the
Commission. The current date of termination of
the contract is November IT, 1991. Therefore,
Paragon Cable will start production of the news
show after that date and continue to provide
production through November 17, 1993.
Thereafter Paragon Cable will spend a minimum of
$100,000 from the local programming budget
annually on local origination projects. Paragon
Cable acknowledges that its spending (in at
least 1992 and 1993) may exceed the figures
proposed due to the costs associated with
production of the news show.
b. Local Proarammina Funding. The Operating
Committee intended that the annual budget would
approximate the currant level ($115,000 for the
-2-
'11',
news show and $260,000 for public access). The
negotiations resulted in a funding formula that
established a base of $347,000 in 1992 which
will escalate at an annual rate of 5%
thereafter. These funds will support both locaY
origination and public access.
C. Local Proarammina_ Expenses -- Franchise _Fee
Calculatian. The annual budget for local
programming will be deducted from gross revenues
prior to calculation of the franchise fee when
proposed changes become effective. In other
words, the $347,000 amount will not be included
as part of the revenue of Paragon Cable against
which the 5% Franchise fee is calculated.
d. Other Local Proarammina Obliaations. Paragon Cable will continue to meet the service levels
described in the Performance Agreement and
Service And Facilities contracts. However, as
subscribers (and this funding) increase, it is anticipated that the playback hours will be expanded and additional staff hired as necessary. Paragon Cable will notify the
Commission of all plans for service enhancements.
e. Local Proarammina Reoortx. Because Paragon Cable and the Commission and Member Cities will no longer be, in effect, partners in the
development of local programming due to the match no longer existing, Paragon Cable will not submit its annual budget to the SWSCC for
approval. However, Paragon Cable will certify
its local programming expenditures and will
provide an overview of local programming
services and enhancements in its annual report
to the SWSCC. Also, pursuant to the CATV Relief
Agreement, Paragon Cable will also provide a
preview of the upcoming year's activity in its annual business plan.
f. Continued Cooperation. It is intended that coordination and cooperation in the production
of local programming will continue between the
Cities and Paragon Cable. First, Paragon Cable
proposes to continue production of the °Southwest Community News* show for a period of
at least two (2) years from November 17, 1991 to
the end of 1993. Thereafter, Paragon Cable
proposes to allocate at least $100,000 annually to local origination (from the local programming
budget) and to discuss program ideas and
requests with the Commission. It may well be
that both parties will agree to continue the
-3-
news show through 1999. It may also be
determined that another format or type of weekly
show would better serve the Cities.
Second, Paragon Cable believes that its local
programming staff has made every effort to be
responsive to the Cities requests for
programming. Most programming is developed
individually with the cities and it is
recommended that this cooperative effort
continue.
Lastly, local programming has functioned as a
hybrid of public access and local origination.
This is necessary to assure production of
community events, to assist producers in
completing projects, to respond to the myriad of
public requests and to maximize the benefit of
volunteer activity. Paragon Cable proposes to
continue this flexible, needs-based approach to
the delivery of local programming services.
O. Sill itemization. Paragon Cable will agree to
refrain from separately itemizing local
programming charges on customer bills through
July 31, 1994. Thereafter, Paragon Cable will
reserve its right to do so. However, in the
event Paragon Cable decides to itemize such
local programming charges on customer bills
after July 31, 1994, the company will provide a
sixty day notice to the SWSCC and allow the
Commission time to comment. Further, the SwSCC
and Member Cities retain the right to legally
challenge or object to Paragon Cable's
itemization.
h. Stioulation_for Renewal Purposes. Paragon Cable
will agree to enter into a stipulation
indicating that, for purposes of Franchise
renewal, the levels of support for local
programming contained in the Agreement extending
the CATV Relief Agreement should be treated as
if they were contained in the original Franchise
proposal.
3. Termination of Aareement. It will be understood
between Paragon Cable and the Member Cities, that
although the Relief Agreement is extended through
December 31, 1999, this new Agreement will terminate
upon the sale or transfer of the cable system.
4. Reoortina Reauirements. The reporting requirements
included in the CATV Relief Agreement will be
reviewed and revised, as necessary, to assure that
-4-
meaningful reports are prepared for purposes of the
SWSCC's ongoing administration of the Franchise and
in preparation for Franchise renewal.
In conclusion, the above summary outlines an agreement in
principle that was recently approved by the SWSCC. The reviev
of the request for extension of relief has been a highly
complex matter. We believe that what is presented in
this memorandum provides a simple straight forward approach in resolving any issues or concerns and allows both the Commission and Paragon Cable to achieve their goals.
The Commission will continue to keep the Member Cities
apprised of the process leading to ordinance amendments i
n
ongoing updates as necessary and appropriate.
-5-
FREQUENTLY ASKED QUESTIONS REGARDING
THE 1991 CATV RELIEF EXTENSION
The following are frequently asked questions regarding the 1991 CATv
relief extension and answers to these questions:
1. As part of the Relief Extension, can we require that the cable
operator provide particular programming to subscribers, such as the Midwest
Sports Channel?
Response: No. The Federal Cable Act prohibits the franchising
authority from requiring that the cable operator designate channel
capacity for any particular use, except in the case or public,
educational or governmental use.
2. Can we require that the cable operator freeze its rate increases for
some period of time, in connection with the Relief Extension?
Response: No. The Federal Cable Act prohibits the franchising
authority from regulating the rates charged by the cable operator for
services, except in certain circumstances which do not apply here.
3. Can the SWSCC and its member cities benefit from the cost savings
and ultimate economic return to the cable operator afforded by Relief
Extension, by requiring that the cable operator pay a portion of its profit in
the event of a sale of its system?
Response: It is possible that an agreement with the cable operator
to share in system equity could be challenged as a franchise fee, in
excess of the 5% limit set under the Federal Cable Act. There have been
no court decisions on this issue. Similarly, an agreement requiring a
rebate to subscribers, in the event of a profitable sale of the system or
on renewal, could also be seen as a franchise fee payment. Given the
lack of clarity in this area, it is advisable for the Commission to
pursue benefits in other areas, such as local origination programming and
outright payment of the full 5% franchise fee.
ORDINANCE NO. 3 1 -q
An Ordinance Repealing the CATV Relief Ordinance,
Ordinance No. 12-85, and CAT!! Relief Ordinance
Amendment, Ordinance No. 57-88, Providing for the
Continuance of Certain Aspects of the CAT!! Relief
Ordinance, As Amended, and Restructuring the
Manner in which Local Programming is Funded.
The City Council of the City of Eden Prairie ordains as
follows:
Section 1. Short Title.
This Ordinance shall be known as the "Local Programming
Restructuring Ordinance."
Section 2. Background and Purpose.
In 1984, Grantee requested that the Southwest Suburban Cable
Commission ("SWSCC") and Member Cities substantially restructure
certain aspects of the Franchise in response to the serious
financial difficulties experienced by the Grantee. The Member
Cities enacted the CATV Relief Ordinance and the SWSCC and the
Member Cities entered into the Performance Agreement in response
to Grantee's request. The result was to reduce Grantee's Local
Programming Obligations and Franchise Fee requirement, provide
Grantee with an incentive to refinance its debt obligation and
increase the involvement of the SWSCC and Member Cities in funding
Local Programming Obligations and monitoring Grantee's
performance. The CATV Relief Ordinance Amendment was enacted in
1988 as a part of the transfer of control of Grantee and resulted
in the continuance of the CATV Relief Ordinance with some
modification.
In 1990, Grantee petitioned SWSCC to extend the provisions of the
CATV Relief Ordinance and CATV Relief Ordinance Amendment
(collectively "Relief Ordinances") through the term of the
franchise. The SWSCC and Grantee reviewed the request through a
series of meetings of the SWSCC operating committee and
commission. The SWSCC, Member Cities and Grantee concur that the
implementation of the Relief Ordinances has contributed to the
achievement of the original goal of the SWSCC and its Member
Cities: stabilizing and improving the financial condition of the
Grantee. As a result, certain SWSCC oversight responsibilities
and reporting requirements imposed by the Relief Ordinances and
Performance Agreement are no longer necessary.
The SWSCC and Grantee also concur that certain changes in the
usage of channels on the cable system and the provision of access
programming, community access programming and local origination
gu-n
programming (collectively "Local Programming") resulted in a
channel line-up including more satellite programming services than
originally proposed by Grantee, as well as focusing Local
Programming channels so as to better serve the Member Cities. The
resulting programming line-up provides diversity and appeal to
CATV subscribers while maintaining a strong Local Programming
component. It was agreed that the mix and level of satellite
services and Local Programming should be continued.
Finally, it was determined that since Grantee had improved and
stabilized its financial condition, it should assume full
responsibility for funding Local Programming as was contemplated
at the time of the Franchise award. Since the SWSCC will no
longer be a direct participant in the funding of Local
Programming, it was determined that the role of the SWSCC in the
oversight of Local Programming should be restructured.
The SWSCC has adopted a resolution approving the modification and
extension of certain provisions of the Relief Ordinances and
related documents ("SWSCC Resolution"). Each of the Member Cities
must also adopt a similar Resolution. This Ordinance will be
effective only if the terms of the SWSCC Resolution are satisfied
and Grantee agrees to be bound by the terms of this Ordinance
through the execution of an Acceptance Agreement.
Section 3. Relationship to Cable Communications Ordinance.
This Ordinance does not permanently amend any provision of the
Cable Communications Ordinance (the "Franchise") but provides that
certain provisions of that ordinance are modified for a period of
time as provided herein. Except as expressly modified in this
Ordinance and related agreements entered into pursuant to this
Ordinance, the provisions of the Franchise remain in full force
and effect. In the event of a conflict or inconsistency between
the Franchise or offering and any provision of this Ordinance, the
Restated Performance Agreement or any other document entered into
pursuant to this Ordinance, the provision of this Ordinance, the
Restated Performance Agreement or said document entered into
pursuant to this Ordinance shall be controlling so long as this
ordinance remains in effect.
Section 4. Definitions.
Subdivision 1. The definitions in the Franchise also apply
to this Ordinance.
Subdivision 2. In addition, the following words and
phrases shall have the meanings given them:
(1) "Franchise" means the Cable Communications
Ordinance as now or hereafter amended.
-2-
:),(10`1
(2) "Local Programming" means access, community
access and/or local origination programming as set forth in
the Restated Performance Agreement.
(3) "Local Programming Obligations" means Grantee's
obligations under the Franchise and the Offering for
cablecast access, community access and local origination
programming.
(4) "News Show" means that show produced by Grantee
pursuant to an Agreement with the SWSCC dated January 23,
1991.
(5) "Relief Ordinances" means the CATV Relief
Ordinance as modified by the CATV Relief Ordinance
Amendment.
(6) "Restated Performance Agreement" means that
contractual agreement between Grantee, City and SWSCC
establishing the terms and conditions under which Grantee
will be required to fund and otherwise fulfill its Local
Programming requirements and establishing reporting
standards and criteria for Franchise compliance in other
areas.
(7) "Restructured Local Programming Obligations"
means Grantee's access, community access and local
origination programming obligations as set forth in the
Local Programming Restructuring Ordinance and the Restated
Performance Agreement. Compliance with the Restructured
Local Programming Obligations shall supersede and be in
complete satisfaction of the Local Programming Obligations.
Section 5. Repeal of Relief Ordinances.
This Ordinance hereby repeals the CATV Relief Ordinance, Ordinance
No. 12-85 and the CATV Relief Ordinance Amendment, Ordinance
No. 57-88 effective August 1, 1992. Through July 31, 1992, the
provisions of the Relief Ordinances shall remain in effect unless
specifically superceded by this Ordinance.
Section 6. Financial Terms.
While this Ordinance is in effect the obligations of Grantee are
modified to the extent provided in this section.
Subdivision 1. Franchise Fees - Percentage. The annual
franchise fee shall be 5% of Gross Revenues payable as follows.
An annual franchise fee of 4% shall be paid to City in equal
quarterly payments on or before the first day of each of the
months of November, February, May and August next following the
end of Grantee's fiscal year. These payments are consistent with
-3--
the payment arrangement contained in the Relief Ordinance. In
addition and pursuant to the new local programming funding
commitments set forth in Subdivision 4 herein, an annual franchise
fee of 1% of Gross Revenues for the most recently completed
quarter shall be paid to City in quarterly payments on or before
the first day of each of the months of November, February, May and
August on current year revenues beginning August 1, 1992. For
purposes of calculating the annual franchise fee, all amounts
spent to fund the Restructured Local Programming Obligations shall
be deducted from Gross Revenues.
Subdivision 2. Letters of Credit. The City Council may by
resolution reduce the required amount of the Letter of Credit
below $50,000 if in its sole discretion it determines that a
lesser amount is reasonable and adequate to protect the public.
It may thereafter, by resolution, require the amount of the Letter
of Credit to be increased or fully restored to the amount of
$50,000. Grantee shall comply with this requirement within sixty
days after written notice has been given by the City.
Subdivision 3. Performance Bond. The Grantee may dispense
with the $300,000 performance bond required by the Franchise. The
City Council may thereafter by resolution require that such bond,
or similar bond in a lesser amount, be provided by Grantee.
Grantee shall comply with this requirement within sixty days after
written notice has been given by the City.
Subdivision 4. Restructured Local Programming
Obligations. Beginning with the third weekly show of November,
1991, Grantee shall assume responsibility for funding the
production of the News Show. The News Show shall continue to be
produced in a manner which is generally consistent with the terms
of the Agreement for Programming Services between Grantee and the
SWSCC, a copy of which is attached hereto as Exhibit 1. However,
the role of the SWSCC and the Member Cities shall be advisory in
nature and neither the SWSCC or Member Cities shall be required to
provide ongoing direct financial support for the News Show.
Grantee shall be obligated to continue to fund and produce the
News Show for a period of two (2) years through the second weekly
show of November, 1993. Thereafter, Grantee shall be required to
expend at least $100,000 annually of its total funding requirement
under the Restructured Local Programming Obligations on local
origination programming. Such funding shall be expended by
Grantee in consultation with the SWSCC, as set forth in the
Restated Performance Agreement.
All provisions of the Relief Ordinances and
Performance Agreement related to the funding of Local Programming
shall remain in effect through July 31, 1992.
Beginning August 1, 1992, Grantee shall
assume full responsibility for funding the Restructured Local
Programming Obligations. From August 1 through December 31, 1992,
the budget for local programming shall be 5/12ths of $347,000;
-4-
(
provided that Grantee shall be required to meet all Restructured
Local Programming Obligations, including the production of the
News Show, irrespective of the actual cost of meeting such
obligations. Thereafter, the annual budget shall be escalated by
an amount equal to five percent (5%) of such budget on an
annualized basis as estimated in Exhibit 2 hereto. Throughout the
term of this Ordinance, Grantee shall consult with the SWSCC
concerning the provision of the Restructured Local Programming
Obligations pursuant to the terms of the Restated Performance
Agreement. The expenditures made pursuant to this subdivision
shall be in complete satisfaction of Grantee's total Restructured
Local Programming Obligations during the period of this ordinance
and shall be deemed to satisfy Grantee's Local Programming
Obligations as well.
The amount of funding for the Restructured
Local Programming Obligations shall not include any costs of
operation, capital foi access evipment replacement or
administration not directly related to the provision of Local
Programming. Grantee shall be responsible to maintain or replace,
as necessary, the equipment listed in the Exhibit to the Contract
for Local Programming Facilities, which is Exhibit 1 to the
Performance Agreement, and shall not offset such expenditures
against the funding for the Restructured Local Programming
Obligations.
Section 7. Automatic Termination.
The provisions of this Ordinance, and the reduced financial terms
contained herein may, at the option of City, cease to be
effective, upon the occurrence of the earliest of any of the
following events:
Subdivision 1. Failure of the Grantee to restore or
replace the full required amount of the Letter of Credit as
provided in Article VIII, Section 4, paragraph H of the Franchise.
Subdivision 2. Failure of the Grantee to restore, replace
or increase either a Letter of Credit or bond within sixty days of
written notice by the City, as provided in Section 6, Subdivisions
2 and 3 of this Ordinance.
Subdivision 3. A holding or determination by any court or
agency that any term, condition or provision of this Ordinance is
invalid or unenforceable, as a result of any action taken by
Grantee or anyone acting on Grantee's behalf seeking such
determination.
Subdivision 4. Sale or transfer of all or substantially
all of the System to a person or entity other than a parent,
subsidiary, related corporation, affiliated corporation, partner
or joint venturer of Grantee or any parent of Grantee.
Subdivision 5. Termination of the Franchise.
-5-
Section 8. Other Terminations.
This Ordinance may also be terminated for cause, under the same
procedures for termination as are contained in the Franchise, for
the following reasons:
Subdivision 1. All grounds for termination provided in the
Franchise and the Local Programming Restructuring Ordinance,
except to the extent that Grantee's performance obligations are
modified in the Local Programming Restructuring Ordinance.
Subdivision 2. Failure of the Grantee to comply with any
of the material provisions of the Restated Performance Agreement.
Section 9. Effective Date.
This ordinance shall be effective upon passage and adoption by
City and upon satisfaction of all of the following conditions:
(1) Publication of this Ordinance;
(2) Passage and adoption by each of the Member Cities of
the SWSCC of an Ordinance similar to this Ordinance
within 90 days of the adoption of such Ordinance by
the first Member City;
(3) Execution by Grantee of all documents necessary to
repeal the Relief Ordinances and effectuate the Local
Programming Restructuring Ordinance. Such documents
shall include, but not be limited to, those documents
listed on Exhibit 3 attached hereto ("Documents").
The executed Documents shall be delivered at a closing
to be held at the office of the SWSCC administrator
within 90 days of the passage of the Local Programming
Restructuring Ordinance by the final Member City
("Closing").
(4) Conformance with the provisions of Article XIV of the
Franchise including delivery to the City of the
acceptance, opinion of legal counsel, guarantees, and
other documents as required by said Article XIV,
before or at Closing.
Passed by the City Council of the City of Eden Prairie,
Minnesota this day of 1991.
By
Mayor
Action on above ordinance:
Date of first reading:
Date of second reading:
-6-
Motion for Adoption:
Seconded by:
Voted in favor:
Voted against:
Abstained:
Absent'
Ordinance adopted:
Date of Publication:
1207DAJ
-7-
— EXHIBIT I TO URBINANCE
AGREEMENT FOR PROGRAM SERVICES
This AGREEMENT made and entered into by and between the
Southwest Suburban Cable Commission, a Joint Powers Commission
organized pursuant to the laws of the State of Minnesota,
hereinafter referred to as the 'SWSCC', and Paragon Cable of
Minnesota, hereinafter known as 'Contractor'.
WITNESSETH:
WHEREAS, the SWSCC wishes to purchase the services of the
Contractor to provide videotape programming for a news show to
be known as "Southwest Community News"; and
WHEREAS, the Contractor has the capability and personnel
to provide the programming desired by the SWSCC; and
WHEREAS, the Contractor understands and the SWSCC likewise
understands that in order to provide the programming that is
desired by the SWSCC, the cooperation of both the SWSCC and
Contractor will be essential; and
WHEREAS, the SWSCC has made available funding for the
purchase of the services of Contractor; and
NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the SWSCC
and the cOntractor agree as follows:
I. RESPONSIBILITIES OF THE PARTIES
A. Contractor Responsibilities:
1. Southwest Community News Show. Contractor will
develop and produce fifty-two (52) weekly news shows
covering events and issues both relevant and timely
to the five Southwest Cities, members of the SWSCC.
Contractor, in providing and developing the news
show, will rely heavily on the cooperation and
assistance of each of the five Southwest Cities. The
story ideas and contacts will be provided by each of
the Cities on a weekly basis. It is the
understanding of the Contractor and the SWSCC that in
the event any City does not provide information or
assistance in a timely manner, it will result in
uneven representation of the Cities and perhaps
higher production costs.
2. Southweat Community hews Show Format. The program will be a 30-minute news show with generally
short (1-4 minutes) news items. The Contractor will
explore with the SWSCC the option of including studio
interviews or more indepth reporting of complex
Li
p-7,j
and/or controversial issues. Any change in the
format brought about by specific requests of the
SWSCC may require further costs. However, Contractor
understands that any changes will not be initiated
without first receiving the authority of the SWSCC.
3. Southwest Community News Scheduling. The show
will be simulcast on Channel 34 (to the five Member
Cities) a minimum of fourteen (14) times over a seven
(7) day period with each show being first shown each
Friday at 6:30 p.m. The show will also be shown
during two (2) time slots each week on Channel 6, the
Regional Channel. Additionally, each Member City has
the option to request the contractor to schedule up
to three (3) narrowcasts (to that City) each week.
All such requests for narrowcasting shall be in
writing every thirty (30) days and with not less than
seven (7) days advance notice to contractor. All
playback of the show will be within the reoularly scheduled plavback hours (as defined by the Access
Rules). Contractor will experiment with other time
slots in order to identify the most watched time
slots; however, schedules will be published in
advance and minimal changes will be made.
4. Southwest Community News Show Viewer Feedback.
Contractor will have a dedicated phone line providing
24-hour feedback by subscribers to its cable system.
The purpose of this will be to provide timely
information to contractor, as well as the SWSCC,
about the interest of the viewing public in the news
show.
5. Promotion & Evaluation:
a. The Contractor will cooperate with the
Cities in providing information to enable the
SWSCC to promote the program. Press releases
and schedules will be prepared by the SwSCC on
its letterhead.
b. Contractor will assist in evaluation,
providing information and counsel based on its
experience and resources.
6. Cooperation. Contractor understands that its
timely performance of the provisions of its
responsibilities included herein are essential to
bring about the best possible news show. Further,
Contractor understands that it will need to assist
and work with appropriate representatives designated
by each of the five Southwest Member Cities.
Contractor agrees that it will designate specific
persons who will have the responsibility to ensure
the production of the programming and to coordinate
with representatives of the City.
-
B. Responsibilities of SwSCC:
1. Cooperation in the Development of News Shows. Each of the Member Cities to the SWSCC will designate
a contact person for the Contractor. It will be the
responsibility of each person so designated by the
City to coordinate with and work with the
representativeS of the Contractor to ensure the
initiation of the story, ideas, and content of
programming to be developed by the Contractor.
2. Facilities. The SWSCC will ensure that its Member Cities will provide reasonable access to their
facilities for the Contractor to ensure that the
Contractor is able to provide at the various Cities'
facilities news shows in response to the request of
the designated individuals of the City.
3. Promotion. The SWSCC will be responsible for
promotion and marketing the show and for costs it
incurs for such purposes. However, it is understood
that it will have the assistance of Contractor and
its expertise. Further, it is understood that
Contractor will include a listing of the show in the
Cable Guide.
4. Focus. The SWSCC may, at any time, with the
assistance of Contractor, conduct a survey, focus group review, or incorporate other measures to
evaluate the impact of the show and the subscriber
acceptance of it. Costs for any such evaluation
shall be the responsibility of the SWSCC, except the
reasonable time and service of Contractor devoted to
providing assistance.
II. TERM AND TERMINATION
A. Term: This Agreement shall be for a 12-month term
consisting of fifty-two (52) weekly shows beginning
November 17, 1990.
B. Termination: Either party may terminate this
Agreement by giving 30 days written notice to the other.
III. COST AND PAYMENT
A. Cost: Each show will be produced at a cost not to
exceed $1,962.50.
B. Monthly Statement: Contractor will submit monthly
billing statements to the SWSCC with payment due within 30
days of the date of the billing statement.
tJ
IV. INDEPENDENT CONTRACTOR
The Contractor shall select the means, method, and manner
of performing the services herein. Nothing is intended or
should be construed in any manner as creating or establishing
the relationship of co-partners between the parties hereto or
as constituting the Contractor as the agent, representative, or
employee of the SWSCC for any purpose or in any manner
whatsoever. The Contractor is to be and shall remain an
independent Contractor with respect to all services performed
under this Agreement. The Contractor represents that it has or
will secure at its own expense all personnel required in
performing services under this Agreement. Any and all
personnel of the Contractor or other persons while engaged in
the performance of any work or services required by the
Contractor under this Agreement shall not have any contractual
relationship with the SWSCC or its Member Cities; and shall not
be considered employees of the SWSCC or its Member Cities. Any
and all claims that may or might arise under the Unemployment
Compensation Act or the Workers Compensation Act of the State
of Minnesota on behalf of said personnel, arising out of
employment or alleged employment, including, without
limitation, claims of discrimination against Contractor, its
officers, agents, contractors, or employees, shall, in no way,
be the responsibility of the SWSCC or its Member Cities. The
Contractor shall defend, indemnify, and hold the SWSCC and its
Member Cities and any of their officers, agents, and employees,
harmless from any and all such claims irrespective of any
determination of any pertinent, tribunal, agency, board,
commission, or court. Such personnel or other persons shall
neither require nor be entitled to any compensation, rights, or
benefits of any kind whatsoever from the SWSCC or its Member
Cities, including, without limitation, tenure rights, medical
and hospital care, sick and vacation leave, workers'
compensation, unemployment insurance, disability, severance
pay, and PERA.
V. INDEMNITY AND INSURANCE
A. The Contractor agrees to defend, indemnify, and hold
the SWSCC, its officers, employees, and agents, harmless
from .any liability, claims, damages, costs, judgments, or
expenses, including reasonable attorney's fees, resulting
directly or indirectly from any act or omission (including
without limitation professional errors or omissions) of
the Contractor, its agents, employees, or assignees in
performance of the services provided by this Agreement and
against all loss by reason of the failure of said
Contractor to fully perform, in any respect, all
obligations under this Agreement.
B. In order to protect itself, as well as the SWSCC,
under the indemnity provisions here and above set forth,
the Contractor agrees at all times during the term of this
Agreement to have and keep in force:
-4-
rvy----?
1. A single limit or combined limit or access
umbrella professional liability insurance policy
covering the activities of the Contractor while
performing services for the SWSCC, through its Member
Cities, in the following amounts: $1-million for personal injuries and/or damages, and $1-million for
total personal injuries and/or damages arising from
one occurrence.
2. A single limit or combined limit or access
umbrella commercial general liability insurance
policy of an amount of not less than $1-million for
property damage arising from one occurrence,
$1-million for total bodily injuries and/or damages
arising from one occurrence, and $1-million for total
personal injuries and/or damages arising from one
occurrence.
VI. DATA PRIVACY
Contractor agrees to abide by all applicable state and
federal laws and regulations concerning the handling and
disclosure of private and confidential information concerning
individuals and/or data including, but not limited to,
information made nonpublic by such laws or regulations.
VII. OWNERSHIP
Contractor understands, and SWSCC agrees, that all
programs produced by the Contractor shall be the property of
the SWSCC and the SWSCC shall be responsible for the
maintenance and storage of each program videotape. Further,
the. SWSCC shall have the responsibility to ensure that any
applicable requirements with respect to the storage of these
program tapes are accomplished by it. Contractor will retain
the video tapes during the term of this Agreement. After the
term of this Agreement, SWSCC will be responsible for the
location and storage of the video tapes.
VIII. NON-ASSIGNMENT
The Contractor shall not assign, subcontract, transfer, or
pledge this Agreement and/or the services to be performed
tender, whether in whole or in part, without the prior written
consent of the SWSCC.
IX. MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement
between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter
hereof. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of this Agreement.
-5-
PARAGON CABLE
l ...0(;:(,) •
VA.) pnc,R
21 ,491
262040
1/4/91
B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
IX. CONTRACT ADMINISTRATION
In order to coordinate the services of the Contractor with
the activities of the SWSCC and its Member Cities so as to
accomplish the purpose of this Agreement, Adrian Herbst,
administrator for the SWSCC, shall manage this Agreement on
behalf of the SWSCC and serve as liaison between the SWSCC, its
Member Cities, and the Contractor.
X. NOTICES
Any notice or demand which must be given or made by a
party hereto under the terms of this Agreement or any statute
or ordinance shall be in writing and shall be sent registered
or certified mail. Notices to the SWSCC shall be sent to the
SWSCC administrator at 4800 Norwest Center, Minneapolis,
Minnesota 55402. Notices to the Contractor shall be sent to
the attention of Debra Cottone, at 801 Plymouth Ave. No.,
Minneapolis, Minnesota 55411.
XI. LAW AND JURISDICTION
This Agreement is entered into and may be enforced
pursuant to the laws of the State of Minnesota and courts of
applicable jurisdiction in Hennepin County, Minnesota.
The foregoing Agreement has been entered into between the
parties this ;...? day of -4 /44t./Att1 1991. Each of the
parties have read the Agreement, qerstand it, and agree to be
bound by it.
SWSCC
-6-
- EXHIBIT 2 TO ORDINANCE
EXHIBIT 2
SCHEDULE OP ESTIMATED ANNUAL
X/NIMUM LOCAL PROGRAMMING EXPENDITURES
ZSTIMATED BUDGET ($000'S)
1992 $ 347*
1993 364
1994 383
1995 402
1996
422
1997 443
1998 465
1999 488
*1992 estimate based on 2% of gross revenues for 7 months (Jan -
July) and 5/12ths of $347,000. 1992 base will be escalated by 5%
annually thereafter.
LPEST
EXHIBIT 3
LIST OF DOCUMENTS
1. Restated Performance Agreement.
2. Restated Contract for Local Programming Facilities.
3. Restated Contract for Public. Educational and
Government Access Services.
4. Acceptance of Local Programming Restructuring
Ordinance.
5. Consent Agreement and Guaranty of Performance.
n f m
ci.10 I
RESOLUTION NO.
A RESOLUTION Approving a Settlement with the
Grantee Under the City's Cable Communications
Franchise Ordinance Regarding Revisions to and
Extension of Certain Terms of the CATV Relief
Ordinance as Amended, Based Upon Enactment of the
Local Programming Restructuring Ordinance and
Modifications to Other Related Agreements.
WHEREAS, the City Council of the City of Eden Prairie
("City") is the official governing body of City; and
WHEREAS, City has awarded a cable communications franchise
("Franchise") which is held by KBL Cablesystems of the Southwest,
Inc. ("Grantee"); and
WHEREAS, the City adopted Ordinance No. 12-85 in 1985
("CAT'! Relief Ordinance"), providing for modification of certain
requirements of the Franchise; and
WHEREAS, Grantee underwent a change of control in 1989 and
in connection thereto requested that City and the Southwest
Suburban Cable Commission ("SWSCC"), a joint powers commission
comprised of this City and the Cities of Edina, Hopkins,
Minnetonka, and Richfield ("Member Cities") modify and extend the
CATV Relief Ordinance as a part of the transfer of ownership; and
WHEREAS, the City adopted Ordinance No. 57-88 providing
modifications to the CATV Relief Ordinance in contemplation of a
transfer of control of the City's Franchise ("CATV Relief
Ordinance Amendment"); and
WHEREAS, the CAT'! Relief Ordinance, as amended by the CATV
Relief Ordinance Amendment (collectively "Relief Ordinances"),
provided that the relief would terminate as of March 1, 1992; and
WHEREAS, the Relief Ordinances required Grantee to make any
requests for extension of the relief prior to September 1, 1990;
and
WHEREAS, Grantee on August 27, 1990, notified City and the
SwSCC of its desire to continue the provisions of the Relief
Ordinances in effect after March 1, 1992; and
WHEREAS, the SWSCC reviewed Grantee's request during a
series of meetings of the SWSCC's operating committee and
regularly scheduled commission meetings; and
WHEREAS, the SWSCC, at a commission meeting, held on
May 22, 1991, authorized its staff to enter into negotiations with
Grantee to develop a SWSCC recommendation to City to continue in
effect certain provisions of the Relief Ordinances on a modified
basis; and
WHEREAS, the SWSCC, at a meeting held on October 23, 1991,
adopted a Resolution ("SWSCC Resolution") recommending that the
City approve and accept the conditions upon which certain
provisions of the Relief Ordinances and certain agreements entered
into pursuant to the Relief Ordinances would be modified and
extended, a copy of which is attached hereto as Exhibit 1; and
WHEREAS, the City has reviewed the recommendation of the
SWSCC and documents modifying and extending certain provisions of
the Relief Ordinances as set forth in Ordinance No. ("Local
Programming Restructuring Ordinance"), as well as modifying
certain provisions of those agreements entered into pursuant to
the Relief Ordinances, and based upon this review accepts the
recommendation of the SWSCC and finds said documents to be
reasonable and acceptable to the City; and
WHEREAS, the City and Grantee agree that the provisions of
the Relief Ordinances shall expire March 1, 1992, unless and until
the necessary actions set forth in the SWSCC Resolution are taken
by all Member Cities;
NOW, THEREFORE, in a regular meeting of the City Council of
the City of Eden Prairie, the following is resolved:
1) The Mayor and City Manager are hereby authorized to
sign, on behalf of City, all documents necessary to
evidence the repeal the Relief Ordinances and effectuate
the Local Programming Restructuring Ordinance. Such
documents shall include, but shall not be limited to, those
documents listed on Exhibit 2 attached hereto ("Documents").
2) The terms of this Resolution are contingent upon
adoption, approval, and/or execution of all necessary
Documents by the City, other Member Cities of the SWSCC and
the SWSCC.
3) This Resolution shall be null and void if a similar
resolution is not approved by all Member Cities of the
SWSCC within 90 days from the effective date of the
enactment of the first such resolution by a Member City.
4) The terms of this Resolution shall be null and void
unless the conditions precedent to the effective date of
the Local Programming Restructuring Ordinances, as set
forth in Section 9 thereof, have been satisfied.
-2-
A i"?
5) The City Clerk is authorized to forward to the SWSCC
Administrator four (4) executed and certified copies of all
Documents and this Resolution, and the SWSCC is authorized
to coordinate a closing to be held within 90 days of the
adoption of the Local Programming Restructuring Ordinance
by the final Member City, at the office of the SWSCC
Administrator.
This Resolution is passed and adopted this day
of , 1991.
CITY OF EDEN PRAIRIE
By
Mayor
1197DAJ
-3-
cri f ) 17,`
EXHIBIT 1 TO RESOLUTIC
RESOLUTION NO. 1-1991
A RESOLUTION Approving a Settlement with the
Grantee Under the Cable Communications Franchise
Ordinance Regarding Revisions to and Extension of
Certain Terms of the CATV Relief Ordinance as
Amended, Based Upon Enactment of the Local
Programming Restructuring Ordinance and
Modifications to Other Related Agreements.
WHEREAS, the Southwest Suburban Cable Commission ("SWSCC"),
is a joint powers commission comprised of the Cities of Eden
Prairie, Edina, Hopkins, Minnetonka, and Richfield ('Member
Cities"); and
WHEREAS, each of the Member Cities has awarded a cable
communications franchise ("Franchise") which is held by KBL
Cablesystems of the Southwest, Inc. ("Grantee"); and
WHEREAS, the Member Cities have delegated to the SWSCC the
day-to-day regulation of Grantee; and
WHEREAS, in 1985, at the recommendation of the SWSCC, the
Member Cities adopted a CATV Relief Ordinance ("CATV Relief
Ordinance"), providing for modification of certain requirements of
the Franchise; and
WHEREAS, Grantee underwent a change of control in 1989 and
in connection therewith requested the SWSCC and the Member Cities
to modify and extend the CATV Relief Ordinance; and
WHEREAS, at the recommendation of the SWSCC, each Member
City adopted an Ordinance providing modifications to the CATV
Relief Ordinance in contemplation of a transfer of control of the
City's cable communication franchise (*CATV Relief Ordinance
Amendment"); and
WHEREAS, the CATV Relief Ordinance, as amended by the CATV
Relief Ordinance Amendment (collectively "Relief Ordinances"),
provided that the relief would terminate as of March 1, 1992; and
WHEREAS, the Relief Ordinances required Grantee to make any
requests for extension of the relief prior to September 1, 1990;
and
WHEREAS, Grantee on August 27, 1990, notified City and the
SWSCC of its desire to continue the provisions of the Relief
Ordinances in effect after March 1, 1992; and
WHEREAS, the SWSCC reviewed Grantee's request during a
series of meetings of the SWSCC's operating committee and
regularly scheduled commission meetings; and
WHEREAS, the SWSCC, at a commission meeting, held on
May 22, 1991, authorized staff to enter into negotiations with
Grantee to continue in effect certain provisions of the Relief
Ordinances on a modified basis; and
WHEREAS, Grantee and Commission staff reached agreement on
terms for the extension and modification of certain provisions of
the Relief Ordinances which were in turn approved by the SWSCC at
the regularly scheduled Commission meeting of July 24, 1991, a
summary of such terms being attached hereto as Exhibit 1; and
WHEREAS, the SWSCC authorized staff to negotiate with
Grantee the necessary documents to eireccuoi the terms summarized
in Exhibit 1; and
WHEREAS, the Commission has reviewed the necessary
documents modifying and extending certain provisions of the Relief
Ordinances, as set forth in ordinances to be enacted by each
Member City ("Local Programming Restructuring Ordinance"), as well
as modifying certain provisions of certain agreements entered into
pursuant to the Relief Ordinances, and finds them to be acceptable
and recommends their adoption by the Member Cities;
NOW, THEREFORE, it is hereby resolved by the Southwest
Suburban Cable Commission, at its regularly scheduled meeting of
October 23, 1991, that:
1) The Chairman and Administrator are directed to forward
a copy of this Resolution and copies of the documents
listed in Exhibit 2 to the Member Cities and further to
provide additional assistance as necessary to the Member
Cities in their deliberations.
2) The Chairman is hereby authorized to sign, on behalf
of the SWSCC, all documents necessary to rescind the Relief
Ordinances and to effectuate the Local Programming
Restructuring Ordinance. Such documents shall include, but
shall not be limited to, those documents listed on
Exhibit 2 (hereto "Documents").
3) The terms of this Resolution are contingent upon
adoption, approval, and/or execution of all necessary
Documents by the Member Cities of the SWSCC.
4) This Resolution shall be null and void if similar
resolutions are not approved by all other Member Cities of
the SWSCC within 90 days from the effective date of the
first such resolution, as passed by a member City.
-2-
A LI E0 (,)
5) The terms of this Resolution shall be null and void
unless the conditions precedent to the effective date of
the Local Programming Restructuring Ordinance, as set forth
in Section 9 thereof, have been satisfied.
This Resolution is passed and adopted this 23rd day of
October, 1991.
SOUTHWEST SUBURBAN CABLE
COMMISSION
By
Chairman
1101DAJ
-3-
••-• • • ••-••-• •-• a.• •
CIO MOSS A BARNETT
•800 Norn .est Center
90 South Seventh Street
Mumeapolts, MN 55402 -4119
(612)34 -.0300
EXHIBIT 1 to SWSCC RESOLUTION
SUMMARY OF KEY ELEMENTS TO BE INCLUDED IN
AGREEMENT TO EXTEND RELIEF
7/24/91
Unless otherwise identified the changes begin August 1, 1992:
• 5% franchise fee to Cities
• Paragon Cable assumes full responsibility for 'local
programming'
• News show production beginning November 24, 1991
• Annual budget $347,000, escalated by 5% each
year and deducted from gross revenues prior to
calculation of the franchise fee
Beginning November, 1993, news show will
continue or $100,000 of budget will be devoted
to local origination
Continued coordination of programming with
Cities and Commission
• Retain service levels, equipment repair and
replacement as defined in Performance Agreement and
current contracts for local programming
• No itemization of cost- for local programming on
customer bills for at least 2 years (July 31, 1994)
• Cooperation and participation between Paragon Cable
and Commission to create meaningful reporting
requirements
• New agreement terminates upon sale or transfer
3372040
CtLieof Eden Prairie, E(1111A. I lopkins. Minnetonk3& Richltdd
2,(0
EXHIBIT 2
TO SWSCC RESOLUTION
LIEZSR_PMIKKIMA
1. SWSCC Resolution.
2. Restated Performance Agreement.
3. Restated Contract for Local Programming Facilities.
4. Restated Contract for Public, Educational and
Government Access Services.
g(KP
EXHIBIT 2
DIST OF DOCUMENTS
1. City Resolution.
2. Local Programming Restructuring Ordina
n
c
e
.
3. Restated Performance Agreement.
4. Consent Agreement and Guaranty of Perfo
r
m
a
n
c
e
.
f?I'E r h
VAC 91-09
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-256
VACATION OF RIGHT-OF-WAY FOR PART OF
BAKER ROAD (FORMERLY COUNTY ROAD 60)
LOCATED IN SECTION 3, TOWNSHIP 116, RANGE 22W
WHEREAS, the City of Eden Prairie has certain right-of-way described therein as follows:
All that part of County Road No. 60 as dedicated in the plats of St. Johns Woods Fourth
Addition and St. Johns Woods Sixth Addition together with that portion of said County Road No.
60 lying westerly and northerly of a line drawn parallel with and distant 33 feet easterly and
southerly of the centerline of Baker Road as shown in said plats which lies southeasterly of a line
drawn parallel with and distant 50 feet southeasterly of the following described line:
Commencing at the northwest corner of the North half of the Northeast Quarter of
Section 3, Township 116, Range 22; thence east along the north line of said North half
for a distance of 736.44 feet to the point of beginning of the line being described; thence
deflect right 85 degrees 48 minutes 36 seconds for a distance of 183.26 feet; thence
deflect left 0 degrees 55 minutes 12 seconds for a distance of 614.37 feet; thence deflect
right along a tangential curve having a radius of 763.94 feet, delta angle 34 degrees 20
minutes 29 seconds, for a distance of 457.89 feet; thence southwesterly tangent to said
curve for 176.00 feet; thence deflect left along a tangential curve having a radius of
763.94 feet, delta angle of 52 degrees 39 minutes 13 seconds, for 702.05 feet and there
terminating.
WHEREAS, a public hearing was held on November 19, 1991 after due notice was published and posted
as required by law;
WHEREAS, it has been determined that the said right-of-way is not necessary and have no interest to the
public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
I. Said right-of-way as above described is hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on November 19, 1991.
Douglas B. Tenpas, Mayor
A1TEST: SEAL
John D. Franc, City Clerk
k- I I 1711 3S DR OF WAY To BE VAGA T 0 --rAi1/406e 1 I -wit 7 fy L- 0 CATI ON NAP VAC. q1-01
•
SntA ) 4
----t---
-11-, -4,--.-•
' 4017-4 - - -- :7 - -- -
,.....____ Ire „50,..., lo‘Ne a ',C . •
A.1 i",,, Of, .,,,,,,..01. 0/1.6 "
t‘ 1....i
SEE DETAIL A 7 /,e. Ali ,./. Sec 3 .. \
\ 0.•
^1 1
'1 \ /
e \,, r 0 00 .4.:
•
1 ,.. iis ' ,
s.,
NI
'i
4
," ,,,,' `, 0,./,,,ye• f •• .„.
(,11,..,./ (we „,•• ., 4 4:1 ,I.,,,,.„ • '1 ,... / ,.
C. ' - '12749 ,77 .733 .3.Y/...,
. . -- -.,..i.9 a. ,7 -' 1 _ .. ----- e
••,,, _.,o9•49 ' 43 -e le AS be,
.5&...,ic
17,1,39c7•0•• oAle,,, .,,„,,
(...0 i hne 1-,'",•,'",, re,../N
Ai.•..,
ill ,4 7r , 9./.9 "4. ...,N .1 1
.439• 49 30 A I
4e4 .55? CI
5
c W,Nre, twit.
•c..971Z ,3•7 1
..t^4 77k
c,
\-1
,-..:c
‘'\•'
rs \J
, •.-7
7,
771 .5...ener,,,,,,,, ,,,,
I,
i • 43, . 1
,
-,3.7...S•C*,
• 54 2/ „
.41.. .90 -' '
0. 33 n -•,, •
”09•49 .1_11 n2,
,.n ••"..-/
..j... ).•"'.
• _
n 7,, A./239 '49 4,3 IV
, • • 1 r, . • ,9
- r r .l el • /3..54. 40'
(..4.0 (e, /••••, ec,
.1:4•J• ,•••7' • • I 77, .19, Al 7.• 44/ '• 'N. .•
hr, tj7.... • •.9e.. • 99 •7' ',rev ••9'9..-1 .
—0
n•n
/409•4 43 ••••
917 ,
dc•
Os,
• -- - — 43, 3 4/
/ 89 .9, 0 0(0 9" 0 I ?ea. " .4/F717 7- n‘ -40.26 "i9 S 3° 32.22E .ece '9'90/3"00 S /e a. - 44,retela) A 1 r#: .40 C. HENN CO. RD. NO. 60 PER PLAT OF ST. JOtiN S WOOD SIXTH ADD. n• k...0 0)%9 • cr) 0{, 0 50 100 150 f•1 N 4to THE NORTHWESTERLY LINE OF OUTLOT .„"IN 0 ST JOHN'S WOOD SIXTH ADD .41) RI4NT OF \AOky TO BE VAe-ATE I) S 3* 32' 22" E 425.65 L= 4.54 R .62 69 A= 4. 08 4 SCALE IN FEET EXISTING CONDITION rcA )Y) VAe- 9/-Ocr
VAC 91-10 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-257
VACATION OF PART OF THE
DRAINAGE AND UTILITY EASEMENT ON LOT 7, BLOCK 2
AMSDEN HILLS THIRD ADDITION
WHEREAS, the City of Eden Prairie has certain drainage and utility easements described therein as
follows:
That part of the drainage and utility easement lying 5.00 feet southeasterly of the northwesterly lot line
of Lot 7, Block 2, Amsden Hills Third Addition, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
Commencing at the most westerly corner of said Lot 7, Block 2; thence on an assumed bearing
of North 22 degrees 21 minutes 05 seconds East along said northwesterly lot line a distance of
34.03 feet; thence South 67 degrees 38 minutes 55 seconds East a distance of 3.70 feet to the
point of beginning of the property to be described; thence continuing South 67 degrees 38
minutes 55 seconds East a distance of 1.30 feet; thence North 22 degrees 21 minutes 05 seconds
East along said easement line a distance of 6.00 feet; thence North 67 degrees 38 minutes 55
seconds West a distance of 1.30 feet; thence South 22 degrees 21 minutes 05 seconds West a
distance of 6.00 feet to the point of beginning.
WHEREAS, a public hearing was held on November 19, 1991 after due notice was published and posted
as required by law;
WHEREAS, it has been determined that the said drainage and utility easement is not necessary and has
no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said drainage and utility easement as above described is hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on November 19, 1991.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
LOCATION MAP VAG 91-10 AL
--‘3 C--, - Z'tS,
'7-- C2 i)42, "18.551 "1301 TALUS Grkc.LE AYSA oP EPEAlktat \*. .fo et 1.1P4A{E.0
19701
19702
(-9703
)704
19705
19706
VOID OUT CHECK
VOID CUT CHECK
THE GU1NRIE THEATER
HOPKINS POSTMASTER
PETTY CASH-POLICE DEPT
KURT KLINGELHUTZ STORAGE
19707 DOMINOS PIZZA
19708 COOKIES BY DEB
19709 FRANK QUILICI
19710 LAKE COUNTRY CHAPTER
19711 MN RECREATION & PARK ASSN
19712 MN RECREATION & PARK ASSN
19713 NFSA
19714 DOROTHY BRODERSON
19715 KATHY ENDRES
19716 KIP HAMILTON
19717 NANCY KILIECKNER
19718 KATHY MCCANN
19719 JEAN MOORE
19720 NAJMA MOSSER
19721 KATHY PETERSON
19722 MARY SCHROEDER
19723 LINDA SCHWARTZ
9724 MARSHA TRAYNOR
9725 MICHAEL WALTERS
19726 CARLSON REFRIGERATION CO
19727 ELECTRIC MOTOR REPAIR INC
19728 ENVIRO-TECH
19729 LIONS TAP
19730 KATHLEEN OCONNOR
19731 DONALD OLSON
19732 KEVIN SCHMIEG
19733 GORDON SCONBERG
19734 GARREN D SMELTZE
19735 SPS/JM OFFICE PRODUCTS
19736 DAN STENSON
19737 NATALIE SWAGGERT
19738 CHUCK TRAKKER
19739 CAMP RILEY FUND
19740 FIRE MARSHALLS ASSN OF MN
19741 JOHN E REID & ASSOCIATES
19742 BOB OLSON
19743 VOID OUT CHECK
19744 LINDA FRMENSTEIN
( 9745 SUPPLEES 7 HI ENTERPRISES INC
1379005
NOVEMBER 19.1991
0.00
0.00
TICKETS-ADULT PROGRAMS/FEES PAID
339.00
POSTAGE-COMMUNITY NEWSLETTER
2203.36
EXPENSES-POLICE DEPT
38.77
-1ST HALF OF PAYMENT FOR WINTER STORAGE OF
500.00
STREET & PARK EQUIPMENT
-FOOD FOR POLICE/PUBLIC WORKS & STAFF 284.27
WORKING DURING HALLOWEEN MEGA STORM
EXPENSES-CITY COUNCIL 10.50
-SPEAKER -13 P ATHLETIC ASSN APPRECIATION 400.00
DINNER-SPECIAL EVENTS PROGRAM
CONFERENCE-BUILDING INSPECTIONS DEPT 200.00
-BASKETBALL TEAM STATE REGISTRATION FEES- 286.00
ORGANIZED ATHLETICS PROGRAM
-VOLLEYBALL TEAM STATE REGISTRATION FEES- 363.00 ,
ORGANIZED ATHLETICS/FEES PAID
CONFERENCE-BUILDING INSPECTIONS DEPT 285.00
REFUND-SKATING LESSONS 3.33
REFUND-SKATING LESSONS 11.00
REFUND-SWIMMING LESSONS 26.00
REFUND-SKATING LESSONS 33.34
REFUND-SKATING LESSONS 15.34
REFUND-SKATING LESSONS 30.34
REFUND-SWIMMING LESSONS 19.00
REFUND-SKATING LESSONS 19.00
REFUND-SWIMMING LESSONS 20.00
REFUND-SKATING LESSONS 36.67
REFUND-SKATING LESSONS 8.00
REFUND-SKATING LESSONS 44.00
-REPLACED CONDENSER MOTOR BEARING & BLADE- 330.21:
LIQUOR STORE
MOTOR-FACILITIES DEPT
36.50
SOD-STREET MAINTENANCE
17.55
-EXPENSES-FIRE DEPT/GIFT CERTIFICATES- 173.50
VOLLEYBALL PROGRAM
EXPENSES-FIRE DEPT 283.74:
REFUND-OVERPAYMENT UTILITY BILLING 24.24
-SEPTEMBER 91 MILEAGE-BUILDING INSPECTIONS 200.0C
DEPT
REFUND-OVERPAYMENT UTILITY BILLING
12.50
MILEAGE-COMMUNITY CENTER
11.65
OFFICE SUPPLIES-FIRE DEPT/UTILITIES DIV
415.51
REFUND-OVERPAYMENT UTILITY BILLING
51.07
OCTOBER 91 EXPENSES-HUMAN RESOURCES DEPT
200.00
REFUND-OVERPAYMENT UTILITY BILLING
227.02
-ENTRY FEE FOR 1991 CAMP RIPLEY TEAM
880.00
TRAINING-POLICE DEPT
DUES-BUILDING INSPECTIONS DEPT
35.0C
CONFERENCE-POLICE DEPT
470.0C
SCHOOL-POLICE DEPT
65.0C
0.01
-SERVICE-FACEPAINTING-CUMMINS GRILL
100.0C
HALLOWEEN EVENT-HISTORICAL INTERPRETATION
NOVEMBER 91 RENT-LIQUOR STORE
5100.64
NOVEMBER 19.1991
19746 JASON NORTH(20 PROP LP01 NOVEMBER 91 RENT-LIQUOR STORE
7121.29
19747 BIRTCHER WELSH NOVEMBER 91 RENT-CITY HALL
21876.74 19748 METROPOLITAN WASTE CONTROL COMM SEPTEMBER 91 SAC CHARGES
41f 50
19749 MINNESOTA STATE TREASURER SEPTEMBER 91 BUILDING SURCHARGES
19750 EAGLE WINE CO WINE
97.07 19751 GRIGGS COOPER & CO INC LIQUOR
3530.14 19752 JOHNSON BROTHERS LIQUOR CO LIQUOR
5478.92 19753 PAUSTIS & SONS CO WINE
270.00 19754 ED PHILLIPS & SONS CO LIQUOR
1733.25 19755 PRIOR WINE CO WINE
896.08
19756 QUALITY WINE & SPIRITS CO LIQUOR
2562.99 19757 BETTY SCHAITBERGER -REFUND-THANKSGIVING HARVEST-FALL LEISURE 15.00
PROGRAM
19758 KAREN SCHNEIDER REFUND-SKATING LESSONS
40.00 19759 CECILE SEAMS -REFUND-SWIMMING LESSONS/THANKSGIVING
35.00
HARVEST CLASS
19760 SUSAN AGNEW REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19761 BRENT ANDIS REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19762 BRITTON BARCLAY REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19763 ALEXANDER BRAND REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19764 CARRIE BRAUN REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 ' 19765 VICKI BROCK REFUND-EASTMAN NATURE crR & CIRCUS PIZZA
15.00 19766 ROBERT CAMPBELL REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19767 JOE CZERNIECKI REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19768 MATT EAGAN REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19769 BARRY RICHMAN REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
30.00 19770 MARY ESMOND REFUND-EASTMAN NATURE CrR & CIRCUS PIZZA
15.00 19771 JEANNE FIMMEN REFUND-EASTMAN NATURE CFR & CIRCUS PIZZA ic.00
19772 DONNA FLOBACK REFUND-EASTMAN NATURE CrR & CIRCUS PIZZA
00 19773 NANCY GARTEN REFUND-EASTMAN NATURE CrR & CIRCUS PIZZA
19774 BRIAN JUNSO REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19775 DEAN LEFFLER REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19776 ANN MILLER REFUND-EASTMAN NATURE CrR & CIRCUS PIZZA
6.00 19777 PATTY MORIARITY REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19778 THOMAS °BRIEN REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19779 ELAINE PETERSON REFUND-EASTMAN NATURE crR & CIRCUS PIZZA
15.00 19780 PAT PETERSON REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19781 EWA PECZALSKA REFUND-EASTMAN NATURE crR & CIRCUS PIZZA
30.00 19782 RANDI PETERS REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19783 ASHLEY REITZ REFUND-EASTMAN NATURE crR & CIRCUS PIZZA
15.00 19784 ALICE ROGERS REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19785 PATTY RUTH REFUND-EASTMAN NATURE CrR & CIRCUS PIZZA
30.00 19786 TERRY TALBERT REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
3.00 19787 JULIE TOSKEY REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19788 HOLLY WOLVERTON REFUND-EASTMAN NATURE CTR & CIRCUS PIZZA
15.00 19789 POSTAGE BY PRONE POSTAGE FOR POSTAGE METER-POLICE DEPT
1500.00 19790 FEDERAL RESERVE RANK PAYROLL 11/1/91 SAVINGS BOND
50.00 19791 FIRST BANK EDEN PRAIRIE PAYROLL 11/1/91
65194.51: 19792 GREAT WEST LIFE ASSURANCE CO PAYROLL 11/1/91
6604.0C 19793 HENN CrY SUPPORT & COLLECTION SER PAYROLL 11/1/91 CHILD SUPPORT .DEDUCTION
19794 ICMA RETIREMENT TRUST-457 PAYROLL 11/1/91
2458.7: 19795 INTERNAL REVENUE SERVICE PAYROLL 11/1/91
32.0( 19796 MN DEPT OF REVENUE PAYROLL 11/1/91
12770.7', 19797 MN STATE RETIREMENT SYSTEM PAYROLL 11/1/91 .0( 19798 MN TEAMSTERS CREDIT UNION PAYROLL 11/1/91 .0(
17977889
Ula • :
NOVEMBER 19.1991
19799 NORWEST BANK HOPKINS PAYROLLS 10/18/91 & 11/1/91 1140.00
19800 EXECUTIVE DIRECTOR-PERA PAYROLL 11/1/91 33091.15
'901 EXECUTIVE DIRECTOR -PERA PAYROLL 11/1/91 27.50
302 UNITED WAY PAYROLL 11/1/91 215.25
19803 GENUINE PARTS COMPANY -DRILL BIT/CALIPERS/CLEANING SUPPLIES/ 2449.80
-SHOCK ABSORBERS/FUNNEL/HYDRAULIC OIL/
-FILTERS/DISTRIBUTOR CAP/BRAKE DRUM &
-CABLES/U -JOINTS/HOSES/LAMPS/POINTS/PAINT/
-COOLANT/EXHAUST PIPES/MUFFLERS/WHEEL NUTS
-& BOLTS/SWITCHES/GASKET SET/FUSES/BRAKE
-ASSEMBLY/SPOTLIGHT/CLAMP/RADIO/SPEAKER-
FIRE DEPT/WATER DEPT/EQUIPMENT MAINTENANCE
19804 DELEGARD TOOL CO -BUTTON BLOW GUN/ELECTRICAL TAPE/BRUSHES/ 1946.99
-WALL CABINET/RUBBER COMPOUND/BEARING
-INSTALLED/TOUCH-UP GUN/NOZZLE PULLERS/
-ADAPTOR SET/INJECTOR PULLER/HAMMER/MUFFLER
-CUTTER/NOZZLE TESTER/N077LE ADAPTORS-
EQUIPMENT MAINTENANCE/PARK MAINTENANCE
19805 FEIST -BLANCHARD CO -BEARINGS/BELTS/HOSES/LEADS/FLASHERS/ 504.11
-WASHERS/SCREWS/ROTORS/DRUMS-EQUIPMENT
MAINTENANCE
19806 TARGET CENTER -SESAME STREET LIVE-SPECIAL TRIPS & EVENTS 338.00
PROGRAM/FEES PAID
19807 JEAN L HARRIS EXPENSES-CITY COUNCIL 14.00
19808 CHASKA COMMUNITY CENTER SPECIAL TRIPS & EVENTS PROGRAM/FEES PAID 109.50
19809 METROPOLITAN COUNCIL DATA CENTER PUBLICATIONS-ASSESSING DEPT 27.00
16810 EPPIC MINISTRIES -ENTERTAINMENT-HALLOWEEN PARTY-SOCIAL 100.00
EVENTS PROGRAM
811 AT&T SERVICE 430.15
...1812 AT&T CONSUMER PRODUCTS DIV SERVICE 88.45 '
19813 NORTHERN STATES POWER COMPANY SERVICE 29773.67
19814 U S WEST COMMUNICATIONS SERVICE 3649.86
19815 CARRIE FLEITZ REFUND-THANKSGIVING HARVEST CLASS 15.00
19816 WENDY CAMPBELL -REFUND-EASTMAN NATURE CENTER TRIP-SPECIAL 6.00
TRIPS & EVENTS PROGRAM
19817 ROGER HANKEY REFUND-SWIMMING LESSONS 17.00
19818 KELLY VORTHERMS REFUND-SWIMMING LESSONS 34.00
19819 LEAGUE OF MN CITIES CONFERENCE -COUNCIII1EMBER/ADMINISTRATION 80.00
19820 VOID OUT CHECK 0.00
19821 ALL-AMERICAN BOTTLING CORP MIX 43.49
19822 BEER WHOLESALERS INC BEER 3396.40
19823 VOID OUT CHECK 0.30
19824 DAY DISTRIBUTING CO BEER 8865.10
19825 EAST SIDE BEVERAGE CO BEER 23130.90
19826 HOME JUICE PRODUCTS MIX 51.00
19827 KIRSCH DISTRIBUTING CO BEER 377.35
19828 MARK VII DISTRIBUTING COMPANY BEER 23637.40
19829 MIDWEST COCA COLA BOTTLING CO BEER 722.74
19830 PEPSI COLA COMPANY MIX 662.69
19831 POGREBA DISTRIBUTING INC BEER 812.10
19832 THORPE DISTRIBUTING COMPANY BEER 32283.50
19833 CITY OF EDEN PRAIRIE PAYMENT OF SPECIAL ASSESSMENT 83719.84
19834 WALTER S CARPENTER REFUND-OVERPAYMENT OF SPECIAL ASSESSMEhTS 3302.00
9835 ACE BLACKTOP INC 1991 LIME SLUDGE REMOVAL-WATER DEPT 34828.90
J836 ALLIED BLACKTOP CO 1991 BITUMINOUS SEALCOATING-STREET MAINT 10156.89
3000 1 :773
NOVEMBER 19.1991
19837 BITUMINOUS CONSULTING & CONTRACTI -SERVICE-MEDIAN OPENING
A
T
P
R
A
I
R
I
E
C
E
N
T
E
R
36787.40 DR & JOINER WAY 19838 BROWN & CRIS INC SERVICE-EDEN HILLS IMPROVEMENTS 33E7 31 19839 IMPERIAL DEVELOPERS INC -SERVICE-VALLEY VIEW RD-BITTERSWEET TO 781%. .87 HOWARD LANE 19840 RICHARD KNUTSON INC -SERVICE-CEDAR RIDGE ESTATES 2ND ADDITION/ 710213.31 .
-STARING LN & SUNRISE CIRCLE IMPROVEMENTS/
-BLUFFS W 9TH & BLUFFS E 8TH & BLUESTEM
RIDGE IMPROVEMENTS 19841 NODLAND CONSTRUCTION CO -SERVICE-MITCHELL RD & SANDY POINTE 64547.22 IMPROVEMENTS 19842 A TO Z RENTAL CENTER AUGER RENTAL-PARK MAINTENANCE 29.96 19843 ADT SECURITY SYSTEMS -SECURITY SYSTEM MAINTENANCE AGREEMENT-
951.13 FACILITIES DEPT/WATER DEPT 1.9844 ALEXANDER BATTERY NORTH BATTERIES-FIRE DEPT 139.50 19845 AIRSIGNAL INC PAGER SERVICE-POLICE DEPT/FIRE DEPT 371.00 19846 AMERICAN EXCELSIOR COMPANY EROSION CONTROL MAT-PARK MAINTENANCE 166.50 19847 AMERICAN GAS ASSN INC SUBSCRIPTION-BUILDING INSPECTIONS DEPT
45.00 19848 AMERICAN LINEN SUPPLY CO -UNIFORMS-BUILDING INSPECTIONS DEPT/STREET
1854.78 -MAINT/FACILITIES DEFT/PARK MAINT/EQUIPMENT
-HAINT/COMMUNITY CENTER/UTILITIES DIV/MATS -
LIQUOR STORE 19849 AMERICAN PUBLIC WORKS ASSN HANDBOOKS-ENGINEERING DEPT 121.00 19850 EARL F ANDERSEN & ASSOC INC SIGNS-STREET DEPT/WATER DEFT 3224.01 19851 PAT ARENT -PHOTO MANAGEMENT CLASS INSTRUCTOR/SENIOR
65.00 PROGRAMS 19852 ROBERT ARP -EASEMENT-CEDAR RIDGE & CORRAL LANE 2317.00 IMPROVEMENTS 19853 ASSN OF TRAINING OFFICERS OF MN CONFERENCE-POLICE DEP
T
f 00 19854 ASTLEFORD INTL INC -VEHICLE SHORT BLOCK -$4781/GASKETS/SEALS/
54L..74 -TUBES/SHOE/BOLTS/AIR HOSES/SLEEVES/CABLE
-KIT/GEAR/ADAPTOR/GAUGE/IDLER/GOVENOR/
INJECTORS-EQUIPMENT MAINTENANCE 19855 B & S TOOLS -PARTS TRAY/WRENCHES/DIESEL TOOLS/BATTERY/
565.55 -SCREWDRIVER SETS/PUNCHES/HACKSAW/SCRAPER-
EQUIPMENT MAINT/UTILITIES DIVISION 19856 BACONS ELECTRIC CO HIGH SERVICE PUMP REPAIR-WATER DEPT 72.00 19857 PATRICIA BARKER HELIUM BALLOONS-SENIOR PROGRAMS 4.20 19858 BAN-KOE SYSTEMS INC TIME RECORDER-POLICE DEPT 349.00 19859 GERALD J BARTZ -SOFTBALL/FOOTBALL & VOLLEYBALL OFFICIAL/
1034.50 FEES PAID 19860 BATTERY & TIRE WAREHOUSE INC -HOSE CLAMPS/SEALS/BEARINGS/SPARK PLUGS/
117.88 -ANTI-FREEZE/WINDSHIELD SOLVENT-EQUIPMENT
MAINTENANCE 19861 BATTLE LAKE SENIOR CITIZENS SCISSORS-SENIOR PROGRAMS 27.89 19862 BAUER BUILT TIRE & SVC TIRE REPAIR/TUBE-EQUIPMENT MAINTENANCE
154.41 19863 BECKER ARENA PRODUCTS INC -WARNING SIGNS/BASE LINE COAT PAPER/PAPER
384.00 LINE KIT/ADHESIVE/PAINT-COMMUNITY CENTER 19864 BEIJING TWO CHINESE RESTAURANT EXPENSES-POLICE DEPT 88.50 19865 JOHN E BENSON GOLF INSTRUCTOR/FEES PAID 238.00 19866 BIFFS INC NOVEMBER 91 WASTE DISPOSAL-PARK MAINT
288.00 19867 DAVID BLACK MILEAGE-COMMUNITY CENTER ADMINISTRATION
11.50 19868 BLACKS PHOTOGRAPHY -FILM/FILIN PROCESSING/BATTERIES-FIRE DEPT/
66.78 PARK PLANNING DEPT 19869 LOIS BOETTCHER MINUTES-HISTORICAL & CULTURAL COMMISSION
.72
94172997
p71
NOVEMBER 19.1991
19870 MIKE BOSACKER CONFERENCE EXPENSES-POLICE DEFT 30.89
19871 BOYD HOUSER CANDY & TOBACCO CO -CANDY FOR HALLOWEEN PARTY-SOCIAL EVENTS 483.85
PROGRAM
872 TOM BRENNON PRESIDENT OUTDOOR CENTER PROGRAM INSTRUCTOR/FEES PAID 100.00
19873 BRO -TEX INC TOWELS-EQUIPMENT MAINTENANCE 151.14
19874 BROADWAY AWARDS TROPHIES-ORGANIZED ATHLETICS PROGRAM 80.00
19875 BROOKS FOOD MARKET 51 EXPENSES-FIRE DEPT 8.07
19876 BROWN & CRIS INC INSTALLED EROSION CONTROL MAT-RILEY LK PK 952.00
19877 PAUL BROWN FOOTBALL OFFICIAL/FEES PAID 459.00
19878 BRW INC SERVICE-DELL ROAD DESIGN 1365.81
19879 BRYAN ROCK PRODUCTS INC GRAVEL-PARK MAINTENANCE 3378.14
19880 BSN SPORTS ARROWS -AFTERSCHOOL PROGRAM 13.20
19881 NATHAN D BUCK VOLLEYBALL OFFICIAL/FEES PAID 380.00
19882 BUCKINGHAM DISPOSAL INC OCTOBER 91 WASTE DISPOSAL 1317.20
19883 BURNSVILLE SANITARY CO WASTE DISPOSAL-STREET MAINTENANCE 75.00
19884 BUSINESS MACHINES SALES & SERVICE TONER-CITY HALL 95.00
19885 CAPITOL SALES COMPANY INC TAPE/RADIO-FIRE DEFT 78.30
19886 CARGILL SALT DIVISION SALT-SNOW& ICE CONTROL 4179.79
19887 R E CARLSON INC FAN MOTORS-WATER DEFT 189.99
19888 CARSONITE INTL CORP PAINT-UTILITIES DIVISION 169.21
19889 CARVER COUNTY ABSTRACT LAND OWNERSHIP LIST-PLANNING DEFT 80.00
19890 BOB CASEY -SERVICE-SQUASH WALLS DELIVERED-COMMUNITY 100.00
CENTER
19891 CENTRAIRE INC -RE-INSTALLED HEATING REGULATORS/AC REPAIR- 153.90
POLICE BLDG/PUBLIC WORKS BLDG
19892 CHAPIN PUBLISHING COMPANY -LEGAL ADS-VALLEY VIEW RD & TOPVIEW RD 126.00
SIDEWALKS
19893 CHF.MLAWN LAWN CARE-SENIOR CENTER 105.00
894 BILL CLARK OIL CO INC GEAR LUBRICANT-WATER DEPT 228.75
.../895 CLEAN SWEEP INC -SERVICE-STRIPING STARING LAKE TRAIL-PARK 1172.50
MAINTENANCE
19896 CLE7ELAND COTTON PRODUCTS TOWELS-UTILITIES DIVISION 185.28
19897 CLUTCH & TRANSMISSION SER INC FITTING/HOSE END/HOSES-EQUIPMENT MAINT 28.17
19898 CLUTCH & U-JOINT BURNSVILLE INC -GASKETS/RETAINER/BEARINGS/RINGS-EQUIPMENT 427.14
MAINTENANCE
19899 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-WAL-MART BLDG & SITE DESIGN STUDY 666.60
19900 COMPRESS AIR & EQUIPMENT CO STAINLESS STEEL TUBING-FIRE DEPT 80.00
19901 COMPUTERWARE DATA PRODUCTS INC OFFICE SUPPLIES-COMMUNITY CENTER 50.38
19902 CONCEPT MICROFIU1 INC APERTURE CARD FILE CABINET-ENGINEERING DEPT 1189.00
19903 JOYCE NOLTE CONLEY EXPENSES-SENIOR PROGRAMS 10.50
19904 CONNEY SAFETY PRODUCTS -EARMUFFS/EAR PLUGS/APRONS/DISPOSAL 196.78
SLEEVES-WATER DEFT
19905 CONSTRUCTION MATERIALS INC -JOINT SEALER/FLOAT HANDLES-STREET MAINT/ 180.30
DRAINAGE CONTROL DEPT
19906 CONTINENTAL SAFETY EQUIP INC -EAR PLUGS/GOGGLES/CHOPPERS/LINERS/FACE 128.73
PIECES-EQUIPMENT MAINTENANCE
19907 BARBARA COOK EXPENSES-ASSESSING DEFT 12.50
19908 COPY EQUIPMENT INC -OFFICE SUPPLIES-ENGINEERING DEPT.PLANNING 81.18
DEPT
19909 CORONET/1M FIU1 AND VIDEO CASSETTE-POLICE DEPT 99.00
19910 BARBARA CROSS MILEAGE-PARK PLANNING DEPT 77.50
19911 CUMMINS DIESEL SALES INC -FILTER/RESEALED PUMP OIL LEAK-EQUIPMENT 119.99
MAINTENANCE
'9912 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES-WATER DEPT 107.12
,913 CURTIS INDUSTRIES INC 0-RINGS/DRILL BITS/WASHERS-EQUIPMENT MINT 197.51
1928640
NOVEMBER 19,1991
19914 CUTLER MAGNER COMPANY
19915 CYS UNIFORMS
19916 DALCO
19917 MICHELLE D DAVIS
19918 CRAIG W DAWSON
19919 DAY TIMERS INC
19920 DECORATIVE DESIGNS
19921 EUGENE DIETZ
19922 DISPATCH COMMUNICATIONS OF MN INC
19923 DOMINOS PIZZA
19924 DPC INDUSTRIES INC
19925 DRISKILLS SUPER VALU
19926 DRISKILLS SUPER VALU
19927 DRISKILLS SUPER VALU
19928 DYNA SYSTEMS
19929 EDEN PRAIRIE NEWS
19930 EDEN PRAIRIE TIRE & AUTO SERVICE
19931 DEB EDLUND
19932 KIERA ELFSTROM
19933 ELVIN SAFETY SUPPLY INC
19934 EMPRO CORPORATION
19935 ESS BROTHERS & SONS INC
19936 IAN ESSEN
19937 EXPRESS MESSENGER SYSTEMS INC
19938 FEED RITE CONTROLS INC
19939 FIRST BANK NATL ASSN
19940 FOCUS ONE HOUR PHOTO
19941 JOHN HENRY FOSTER MN
19942 FOUR STAR BAR & RESTAURANT SUPPLY
19943 JOHN FRANS
19944 LYNDELL FREY
19945 FUEL OIL SERVICE CO INC
19946 FUNK-HANECY DISTRIBUTORS INC
19947 G & K SERVICES
19948 ROBERT GARTNER
19949 ROBERT GIBSON
19950 GINA MARIAS INC
19951 THE GLIDDEN COMPANY
19952 GOODWILL INDUSTRIES INC
19053 GOVT FINANCE OFFICERS ASSN
19954 W W GRAINGER INC
19955 ALAN CRAY
19956 CARTER GREGG
QUICKLIME-WATER DEPT
-UNIFORMS/GUN HOLSTERS/2 BALLISTIC VESTS -
$910-POLICE DEFT
-CLEANING SUPPLIES-FACILITIES DEFT/WATER
DEPT
AEROBICS INSTRUCTOR/FEES PAID
MILEAGE/EXPENSES-ADMINISTRATION
OFFICE SUPPLIES-PLANNING DEPT
NOVEMBER 91 SERVICE-CITY HALL
OCTOBER 91 EXPENSES/DUES-ENGINEERING DEPT
RADAR TUNING FORK TESTING-POLICE DEPT
EXPENSES-FIRE DEFT
CHEMICALS-WATER DEPT
-EXPENSES-CITY HALL/POLICE DEFT/COMMUNITY
CENTER
EXPENSES-POLICE DEPT
EXPENSES-COMMUNITY CENTER
TAPE/CLEANING SUPPLIES-WATER DEFT
SUBSCRIPTION-UTILITIES DIVISION
TIRES-EQUIPMENT MAINTENANCE
MINUTES-PLANNING COMMISSION
SERVICE-TEEN WORK PROGRAM
-MANHOLE RINGS/CULVERT/BASE SLAB-DRAINAGE
CONTROL DEFT
SEATS-FACILTIES DEPT
CATCH BASIN GRATES/DITCH GRATES-SEWER DEPT
GAS & HYDRAULIC FLUID-WATER DEPT
POSTAGE-ADMINISTRATION
CHLORINE-WATER DEPT
EXPENSES-FINANCE DEPT
-FILM/FILM PROCESSING-HUMAN RESOURCES DEPT/
ASSESSING DEPT
VALVE KIT/HEAD GASKET-COMMUNITY CENTER
SUPPLIES-LIQUOR STORES
OCTOBER 91 EXPENSES-FINANCE DEPT
-MILEAGE/VOLLEYBALL & BASKETBALL OFFICIAL/
FEES PAID
CHASSIS GREASE-EQUIPMENT MAINTENANCE
CARPETING-LIQUOR STORE
-COVERALLS/TOWELS/MOP HEADS-PARK MAINT/
WATER DEPT
GASOLINE-SENIOR PROGRAMS
-EASEMENT-CEDAR RIDGE & CORRAL LANE
IMPROVEMENTS
EXPENSES-FIRE DEPT
-PAINT BRUSHES/ROLLERS/PAINT TRAY LINERS/
-SCRAPERS/WIRE BRUSHES/ROLLER HANDLES/
BRISTLE OIL-WATER DEPT
OCTOBER 91 EXPENSES-SOLID WASTE MANAGEMENT
SUBSCRIPTION-FINANCE DEPT
-REELS/BINS/SWITHCES/LIGHTS-FACILITIES
DEPT/EQUIPMENT MAINTENANCE
OCTOBER 91 EXPENSES-ENGINEERING DEPr
REFUND-OVERPAYMENT UTILITY BILLING
1688.48
3308.80
44? 26
18.00
61.50
38.32
49.50
356.50
31.50
80.00
1295.00
164.67
25.20
95.42
191.95
15.00
135.56
250.00
82.50
708.40
23.03
800.00
19.20
11 20
91! IS
'0.83
50.56
128.40
938.64
203.00
309.50
145.53
4300.97
556.40
10.00
430.00
69.57
198.77
2012.50
77.00
161.69
223.43
7' 44
2064990
NOVEMBER 19,1991
19957 GUNNAR ELECTRIC CO INC
19958 HALLA NURSERY
'9959 HANSEN THORP PELLINEN OLSON INC
.1.9960 HARMON GLASS COMPANY
19961 LAURIE HEELING
19962 HENDERSON LIMOUSINE SERVICE
19963 HENNEPIN (TI LIBRARY
19964 HENNEPIN COUNTY PUBLIC RECORDS
19965 HEWN CTY DEPT OF PROPERTY TAX
19966 HENNEPIN COUNTY TREASURER
19967 HENN CTY-SHERIFFS DEPT
19968 MAREN HINDERLIE
19969 HOLMSTEN ICE RINKS INC
19970 IAA°
19971 ICMA
19972 INDEPENDENT SCHOOL DIST #272
19973 INSTY -PRINTS
19974 INTERSTATE DETROIT DIESEL INC
19975 GARY ISAACS
19976 ANDREA JENSEN
19977 MIKE KALLAS
1978 DAN N KANTAR
1979 CHAUN KEATING
19980 ANDY KELLEY
19981 SCOTT A KIPP
19982 TOM KOTILA
19983 LAB SAFETY SUPPLY
19984 LAKE COUNTRY DOOR
19985 LANETTRYS COLLISION
19986 LANDSCAPE PRODUCTS CENTER
19987 SUE LANE
19988 CINDY LANENBERG
19989 LANG PAULY & GREGERSON LTD
19990 GREG LAPPIN
19991 LMCIT
19992 KENNETH LINEMANN
19993 LIONS TAP
19994 LONG LAKE FORD TRACTOR INC
19995 RODERICK MACRAE
19996 MARKHURD
19997 GEORGE MARSHALL
19998 MASYS CORPORATION
19999 MCCANN
000 MCFARLANES INC
FUSES-COMMUNITY CENTER
SOD-WATER DEPT
-SERVICE-BLUESTEM RIDGE/BLUFFS W 9TH
ADDITION/BLUFFS E 11TH ADDITION
TEMPERED GLASS PANELS-DRAINAGE CONTROL
MILEAGE-RECREATION ADMINSTRATION
BUS SERVICE-SENIOR PROGRAMS
RESOURCE DIRECTORIES-RECREATION SUPERVISOR
-SEPTEMBER 91 FILING FEES-ENGINEERING DEPT/
HOUSING REHABILITATION PROGRAM
FILING FEES-PLANNING DEPT
SEPTEMBER 91 BOARD OF PRISONERS-POLICE DEP
SEPTEMBER 91 BOOKING FEE-POLICE DEPT
-STORYTELLING SERVICE-HALLOWEEN PARTY-
HISTORICAL INTERPRETATION PROGRAM
PUMP SYSTEM REPAIR-COMMUNITY CENTER
DUES-ASSESSING DEPT
SUBSCRIPTION-ADMINISTRATION
-COPIES-RECREATION SUPERVISOR/ROOM RENTAL-
-CITY COUNCIL/ADULT PROGRAMS/ART & MUSIC
PROGRAM
RUBBER STAMP-POLICE DEPT
GASKETS-EQUIPMENT MAINTENANCE
-VOLLEYBALL OFFICIAL & OFFICIALS
COORDINATOR/FEES PAID
GYMNASTICS INSTRUCTOR/FEES PAID
-SERVICE-PRINT FRAMING-HISTORICAL &
CULTURAL COMMISSION
FILE-STREET MAINTENANCE
MILEAGE-COMMUNITY CENTER
SERVICE-TEEN WORK PROGRAM
MILEAGE-PLANNING DEPT
REFUND-SOFTBALL ELIGIBILITY FEE
SAFETY BOOKLETS-WATER DEPT
-AIRLIFT REBUILD KIT/LUBRICANT-FACILITIES
DEPT
-REMOVE VEHICLE DECALS/BUFF CAR-EQUIPMENT
MAINTENANCE
SHREDDED BARK/TREES-FORESTRY DEPT
MILEAGE/EXPENSES-ELECTIONS DEFT
MILEAGE-FIRE DEPT
JULY 91 LEGAL SERVICE
REFUND-SOFTBALL PLAY-OFF FEE
3RD QTR 81 WORKERS COMPENSATION PREMIUM
-EASEMENTS-CEDAR RIDGE & CORRAL LANE
IMPROVEMENTS
EXPENSES-FIRE DEPT
PIN/SWITCH-EQUIPMENT MAINTENANCE
GARDEN TOOLS/SCREENING-OUTDOOR CENTER
PRINTS-FORESTRy DEPT
SERVICE-PLEASANT HILLS CEMETERY
-DECEMBER 91 COMPUTER SOFTWARE MAINTENANCE
AGREEMENT-POLICE DEPT
PRINTS•SENIOR PROGRAMS
CEMENT-STREET MAINTENANCE
20.53
53.82
16547.70
300.00
47.25
258.75
16.00
327.50
280.00
2547.00
504.49
200.00
270.00
40.00
63.00
295.85
13.95
41.92
213.00
341.25
55.38
33.10
11.25
38.50
14.00
25.00
135.22
86.50
183.00
1062.00
43.50
60.50
14934.32
50.00
55459.25
4130.00
88.50
97.29
72.72
304.00
350.0C
1282.0C
68.5(
45.0C
10101155
NOVEMBER 19.1991
-EXPENSES-CITY HALL/POLICE DEPT/SENIOR 105.79
PROGRAMS
BUS SERVICE-ADULT PROGRAMS 7'. 00
-DUCT TAPE/PAINT BRUSH/FOAM BRUSHES/BOLTS/ 1 22
-CAULKING/WIRE BRUSHES/PAINT/RUST REMOVER/
-POWER STRIP/SCREWS/DRILL BIT/HOSE NOZZLE/
-TAPE MEASURE/HOSE CLAMPS/NUTS & WASHERS/
-DOOR STOPS/WELDING SUPPLIES-STREET MAINT/
PARK MAINT/COMMUNITY CENTER
JULY/AUGUST & SEPTEMBER RECYCLING CHARGES 90.00
-LETTERHEAD/CRIME PROTECTION BROCHURES- 1154.00
POLICE DEFT
-TONER/MARKER TAPE/DEVELOPER/INK- 694.17
RECREATION SUPERVISOR
DECEMBER 91 SEWER SERVICE CHARGES 156146.00
SERVICE ON MONITORS & CAMERAS-POLICE BLDG 760.70
MUFFLER PIPES-EQUIPMENT MAINTENANCE 27.00
-BLACKTOP-STREET MAINT/WILLOW PARK/RILEY 14930.12
LAKE PARK
-OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 2788.21
COMMUNITY CENTER
FUEL SHUT-OFF VALVE REPAIR-EQUIPMENT MAINT 121.00
PAGER SERVICE-STREET MAINT/UTILITIES DIV 103.62
INSULATED GLASS INSTALLED-FORESTRY DEPT 330.00
SUPPLIES-LIQUOR STORE 71.15
FACESHIELDS -FIRE DEPT 165.00
-CONFERENCES/SAFETY PROTECTION BOOKLETS- 373.17
SAFETY DEPT
POWER STEERING SECTOR-EQUIPMENT MAINT 7 96
SAND-STREET MAINTENANCE 23, .06
-EASEMENT-CEDAR RIDGE & CORRAL LANE 900.00
IMPROVEMENTS
GLASS AIR TUBE-WATER DEPT 42.25
DUES-CITY COUNCIL 2118.00
-REPLACED IRRIGATION CONTROLLERS DAMAGED 301.20
BY LIGHTNING STRIKE-WATER DEPT
MINUTES-CITY COUNCIL 150.00
TENNIS INSTRUCTOR/FEES PAID 136.50
CONFERENCE-POLICE DEPT 110.00
SUPPLIES-LIQUOR STORE 374.88
SKATING DIRECTOR/FEES PAID 4994.20
TRUCK AXLES-EQUIPMENT MAINTENANCE 255.06
-FUSEHOLDERS/BALLAST STARTER ASSEMBLIES/ 301.75
PIN CLIPS-STREET LIGHTING DEPT
SAND-DRAINAGE CONTROL DEPT 29.7C
BLACK DIRT-STREET MAINT 68.0C
-TOW STRAP/CHAIN/EYE LATCH HOOKS-EQUIPMENT 253.11
MAINTENANCE
-SERVICE-REMODELING BATHROOM-HOUSING 2730.0(
REHABILITATION PROGRAM
-HALLOWEEN PINATAS/PAPER CUPS/NAPKINS/ 76.31
-TABLECOVER/COOKTE TRAY/GARBAGE BAGS/PAPER
TOWELS-HISTORICAL INTERPRETATION PROGRAM
CABLE SERVICE-SENIOR PROGRAMS ^.
-FLOOR MAT/REPLACED CUSHION INSERT/RE-PAD t0(
& RECOVERED TRUCK SEAT-EQUIPMENT MAINT
20001 MCGLYNN BAKERIES INC
20002 MEDICINE LAKE LINES
20003 MERLINS HARDWARE HANK
20004 METRO PAPER RECOVERY INC
20005 METRO PRINTING INC
20006 METRO SALES INC
20007 METROPOLITAN WASTE CONTROL COMM
20008 MID-CO SECURITY SYTEMS INC
20009 MIDAS BRAKE & MUFFLER
20010 MIDWEST ASPHALT CORP
20011 MIDWEST BUSINESS PRODUCTS
20012 MIDWEST MACHINERY INC
20013 MINNCOMM PAGING
20014 MINNEAPOLIS GLASS COMPANY
20015 MINNESOTA BAR SUPPLY INC
20016 MN CONWAY FIRE & SAFETY
20017 MINNESOTA SAFETY COUNCIL INC
20018 MTI DISTRIBUTING CO
20019 WM MUELLER & SONS INC
20020 JOHN NAGEL
20021 NATIONAL GLASS & PLASTICS INC
20022 NATIONAL LEAGUE OF CITIES
20023 NATURAL GREEN INC
20024 JAN NELSON
20025 JENNIFER NELSON
20026 NORTH MEMORIAL EMS EDUCATION
20027 NORTH STAR ICE
20028 BETH NILSSON
20029 NORTH STAR INTL TRUCKS INC
20030 NORTHLAND ELECTRIC SUPPLY CO
20031 OCHS BRICK & TILE CO
20032 BILL OLSON
20033 OLSEN CHAIN & CABLE CO INC
20034 OPEN CLASS CONSTRUCTION
20035 PAPER WAREHOUSE
20036 PARAGON CABLE
20037 PARK AUTO UPHOLSTERY
19445429
20038 PARK NICOLLET MEDICAL CENTER
20039 PEPSI COLA COMPANY
20040 PEPSI COLA CENTRAL SVC DIV
20041 CONNIE L PETERS
042 THE PINK COMPANIES
20043 POWER PROCESS EQUIPMENT INC
20044 PRAIRIE ELECTRIC COMPANY INC
20045 PRAIRIE HARDWARE
20048 PRAIRIE HARDWARE
20047 PRAIRIE HARDWARE
20048 PRAIRIE HARDWARE
20049 PRAIRIE HARDWARE
20050 PRAIRIE OFFSET PRINTING
20051 PRAIRIE VILLAGE PET HOSPITAL
20052 R & R SPECIALTIES INC
20053 RADIO SHACK
20054 RAINBOW FOODS
055 REUTER RECYCLING INC
.056 RICHFIELD BUS COMPANY
20057 CITY OF RICHFIELD
20058 JOHN L RIES JR
20059 ROBOTRONICS
20060 ROLLINS OIL CO
20061 SANCO INC
20062 SANDY SCHIPPER
20063 SCHMIDT READY MIX INC
20064 SCHMITT MUSIC CENTERS
20065 BERNARD SCHWARTZ
20066 SHAKOPEE FORD INC
20067 ALAN SHILEPSKY CONSULTING INC
20068 STEVEN R SINELL
20069 ANN SLAWSON
20070 SMILE ADVERTISING COMPANY
20071 SOUTHWEST SUBURBAN PUBLISH INC
20072 THE SPECTACLE SHOPPE INC
20073 SPR1NGSTED
20074 SPS COMPANIES
20075 SPS JM OFFICE PRODUCTS INC
4992326
PHYSICAL EXAMS/STRESS TESTS-FIRE DEPT
CARBON DIOXIDE TANKS-COMMUNITY CENTER
VENDING MACHINE REPAIR-PUBLIC WORKS BLDG
MILEAGE-COMMUNITY CENTER
-62 STACK CHAIRS/3 STACKING CHAIR DDLLYS-
HOMEWARD HILLS PARK
PACKING-WATER DEPT
-FURNISH & INSTALL RECEPTACLES IN LIFT
-STATION CONTROL CABINETS-$7995-SEWER DEPT/
-SIGN REPAIR-FIRE STATION/REPLACED FIXURE-
LIQUOR STORE
-UNION JOINTS/STEEL BRACKETS/NUTS & BOLTS/
DRILL BITS-FIRE DEPT
-HOOKS/SCREWS/FILE/HACKSAW & BLADES/NUTS &
BOLTS/BUNGEE CORDS-FACILITIES DEPT
-CLAMPS/CHALK/CHISEL/PUNCH/CONNECTORS/
ROLLERS/PAINT/SCREWS/TAPE-COMMUNITY CENTER
CEMENT/SCREWDRIVER/FUSES-STREET DEPT
-SPONGE/TAPE/NUTS & SCREWS/HOOKS/HOSES/
LAWN EDGING/PICK HANDLE-UTILITIES DIVISION
-PRINTING-SENIOR NEWSLETTER-SENIOR
-PROGRAMS/HALLOWEEN FLYER-HISTORICAL
INTERPRETATION PROGRAM
CANINE SUPPLIES-ANIMAL CONTROL DEPT
-REPLACED ZAMBONI POINTS & FILTER/ANALYZED
EXHAUST-COMMUNITY CENTER
-CONNECTORS FOR CITY COUNCIL COUNTER-
FACILITIES DEPT
-EXPENSES-OUTDOOR CENTER PROGRAM/HISTORICAL
INTERPRETATION PROGRAM
WASTE DISPOSAL-PARK MAINTENANCE
BUS SERVICE-ADULT PROGRAMS
-SERVICE-HALLOWEEN EXTRAVAGENZA-ADAPTIVE
RECREATION PROGRAM
-OIL NOZZLE & FILTER/CLEANED & INSPECTED
BOILER-RILEY LAKE PARK
BULB/REFLECTOR-FIRE DEPT
GASOLINE-EUIPMENT MAINTENANCE
CLEANING SUPPLIES-COMMUNITY CENTER
AFTERSCHOOL PROGRAM INSTRUCTOR/FEES PAID
CEMENT-STREET MAINTENANCE
PRINTED MUSIC-SENIOR PROGRAMS
REFUND-BUILDING PERMIT
SHIFT LEVER-EQUIPMENT MAINTENANCE
SERVICE-R BASE DATABASES-STREET DEPT
-CONFERENCE/OCTOBER 91 EXPENSES-ASSESSING
DEFT
MILEAGE-RECREATION SUPERVISOR
ADVERTISING-LIQUOR STORES
LEGAL ADS-PLANNING DEFT
PROTECTIVE EYEWEAR & CASE-FIRE DEPT
SERVICE-BOND PAYMENTS
COUPLINGS/ELBOWS-WATER DEPT
OFFICE SUPPLIES-EIRE DEPT/WATER DEPT
2891.00
150.00
40.00
16.25
2772.30
145.04
8195.85
23.91
33.86
70.69
29.13
62.28
651.00
37.20
124.47
48.63
122.86
117.86
175.00
21.00
52.36
34.00
8415.99
149.13
136.50
2132.75
27.00
15.50
30.93
426.00
1413.20
67.55
365.00
811.76
99.00
19285.89
392.79
359.56
NOVEMBER 19.1991
CLEANING SUPPLIES-WATER DEPT 148.51
WELL MOTOR REPAIR-WATER DEPT 3034.00
FIRE BADGES-BUILDING INSPECTIONS DEFT 2Ir '0
EQ -RECHARGEABLE BATTERY STACKS/TRAINING 16 5
TARGETS-POLICE DEPT
-MAINTENANCE AGREEMENT FOR TIME RECORDER- 109.00
POLICE DEPT
SERVICE-OUTDOOR CENTER 80.00
-CRAFTS INSTRUCTOR/FEES PAID/EXPENSES- 403.50
AFTERSCHOOL PROGRAM
EXPENSES-BUILDING INSPECTIONS DEFT 15.00
EXERCISE INSTRUCTOR/FEES PAID 240.00
VOLLEYBALL OFFICIAL/FEES PAID 225.00
PLASTIC ZIPPER BAGS-BUILDING INSPECTIONS 1429.38
REPLACED rcce HOSE-WATER DEPT 111.20
LABELS-LIQUOR STORE 370.00
CLEANING SUPPLIES-WATER DEPT 258.13
-BELTS/PANELS/SLEEVES/STAINLESS STEEL 1424.93
-MOUNTING COVER/SEAL SPOUTS/KNOB/CABLES/
• ELECTROLYTE-WATER DEPT
WIRE MAINTENANCE AGREEMENT-COMMUNITY CENTE 7.00
-CHEMICALS/TEST TABS-COMMUNITY CENTER/LAB 511.25
SUPPLIES-WATER DEPT
LIGHT BULBS-FACILITIES DEFT 32.25
STARTER CAPACITORS/RELAYS-SEWER DEPT 229.20
-GASKET SEWER TEE/END PLUGS/COUPLINGS/800 3668.46
-FT DRAIN TILE/CROSS CONNECTORS/BALL VALVE/
-2 IN COMP METER-$1080/2 IN METER -$455/16
-5/8 IN METERS-$824/FLA14GE FILLERS-WATER
DEFT
-CASTERS/SWIVEL ROPE HOOK/THERMOMETERS- 92.80
COMMUNITY CENTER
MILEAGE/EXPENSES-SENIOR PROGRAMS 103.50
MINUTES-CITY COUNCIL 150.00
SUBSCRIPTION-PARK & RECREATION DEPT 39.00
-CHEMICAL STORAGE RM CONDENSING UNIT 5328.39
-REPAIR/HOT WATER BOILER REPAIR/EMERGENCY
-INSPECTION OF DEHUMIDIFIER/SAFETY
-MODIFICATIONS TO HOT WATER BOILER/REPLACED
-ALARM AQUASTAT/AIR HANDLING UNIT REPAIRED-
WATER DEPT
1ST AID SUPPLIES-CITY HALL 81.30 -WASHERS/BOLTS/GASKETS/BEARINGS/FUEL 431.65
INJECTOR PUMP CLEANED-EQUIPMENT MAINTENANCE
-BUILDING MATERIALS-HOUSING REHABILITATION 1115.20 PROGRAM
334.00-
330.24
38.87
18.00
198.50
229.74
415.52
5° 00
20076 THE STATE CHEMICAL MFG CO
20077 STEVENS WELL DRILLING CO INC
20078 grOFFEL SEALS CORP
20079 STREICHERS PROFESSIONAL POLICE
20080 STROMBERG PRODUCTS
20081 SWEDLUND SEPTIC SERVICE
20082 KATHERINE TEKIELA
20083 LOWELL THONE
20084 BETH TIMM
20085 CALEB TRUAX
20086 TWENTIETH CENTURY PLASTICS
20087 TWIN CITY GARAGE DOOR CO
20088 TWIN CITY PRICING & LABEL INC
20089 UNITED LABORATORIES INC
20090 VESSCO INC
20091 VICOM INC
20092 VIKING LABORATORIES INC
20093 VOSS LIGHTING
20094 WALDOR PUMP & EQUIP CO
20095 WATER PRODUCTS COMPANY
20096 WATERITE INC
20097 SANDRA F WERTS
20098 ROBERTA WICK
20099 WORDPERFECT
20100 YALE INC
20101 ZEE MEDICAL SERVICE
20102 ZIEGLER INC
20103 PAUL & NICOLE ZIVALICH
19367 VOID OUT CHECK
19442 VOID OUT CHECK
19464 VOID OUT CHECK
19487 VOID OUT CHECK
19557 VOID OUT CHECK
19599 VOID OUT CHECK
19654 VOID OUT CHECK
19659 VOID OUT CHECK
1139303
$1839055.07
DISTRIBUTION BY FUNDS
372159.82
78401.40
49077.18
350.00
10093.51
128.00
19265.89
46282.91
868312.47
38358.74
57595.04
208070.07
87021.84
3950.20
10 GENERAL
15 LIQUOR STORE-P V M
17 LIQUOR STORE-PRESERVE
20 CEMETERY OPERATIONS
31 PARK ACQUIST & DEVELOP
33 UTILITY BOND FUND
45 UTILITY DEBT FD ARB
51 IMPROVEMENT CONST FD
60 IMPROMENT COST FUND
82 IMPROVEMENT CONST FD
73 WATER FUND
77 SEWER FUND
81 TRUST & ESCROW FUND
87 CDBG FUND
$1839065.07
PI7
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Enger, Director of Planning
THROUGH: Carl Jullie, City Manager
DATE: October 31, 1991
SUBJECT: Consideration of City Purchase of Five Parcels Lying West of Eden Road, North
and South of Singletree Lane
In a letter dated September 25, 1991, Kelly J. Doran and Donald G. Brauer have made an offer
to sell five properties located west of Eden Road to the City of Eden Prairie. A number of
questions arise when considering this.
I. Why should the City of Eden Prairie acquire these parcels?
2. How should the City acquire these parcels if it is to acquire them?
3. Are there other alternatives which allow adequate control over these parcels without
buying them?
4. What would the City of Eden Prairie do with these parcels if acquired?
5. What are the risks involved in the acquisition of these properties?
6. What are the risks involved in not acquiring these properties?
PURCHASE OR REGULATE
It has been suggested that in order for the City of Eden Prairie to be proactive in the downtown
area and to be effective in proscribing the highest and best land use, it may be necessary to
actually own the properties. This is not a new concept to cities but has not been utilized as the
main tool in the City's development toolbox over the last twenty years.
The City, through judicious application of ordinances, policies and development review
standards, has been able to positively effect both placement of land uses, and the ultimate form
of those uses. Control of land use and form of development is the reason for a Comprehensive
Guide Plan and the reason for City codes and standards. However, as the City has grown, so
have the expectations as to the final result.
The City Council has a vision of the Major Center Area developed into a special downtown
center, which will: "provide an active, bustling, central gathering point, that is pedestrian
Memorandum
November 15, 1991
Page 2
friendly, accessible to the entire community, and which lends a small town feeling and
opportunity for tradition." This 1987 Strategic Plan goal statement is more specific in its
prescription of the form of the special downtown area than any of the plans that have been
implemented to date for the area.
The Major Center Area PUD and the Comprehensive Guide Plan are quite broad; the vision is
more specific. Hence, the recent clashing of values between the market and the City Council's
desires in the area.
The idea of regulatory control must be accepted in a broad sense, or the Council would not be
comfortable in the role of Comprehensive Planning the entire community. If the issue in a
specific area, such as "downtown" is, that the "vision" is not clear enough to develop regulatory
standard (but rather "I'll know what I want when I see it"), then perhaps the ownership idea is
valid on a small scale.
AREAS OF POSSIBLE PURCHASE
The three parcels being offered for sale by Don Brauer north of Singletree Lane and west of
Eden Road may not offer adequate control by themselves without aggregating them together with
a portion of the Teman property. Consideration should be given to negotiate some type of land
or development right for a portion of the Teman property as well. This will make acquisition
of the Brauer parcel most effective. The Teman homestead lying north of these three parcels is
not being offered at this time, but, may be under the same pressures as the parcels being offered.
This must also be taken into consideration.
The two lots lying south of Singletree Lane and west of Eden Road being offered by The Robert
Larsen Partners, Inc. and Tess Burnam could be combined to provide a reasonably sized
restaurant site or held as a part of further acquisitions in the area as properties become available.
This would allow potential for the City to eventually aggregate all 61/2 acres of property lying
south of Singletree Lane and west of 169 for a future use.
The City must weigh whether it is more likely that the properties will be bought one or two at
a time for smaller uses or whether a private aggregation or larger uses would occur. Obviously,
there is a balancing act here, because the goal is not to end up with large land uses that have no
pedestrian scale to them, and not end up with uses so small that there is no continuity.
If the City is to acquire properties in the Eden Road area, it should be at fair market value. The
properties north of Singletree Lane should be considered only if some control of the Teman
property is also a quantifiable given. It is likely that there will be immediate further
A90
Memo
October 31, 1991
Page 3
development pressure on the Teman property, and any City involvement could be relatively short
term.
MECHANICS OF PURCHASE
The City could use its Housing and Redevelopment Authority as a vehicle to purchase, hold, and
manage the property and use tax increment financing in order to fund the acquisitions. The City
should explore the ability to gain financial control of the properties with as little money as
possible, utilizing the tools of contract for deed, option, and/or a balloon payment to reduce
upfront costs.
There has not been adequate opportunity to analyze each individual property as to its rental
income stream or rental possibility for offsetting holding costs. This would need to be done with
an in depth study.
RISKS
The City risks paying too much for the properties and losing money if an inflated price were paid
and a market was not readily available for the property. The City may be tempted to divest itself
of the properties at less than cost, to land uses not totally to the City's liking. This would be
a "lose/lose" situation.
A risk of not purchasing the properties would be poor land uses and implementation if the City's
regulatory controls were not used effectively. Poor compatibility of uses and hodgepodge
development is also a risk.
RECOMMENDATION
If the City Council feels that ownership of the properties in the Eden Road area is necessary in
order to control development and aggregate property to help realize the broad vision of the
downtown area, then:
I. Purchase of the properties should be the least up front cost.
2. The City should hire an independent appraiser to appraise the properties for market value
and should use these appraisals to assist them in their negotiations. The appraisals should
set the upper limit of value for purchase offers by the City. These appraisals do not have
to be made public unless the negotiating parties exchange appraisals or a purchase
agreement is entered into. (Roger Pauly memo of October 22, 1987 regarding data
practices).
mg
Memo
October 31, 1991
Page 4
3. Control of additional land from the Teman parcel north of Singletree Lane is necessary
in order to gain any advantage in purchasing the three properties from Eden Prairie
Associates.
SOUTHWEST METRO TR4NS11
November 13, 1991
7600 Executive Drive
Eden Prairie, MN 55344
(612)934-7 928
Fax (612)937-7411
TO: Mayor and City Council, City of Eden Prair
FROM: Diane Harberts, Administrator
SUBJECT: Appointments to the Southwest Metro Transit Commission (SMTC)
As of January 1, 1992, the two Commission positions representing Eden Prairie will be
vacant.
The Joint Powers Agreement requires that the first position be filled by a City Council
member (including mayor). The term of the position is three years, from January 1,
1992 to December 31, 1994. Council member Patricia Pidcock holds the position,
completing the term of Gary Peterson, until December 31, 1991. (Kevin Tritz also
represents Eden Prairie; his term expires on December 31, 1993.)
The second position is a two-year term (January 1, 1992 - December 31, 1993) and
must be filled by a resident of Eden Prairie who is an SMTC express or Dial-A-Ride
service user. This person does not need to be a City Council member. We will place
notices on SMTC express and Dial-A-Ride vehicles to inform riders of the position and
its responsibilities and encourage interested individuals to submit a letter of interest to
our office. We will also contact Eden Prairie riders who have shown interest In and
commitment to the service. We plan to prepare a list of candidates for the Council's
consideration on December 3.
Commission members represent the interests of their City as they work together to
achieve Southwest Metro Transit's goals and objectives. They are responsible for
attending Commission meetings which are scheduled for the evening of the fourth
Thursday of each month at Eden Prairie, Chaska, or Chanhassen City Hall.
We hope that appointments to both positions can be made in December in time for
orientation before the January 23, 1992 meeting.
We are pleased to have this opportunity to assist the City Council in its selection
process.
c1,1.149
MEMORANDUM
TO: Mayor and Councilmembers
THROUGH: Natalie Swaggert, Director
Human Resources & Community Services
FROM
Virginia Gartner, Chair
Human Rights & Services Commission
DATE: November 15, 1991
SUBJECT: Recommendation of candidates for appointment to
South Hennepin Regional Citizens Advisory Commission
At the October 28, 1991 annual joint meeting of the Human Rights
and Services Commission and the Community Needs and Resources
Council, members discussed potential candidates for appointment to
the new South Hennepin Regional Citizens Advisory Commission.
As a result of the discussion, we are recommending that the Council
appoint two individuals and one alternate as follows:
MEMBER
TERM EXPIRATION
Bette Anderson January 31, 1994
Bill Jackson January 31, 1993
ALTERNATE
TERM EXPIRATION
Virginia Gartner January 31, 1994