HomeMy WebLinkAboutCity Council - 12/17/1991AGENDA
MEN IIMMSTELCOLDICIL
TUESDAY, DECEMBER 17, 1991 IMMEDIATELY FOLLOWING HOUSING &
REDEVELOPMENT AUTHORITY MEETING,
CITY COUNCIL CHAMBER
7600 Executive Drive
Mayor Douglas Tenpas, Richard Anderson, Jean
Harris, H. Martin Jessen, and Patricia Pidcock
City Manager Cert.'. 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
COUNCILMEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MINUTES
A. Special City Council Meeting held Tuesday. November 26. 1991
B. City Council Meeting held Tuesday. December 3. 1991
C. Workshon Meeting, held Monday. December 9. 1991
III. CONSENT CALENDAR
A. Clerk's License List
B. Appointinf Election Judges for the December 21.1991 Election
(Resolution No. 91-270)
C. Request speed study for CSAH 61 (Shady Oak Road) between
Crosstown 62 and TH 212 (Resolution No. 91-266)
D. Final Plat Approval of Bell Oaks 4th Addition (located north
of Riverview Road and west of Gantry Way) (Resolution No.
91-265)
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City Council Agenda
December 17, 1991
Page Two
E. Apnrove Change Order No. 2 for Bluffs West 90: Addition,
fluffs East 8th. Bluestem Ridge and Hawk High Ridge. LC,
52-224, 223. 199
Page 2588
F. Approve Contract for Community Center Use
Page 2590
Page 2608
Page 2610
Faye 261.3
Page 2615
Page 2617
Page 2624
Page 2629
G. 'Resolution No. 91-268. to Submit Application for 1992
Hennepin County Grant Recycling Program
H. Adopt Findings of Fact. Conclusions. and Order to Correct
Hazardous Conditions at 10943 Spoon Ridge
I. Selection of Auditor to Conduct 1991 Calendar Year Audit
J. Final Plat Approval for Bernard Hamilton Addition (located at
the northeast corner of Staring Lake Parkway and Twin Lakes
Crossing), (Resolution No. 91-264)
K. HAMILTON ADDITION by Bernard Y. Hamilton. 2nd
Reading of Ordinance 26-91, Zoning District Change from
Rural to R1-13.5 on 0.98 acre; Approval of Developer's
Agreement; Adoption of Resolution 91-205, Authorizing
Summary and Ordering Publication of Ordinance 26-91; 2
single family lots and road right-of-way to be known as
Bernard Hamilton Addition. Location: 14380 Staring Lake
Parkway. (Ordinance 26-91, Zoning District Change;
Resolution 91-205, Summary and Publication)
IV. PUBLIC HEARINGS
A. BRAXTON POND by Westar Properties, Inc. Request for
Zoning District Change from Rural to R1-13.5 on 3.6 acres;
Adoption of Resolution 91-248, Preliminary Plat of 3.6 acres
into six single family lots and road right-of-way with variance
to be reviewed by the Board of Appeals to be known as
Braxton Pond. Location: south and west of the terminus of
existing Braxton Drive. (Ordinance 32-91 - Zoning District
Change; Resolution 91-248 - Preliminary Plat)
B. LORFIICF; 3RD ADDITION by Peter Knaeble. Request for
Zoning District Change from Rural to R1-13.5 on 0.07 acres;
Adoption of Resolution 91-250, Preliminary Plat of 0.87 acres
into two single family lots and one outlot to be known as
Lorence 3rd Addition. Location: southeast corner of Valley
View Road and 'lames Way. (Ordinance 33-91 - Zoning
District Change; Resolution 91-250 - Preliminary MO.
City Council Agenda
December 17, 1991
Page Three
Page 2636 C. DEVAAN PROPERTY by Herbert DeVaan. Request for
Zoning District Change from EM-6.5 to R1-13.5 on 0.58 acres
for construction of a single family home. Location: Lot 7,
Block 2, Lake Trail Estates. (Ordinance 35-91 - Zoning
District Change).
V. PAYMENT DIELABIS
VL ORDINANCES AND RESOLUTIONS
A. Approval of 1st Amendment to Development Agreement
between the City of Eden Prairie. The Housing & Redevelopment Authority for the City of Eden Prairie. and
Elim Shores. Inc, (Resolution No. 91-269)
1!)=S TESI LiRMIESILMar&MMIllyfraMENINS
VIII. REPORTS OF ADVISORY BOARDS. COMMISSIONS
COMIIMMES
AMIN3111MS
A. Southwest Metro Transit Commission - Appointment of
Resident to a Two-Year Term on Southwest Metro Transit
Commission (Continued from 12/3/91)
X. REPORTS OF OFFICERS
A. R.CLUELLQL.C.111Writera
B. Report of Citv Manager
C. Report of Director of Parks. Recreation & Natural Resource
1. Wildlife Management Plan (Resolution No. 91-260)
D. Report of Director of Public Works
1. TIF CanitaLProiects Status Report
XI. OTHER BUSINESS
ADJOURNMENT
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UNAPPROVED MINUTES
SPECIAL CITY COUNCIL MEETING
TUESDAY, November 26, 1991
COUNCILMEMBERS:
CITY COUNCIL STAFF:
7:30 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
Mayor Douglas Tenpas, Richard Anderson,
Jean Harris, H. Martin Jessen, and
Patricia Pidcock
City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Finance Director
John D. Franc, Director of Planning
Chris Enger, Director of Parks,
Recreation & Natural Resources Robert
Lambert, Director of Public Works Gene
Dietz, City Assessor Steve Sinell,
Police Chief Jim Clark, Director of
Inspections, Safety & Facilities Kevin
Schmieg, Director of Human Resources and
Community Services Natalie Swaggert,
Fire Chief Spencer Conrad, and Recording
Secretary Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
Harris was absent and Jessen arrived late.
I APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Anderson moved, seconded by Pidcock, to approve the
agenda as published. Motion carried 3-0.
II. PUBLIC HEARINGS
A. 1991 Special Assessment Hearing (Resolution No. 91-2408)
(Continued from November 5, 1991)
City Manager Jullie said that, on direction of the Council
at the November 5th meeting, Staff secured an appraisal for
two representative properties in the Sunrise Circle and
Staring Lane/Ridge Road neighborhood. He said the intent of
the appraisal process was to do a representative appraisal
for the two neighborhoods that would give a general
indication of what the increase in valuation might be due to
the improvements.
Referring to the memo of November 21st from Director of
Public Works Dietz, Jullie said the benefit from the
improvements was determined to be in the range of $11,000-
City Council Meeting 2 November 26, 1991
$15,000. He said the conclusion reached was that the
average increase in value is $13,000 in the neighborhood,
while the average present value of the improvements is close
to $13,300. Based on that conclusion, he said Staff
recommends reducing the assessments by $300 per parcel.
Dietz reviewed the revised assessment roll based on the
recommended reduction of $300 per parcel.
LeRoy Heitz, 9281 E. Staring Lane, said he thought the
appraisal was a slap in the face to the property owners. He
presented statistics on actual sales in the area that he
said would result in a much greater reduction in the
increase value due to the improvements. He referred to a
District Court case in Shakopee that indicated a $9,000
increase in value on what he believed was comparable
property.
Dietz said the $9,000 value is a Prior Lake case. He said
he talked to the City of Prior Lake and they are appealing
the decision. He said that the decision was based on
specific properties and appraisals in Prior Lake and was not
intended to be extrapolated to other areas.
Pidcock asked Dietz who the appraiser was and what his
qualifications were. Dietz said the appraiser was N. Craig
Johnson who has extensive of experience in real estate in
Eden Prairie.
Pat Hartell, 9140 W. Staring Lane, said she thought there
should have been three appraisals done, since many
corporations require three appraisals in order to determine
property values for relocation purposes. She said she is
disputing the amount of the increase in value and that
$13,000 is still high.
Tenpas said the appraisal showed a value that was less than
the actual sales presented by Mr. Heitz which took place two
or three years ago. Hartell said she thought the house used
in the appraisal was a newer one and should not have been
used to determine the increase in value for the older homes
in the neighborhood. A discussion followed regarding
property values in the neighborhood.
Pidcock said the Council understands the difficulties of
being in an older neighborhood when improvements are put in;
however, such improvements must be paid for. She said she
thought the City has done everything it possible to be fair
and to lessen the burden placed on the homeowners.
Anderson said these are difficult situations in older
neighborhoods with large lots but he also thought we "walkee
the extra mile." He said he was confident that we have dont
the best we could to come up with the fairest possible
appraisal.
City Council Meeting 3 November 26, 1991
Tenpas said he was sympathetic to the neighborhood and that
the City changed the entire assessing policy last year in an
attempt to make it more fair.
MOTION: Pidcock moved, seconded by Anderson, to close the
Public Hearing and to adopt Resolution No. 91-240B. Motion
carried 3-0.
B. 1992 Truth-in-Taxation Hearing - Proposed 1992 Property Tax
Levy and Budget (Resolution No. 91-258)
Jullie said the purpose of this hearing is to allow Eden
Prairie property owners to express their opinions on the
1992 City budget and the proposed amount of property taxes
to be collected next year. He presented a summary of the
proposed budget and the property tax impacts. He noted that
the proposed 1992 property tax levy of $12,469,474 is only a
3.66% increase over 1991.
Tenpas asked Jullie to review the concept of tax capacity
and the related issue of fiscal disparities. Jullie said
the tax base is somewhat eroded by a major factor called
fiscal disparities. He said the application of the fiscal
disparities factor means that the City of Eden Prairie in
1992 will be losing about $4.4 million of our tax capacity
to other communities. He said as a result our taxable value
is dropping by 6% despite $90 million in new construction.
Tenpas explained the history of fiscal disparities and the
efforts the City has made to effect change in the concept
and implementation of fiscal disparities.
Jullie noted that there has been attrition in the City
staff. He said they are also committed to a program of
total quality management and are looking at how Staff can
provide better and more efficient services to the residents
of Eden Prairie.
Stewart Horn, 6745 Amherst Lane, said he would like to see a
study done of what could be saved if Eden Prairie were to be
annexed to another community such as Minnetonka. He said
that would eliminate many high paying jobs and would reduce
some of the costs of government. Tenpas responded that
efforts are being made to coordinate projects with other
cities in order to reduce costs.
Anderson noted that attempts made to save money by such
means as year-round school and renting school buildings in
other communities were disliked by Eden Prairie residents.
He said that people must be willing to make trade-offs if
money-saving ideas are to be implemented.
Pidcock said she appreciated the participation in tonight's
meeting and she hoped that those who came to this meeting
would also monitor other units who spend tax dollars.
2.5!):/
City Council Meeting 4 November 26, 1991
David Halle, who leases property from the M.A.C., said his
taxes went up 28.3%, so he couldn't understand how the City
can claim to be holding property taxes down. Tenpas said
there was a $10,000 increase in the valuation of the hangar
and that the valuation was done by Hennepin County. He said
only the City Council can control only 10% of the total
increase.
Halle said he thought that the people have lost control of
the government. He said he thought that the varopis
governmental bodies could all whittle down their budgets in
order to take some pressure off the taxpayers.
Tenpas said that people have to use their voting power to
effect change. Pidcock noted that our taxes would be 17%
less if it were not for fiscal disparities. She said she
got involved in local government because she, too, was upset
about taxes.
Doug Marsden, 16650 Baywood Terrace, said he was
representing the Duck Lake Neighborhood Association. He
said they brought a petition to the Council last fall asking
that the Council consider funding a sidewalk from Duck Lake
Trail to Round Lake Park. He said he wanted to express his
disappointment that there is no funding in the budget for
that project and to request that the budget be changed to
include the sidewalk.
Tenpas noted that this issue was discussed in great detail
along with other locations in the community that should have
sidewalks or trails.
Dietz said the estimated cost for this particular section of
sidewalk is $200,000, of which $65,000 is to build a bridge
spanning the railroad tracks. Tenpas asked if there were
alternatives that might be considered. Dietz said the 3-
foot parapet wall on the bridge is the main problem.
Jessen asked if consideration had been given to extending
the 3-foot parapet and narrowing up the roadway lanes a bit.
Dietz said the County is willing to consider that
possibility; however, we would still need $135,000 for the
trail and the retaining walls that will be required.
Anderson noted that the 1975 Hikeway/Bikeway Task Force had
designated Pioneer Trail and Eden Prairie Road as priorities
for trails and they still haven't been completed. He said
he would like to suggest that we together with the County to
get some estimates and try to get going on these trails.
Tenpas said he would like Staff to come back to next week's
Council meeting with some alternatives to lessen the cost
for this project.
Deirdre Griswold, 10537 Bluff Road, said she was Chairman of
Minnesota Fair Share and was representing over 1500
r , ,o
City Council Meeting 5 November 26, 1991
taxpayers in Eden Prairie. She said her group is going to
be a report-card organization, reporting before each
election. She said the Council is hearing a level of
frustration that is rising and that we are seeing growth in
government, not with services. She said she knows there are
ways to cut spending so that the City could stay at the
inflation rate plus population growth.
Steve Yerkes, 16745 Hilltop Road, asked what the equipment
certificates were. Jullie said this is a vehicle for
borrowing money on an interim basis in order to buy
maintenance equipment.
Yerkes then asked about the $1.382 million for
contingencies. Jullie said that is the amount funded for
capital projects, $500,000 of which will go to fund the
capital improvements project. He said the balance will be
used for the City Hall purchase.
Yerkes asked what happens to retained earnings from the
Liquor Fund. Jullie said they anticipate transferring the
funds to the General Fund. A discussion followed regarding
earmarking earnings from the special funds for specific
projects such as public safety or parks. The consensus was
to have further discussion at the next Council meeting about
the dedication of special funds.
Jessen said he thought the adjustments to compensation
looked a little high. He said he would like to have a
further discussion at the next Council meeting of how those
were arrived at. He said there were a couple of other
capital items and some equipment certificates that also
should be reviewed.
MOTION: Jessen moved, seconded by Pidcock, to continue the
1992 Truth-in-Taxation Hearing to a special meeting of the
City Council on Tuesday, December 10. Motion carried 4-0.
Dietz suggested that the Council also discuss the Enterprise
Funds at the next regular meeting.
III. OTHER BUSINESa
A. Set Council Workshon Session for December 9. 1991
The consensus was to set the workshop session for 5:00 PM,
Monday, December 9, 1991, at Spring Hill.
Iv. ADJOURNMENT
MOTION: Pidcock moved, seconded by Jessen, to adjourn the
meeting at 9:40 PM. Motion carried 4-0.
0,1/ an JuI49
TIME:
LOCATION:
COUNCILMEMBERS:
EDEN PRAIRIE CITY COUNCIL
UNAPPROVED MINUTES
8:00 PM Tuesday, December 3, 1991
City Hall Council Chambers
7600 Executive Drive
Mayor Douglas Tenpas, Richard Anderson, Jean Harris,
H. Martin Jessen and Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City
Manager Craig Dawson, City Attorney Roger Pauly,
Finance Director John D. Frane, Director of Planning
Chris Enger, Director of Parks, Recreation & Natural
Resources Robert Lambert, Director of Public Works
Gene Dietz, and Recording Secretary Roberta Wick
PLEDGE OF ALLEGIANCE
ROLL CALL
All Councilmembers present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION
Anderson moved, seconded by Pidcock, to approve the agenda.
Jullie requested that the following items be added to III. Consent
Calendar: ID) Eden Prairie Auto Center by Accent Real Estate, Ltd. 2nd
Reading of Ordinance 31-91-PUD-10-91 and Developers Agreement; (El
Resolution Supporting Efforts to Reduce Pollution of the Minnesota River
(Resolution No. 91-253). Jullie also requested that two items be added to
X.C. Report of Director of Public Works: (2) Contract for Purchase of
the Eaton Corporation Building for Public Works Facility; (3) Proposal
from Summit Environmental Engineering & Consulting, Inc. for services
regarding the Purgatory Creek Wetlands Issue.
Anderson requested the additions of the following items under X.A.
Reports of Councilmembers: (1) Relationship Between Staff, Council and
Mayor; (2) Snow Plowing. Tenpas requested the addition of (3) Fire
Fighters Relief Association; (4) Traffic Signal at Prarie Center Drive and
Singletree Lane; (5) Charity Event. Pidcock requested the addition of
(6) Street Light on Harmony Place.
Agenda approved as amended 5-0.
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II. MINUTES
A. City Council Meeting held Tuesday. November 19, 1991
MOTION
Pidcock moved, second by Anderson, to approve the minutes from the
City Council Meeting held November 19, 1991.
Motion approved 5-0.
III. CONSENT CALENDAR
A. Clerk's License List
B. SOUTHWEST SUBURBAN CABLE COMMISSION - 1991 CATV Relief
extension - 2nd Reading of Ordinance No. 37-91 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
was Funded; Approval of Restated Performance Agreement; Approval
of Consent Agreement and Guaranty of Performance
C. APProval of South Hennepin Regional Planning Agency Joint Powers
Agreement
D. EDEN PRAIRIE AUTO CENTER by Accent Real Estate, Ltd. 2nd Reading
of Ordinance 31-91-PUD-10-91, Zoning District Amendment within the
C-Reg-Ser District on 16.2 acres; Approval of Developer's Agreement;
Adoption of Resolution 91-262, Approving Summary and Ordering
Publication of Ordinance 31-91-PUD-10-91; Adoption of Resolution 91-
226, Site Plan Review on 16.2 acres for development of a 158,000
square-foot automobile dealership to be known as Eden Prairie Auto
Center. Location: Southeast corner of Valley View Road and Plaza
Drive. (Ordinance 31-91-PUD-10-91, Zoning District Amendment;
Resolution 91-262, Summary and Publication; Resolution 91-226, Site
Plan Review)
E. Resolution Supporting Efforts to Reduce Pollution of the Minnesota
River. (Resolution 91-263)
MOTION
Pidcock moved, seconded by Anderson, to approve the Consent Calendar.
Jullie called Council attention to a memo dated December 3, 1991
regarding the Eden Prairie Auto Center and stated that the vehicular
display would include a variety of vehicles in addition to automobiles.
Ile also pointed out there had been a change in the enforcement
conditions which were utilized in the prior Eden Prairie Ford agreement.
N 9(rii
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December 3, 1991
City Council Minutes Unapproved
He said assurances from the developer had been received that there
would be compliance with City Code.
He also said that the Welsh-Sierra Limited Partnership (Bingo Hall at the
Eden Prairie Legion) should be omitted from the Clerk's License
Application List because City Code precluded the issuance of such
license to a private, for-profit corporation.
Consent calendar as amended approved 5-0.
IV. PUBLIC HEARINGS
A. GOLF POINTE by Associated Investments, Inc. Request for
Comprehensive Guide Plan Change from Medium-Density Residential to
Low-Density Residential on 2.24 acres, Zoning District Change from
Rural to R1-13.5 on 2.24 acres with variances to be reviewed by the
Board of Appeals, Preliminary Plat of 2.24 acres into 5 single-family
Iota. Location: South of Valley View Road east of the abandoned
Chicago Northwestern Railway (Resolution No. 91-227 - Amending the
Comprehensive Municipal Plan; Ordinance No. 29-91 - Rezoning from
Rural to R1-13.5; and Resolution No. 91-259 Approving the Preliminary
Plat)
Aline said notice for the public hearing was properly published in
the November 21, 1991 issue of the Eden Prairie News and mailed to
surrounding property owners.
Tom Robertson, representing Associated Investments, Inc., explained
the details of the project by the use of maps and drawings. He
pointed out that the plan was a change from the original
development proposal for townhouses approved in April 1988. The
reason for the change was that the demand for townhouses was
down, and therefore it had been decided to propose five single-
family houses on the property.
Enger said the Planning Commission had recommended approval of
the item at its October 28, 1991 meeting on a 4-0 vote subject to the
recommendations of the staff reports of October 4 and October 25,
1991.
Lambert said the Parks, Recreation and Natural Resources Commission
recommended approval of the project at its November 18, 1991
meeting on a 5-0 vote.
Anderson said he believed there was a possibility of building a trail
in the area and requested that staff investigate gaining public
access to a trail in the creek area in the development.
Jessen asked Pauly what the City's liability was due to errant golf
balls with the approval of a development close to a golf course.
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Pauly said the City would not incur any additional liability in this
case because he believed the development was a reasonable distance
from the golf course.
There were no comments from the audience.
MOTION
Pidcock moved, second by Harris, to close the public hearing, adopt
Resolution No. 91-227 to Amend the Comprehensive Municipal Plan,
and approve first reading of Ordinance No. 29-91 for Rezoning.
Anderson asked Pauly if the City had any liability in allowing the
development close to a floodplain area. Pauly said approval was
appropriate on any areas outside of the floodplain area and in his
opinion the City would not incur any liability for this reason.
Motion approved 5-0.
MOTION
Pidcock moved adoption of Resolution No. 91-259 to approve the
preliminary plat and direct staff to prepare a development agreement
incorporating commission and staff recommendations. Seconded by
Harris. Motion approved 5-0.
B. RICE MARSH LAKE pup by the Pemtom Company for a Planned Unit
Development Concept Review on 129.8 acres, Planned Unit
Development District Review on 129.8 acres with waivers, Zoning
District Change from Rural to R1-9 on 24.8 acres and from Rural to
R1-13.5 on 105 acres, Site Plan Review, and Preliminary Platting of
129.8 acres into 204 single family lots, 3 outlots, and road right-of-
way for construction of a residential development to be known as
Rice Marsh Lake P.U.D. Location: North of Rice Marsh Lake, just
east of Chanhassen-Eden Prairie city limits (Resolution No. 91-245 -
Approving the PUD Planned Unit Development Concept Amendment;
Ordinance No. 31-91-PUD-11-91 - PUD District and Rezoning from
Rural to R1-9.5 and R1-13.5; and Resolution No. 91-246 - Approving
the Preliminary Plat)
Aline said notice for this public hearing was properly published in
the Eden Prairie News and mailed to surrounding property owners.
Dan Herbst, representing The Pemtom Company, explained the project
with the use of maps and drawings. He pointed out that this was
the George Schroers farm, west of Dell Road and South of Highway 5.
He said the proposal included three distinct neighborhoods with
separate entrances. The overall development would be called
Winfield, with three neighborhoods called Winfield North with R1-9.3
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December 3, 1991
City Council Minutes Unapproved
lots, Winfield Meadows, and Winfield on the Lake in which the
properties would be next to the lake. The plan had 19 fewer lots
than the proposal which had been previously approved. He said
there would be eight ponds on the site which would be used for
sedimentation purposes and treatment of storm water, and which
would also be amenities to the site. There would be a sidewalk and
trail system in the development. There would be approximately 32
acres dedicated to the City. He said the plan was to develop the
area in four phases. The proponent also requested approval of a
limited early grading permit, subject to approval from the Watershed
District, because of the unknowns the new agency rules being made
to regulate wetlands. He believed a early grading permit could
possibly avoid a year or year-and-a-half moratorium in obtaining
proper permits for development near wetlands.
Enger said the Planning Commission reviewed the item at its
November 4, 1991 meeting and recommended approval on a 4-1-0 vote,
with Norman voting Nay because she was concerned about the
shoreline lot variances. The Planning Commission's approval was
subject to the recommendations of the staff report dated November 1,
1991 and the plans submitted by the proponent dated November 1,
1991. Enger reviewed several items included in the staff report,
pointing out specifically that there would have been more tree loss
than originally anticipated. There was a significant area of large
oak trees in the southeast portion of the property and the
proponent had reworked the plan by eliminating two lots in order to
bring the tree loss down to the 46% recommended by the Planning
Commission.
Lambert said the Parks, Recreation, and Natural Resources
Commission reviewed the proposal on December 2, 1991 and
recommended approval on a 5-0 vote according to the November 27,
1991 Planning Staff memorandum and the November 1, 1991 Planning
Staff report. The major issues discussed were the tree loss proposal
and park dedication fees. The Commission recommended giving some
value to the dedicated 32 acres and reduce the cash park fees by
$100 per lot. The Commission was concerned about trail construction
and the developer had agreed to develop the trail within the park
before the houses were built.
Harris said she was pleased to hear the trails would be built at the
same time as the houses.
Jessen asked whether an advanced grading permit in this case would
the City get into the same bind as it had in the Purgatory Creek
floodplain situation because of changes of rules along the way.
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December 3, 1991
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Dietz said that, assuming approval by the Watershed District, all
permits would be in place for the project. The design standards for
the ponds to which the proponent was being held was beyond what
had been done in the previously-approved PUD and were consistent
with what the Board of Water and Soil Resources plans contemplated.
The uncertainty was where the permitting process would be in six
months and possibly there would be a moratorium on permits, a
situation that the proponent was attempting to avoid.
Conrad Fiskness, 8033 Cheyenne Avenue, Chanhassen, asked if the
northern border of the property abutted the DataServ Property.
Dietz said that was correct. Fiskness asked if the holding pond at
the center of the property was the existing pond at the southern
edge of the DataServ lot. Herbst said no and that it was a new
pond.
There were no further comments from the audience.
MOTION
Jessen moved, seconded by Harris, to close the public hearing.
Motion approved 5-0.
Anderson asked what the approximate cost of the houses on the R1-
9.5 lots would be. Herbst said they would be between $130,000 and
$150,000. Anderson said he believed this was within the guidelines
set by the Human Rights and Services Commission. Anderson said he
was concerned about approving an early grading permit for the
purpose of complying with the federal guidelines before January 1,
1992. Herbst said that the Corps of Engineers had issued a permit
for the grading. The proponent's concern was that the new
authority given to the Board of Water and Soil Resources could delay
issuance of additional permits that would be needed.
MOTION
Pidcock moved to adopt Resolution No. 91-245 approving the PUD
Concept Amendment and approve first reading of Ordinance No. 31-
91-PUD-11-91 for PUD District and Rezoning from Rural to R1-9.5 and
R1-13.5. Seconded by Jessen. Motion approved 5-0.
MOTION
Pidcock moved to Adopt Resolution No. 91-246, approving the
preliminary plat, and to direct staff to prepare a development
agreement incorporating commission and staff recommendations.
Seconded by Jessen. Motion approved 5-0.
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December 3, 1991
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MOTION
Pidcock moved to allow the limited grading permit with the
understanding that the developer proceed at its own risk. Seconded
by Harris. Motion approved 5-0.
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 voting "AYE".
VI. ORDINANCES & RESOLUTIONS
VII. PETITIONS. REQUESTS AND COMMUNICATIONS
A. Petition for the Closure of the Heritage Road/Highway 5 Intersection
(Continued from November 5, 1991)
Tenpas said he would recommend continuing this item to another date
as full notification had not been sent to the neighborhood involved.
Dietz recommended including the item on the January 21, 1991
agenda.
Chris Geason, 7470 Atherton Way, said he had not received
notification by mail of the meeting on this issue and wanted to be
sure that he received proper notification of the next meeting. Dietz
informed the Council and audience that any notification of meetings
to date had been done by residents petitioning for the closure.
MOTION
Pidcock moved, seconded by Jessen, to continue this item to the
January 22, 1992 Council meeting. Motion approved 5-0.
VIII. REPORTS OF ADVISORY HOARDS. COMMISSIONS ,_& COMMITTEES
A. Heritage Preservation Commission - Request Approval to Award
Contract to Tellus for Historical Survey and Context Study
Jullie said the Heritage Preservation Commission had interviewed
consultants in November, 1991 to undertake a historical context
survey arid had recommended Tellus Consultants, Inc. be retained to
identify the local historical resources in Eden Prairie. The cost of
the study would be $19,000. Funding had been secured for all but
$2,500 and this amount would be available in the Historical and
Cultural 1991 budget.
Eden Prairie
8
December 3, 1991 City Council Minutes
Unapproved
MOTION
Jessen moved, seconded by Harris, to retain Tellus Consu
l
t
a
n
t
s
,
I
n
c
.
to identify the local historical resources in Eden Prairie a
n
d
t
h
a
t
$2,500 be appropriated from the 1991 Historical and Cul
t
u
r
a
l
b
u
d
g
e
t
.
IX. APPOINTMENTS
A. Appointment of Resident to Two-year Term on South
w
e
s
t
M
e
t
r
o
Transit Commission.
Jullie said that this was for a two-year term which rotat
e
d
b
e
t
w
e
e
n
the three member cities. Traditionally the representativ
e
h
a
d
b
e
e
n
a
bus rider in the Southwest Metro Transit system. Four
c
a
n
d
i
d
a
t
e
s
were listed in the agenda packet.
It was the consensus of the Council that the candidates
b
e
interviewed at approximately 6:30 PM prior to the counci
l
m
e
e
t
i
n
g
o
f
December 17, 1991. Staff was requested to contact the c
a
n
d
i
d
a
t
e
s
and notify them of the time and place of the interviews.
X. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Relationhip Between Staff, Council, and Mayor.
Anderson said he was concerned about the relationship
b
e
t
w
e
e
n
the Council and the City Manager as it related to interf
e
r
e
n
c
e
o
n
the part of individual councilmembers or the mayor wit
h
t
h
e
staff in the performance of duties. He said he would li
k
e
t
h
e
policy on operating procedure clarified.
Tenpas requested that Pauly review the law in this matt
e
r
.
Pauly said that essentially under a Plan B City, the Council/City Manager form of government, any direction to staff was
t
o
b
e
made through the City Manager. This did not mean that
individual councilmembers could not receive specific info
r
m
a
t
i
o
n
from staff members. However, general direction to the
s
t
a
f
f
a
n
d
specific requests for action was to be implemented throu
g
h
t
h
e
City Manager.
Pauly stated further that Council had the responsibility
t
o
s
e
t
policy. That policy was to be implemented through the C
:
t
y
Manager, who in turn, guided the City staff.
Harris said she understood this to mean that the Council'
s
r
o
l
e
was to establish policy and the city manager's role was t
o
implement that policy. She asked if the right of Councilm
e
m
b
e
r
s
Eden Prairie
9
December 3, 1991
City Council Minutes
Unapproved
to request information included the right to manage or micro-
manage the functions of the City. Pauly said this right did not
include requesting some actions to be taken by individual staff
persons. Harris asked that if a request for an action were to be
made by an individual councilmember, was it necessary that the
request reflect the opinion of the majority of the Council. Pauly
said it would depend on the request. An individual's request
for action could be appropriate in a minor, non-policy matter,
but in any major type of actions that might be required, the
Council as a whole must determine what that direction would be.
Tenpas asked if it was appropriate if a councilmember cameo a.
special meeting which involved a personnel issue, for the
purpose of letting the person know in advance what was to be
discussed at the meeting and what the councilmember planned to
suggest as an action. Pauly said he believed informing someone
of the subject of the discussion was appropriate, and he
believed it would be a courtesy to the person involved.
Pidcock asked that if it was appropriate for a staff member to
ask a councilmember for an opinion on making a bid, for example.
Pauly said that in order to make the system work, it would have
to be appropriate. From the staff perspective, a lot of time
could be wasted if it did not get some informal idea of where the
Council stood on certain issues. Pidcock asked if the City
Manager had the authority to make an offer on any property in
the name of the Council when the Council had indicated that it
had an interest in the property. Pauly said this was correct as
long as the offer was contingent upon ultimate Council approval.
Anderson said he understood that the daily operations of the
City were the responsibility of the City Manager. He also said
he understood that policy was set by the majority of the Council
and therefore it was the majority of the Council that gave the
direction to the City Manager. Pauly said this was correct. He
asked Pauly if there was any recourse if the majority of the
Council believed there was interference in the daily operation of
the City by one of the councilmembers. Pauly said if an
interference went to the point where it became a violation of a
statute, it could constitute misconduct in office. He said there
was no remedy available to the Council as a whole other than to
adopt a resolution either correcting the direction given or give a
counter-direction.
Harris said she had been concerned about confusion that had
been growing as to roles and responsibilities as it related to
Council versus City staff, particularly unilateral initiatives of
members of the Council and negotiations that could lead to some
confusion on the part of the public. She said she would like to
establish ground rules that would in a general way govern the
Eden Prairie 10
December 3, 1991
City Council Minutes
Unapproved
Council/staff relationship in the future. Pauly said that they
key principal was that Council gave the general policy
directions, made specific decisions required by statute, and had
the direct authority to employ the City Manager. Individual
councilmembers had the right to interact with staff for purposes
of gathering information, and staff had the prerogative to
interact with councilmembers for the purpose of getting opinions
on various issues. Harris asked who had responsibility for the
actual conduct of the City's business and discharging Council's
policies. Pauly said this was the responsibility of the City
Manager. Harris asked if this included negotiations on behalf of
the City. Pauly said it did.
Jessen observed that Council operates in different styles at
different times and Council routinely assigns to one or more
councilmembers the responsibility for a specific issue. For
example, he said that Anderson and he were assigned to
investigate the Purgatory Creek Wetlands issue, Pidcock was
assigned to represent the Council on the Southwest Area Metro
Transit Commission, and Tenpas and Harris were given the
assignment to evaluate the City Manager performance. In a more
structured system, these assignments would be given to the
staff. He said he believed the model to be followed by Council
was more collegial, more constructive, and gave support to the
staff.
Harris said she saw a real difference between assignments given
by Council to individual members and individual initiatives
outside of those discussed and delegated by Council.
Tenpas said that the specific issue being discussed was the
review of the City Manager. He said he had some concerns that
he wanted to present to the entire Council before the review
took place. He decided to not call each member at home, but
rather have a meeting to discuss his concerns in an effort to
keep all councilmembers informed of what he believed was
happening in the community. It was also his intent to be open
and honest with the City Manager.
Pidcock said she believed that when actions by any one of the
councilmembers interfered with the morale and the operation of
the staff, it was a serious matter. She said she believed the
City had an excellent staff and when reprimanding was
necessary, the manager had done it. She believed the Council
should be careful to stay within the policy issues and not be
involved in management.
Eden Prairie
11
December 3, 1991
City Council Minutes
Unapproved
Anderson said that in the past the city manager's evaluation had
always been done with the full Council and the mayor, after
which it had been turned over to the manager and discussed
with him. He was upset that this had not happened this year.
He said that he had heard that the mayor had asked the city
manager to resign without the authorization of the full Council.
Furthermore, the mayor had not discussed the evaluation with
Councilmember Harris. He believed the mayor's actions were
inappropriate and not within the duties of a mayor.
Tenpas said that he believed it was appropriate to meet with
the city manager to tell him what he planned to present in a
meeting that was supposed to have been held at 6:00 PM on
December 3, 1991. He believed the conversation was a healthy
one. He said he had not asked the city manager to resign.
Harris said she believed an action had been taken that involved
actions and/or options that had not been discussed with the
Council. She believed that discussion should have preceded a
meeting with the city manager.
Tenpas said that he believed this discussion should have been
held in private. Anderson said he disagreed because Tenpas had
taken the action on his own initiative without direction from
Council. Harris said that she wanted the press and the public
to know that her evaluation of Jullie on a Scale of 1-5, 5 being
excellent, was over 4. Anderson and Pidcock commented that
their evaluations were very similar.
Jessen said that he believed the press should not be present for
a city manager evaluation meeting, and the meeting should have
been held at 6:00 PM. He believed the manner in which the
issue had been brought up was very poor.
Harris believed there was a larger issue which was the taking of
unilateral actions. She stressed that the role of the Council was
to establish policy and the role of the city manager was to carry
out that policy.
Anderson added that he believed that Council had not given the
city manager or City staff good direction in 1991.
Eden Prairie 12
December 3, 1991
City Council Minutes Unapproved
2. Snow Plowing
Anderson said he knew that residents of the City had been
frustrated with snow plows depositing snow in driveways that
the property owner had already cleared. He said he believed it
would help if the City policy on snow plowing were published in
the newspapers so the residents would understand the
procedures and would therefore know what to expect after a
snowfall. Dietz said he would prepare such an item for the
newspapers.
3. FireFighters Relief Association
Tenpas said that the FireFighters Relief Association would like
the Council to look at the long-term pension program of the
volunteer Fire Department as it related to amounts paid and total
years for vesting. There was some concern in the volunteer
Fire Department that it had become more difficult to recruit
people and to keep them for any length of time. Tenpas would
like staff to do some preliminary work on the problem and bring
it before Council for further discussion. Tenpas said this would
probably effect the 1993 budget at the earliest because of the
amount of planning that would be involved to obtain appropriate
legislation.
4. Traffic Signal at Prairie Center Drive and Singletree Lane
Tenpas asked if there was a way to get a signal light at this
location with TIF funds as the Wal-Mart Store would be
constructed and operating quite soon. Dietz said that at the
December 17, 1991 Council meeting, the TIF improvement projects
would be summarized and authorization requested to hire a
consultant at that point.
5. Charity Event
Tenpas said he would like to do something to help needy people
in need in the community, and he would like to suggest a
charity basketball game between City Staff, Council, and School
Board to raise money specifically for PROP. He requested staff
to wo ,k on a recommendation for this project. Council agreed
with this suggestion.
6. Street Light on Harmony Place
Pidcock stated that one of the street lights in this area had
been knocked down and she asked whether or not arrangements
for repair had been made. Dietz said that Northern States Power
was responsible for the repairs and had been contacted on this
matter.
Eden Prairie 13
December 3, 1991
City Council Minutes Unapproved
B. REPORT OF CITY MANAGER
1. Radio Tower Replacement
Jullie said bids were opened on November 21, 1991 for
replacement of the radio tower at the police station. Only one
bid had been received, which was considerably over the estimate
made last year. There had also been a lengthy review process
by the Federal Aviation Administration which specified the height
of the tower. There was a very narrow construction window and
it was important to begin construction very soon. Jullie said
there were funding transfers that could be made to accomplish
this construction. He requested the Council authorize an
agreement with Tim's Tower Service in the amount not to exceed
$96,359 as well as authorizing the transfer of funds to
accomplish the funding of the project.
MOTION
Jessen moved to authorize the transfer of funds and contract
with Tim's Tower Service to build the new radio tower at the
police station in the amount not to exceed $96,359. Seconded by
Harris. Motion approved 5-0.
2. Discussion of General Fund Budget
Jullie called Council attention to the memorandum of November 29,
1991 outlining the capital outlays that were proposed in the 1992
budget. He also called attention to Dietz's memo of November 29,
1991 presenting the estimated costs related to two trail
constructions: One along County Road 4 for approximately
$140,000; and the second was the County Road 1 trail at a cost
of approximately $225,000. Also included was a memo from
Lambert which included a letter from Deborah Campbell-Potter,
Chair of the Historical and Cultural Commission, requesting an
increase in the historical interpreter's hours which would be
approximately a $7,000 increase. He spoke about the additional
information relating to the proposed 1992 employees salary
program as well as budget items with health and life insurance.
Jullie said that in applying the potential salary administration
program to the budget, he believed that the amount for benefits
could he reduced by approximately $50,000 from the amount that
had been proposed. Another item for scrutiny was the liquor
enterprise profits and Jullie called attention to a memo of
December 3, 1991 relating to the potential availability of an
additional $175,000 that should be available from liquor
operations in 1992. He reminded Council that the budget must
be approved by December 20, 1991.
•-)
"
Eden Prairie
14
December 3, 1991
City Council Minutes
Unapproved
Jessen said that he believed a 10.3% tax rate increase was
difficult to justify at the present time. He said that he believed
a 4% salary adjustment was high based on wage settlements in
the market place. He also suggested that the Council consider
carefully the cost of health benefits as health insurance
premiums had risen 22% in the past year and were expected to
rise at a similar rate next year.
Natalie Swaggert, Director of Human Resources and Community
Services, said that over the past four years, the City had
transferred more and more of the health care cost to the
employees. Currently the City was paying 66% of the health
insurance premiums, with the employee paying 34%. The
industry norm was 67% paid by the employer.
Anderson asked if the employees had ever been surveyed to find
out if they would rather take the increase in health care
benefits or on the paycheck. Swaggert said no such survey had
been done to date.
Tenpas said he believed the City it was necessary for the City
to look at ways to decrease spending in this time of recession.
3. Discussion of Enterprise Funds Budget
Jullie said this was the sewer and water fund program, the bulk
of which was for the operation of the water plant. On the sewer
fund the major billing was from the Metropolitan Waste Control
Commission, and customer rates were based on water
consumption. The liquor operations were also included in this
budget.
Tenpas asked what the status was of the third liquor store.
Jullie said that the Prairieview Center location had been
recommended by a consultant but the decision had been made to
delay a decision because of the Highway 5/212 project. Also,
there was not an appropriate facility available at the present
time in the Prairieview Center. Another viable alternative could
be the location near the new Cub Foods store.
John Frane, Finance Director, said the Prairie Village Mall store
had a 31% increase in sales this past year, and the Preserve
Village Mall had had a 20% increase in sales.
Tenpas said he would like Council to discuss maximizing profits
from the liquor sales.
Eden Prairie
15
December 3, 1991 City Council Minutes
Unapproved
C. Report of Director of Public Works
1. hward Contract for Purchase of Sewer Jetter
Dietz said this item was included $87,000 in the proposed 1992
budget. However, because delivery of the sewer jetter takes six
months, he was requesting that Council authorize award of the
contract to Flexible Pipe Tool Company in the amount of $72,471.
MOTION
Harris moved to approve Resolution No. 91-261 awarding the
contract for a sewer jetter to Flexible Pipe Tool Company.
Seconded by Pidcock. Motion approved 5-0.
2. Contract for Purchase of Eaton Building for Public Works Facility
Pauly called Council attention to the Purchase Agreement for
Building No. 3 from the Eaton Corporation which included seven
acres of land and certain easements for drainage and sprinkling,
for a price of $1,037,500. This amount would be paid in cash at
the closing. He said Eaton would like to close in 1991 if
possible. Pauly said a copy of the environmental review from
Eaton Corporation had been received and Eaton Corporation had
agreed to provide the City with an indemnity agreement. The
agreement stated that if there were any hazardous substances on
the property which the City purchased, Eaton would indemnify
the City against any liability for those substances as well as the
cost of any defense. The same indemnification would apply to
the property being retained by Eaton Corporation.
Deitz said the building was 66,000 square feet and he believed it
met the needs for maintenance equipment and the central location
was a very good one. He said the proposal was to purchase the
building by making a loan from the Utility Reserve Fund and
repay it as the current facility was sold to MnDOT for the
Highway 212 project. He said this was the only mechanism
available to finance the purchase. The old facility, excluding the
fire station portion, had an estimated value of $3 million.
MOTION
Jessen moved to approve the purchase agreement with the Eaton
Corporation for Building No. 3 for use as a public works facility,
with funding to come from an internal loan from the Utility
Reserve Fund. Seconded by Harris. Motion approved 5-0.
Eden Prairie 16
December 3, 1991
City Council Minutes Unapproved
3. Proposal from Summit Environmental Engineering & Consulting,
I_npA
Dietz said that Linda Fisher from the Larkin Hoffman law firm
had reviewed the data in the files regarding the fill areas near
wetlands along Prairie Center Drive. She had proposed adding
another consultant to come to a conclusion about how much
wetlands had been filled from the City's perspective, rather than
allowing the Corps of Engineers to make the determination. He
called Council attention to a proposal from Summit Environmental
Engineering and Consulting, Inc. which would provide the
services which Ms. Fisher believed to be necessary. The
services would be charged on an hourly basis, with the top cost
expected to be approximately $8,500.
MOTION
Pidock moved to retain Summit Environmental Engineering and
Consulting, Inc. as recommended by staff. Seconded by
Anderson. Motion approved 5-0.
XI. OTHER BUSINESS
XII. ADJOURNMENT
MOTION
Pidcock moved, seconded by Anderson, to adjourn at 11:00 PM. Motion
approved 5-0.
2
CITY OF EDEN PRAIRIE
Meeting Notes
City Council/Staff Workshop
December 9, 1991
The City Council and its staff met at the Spring Hill Conference Center in
Orono for Part III of the series of "Challenges of Governing and Managing
a City" workshops. The sessions began at 6:30 p.m. All Councilmembers and
management staff were present. John Drozdal of The Drozdal Company led the
session.
I. Senatorial Election
The City Manager asked to gain a sense of the Council regarding the
upcoming special elections to fill the legislative seat being vacated
by State Senator Don Storm. Given the likelihood of low voter turnout
and the fact that many of the City's polling locations would be
unavailable due to previous commitments, it would be desirable to
consolidate the number of polling places -- perhaps having only one,
at the City Offices. The City Manager noted that a notice of the
December 21 primary and January 4 general elections would be mailed
and would also specify polling places. Staff will need to explore
whether the State of Minnesota would allow such a change in polling
locations.
Councilmember Harris said that she had no problem with the idea of
only one polling place provided that there is prior notice given to
voters. All other Councilmembers agreed.
II. Workshop Session
The focus of this meeting was to define the "Eden Prairie Team", how
to make it effective, and what issues needed to be tackled in the near
future. In small group sessions, participants evaluated the
effectiveness of the team (defined as all of the Councilmembers and
management staff present), and generally agreed that they were
performing below average as a team. In order to perform better,
participants believed they needed to "develop a game plan from the
same playbook."
After identfying a number of strategic issues, the group decided to
focus on three areas and work through them together:
1) Define what issues are policies, to make distinctions between
policy and management issues, and define a process to address
matters when these distinctions are not very clear.
2) Relationships among team members.
3) Determine desired service levels, their financial implications,
and the performance standards associated with them.
The staff was to assemble all of the City's policies and have them
compiled for the next workshop session. This session was scheduled
to occur on January 27, 1992.
The workshop concluded at 10:10 p.m.
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
December 17, 1991
1991 Licenses
CONTRACTOR (I & 2 FAMILY)
Keith Anderson Construction
Dahle Bros. Construction
Kingsview Builders, Inc.
1992 Licenses
ON SALE LIQUOR & SUNDAY LIQUOR
Applebee's Neighborhood Bar & Grill
Bent Creek Golf Club
Chi-Chi's Mexican Restaurante
Ciatti's, Inc.
Great Mandarin Restaurant
The Green Mill Restaurant
Green Streets of Eden Prairie
Half Time Restaurant & Sports Bar
Kabuki Restaurant
Courtyard by Marriott
Olympic Hills Corporation
Stars Restaurant
Welsh-Sierra Limited Partnershin-
(subject to approval by the
Police Dept.)
CIGARETTE
Brooks Sunerette
Eden Prairie 66
Jerry's lew Market
Lion's Tao
Courtyard by Marriott
Rainbow Foods
Superamerica #4159-44441-4269
Tom Thumb (Columbine Road)
Tom numb (Dell Road)
PLUMBING
Joyce Plumbing, Inc.
Mac Donald Plumbing Co.
SEPTIC SYSTEMS
Rich & Ron Olson Construction
ON SALE WINE & STRONG BEER
Beijing Chinese Restaurant
Davanni's Pizza
Detello's Pizza & Pasta
Lunds Deli Style Restaurant
Mr. Q's Vietnamese Cuisine
Somerset's Family Restaurant
3.2 BEER ON SALE
Beijing Chinese Restaurant
Cedar Hills Golf Park
Davanni's Pizza
Detello's Pizza & Pasta
Lion's Tap
Lunds Deli Style Restaurant
Pizza Hut, Inc.
Mr. Q's Vietnamese Cuisine
Signature Beef & Gill
Somersets Family Restaurant
Saomai Inn
3.2 BEER OFF SALE
Brooks Superette
Eden Prairie 66
Jerry's New Market
Lion's Tap
PDQ Food Store
Rainbow Foods
Suoeramerica #4159-4269-4441
Tom Thumb (Columbine Road)
Tom Thumb (Dell Road°
These licenses have been approved by the department heads resnonsible for the
likqe9s ed) ac tjvi ty.
Fat Solie
Licensing 2
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-266
RESOLUTION REQUESTING SPEED STUDY FOR
— SHADY OAK ROAD (CSAH 61) FROM
T.H. 62 CROSSTOWN TO T.H. 212
WHEREAS, CSAH 61 in Eden Prairie was designed and constructed at a time when the
entire area was rural in character; - - - -
WHEREAS, the rapid growth in Eden Prairie has resulted in a major transformation of
the land uses along CSAH 61 to urban uses;
- — - - - - - - -----
WHEREAS, the posted speed limit for the roadway has remained unchanged throughout
this urbanization process. '
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the
Hennepin County Department of Transportation is hereby requested to initiate appropriate
safety and speed studies for CSAH 61 between T.H. 62 Crosstown and T.H. 212 with
the specific intent of lowering the speed limit to an urbanized standard.
ADOPTED by the Eden Prairie City Council on December 17, 1991.
Douglas B. Tenpas, Mayor .
ATTEST: SEAL
John D. Franc, Clerk
Th-
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-265
A RESOLUTION APPROVING FINAL PLAT OF
BELL OAKS FOURTH ADDITION
WHEREAS, the plat of Bell Oaks Fourth 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 Bell Oaks Fourth Addition is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated
December 9, 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 December 17, 1991
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Franc, Clerk
MEMORANDUM
TO: Mayor and City Councilmembers
THROUGH: Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technician
DATE: December 9, 1991
SUBJECT: Final Plat for Bell Oaks Fourth Addition
PROPOSAL: The Developers, Bell Oaks Company, have requested City Council approval of
the final plat of Bell Oaks Fourth Addition. Located north of Riverview Road and west
of Gantry Way, the plat contains 6.54 acres to be divided into six single family lots and
two outlots. Oudot A and B contain 0.94 and 3.43 acres respectively. Ownership of
Outlots A and B will be retained by the developers for future development purposes.
This proposal is a replat of Outlot B, Bell Oaks Third Addition.
HISTORY: The Preliminary plat was approved by the City Council January 19, 1988, per
Resolution No. 88-16.
Second Reading of Ordinance No. 8-88-PUD-1-88, changing zoning from Rural to R1-
13.5, was finally read and approved at the City Council meeting held April 5, 1988.
The Developer's Agreement referred to within this report was executed April 5, 1988.
VARIANCES: Variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS: All municipal utilities, roadways, and walkways have been
installed throughout this project and are available to serve these additional lots.
PARK DEDICATION: The requirements for park dedication are referred to within the
Developer's Agreement.
RECOMMENDATION: Recommend approval of the final plat of Bell Oaks Fourth Addition
subject to the requirements of this report, the Developer's Agreement and the following:
I. Receipt of engineering fee in the amount of $250.00.
JJ:ssa
cc: Bell Oaks Company
Orr-Schelen Mayerson & Assoc.
,2 n
CHANGE ORDER #2
Date:
To:
City Improvement Contract 11:
Project Name:
Contractor:
Engineer:
11-20-91
City of Eden Prairie
52-224, 52-223, 52-199
Bluffs West 9th Addition, Bluffs East
8th, Bluestem Ridge, Hawk High Ridge
Richard Knutson, Inc.
Hansen Thorp Pellinen Olson Inc.
The following work is hereby requested to be performed under this
contract:
Bluffs West 9th I.C. 52-224
1. Remove 2 1/2' - 3' of silty material from Wild Heron Point at west
cul-de-sac to provide a solid sub grade.
2. Haul in additional sand to fill in cul-de-sac on Wild Heron Point
and fill in street to proper sub grade elevation due to compaction.
********************************* ***** ***********************
Hawk High Ridge I.C. 52-199
1. Haul in additional sand to fill Wild Heron Point and Hawk High
Ridge to subgrade elevation due to compaction.
*************************************************************
Bluestem Ridge I.C. 52-199
1. Haul in additional sand to fill Wild Heron Point to subgrade
elevation due to compaction.
The following cost adjustments are applied to the contract cost:
Increases:
Bluffs West 9th I.C. 52-224
1. Add labor and material costs $ 1,076.50
2. Add labor and material costs $ 6,040.00
Total Increases: $ 7,116.50
*************************************************************
213-a
Hawk High Ridge I.C. 52-199
1. Add labor and material costs $ 1,708.00
Total Increase: $ 1,708.00
***** ***** ***************************************************
Bluestem Ridge I.C. 52-199
1. Add labor and material costs $ 220.00
Total Increase: $ 220.00
*************************************************************
*************************************************************
Net total of changes:
Summary of Contract Changes:
Contract Amount prior to Change Order #1
Net Increase resulting from Change Order #1
Net Increase resulting from Change Order #2
Current Contract Amount including Change
Order #1 and #2
$ 9,044.50
$ 295,493.80
54,101.95
9,044.50
$ 358,640.25
THE ABOVE CHANGES ARE APPROVED:
Hansen Thorp Pellinen Olson Inc.
By 7.7.7,7e4/(e)i-e4<%2.-----------
City of Eden Prairie
By
Date /// 47
Date
THE ABOVE CHANGES ARE ACCEPTED:
Richard Knutson
Date /)- ;77- 7/
2A5P
MEMORANDUM
TC: Parks, Recreation and Nal_iral Resource
s
C
o
m
m
i
s
s
i
o
n
TPROUGH: Bob Lambert, Director of 'ark
s
,
R
e
c
r
e
a
t
i
o
n
a
n
d
N
a
t
u
r
a
l
Resources
FROM:
Dave Black, Community Center Operation
s
S
u
p
e
r
v
i
s
o
r
DATE: November 12, 1991
SUBJECT: Facility Use Contracts for Com
m
u
n
i
t
y
C
e
n
t
e
r
Over the past several months, staff
h
a
s
b
e
e
n
r
e
v
i
e
w
i
n
g
a
n
d
discussing the facility use procedures
f
o
r
t
h
e
C
o
m
m
u
n
i
t
y
C
e
n
t
e
r
.
Staff has determined that there is a nee
d
t
o
e
s
t
a
b
l
i
s
h
a
F
a
c
i
l
i
t
y
Use Contract for Community Center use
r
g
r
o
u
p
s
.
S
t
a
f
f
d
e
v
e
l
o
p
e
d
a
"rough draft" contract and submitted t
h
e
c
o
n
t
r
a
c
t
t
o
t
h
e
C
i
t
y
'
s
Attorneys Office for document input an
d
r
e
v
i
s
i
o
n
s
.
A
t
t
a
c
h
e
d
f
o
r
your review is the revised contract.
contract Purpose
The purpose of a contract for user gro
u
p
s
a
t
t
h
e
C
o
m
m
u
n
i
t
y
C
e
n
t
e
r
is to guarantee the rights, limitatio
n
s
a
n
d
o
b
l
i
g
a
t
i
o
n
s
o
f
b
o
t
h
the user group and the City in a for
m
a
l
w
r
i
t
t
e
n
a
g
r
e
e
m
e
n
t
.
I
t
will also serve as a formal tool to in
s
u
r
e
t
h
a
t
p
r
o
p
e
r
s
c
h
e
d
u
l
i
n
g
and billing/payment procedures are foll
o
w
e
d
.
Main User Groups
Hockey Association of Eden Prairie (Ska
t
i
n
g
)
Eden Prairie Figure Skating Club (Skati
n
g
)
Foxjet Swim Club (Swimming)
Eden Prairie High School (Varsity -
S
w
i
m
m
i
n
g
,
H
o
c
k
e
y
,
P
h
y
-Ed classes)
Other Potential User Groups
Over night groups
Hockey Schools/Clinics
Background
In the past, main user groups (as des
c
r
i
b
e
d
a
b
o
v
e
)
h
a
v
e
r
e
n
t
e
d
facilities by gentleman agreement.
S
t
a
f
f
h
a
s
h
a
d
r
e
l
a
t
i
v
e
l
y
decent success in managing activities
,
s
c
h
e
d
u
l
e
s
a
n
d
p
a
y
m
e
n
t
s
.
Staff has recently witnessed variations
f
r
o
m
s
c
h
e
d
u
l
e
o
r
p
a
y
m
e
n
t
,
which makes the need for a formal agreem
e
n
t
e
v
i
d
e
n
t
.
A copy of the contract was given to eac
h
o
f
t
h
e
m
a
i
n
u
s
e
r
g
r
o
u
p
s
to review and discuss with staff prior
t
o
t
h
e
N
o
v
e
m
b
e
r
l
e
,
1
9
9
1
Parks, Recreation and Natural Resources
C
o
m
m
i
s
s
i
o
n
m
e
e
t
i
n
g
.
2-7'10
Facility Use Contracts for Community Cen
t
e
r
November 12, 1991
Page 2
Recommendations
Staff recommends that the contracts be
a
c
c
e
p
t
e
d
a
n
d
i
m
p
l
e
m
e
n
t
e
d
on January 1, 1992. Staff also recomme
n
d
s
t
h
a
t
t
h
e
t
e
r
m
o
f
t
h
e
contract be for one year and be renewab
l
e
e
a
c
h
y
e
a
r
.
T
h
e
a
c
t
u
a
l
use schedule will be written as an attac
h
m
e
n
t
p
a
g
e
a
g
r
e
e
d
u
p
o
n
b
y
user group and staff.
cc: Laurie Melling, Manager of Recreati
o
n
S
e
r
v
i
c
e
s
Attachments: Cover Letters to Main User
G
r
o
u
p
s
Contract
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, hereinafter referred to as the "City", and
, hereinafter referred to as the "User", for the use of a par
t
of the Eden Prairie Community Center, hereinafter referred as the "Community Center", located
at 16700 Valley View Road, Eden Prairie, Minnesota.
WHEREAS, the User requests to use a part of the City's Community Center for a fee
and agrees to assume certain liability as set forth herein; and
WHEREAS, the City desires to allow the User the use of its Community Center pursuant
to the provisions set forth in this agreement; and
NOW, THEREFORE, in consideration of the mutual promises 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. Fees
The User shall pay the hourly use fee as set forth on Schedule A which is attached hereto
and incorporated herein by reference. Schedule A is subject to change by the Eden Prairie City
Council. If a change to Schedule A affects the User, the User shall receive an updated Schedule
A sent by certified mail, return receipt requested to:
1
or by hand delivery to (the individuals named in this
paragraph are authorized to accept delivery on behalf of the User). If the User rejects Schedule
A in writing within thirty (30) days of the receipt of the new Schedule A, this agreement shall
be terminated. If the City does not receive a written notice from the User within the thirty (30)
day period, the User shall be deemed to accept the new Schedule A and it shall become a part
of this agreement by reference as though more fully set forth herein.
3. Definition of Use Time
"Use Time" begins and ends in accordance with the schedule in Paragraph 4 or as agreed
to in writing as an addendum to this agreement. Any equipment set up or take down must be
completed within the designated "Use Time." If the User occupies the area before or after the
scheduled "Use Time", the User will be charged an additional amount in accordance with
Schedule A. During "Use Time", the User has full control and shall be completely responsible
for that portion of the Community Center rented and any individual associated with the User's
activity.
4. 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:
ICE RINK. Indoor 200' x 85' Ice Rink in a resurfaced condition at the
beginning of "Use Time" including hockey markings, boards and glass, hockey
nets, players benches, penalty boxes, bleachers for spectators, public address
2
system, arena sound system, scoreboard and scoring equipment and use o(4 team
locker rooms located in the Ice Arena.
Date(s)reserved:
Time(s) reserved:
INDOOR SWIMMING POOL The indoor swimming pool features 8 Imes of
25 yards, or 6 lanes of 25 meters, a diving area with spring board, bleaeler area,
lane line equipment, starting platform equipment, time clock and non exclusive
use of adjoining mens and womens locker rooms.
Date(s) reserved:
Portion of Swimming Pool reserved:
Time(s) reserved:
INDOOR RACQUETBALL COURTS. The indoor racquetball courtsHave up
to and including three courts, complete with wallyball net set-up as requisted.
Date(s) reserved .
Number of Courts reserved:
Time(s) reserved .
3
1-c
INDOOR MEETING ROOMS. The meetings rooms have up to and including
3 areas where meetings, birthday parries and similar functions can be held, serving
up to approximately 50 people each location. The meeting rooms are described
as Meeting Room C, Meeting Room B, and Upper Lobby Area, and include use
of existing banquet tables and chairs. Available for rent per Schedule A are the
following: 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 must be
presented to the City in writing at least 7 days (28 days for swimming pool use) prior to the
variation or cancellation and agreed upon in writing between User and the city as an addendum
to this agreement.
5. Damage Deposit
The City retains the right to require a damage deposit. The damage deposit for this User
4
shall be . Should there be damage caused to the Community Center or associated
grounds by any individual associated with the User's activity, the City, at its discretion, may
deduct from the damage deposit or collect from the User or the User's insurance, the sum that
is necessary to restore the premises to its present condition. In cases where the damage deposit
is insufficient to cover the damage, the User will reimburse the City for any additional amount
incurred in excess of the damage deposit within 15 days after receiving an invoice from the City
for the amount. Upon completion of this agreement, any unused damage deposit will be returned
to the User.
The City reserves the right to waive a damage deposit for Eden Prairie High School
activities or Eden Prairie Athletic Associations. However, the waiving of the damage deposit
does not exempt Eden Prairie High School or Eden Prairie Athletic Associations from being
responsible for any damages caused to the Community Center. Eden Prairie High School and/or
Eden Prairie Athletic Associations are still responsible for any damages caused to the Community
Center or associated grounds by any individuals associated with the User's activity. Eden Prairie
High School and Eden Prairie Athletic Associations will reimburse the City within 15 days after
receiving an invoice from the City for the amount necessary to restore the premises to its present
condition.
6. Removal of User's Personal Property. The City reserves the right to remove
from the Community Center all personal property of any individual associated with the User's
activity after the expiration of the term of this agreement as set forth in paragraph number I
above, or to store the item at User's expense after serving written notification requesting the User
to remove their personal property by a reasonable date.
5
t'dl 2,1
7. Indemnification. Any and all claims that arise or may arise against the User, its
agents, servants or employees as a consequence of any negligent or willful act or omission on
the part of the User or its agents, servants or employees while on Community Center property
or in the Community Center's parking lot arising out of or associated with the User's activities
shall not 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 negligent or willful act or omission of any individual associated with the User's activity.
8. Insurance. The User shall, at User's expense, procure and maintain policies of
insurance covering the term of this contract 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
insurance is not a limitation upon or in satisfaction of the indemnity provisions herein.
The User will provide the City, within twenty (20) days after execution of this agnement,
but no later than five (5) days prior to the date of commencement of the terms of the agreement,
a Certificate of Insurance providing insurance 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 iia:ludes
Premises - Operations, personal liability and contractual liability with a minimum of $1 million
each occurrence for bodily injury and property damage.
6
fl
Existence of the insurance required herein shall be established by the User furnishing to
the City a Certificate of Insurance executed by an authorized representative of the insurer,
certifying to the insurance 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. The
Certificate of Insurance shall be examined by the City and final approval given to the User. The
Certificate 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 contact and policies of insurance required herein. Neither the City's balure to
require or insist upon certificates or evidence of insurance, nor the City's acceptance of a
certificate or other evidence of insurance showing a variance from the specified coverageichnges
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 comply with the insurance requirements as stated above.
If the User does not provide the specified insurance, then the User, in additisn to the
requirements of paragraph 7 herein, will defend, indemnify and hold harmless the Chit 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 docunent and
applicable limits of law.
9. 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 lotatie User
shall be completely responsible for all coaching, supervision and safety neasures
7
59i
in conjunction with utilizing the Community Center for the User's activities.
B. The User, its members, agents or invitees shall be prohibited from parking in the
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. All individuals associated with the User's activity shall abide by all rules and
regulations which are adopted by the City for the management of the Community
Center, which notice has been given in writing or which are posted at the
Community Center.
E. 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 any unused
deposit money as set forth in this document.
F. 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 be
suspended and User waives any claim for damages or compensation should this
agreement be so suspended.
10. Concessions/Novelties
The City has the sole right to operate and sell concession products at its discretion and
retain all proceeds from such sales. The User may provide a hospitality refreshment stand at no
charge to the public during the term of this 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
the approval of the City and retain all proceeds from the sales. User group may bring in food
8
or refreshments for their group to consume during "Use Time", in designated areas, with the
approval of the City as an addendum to this agreement.
11. Final Payment
The total charges for rental use per hour will be based on Schedule A. Except for Eden
Prairie High School and Eden Prairie Athletic Associations, final payment is due before User
group begins said activities as described herein. City will provide User with an exact breakdown
of rental charges and receipt for payment following rates on Schedule A.
Eden Prairie High School and Eden Prairie Athletic Associations will be billed on a
monthly basis. A monthly billing statement will be sent to Eden Prairie High School 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 30th of the month.
If the City does not receive full payment by the 30th of the month, the City will then begin
charging interest on the balance at 8%, and if payment is not received by the 15th day of the next
month, the User will be barred from further use of the facilities until payment is received, or a
payment schedule negotiated.
12. 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 charged as provided herein.
13. Effective Termination
9
ify;liko
Termination of this contact 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 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.
14. Governina 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.
15. Modification
Any alterations, variations, modifications, or waivers of any provision of this contract
shall only be valid if in writing and signed by authorized representatives of the City and the User.
16. Severabilitv
The provisions of this contract shall be deemed severable. If any provision of this
contact is rendered void, invalid or unenforceable, such rendering shall not affect the validity
and enforceability of the remainder.
10
',1601
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 User
Print Name: Print Name:
Sign - Sign:
Title: Title:
By By
Title: Title:
11
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
User is an individual
This instrument was acknowledged before me on , 19_, by
who, being duly sworn, represents and warrants that he/she/they is/are
authorized by law to execute this agreement, intending to be legally bound thereon.
Notary Public
User is corporation/organization
This instrument was acknowledged before rue on the 19_, by
(title) of (company name)
who being duly sworn, represents and warrants that he/she/they is/are
authorized by law and all necessary board action to execute this agreement on behalf of the
corporation/organization, intending this agreement to be a legally binding obligation of the
corporation/organization.
Notary Public
daftniscVagnanag
12
6o 3
Schedule A
Eden Prairie Community Center
Facility Rental Priority Policy
In 1981,-prior to the Community Center openi
n
g
i
t
'
s
d
o
o
r
s
,
a
policy for usage of the Community Center was es
t
a
b
l
i
s
h
e
d
b
y
t
h
e
City Council. This policy covers ice rentals,
p
o
o
l
r
e
n
t
a
l
s
a
n
d
racquetball court rental.
In June of 1982, the City adopted the following
o
r
d
e
r
o
f
p
r
i
o
r
i
t
y
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 i
n
t
e
r
e
s
t
o
r
p
r
o
f
i
t
oriented groups
f. other groups that are special interest or
p
r
o
f
i
t
o
r
i
e
n
t
e
d
,
or groups where less than 757. of the membership
i
s
f
r
o
m
E
d
e
n
Prairie
Ever since the Community Center was opened
t
h
e
r
e
h
a
v
e
b
e
e
n
several local groups requesting additional ti
m
e
i
n
c
l
u
d
i
n
g
t
h
e
Eden Prairie Hockey Association, the Eden Prair
i
e
F
i
g
u
r
e
S
k
a
t
i
n
g
Club, Eden Prairie Faxjets Swim Club, and
t
h
e
M
e
n
'
s
H
o
c
k
e
y
League. The policy that has evolved over the l
a
s
t
f
o
u
r
y
e
a
r
s
i
s
as follows:
Any local group including the Eden Prairie High
S
c
h
o
o
l
,
E
d
e
n
Prairie Hockey Association, Eden Prairie Fig
u
r
e
S
k
a
t
i
n
g
Club, Foxjet Swim Club, and the Minnesota North
S
t
a
r
s
w
i
l
l
receive priority use of the hours of rental t
i
m
e
t
h
a
t
w
a
s
purchased the previous year: however the City
a
n
d
S
c
h
o
o
l
District 272 will still have the option of sche
d
u
l
i
n
g
t
h
e
s
e
hours for their programs. Any rental that was
o
r
i
g
i
n
a
l
l
y
scheduled but then turned back to the City and not paid for
will then become available to all of the above o
r
g
a
n
i
z
a
t
i
o
n
s
on a first come first serve basis the following
y
e
a
r
.
If any of the above organizations do not reques
t
a
n
y
r
e
n
t
a
l
time that has become available, as stated ab
o
v
e
,
i
t
w
i
l
l
then become available to the general public.
In 1983, during negotiations between the City an
d
t
h
e
N
o
r
t
h
S
t
a
r
s
the City agreed to charge the North Stars a fee for non-prim
e
time ice, the same as the School District and
E
d
e
n
P
r
a
i
r
i
e
n
o
n
-
profit youth organizations; and agreed that the
N
o
r
t
h
S
t
a
r
s
w
o
u
l
d
be treated on a ice scheduling basis simila
r
t
o
a
l
o
c
a
l
n
o
n
-
profit organization.
Page 1
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: S90.00/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 847.50/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
r76C;
Schedule A - Continued
POOL RENTAL RATES:
wan
Based on $35.00/hour for
Section
5,490 total square feet.
Cost Per
Partition ar_ea,
Total
Cost
8 lanes/25 yards
Diving Well
Shallow Wing
Whole Pool
75' x 60'
4,500 sq. ft.
22' x 45'
990 sq. ft.
$3.35 per lane
N/A
$3.65 per lane
$26.80
$ 8.20
$21.90
$13.10
$35.00
6 lanes/25 meters 82' x 45'
3,690 sq. ft.
30' x 60' N/A
1,800 sq. ft.
5,490 sq. ft. see above
Swim Meets: $50.00/hour
SPECIAL POOL RATES:
(for Eden Prairie School District Physical
E
d
u
c
a
t
i
o
n
C
l
a
s
s
e
s
)
Based on: $30.00/hour for 5,490 total. square
f
e
e
t
.
•
Section
8 lanes/25 yards
Diving Well
6 lanes/25 meters
Shallow Wing
Whole Pool
Area
75' x 60'
4,500 sq. ft.
Cost Per
Partition
$2.95 per lane
Total
Cost
$23.6 0
$ 6.40
$19.50
$10.50
$W.00
22' x 45• N/A
990 sq. ft.
82' x 45' $3.25 per lane
3,690 sq. ft.
30' x 60' N/A
1,S00 sq. ft.
5,490 sq. ft. see above
Overnight Group Rental: $35.00 per hour use
d
p
l
u
s
6
1
/
2
7
.
s
a
l
e
s
tax (when applicable). Rate incVudes
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 requared
76 and over - 4th Lifeguard requi7.red
Page 3
)6)(1
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 Rental: 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 pong 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: Mayor and City Council
THROUGH: Carl J. Jullie, City Manager
PROM: Craig W. Dawson, Assistant to the City Manager
DATE: December 12, 1991
SUBJECT: Submittal of 1992 Recycling Grant Application
Hennepin County's recycling grant program will fund up to 80
percent of the City's costs for recycling activities. The County
requires that the City Council adopt a -resolution for formal
submittal of the grant application.
Staff has prepared the grant application. Staff estimates that
3350 tons of source-separated residential recyclables eligible for
County funding will be collected. This total represents 19 percent
of the residential waste stream. In 1991, around 3100 tons of
these recyclables will be collected. The increase in 1992 will
occur primarily from the full-year addition of multi-family
dwellings to the recycling program and increased participation
generally.
Anticipated expenses for the City's 1992 program are $38,000.
Hennepin County would reimburse the City $32,400. Most of the
expenses occur from the contract for the Goodwill recycling trailer
and public information mailings which the Waste management
Commission may make.
RECOMMENDATION: It is recommended that the City Council adopt
Resolution No. 91-268 for Hennepin County's
Recycling grant program.
: bum; res92
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-268
A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR THE 1992 HENNEPIN
COUNTY MUNICIPAL SOURCE-SEPARATED RECYCLABLES GRANT PROGRAM
WHEREAS, pursuant to Minnesota Statute 115A.551, by December 31, 1993,
each county in the metropolitan area will have as a goal to recycle a minimum
of 35 percent by weight of total solid waste generation, and each county must
develop and implement or require political subdivisions within the county to
develop and implement programs, practices, or methods designed to meet its
recycling goal; and
WHEREAS, pursuant to Minnesota Statute 115A.552, counties must ensure
that residents have an opportunity to recycle; and
WHEREAS, Hennepin County Ordinance 13 requires each city to implement a
recycling program to enable the County to meet its recycling goals; and
WHEREAS, the County has adopted a Hennepin County Funding Assistance
Policy for Source-Separated Recyclables to distribute funds to cities for the
development and implementation of waste reduction and recycling programs; and
WHEREAS, to be eligible to receive these County funds, cities must meet
the conditions set forth in the "funding policy"; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the
submittal of the 1992 Hennepin County Grant Application for Municipal Source-
Separated Recyclables; and
BE IT FURTHER RESOLVED, that as a condition to receive funds under the
Hennepin County Funding Assistance Policy the City agrees to implement
recycling programs as committed to by its submission of the 1992 Hennepin
County Recycling Grant Application.
ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL this 17th day of December 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN
City of Eden Prairie,
Plaintiff,
VS.
Michael B. Levi; Susan J. Levi;
and Household Industrial Finance
Company, a Minnesota Corporation,
Defendants.
FOURTH JUDICIAL DISTRICT
FINDINGS OF FACT,
CONCLUSIONS AND ORDER
TO: Michael B. Levi and Susan J. Levi, and Household
Industrial Finance Company.
The Council of the City of Eden Prairie makes the following
Findings of Fact, Conclusions and Order ("Order"):
1. This Order is made pursuant to M.S. 1463.15-463.21.
2. Michael B. Levi and Susan J. Levi, husband and wife, are
the owners of property situated in the County of Hennepin, State of
Minnesota, legally described as follows:
Lot 7, Block 1, Olympic Hills Fourth Addition,
according to the plat thereof on file or of
record in the office of the Registrar of
Titles, Certificate No. 664166,
subject to utility and drainage easements as shown on the plat (the
"Property").
3. Household Industrial Finance Company is the holder of a
mortgage on the Property filed January 6, 1990 in the office of the
Registrar of Titles, Hennepin County, Minnesota, as Document No.
2066570.
4. The building located on the Property suffered substantial
2£ t o
structural damage as the result of a fire that occurred on march 2,
1991.
5. The building has been vacant since the fire.
6. The damaged building on the Property constitutes a
hazardous condition of a parcel of real estate within the meaning
of M.S. §463.161 for the following reasons:
a. The fire damaged structural members of the building
to such an extent that they are no longer of
capable of supporting all of the applied loads and
are in danger of collapse;
b. Approximately half of the roof on the house and the
majority of the garage roof are currently subject
to failure;
c. A portion of the roof over the stoop has failed;
d. The second floor on the north side and portions of
the east and west walls are no longer plumb and are
failing;
e. In addition to the visible damage, missing portions
of the roof have exposed the unprotected interior
to the elements. This exposure will subject the
interior of the building to further deterioration
and decay.
ORDER
7. It is ordered that the hazardous condition on the Property
be corrected by demolition of the damaged building located on the
Property not later than 20 days from the date of service of a copy
of this Order upon each of you.
as..4
8. A motion for summary enforcement of this Order will be
made to the District Court, Hennepin County, unless the corrective
action is taken or unless an Answer is filed within 20 days of the
date of service of a copy hereof in accordance with M.S. f463.18.
BY ORDER OF THE COUNCIL OF THE
CITY OF EDEN PRAIRIE
CITY OF EDEN PRAIRIE
By
Douglas B. Tenpas, Its Mayor
By
Carl J. Jullie, Its Manager
LANG, PAULY & GREGERSON, LTD.
By
Roger A. Pauly
Attorney Register No. 84591
Barbara M. Ross
Attorney Register No. 182941
4400 IDS Center
Minneapolis, MN 55402
(612) 338-0755
JOHN E. FOX. CPA.
WILLIAM M. M<CUE. C.PA.
JOHN J. BRAND. CPA.
DAN C KIND, C.PA.
FOX. McCUE & COMPANY
CFRTIFIFD PUBLIC ACCOUNTANTS
250 PRAIRIE CENTER DRIVE
EDEN PRAIRIE, MINNESOTA 55344
FAX (612( 044-8496
December 9, 1991
EDEN PRAIRIE
(61219444166
BELLE PLAINE
16121445.6693
Mr. John Frane
Finance Director
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mr. Franc:
We are pleased to submit this proposal to serve as the independent auditors for
the City of Eden Prairie for the 1991 calendar year.
Our role as auditors not only includes the performance of sufficient audit pro-
cedures with regard to the City's financial statements in order to render an
opinion thereon, but also requires additional reporting with respect to your
Internal control structure and compliance with laws and regulations as they may
pertain to the financial statements and your federal financial assistance
programs.
The scope of the audit has heen significantly affected in recent years as a
result of changes in accounting and disclosure rules promulgated by our
accounting profession - changes that are expected to benefit persons, such as
yourself, who need to be appropriately informed of the financial position and
operations of the City.
The Single Audit Act of 1984 (federal legislation) requires recipients of
federal grant funds to coordinate their annual audit with an audit of its
federal financial assistance programs if $100,000 or more of federal funds are
received annually. Although the City normally receives less than $100,000
annually from the federal monies received indirectly through the Federal
Emergency Management Agency, Department of Justice and Department of Housing and
Urban Development, a single audit will be necessary as a result of a subrecip-
lent agreement with Hennepin County in connection with the CDBG program.
As a result of performing the City of Eden Prairie audit since 1978, our firm
has the ability to utilize personnel who are experienced with the City's person-
nel and operational characteristics, and who possess appropriate levels of
knowledge with respect to governmental entities. We continue to utilize our
knowledge of the City's operations, professional training, and audit experience
to review and revise our engagement approach in order to strive for an effi-
cient and effective audit process.
As a result of a preliminary planning meeting, it appears that the finance staff
will become more intimately involved in the accounting and reporting functions.
This would include producing the financial report in a "client submitted" format
as opposed to our firm's bound cover.
j 7.)
==;prteto0K__
J.Pirand
-2-
Based on a preliminary estimate of hours required to complete the financial and
compliance procedures and reports, we expect our charges to range from
$27,500-$29,500. / have taken into account that the finance staff will play a
more active role in the production of the actual financial statement document.
However, we expect to encounter transitional issues in assumption of increased
responsibility of your staff in the area of report preparation, disclosures and
production.
As part of the audit engagement we would be available for any meetings that you,
Carl Jullie, or the City Council might desire. We would also be available to
meet with the City Council at the completion of the audit to review the audited
financial statements, the evaluation of internal control structure, and our
financial comments letter which highlights trends and important issues in the
various funds.
Primary fieldwork is expected to be performed in April or May, with delivery of
the completed reports by June 15, 1991. Interim audit procedures (such as
compliance testing and evaluation of the internal control structure) will be
arranged in early January to ensure timeliness of the audit report issuance in
June.
We appreciate the opportunity to submit this proposal to continue serving as the
independent auditor for the City of Eden Prairie. If you have any questions or
desire further information, please contact us. We will be happy to discuss the
nature of the engagement and the degree of our qualifications.
Very truly yours,
CC: Carl Jullie
City Manager
JUI
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-264
A RESOLUTION APPROVING FINAL PLAT OF
BERNARD HAMILTON ADDITION
WHEREAS, the plat of Bernard Hamilton 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 Bernard Hamilton Addition is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated
December 5, 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 December 17, 1991
Douglas B. Tenpas, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
MEMORANDUM
TO: Mayor and City Councilmembers
THROUGH: Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technician
DATE: December 5, 1991
SUBJECT: Bernard Hamilton Addition
PROPOSAL: The owners, Bernard and Donna Hamilton, have requested City Council approval
of the final plat of Bernard Hamilton Addition, a single family residential subdivision
located at the northeast corner of Twin Lakes Crossing and Staring Lake Parkway. The
plat contains 0.98 acres to be divided into two single family lots, and right of way
dedication for Twin Lakes Crossing. Lot 1 is a vacant parcel and intended for a future
sale and Lot 2 is the existing Hamilton homestead.
HISTORY: The preliminary plat was approved by the City Council August 20, 1991 per
Resolution No. 91-187.
Second Reading of Ordinance No. 26-91, Zoning District Change from Rural to R1-13.5,
is scheduled for final reading and approval at the City Council meeting to be held
December 17, 1991.
The Developer's Agreement referred to within this report is scheduled for execution
December 17, 1991.
VARIANCES: All variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS: All streets and utilities necessary to serve this project are
currently in place and available for use.
PARK DEDICATION: The requirements for park dedication are covered in the Developer's
Agreement.
RECOMMENDATION: Recommend approval of the final plat of Bernard Hamilton Addition
subject to the requirements of this report, the Developer's Agreement, and the following:
I. Receipt of street lighting fee in the amount of $432.00
2. Receipt of engineering fee in the amount of $250.00
JJ:ssa
cc: Bernard Hamilton
Frank Cardarelle,-Cardarelle & Associates-
Hamilton Addition
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1991, by BERNARD Y. AND DONNA HAMILTON, husband and wife, hereinafter jointly referred to as "Developer," and the CITY OF
EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:"
VVITNESSETH:
WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 and
Preliminary Plat into two single family lots, all on 0.98 acre, 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 #26-91, 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 reviewed and
approved by the City Council on August 20, 1991, revised and dated August 16, 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. TWIN LAKES CROSSING RIGHT-OF-WAY: Concurrent with and as part of the final plat
for the Property, Developer agrees to dedicate to the City additional right-of-way required for
Twin Lakes Crossing. The location and amount of right-of-way shall be as determined by the
City Engineer.
4. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any
final plat for the Property, Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm
sewer, and erosion control for the Property.
Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those
improvements listed above in said plans, as approved by the City Engineer, in accordance with
Exhibit C, attached hereto.
5. LAND ALTERATION PERMIT: Prior to any construction or development on the Property,
Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a
land alteration permit for the Property.
6. SANITARY SEWER FOR LOT 2: Concurrent with utility construction on the Property,
Developer agrees to connect public sanitary sewer to the existing house on Lot 2, as depicted ir
Exhibit B, attached hereto. Concurrent with the hook-up to sanitary sewer, the existing septic
system shall be abandoned and sealed in accordance with City Code requirements.
Developer acknowledges said lot will be subject to a $7,400.00 connection fee as provided by
Chapter 3, Section 3.07 of the City Code.
7. FRONT YARD SETBACK FOR LOT I: Developer acknowledges that the minimum front
yard setback to Staring lake Parkway shall be 57 ft. for any structure to be constructed on Lot
I, as depicted in Exhibit B, in order to meet the average front yard setback for the area.
8. ACCESS FOR LOT 1: Developer agrees that Lot 1, as depicted in Exhibit B, attached hereto,
shall access Twin Lakes Crossing, only.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as
the day and year aforesaid.
OWNERS
Bernard Y. Hamilton
Donna Hamilton
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this day of , 1991, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
Y. Hamilton and Donna Hamilton, husband and wife, on their own behalf.
, 1991, by Bernard
Notary Public
Hamilton Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 26-91
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 RI-13.5 District.
SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed
from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land
in each District referred to in City Code Section 11.03, Subdivision I, Subparagraph B, shall be, and are
amended accordingly.
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby
adopted in their entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of December 17, 1991, entered into between Bernard Y. and Donna Hamilton, husband
and wife, and the City of Eden Prairie (hereinafter "Developer's Agreement").
SECTION 6. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of
August, 1991, and finally read and adopted and ordered published at a regular meeting of the City Council of
said City on the 17th day of December, 1991.
ATTEST:
John D. Franc, City Clerk
Douglas B. Tenpas, Mayor
PUBLISHED in the Eden Prairie News on the day of , 1991.
EXHIBIT A
Description:
That pan of the West 264.91 feet. as measured at right angles to the West line thereof of
Government Lot 5, Section 22, Township 116, Range 22, lying Southerly of the following
described line: Beginning at the meander corner on the West line of said Government Lot. 5;
thence running Northerly along said West line of Government Lot 5 a distance of 308.14 feet
_ to the actual point of beginning of the line to be described; thence deflecting 89 degrees 36
minutes to the right and running Easterly to a point on the East line of Said West 264.91 feet
of Government Lot 5 and there terminating, and lying Northerly of the centerline of Research
Road. in Hennepin County, Minnesota, except the Westerly 33 feet thereof and the Southerly
33 feet thereof, and except that part thereof which lies Southwesterly of the following described
line: Commencing on the West line of the above described property distant 79.98 feet South of
the Northwest corner thereof: thence Southeasterly to a point on the Southerly line of said
property distant 197.82 feet Southwesterly from the Southeast corner thereof.
Hamilton Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91405
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 26-91
AND ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 26-91 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 17th of December, 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. 26-91, 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. 26-91 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 17th of December,
1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
-
Hamilton Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 26-91
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESO
T
A
,
R
E
M
O
V
I
N
G
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACIN
G
I
T
I
N
ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAN
D
I
N
E
A
C
H
DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN
P
E
N
A
L
T
Y
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINN
E
S
O
T
A
,
O
R
D
A
I
N
S
:
Spongy; This Ordinance allows rezoning of land located at 14380 Staring Lake
Parkway from the Rural District to the R1-13.5 District, subject to the ter
m
s
a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
a developer's agreement. Exhibit A, included with this Ordinance,
g
i
v
e
s
t
h
e
f
u
l
l
l
e
g
a
l
description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane, City Clerk
/s/ Douglas B. Tenpas, Mayor
PUBLISHED in the Eden Prairie News on the day of
1991.
(A full copy of the text of this Ordinance is available from the City Cle
r
k
.
)
Braxton Pond
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 91-248
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF BRAXTON POND
FOR WESTAR PROPERTIES, INC.
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Braxton Pond for Westar Properties, Inc. dated December 13, 1991,
consisting of 3.6 acres, a copy of which is on file at the City Hall, is found to be in conformance
with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto,
and is herein approved.
ADOPTED by the Eden Prairie City Council on the 17th day of December, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
2aq
PLANNING COMMISSION MINUTES - NOVEMBER 25. 1991
B. )3RAXTON POND (91-29-2-P) by Westar Properties, Inc. Request for Zoning District
Change from Rural to R1-13.5 on 3.6 acres; and Preliminary Platting of 3.6 acres into
six single family lots and road right-of-way to be known as Braxton Pond. Location:
South and west of the terminus of existing Braxton Drive. (A public hearing)
Ron Bastyr, representing the proponent, stated that the proposal was for 6 single family
lots. The proponent concurred with the Staff recommendations.
Franzen reported that the proposed site had been guided low density for several years.
Braxton Drive would become the access to the elementary school. The proposal was in
compliance with the R1-13.5 zoning requirements. Franzen noted that the timing of the
project had to be done in conjunction with the Braxton Drive construction and Westar
Lane would be a temporary cul-de-sac. Staff recommended approval of the project
subject to the Staff recommendations.
Sandstad asked if Braxton Drive existed currently north of the proposed site. Franzen
replied that Braxton Drive would run from County Road 1 to Scenic Heights Road and
added that Braxton drive did not exist north of the site at this time.
Ruebling asked if Westar Lane aligned with School Drive. Franzen replied no. Bastyr
added that Westar Lane was approximately 500 feet to the north of School Drive.
Ruebling noted that 1 of the homes would have access directly onto Braxton Drive and
asked if there would be other in the future. Franzen replied that Braxton Drive would
be a local collector which can accommodate a limited number of driveways.
MOTION 1:
Norman moved, seconded by Hallett to close the public hearing. Motion carried 6-0-0.
MOTION 2:
Norman moved, seconded by Hallett to recommend to the City Council approval of the
request of Westar Properties, Inc., for Zoning District Change from Rural to R1-13.5 on
3.6 acres, to be known as Braxton Pond, based on plans dated November 15, 1991,
subject to the recommendations of the Staff Report dated November 22, 1991. Motion
carried 6-0-0.
MOTION 3:
Norman moved, seconded by Hallett to recommend to the City Council approval of the
request of Westar Properties, Inc., for Preliminary Plat of 3.6 acres into six (6) single
family lots and road right-of-way to be known as Braxton Pond, based on plans dated
November 15, 1991, subject to the recommendations of the Staff Report dated November
22, 1991. Motion carried 6-0-0.
1C"
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Dec. 2, 1991
-2-
V. DEVELOPMENT PROPOSALS
A. ,iraxton Pond
Refer to staff report dated November 22, 1991.
Cross reported that Braxton Pond is a single family
subdivision on 3.6 acres near Cedar Ridge Elementary
School. Minimal grading will be done on the site and
the only parks, recreation and natural resource issue
is the sidewalk system. Braxton Drive will have an
8' bituminous trail on the east side and a 5' concrete
sidewalk on the west side of the road. Westar Lane
will have a 5' concrete sidewalk on the north side of
the road.
MOTION: Lynch moved to recommend approval of Braxton
Pond per staff recommendation. Bowman seconded the
motion and it passed 5-0.
B. orence 3rd Addition
Refer to staff report dated November 22, 1991.
Peter Enable was present at the meeting to give a summary
of the proposed development which is for a two lot
subdivision on 0.87 acres at the southeast corner of
Valley View Road and flames Way.
Cross added that the City is asking the developer to
remove the dead trees on the property and dispose of
the debris.
Lambert noted that the original property owners will
subdivide the property. Their driveway is currently
going across park property, but staff recommends approval.
MOTION: Vanderploeg moved to recommend approval of Lorence
3rd Addition per staff recommendation. Kube-Harderwijk
seconded the motion and it passed 5-0.
C. Rico Marsh PUD
Refer to staff report dated November 1, 1991; memo dated
November 27, 1991 from Don Uram, Planner and memo dated
November 27, 1991 from Barb Cross, Landscape Architect.
STAFF REPORT
TO: Planning Commission
THROUGH: Chris Enger, Director of Planning
FROM: Donald R. Uram, Planner
DATE: November 22, 1991
SUBJECT: Braxton Pond
APPLICANT: Westar Properties, Inc.
FEE OWNER: Eden Prairie School District
LOCATION: South and west of the terminus of existing Braxton Drive
REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 3.6 acres.
2. Preliminary Plat of 3.6 acres into six single family lots and road
right-of-way.
OACKGROUND
This site is designated for development as
Low Density Residential. Adjacent land is
guided Low Density to the west and north,
and the Cedar Ridge Elementary School is
located to the west. This site is currently
zoned Rural.
SITE PLAN/PRELIMINARY PLAT
The site plan depicts the subdivision of 3.6
acres into six single family lots at a density
of 1.6 units per acre. The lots range in size
from 13,900 square feet to 32,800 square
feet with a 19,633 square foot average. All
of the lots meet the minimum requirements
of the R1-13.5 Zoning District.
ACCESS
Access to this site will be provided by the
extension of Braxton Drive and Westar
,
•
R1=227 71 1'
--11/
71 Li
LJ-
/ ;
• • •
HA.R.A_LOCATION MAP
•
1_1./ • f,
Lane. Westar Lane will provide access to the adjacent property to the west. The developer is
petitioning for the construction of Westar Lane. Braxton Drive will be constructed by the City
and assessed to the adjacent property owners.
Braxton Drive will include an 8' bituminous trail on the east side and a 5' concrete sidewalk on
the west side of the road.
GRADING
Elevations on the site range from a high point of 884 along the west property line to a low point
of 863 along the north property line within the pond area. Minimal grading is expected on the
entire side to allow for road construction and building pads. Walkout lots are proposed along
the pond to the north to take advantage of exisiting slopes.
There is an existing pond located to the west of Block 2 which has a 100-year flood elevation
of 879.9. The floor elevations of the homes in this area must be 2 feet above this elevation.
The grading plan must be revised to reflect a minimum floor elevation of 881.9.
The preliminary grading plan is subject to change based on the final road grades for Braxton
Drive.
UTILITIES
Water and sanitary sewer service will be installed in Braxton Drive with the road construction.
Services will be extended in Westar Lane to provide utility service to the properties to the west.
Storm water runoff is proposed to be collected within a catch basin system and discharged into
the pond along the north property line.
STAFF RECOMMENDATIONS
Staff recommends approval of the Zoning District Change from Rural to R1-13.5 on 3.6 acres
and Preliminary Plat of 3.6 acres into six single family lots and road right-of-way based on
revised plans dated November 15, 1991, subject to the recommendations of the staff report dated
November 22, 1991, and subject to the following conditions:
I. Prior to City Council approval, proponent shall revise the grading plan to reflect a
minimum floor elevation of 881.9 for homes within Block 2.
2. Prior to final plat approval, proponent shall:
A. Provide detailed utility, storm water runoff, and erosion control plans for review
by the City Engineer.
B. Provide detailed storm water runoff and erosion control plans for review by the
Watershed District.
3. Prior to building permit issuance, proponent shall pay the appropriate cash park fee.
4. Submit a petition for the construction of Westar Lane.
5. Development of the project cannot proceed until Braxton Drive is under construction.
Lorence 3rd Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 91-250
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF LORENCE 3RD ADDITION
FOR PETER KNAEBLE
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Lorence 3rd Addition for Peter Knaeble dated November 22, 1991,
consisting of 0.87 acres, a copy of which is on file at the City Hall, is found to be in
conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 17th day of December, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
PLANNING COMMISSION MINUTES - NOVEMBER 25. 1991,
C. LORENCE 3RD ADDITION (91-30-Z-P) by Peter Knaeble. Request for Zoning
District Change from Rural to R1-13.5 on 0.07 acres; and Preliminary Plat of 0.87 acres
into two single family lots and one outiot to be known as Lorence 3rd Addition.
Location: Southeast corner of Valley View Road and Hames Way. (A public hearing)
Peter 1Cnaeble, the proponent, presented to subdivide a 1 acre lot into 2 lots. He added
that a home presently existed on the western portion of the property and the plan was to
subdivide the property to create a buildable lot to the east.
Norman asked how close the existing home was to Round Park. Knaeble replied the park
was approximately 75 to 80 feet from the back of the existing home. He added that the
existing driveway actually went through park property.
Hawkins asked if the existing home was considered an historical building. ICnaeble
replied that the home was constructed in the early I900's and would be maintained in its
current state.
Ruebling asked if there would be enough room to provide a turn-around on the property.
Knaeble replied yes.
Ron Harvey, 7335 Hames Way, stated that he lived adjacent to the proposed site and
stressed the need to be sensitive to the trees on the site. He added that after seeing the
plans he believed that Knaeble had addressed the issue adequately. Knaeble replied that
only one 11" cedar tree would be removed from the site.
Norman asked if it would be possible to have the existing driveway removed and use a
combined driveway for the two lots. Knaeble replied that the City's engineering
department had recommended that the existing driveway be left in place. Norman
believed that to go west from the driveway would be almost impossible and questioned
the use of a joint driveway. Franzen added that the critical issue was where the driveway
was in relation to Hames Way intersection. Knaeble replied that the drive would be
approximately 145 feet from the intersection. Franzen added that the provision for a
turn-around was a good recommendation.
Sandstad asked if a turn-around would be provided on the second lot. Knaeble replied
that he wouldn't know that until an exact builder had be determined.
MOTION 1:
Hallett moved, seconded by Kardell to close the public hearing. Motion carried 6-0-0.
MOTION 2:
Hallett moved, seconded by Kardell to recommend to the City Council approval of the
request of Peter Knaeble for Zoning District Change from Rural to R1-13.5 on 0.07 acre,
0
to be known as Lorence 3rd Addition, based on plans dated November 22, 1991, subject
to the recommendations of the Staff Report dated November 22, 1991 with the addition
of Recommendation #3 for the provision of a turn-around on Lot 2. Motion carried 6-0-
0.
MOTION 3:
Hallett moved, seconded by 'Carden to recommend to the City Council approval of the
request of Peter Knaeble for Preliminary Plat of 0.87 acre into two (2) single family lots
and one outlot to be known as Lorence 3rd Addition, based on plans dated November 22,
1991, subject to the recommendations of the Staff Report dated November 22, 1991 with
the addition of Recommendation #3 for the provision of a turn-around on Lot 2. Motion
carried 6-0-0.
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Dec. 2, 1991
-2-
V. DEVELOPMENT PROPOSALS
A. Braxton Pond
Refer to staff report dated November 22, 1991.
Cross reported that Braxton Pond is a single family
subdivision on 3.6 acres near Cedar Ridge Elementary
School. Minimal grading will be done on the site and
the only parks, recreation and natural resource issue
is the sidewalk system. Braxton Drive will have an
8 bituminous trail on the east side and a 5' concrete
sidewalk on the west side of the road. Westar Lane
will have a 5' concrete sidewalk on the north side of
the road.
MOTION: Lynch moved to recommend approval of Braxton
Pond per staff recommendation. Bowman seconded the
motion and it passed 5-0.
B Loredce 3rd Addition
Refer to staff report dated November 22, 1991.
Peter Knable was present at the meeting to give a summary
of the proposed development which is for a two lot
subdivision on 0.87 acres at the southeast corner of
Valley View Road and Hames Way.
Cross added that the City is asking the developer to
remove the dead trees on the property and dispose of
the debris.
Lambert noted that the original property owners will
subdivide the property. Their driveway is currently
going across park property, but staff recommends approval.
MOTION: Vanderploeg moved to recommend approval of Lorence
3rd Addition per staff recommendation. Kube-Harderwijk
seconded the motion and it passed 5-0.
C. Rice Marsh PUD
Refer to staff report dated November 1, 1991; memo dated
November 27, 1991 from Don Uram, Planner and memo dated
November 27, 1991 from Barb Cross, Landscape Architect.
STAFF REPORT
TO: Planning Commission
THROUGH: Chris Enger, Director of Planning
FROM: Scott A. Kipp, Planner
DATE: November 22, 1991
SUBJECT: Lorence 3rd Addition
APPLICANT: Peter ICnaeble
FEE OWNER: lames Lorence Estate
LOCATION: Southeast corner of Valley View Road and Hames Way
REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 0.07 acres.
2. Preliminary Plat of 0.87 acres into two single family lots and one
outlot.
BACKGROUND
The Comprehensive Guide Plan depicts this
site for Low Density Residential land use.
The majority of the site is zoned R1-13.5
and is surrounded to the north by the Eden
Prairie High School, to the east and south by
Round Lake Park, and to the west by
Lorence 1st and 2nd Additions, zoned RM-
6.5 and R1-13.5, respectively. The existing
home uses access along Valley View Road.
The property contains numerous significant
trees consisting of pine and red cedar. The
existing homestead is to remain with this
proposal and a second lot added the east.
SITE PLAN/PRELIMINARY PLAT
The request is to rezone 0.07 acres from
Rural to R1-13.5 and preliminary plat of
0.87 acres into two lots and one outlot. The ;
existing access to the property along Valley
View Road currently is on City property.
Staff Report
Lorence 3rd Addition
November 22, 1991
As part of the request, a small land swap will take place with the City so that the access will be
on its own parcel. This small portion of property will require rezoning from Rural to R1-13.5.
An equal amount of property will be dedicated to the City. Prior to acceptance by the City of
the dedicated outlot, the developer shall remove any existing refuse and dead trees on the
property.
The existing shed on Lot 2, Block 1, Lorence 2nd Addition, lying adjacent to this property, will
require removal or relocation prior to any building permit in order to meet the accessory
structure setback of ten feet.
UTILITIES
Sanitary sewer and water services are available to the existing house along 1-lames Way. Only
sewer is connected at this time. Services can be made available to Lot 2 with connection to
Haines Way as well, and will require an easement for these services over that part of Lot 1. As
part of this project, the existing house will be required to connect to City water. A bond will
be required for the utility connections to Lot 2 for the restoration of Hames Way.
VEGETATION
A tree inventory has been provided for the property which indicates 139 caliper inches of
significant trees. The proposal will only require the removal of one significant tree with
replacement of only one caliper inch based on the tree preservation ordinance. Because the
removal of this tree will not change the character of the property and the fact that only 1" of
replacement would be necessary, staff would recommend waiving of this requirement.
ACCESS
The existing home currently takes access from Valley View Road. After the subdivision of this
property, the new lot will utilize this access, with the existing home taking access from Hames
Way.
RECOMMENDATIONS
Staff would recommend approval of the rezoning of 0.07 acres from Rural to R1-13.5 and
preliminary plat of 0.87 acres into two single family lots and one outlot subject to plans dated
November 22, 1991, staff report dated November 22, 1991, and subject to the following:
Prior to release of the final plat, the proponent shall:
A. Provide a bond for the restoration of Hames Way as part of the utility connection
required for proposed Lot 2.
Staff Report
Lorence 3rd Addition
November 22, 1991
B. Dedicate Outlot A to the City free and clear of any mortgages, liens, or other
encumbrances, and free of debris, garbage, trash, dead trees, buried tanks, wells,
construction materials, noxious, toxic, or hazardous materials.
2. Prior to building permit issuance for the property, the proponent shall remove or relocate
the accessory structure on Lot 2, Block 1, Lorence 2nd Addition in order to meet the
minimum setback requirement of ten feet to a side lot line. In addition, the existing
home shall be connected to City water.
Braxton Pond
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 91-248
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF BRAXTON POND
FOR WESTAR PROPERTIES, INC.
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Braxton Pond for Westar Properties, Inc. dated , 1991, consisting
of 3.6 acres, a copy of which is on file at the City Hall, is found to be in conformance with the
provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is
herein approved.
ADOPTED by the Eden Prairie City Council on the 17th day of December, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
ELA.jyM_G_C_QSSjigsIV:j:L5_-_N_M_2.5j2LR 1
D. REVAAN PROPERTY (91-32-Z) by Herbert DeVaan. Request for Zoning District
Change from RM-6.5 to R1-13.5 on 0.58 acre for construction of a single family home.
Location: Lot 7, Block 2, Lake Trail Estates. (A public hearing)
Herbert DeVaan, the proponent, stated that he had a signed purchase agreement for the
property if the property could be rezoned for single-family use. He noted that there was
another single-family lot adjacent to this lot.
Sandstad asked if there were duplexes to the east of the proposed site. DeVaan replied
that there were 2 duplexes in the cul-de-sac and the balance of the homes were single-
family.
DeVaan stated that he had originally planned to construct a double home on the lot;
however, the present builder planned to construct a single-family home.
Franzen reported that Staff recommended approval of the proposal based on the Staff
recommendations. He added that the lots needed to be combined and the existing utilities
needed to be abandoned.
DeVaan stated that he had already gone through the process to combine the lots.
Sandstad asked if there was a berm to the east of the site. DeVaan replied that the berm
was constructed by the original developer.
Richard Kettler, 7790 Carnelian Lane, stated that according to the City another berm
could not be placed on the property because of the close proximity to the highway.
Kehler believed that the noise level was too high for construction of anything on this lot.
Sandstad asked Kettler where he lived. Kehler replied that he lived in the duplex to the
east, approximately 50 feet from the existing highway.
Hawkins asked Kettler if it was highway noise that he was concerned about. Kettler
replied yes.
DeVaan stated that he had talked with another resident in the neighborhood who had
indicated that the noise level was not a major issue.
Hawkins asked Kettler if the noise level had increased recently. Kettler replied that the
noise had increased in the past few weeks since the highway had been opened up.
Franzen noted that the possible closure of Heritage Lane would be discussed at the
December 3, 1991 City Council meeting.
Norman questioned why anyone would want to construct a home on this parcel. DeVaan
replied that the property was being sold for approximately half of any other parcel in
Eden Prairie.
Sandstad stated that there were many things during the construction of a new home which
could reduce the noise problem.
Hawkins asked if either Kettler or DeVaan had been contacted by the State regarding
condemnation for Highway 5. DeVaan replied no, the only thing that was offered was
$100 for egress damage.
Ruebling stated that road noise traveled a long way.
Hallett believed that DeVaan had the right to develop his property.
Kardell believed that the buyer had to be aware of the problem.
Sandstad believed that the price of the property reflected that a problem existed.
Mrs. Kettler, 7790 Carnelian Lane, stated that they were not opposed to development of
the property. She added that they had tried to sell their home 3 times unsuccessfully.
MOTION 1:
Kardell moved, seconded by Hawkins to close the public hearing. Motion carried 6-0-0.
MOTION 2:
Kardell moved, seconded by Hawkins to recommend to the City Council approval of the
request of Herbert DeVaan for Zoning District Change from RM-6.5 to R1-13.5 on 0.58
acre, to be known as DeVaan Addition, for construction of a single family house, based
on plans dated October 25, 1991, subject to the recommendations of the Staff Report
dated November 22, 1991. Motion carried 6-0-0.
STAFF REPORT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
APPLICANT/
FEE OWNER:
LOCATION:
REQUEST:
Planning Commission
Chris Enger, Director of Planning
Donald R. Uram, Planner
November 22, 1991
DeVaan Property
Herbert DeVaan
7748-7750 Carnelian Lane
Zoning District Change from RM-6.5 to R1-13.5 on 0.58 acres for
construction of a single family home.
This lot is located within Lake Trail Estates and is described as Lot 7, Block 2. The property
was zoned RM-6.5 in 1978 along with two other lots in the immediate vicinity. The remaining
lots on Carnelian Lane are zoned R1-13.5 (see attached map). Within this area, two lots have
existing duplexes constructed on them.
The proponent is requesting a Zoning District Change from RM-6.5 to R1-13.5 to allow for the
construction of a single family home. This lot meets the minimum requirements of the R1-13.5
Zoning District.
Hennepin County divided the lot into two seperate parcels to allow for the construction of a
duplex. The lot must be combined to allow for the construction of a single family home. This
process will handled by Hennepin County.
Because the property was originally proposed for a duplex, two utility services are provided
within Carnelian Lane. With the development of this proposal, one service will have to be
abandoned. The proponent shall contact the Engineering Department regarding the abandonment
of one utility service.
Staff is recommending approval of the Zoning District Change from RM-6.5 to R1-13.5 to allow
for the construction of a single family home on 0.58 acres subject to the conditions that:
1. The proponent pay the appropriate cash park fee.
2. No building permit be issued until the lot is combined.
3. Abandonment of the extra utility service.
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INC.
I hereby certify that this plan, survey or report was
prepared by me or under my direct supervision and that lam
a duly Registered Land Surveyor under the laws of the State
of Minnesota.
1=.2 811 1. Box 208
DeNno. MN 55378
Date 71tCY 5 /fig.9 Registration No. 14700
JOB St
3ZZ-A
Book- Page
- 3
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SHfET of 2 :;1/40 ,-/u
(F.:I
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OCT 2 5 M 1
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ASSUMED DATUM 9°600 1st FLOOR ELEV 3n. 5 GARAGE FLOOR ELEV. BASEMENT ELEV. TOP BLOCK ELEV.
000.0 = EXIST. ELEV. (000.0): PROPOSED ELEV.
E & P = EXIST. & PROP. ELEV. 000.0
= DRAINAGE
1 SCHOBORG
LAND SURVEYING
INC.
R I . 00.
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I hereby certay that this plan. survey or report was
prepared by me or under my direct supervision and that I a
m
a duly Registered Land Surveyor under the laws of the Sta
t
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of tAinnesota.
Date: :74 L. Y
Rstration No. 14700
JOB
Z24
Book - Page
/Z- 3
Sca
DECEMBER 17.1991
20488 AT&T CREDIT CORPORATION
20489 HENNEPIN COUNTY TREASURER
490 MINNESOTA VALLEY ELECTRIC CO-OP
20491 NORTHERN STATES POWER CO
20492 U S WEST CELLULAR INC
20493 GINA MARIAS PIZZA
20494 COOKIES BY DEB
20495 BLUE EARTH HISTORICAL SOCIETY
20496 BEST WESTERN GARDEN INN
20497 EAGLE WINE CO
20498 GRIGGS COOPER & CO INC
20499 JOHNSON BROTHERS LIQUOR CO
20500 ED PHILLIPS & SONS CO
20501 PRIOR WINE CO
20502 QUALITY WINE & SPIRITS CO
20503 THE WINE COMPANY
20504 MINNESOTA SAFETY COUNCIL INC
20505 UNIVERSITY OF MINNESOTA
20506 VOID OUT CHECK
20507 AT&T
20508 AT&T CONSUMER PRODUCTS DIV
20509 AT&T
20510 NORTHERN STATES POWER CO
20511 U S WEST COMMUNICATIONS
20512 U S WEST COMMUNICATIONS
20513 CITY OF EAGAN
20514 UNIVERSITY OF ST THOMAS
1515 NATL FIRE PROTECTION ASSN
20516 RICHARD ALAN PRODUCTIONS
20517 IPMA-MN CHATTER
20518 LEAGUE OF MN CITIES
20519 MN DEPT OF REVENUE
20520 JASON-NORTHCO PROP LP#1
20521 DELEGARD TOOL CO
20522 ANCHOR PAPER COMPANY
20523 BIRTCHER WELSH
20524 PETTY CASH-COMMUNITY CENTER
20525 SHARON BURGER
20526 BOB & DELL COLEMAN
20527 MARY ANN COLEMAN
20528 BRUCE OLSON
20529 THE HITCHING COMPANY
20530 TRAVEL PROFESSIONALS
20531 B & S TOOLS
20532 FLYING CLOUD ANIMAL HOSPITAL
)533 JC PENNEY
11350296
SERVICE
93.67
-1991 PROPERTY TAX-LOWER PURGATORY CREEK
5676.06
PROPERTIES/EARL MORE H0USE17835 EDEN COURT
SERVICE
63.00
SERVICE
4126.57
SERVICE
431.89
EXPENSES-UNITED WAY COMMITTER
46.28
MEETING EXPENSES-CITY COUNCIL
11.18
ADMISSION FEE-SENIOR CITIZEN PROGRAM
33.00
EXPENSES-SENIOR CITIZEN PROGRAM
157.50
WINE
729.75
LIQUOR
14064.19
LIQUOR
14356.38
LIQUOR
8198.66
WINE
337.44
LIQUOR
10942.71
WINE
192.32
SEMINAR-SAFETY TRAINING METHODS
735.00
SEMINAR-BUILDING DEPT
63.00
0.00
SERVICE 214.62
SERVICE 66.55
SERVICE 29.71
SERVICE 15998.29
SERVICE 226.60
SERVICE 3167.31
COMPREHENSIVE MAINT MGMT PLAN-PARKMAINT 50.00
CONFERENCE-HUMAN RESOURCES DEPT 569.29
-FIRE PREVENTION BROCHURES/PROGRAMS/BOOK & 960.15
VCR TAPE-FIRE DEPT
-BAND FOR RESERVE OFFICERS HOLIDAY PARTY- 199.00
POLICE DEFT
MEETING EXPENSES-HUMAN RESOURCES DEFT 30.00
CONFERENCE-COUNCIIIIEMBER 20.00
NOVEMBER 91 FUEL TAX 980.60
DECEMBER 91 RENT-LIQUOR STORE 7026.29
-TEFLON TAPE/PLIERS/WRENCHES-PARK MAINT/ 191.25
EQUIPMENT MAINTENANCE
COPY PAPER-CITY HALL 505.68
DECEMBER 91 RENT-CITY HALL 21876.74
ADDITIONAL PETTY CASH-COMMUNITY CENTER 25.00
REFUND-SWIMMING LESSONS 22.00
REFUND-MANKATO TRIP-ADULT PROGRAMS 34.00
REFUND-SWIMMING LESSONS 17.00
REFUND-SWIMMING LESSONS 16.00
-SERVICE-CARRIAGE RIDES FOR aftliINs GRILL 285.00
-HOMESTEAD CHRISTMAS EVENT-HISTORICAL
INTERPRETATION PROGRAM
CONFERENCE-COUNCILMEMBER 344.50
-TIN SNIP/SCREWDRIVER/MAGNET/SOCKET SET/ 261.95
-RATCHET WRENCH/DRILL/CUTTER BLADES/SANDING
-DISCS/VISE EXTENSION-STREET DEPT/EQUIPMENT
MAINT/WATER DEPT
CANINE SUPPLIES-POLICE DEPT
88.8C
UNIFORMS-POLICE DEPT 38.01
6 ,4
DECEMBER 17.1991
20534 FIRST BANK EDEN PRAIRIE
20535 MN DEPT OF REVENUE
20536 PATRICIA PIDCOCK
20537 NATIONAL LEAGUE OF CITIES
20538 DOUGLAS TENPAS
20539 FEDERAL RESERVE BANK
20540 GREAT WEST LIFE ASSURANCE CO
20541 GUARANTEE MUTUAL LIFE COMPANY
20542 HENN CTY SUPPORT & COLLECTION SER
20543 ICMA RETIREMENT TRUST-457
20544 MN STATE RETIREMENT SYSTEM
20545 MN TEAMSTERS CREDIT UNION
20546 MUTUAL BENEFIT LIFE
20547 NORWEST BANK HOPKINS
20548 EXECUTIVE DIRECTOR-PERA
20549 UNITED WAY
20550 FEIST BLANCHARD CO
20551 SUPPLEES 7 HI ENTER INC
20552 GENUINE PARTS COMPANY
20553 SOUTHWEST FIRE LEAGUE
20554 MINNESOTA POLLUTION CONTROL AGENC
20555 UNIVERSITY OF MINNESOTA
20556 ARRDWWOOD RADISSON RESORT
20557 MINNESOTA JUVENILE OFFICERS ASSN
20558 ROCKWELL INTERNATIONAL
20559 PETTY CASH-E P COMMUNITY CENTER
20560 COOKIES BY DEB
20561 ST CLOUD TECHNICAL COLLEGE
20562 SPIRIT COACHES
20563 MN ASSN OF ASSESSING OFFICERS
20564 ADAIR FRYER
20565 ETHEL HOFFHINES
20566 BRENDA KOPP
20567 PATRICIA LAVACCA
20568 CYNDI RUSSETH
20569 DERWOOD TWIGG
20570 MINNESOTA POLLUTION CONTROL AGENC
20571 ALL AMERICAN BOTTLING CORP
20572 BEER WHOLESALERS INC
20573 DAY DISTRIBUTING CO
15667749
PAYROLL 11/29/91 67617.90
PAYROLL 11/29/91 13500.45
CONFERENCE ADVANCE-COUNCILMEMBER 2ç' DO
CONFERENCE-COUNCILMEMBER 3 )0
CONFERENCE ADVANCE-COUNCILMEMBER 20b.00
PAYROLL 11/29/91 SAVINGS BOND 50.00
PAYROLL 11/29/91 6554.00
DECEMBER 91 LIFE INSURANCE PREMIUM 2663.37
PAYROLL 11/29/91 212.77
PAYROLL 11/29/91 2458.72
PAYROLL 11/29/91 50.00
PAYROLL 11/29/91 25.00
DECEMBER 91 DISABILITY INSURANCE PREMIUM 2971.48
PAYROLLS 11/15/91 & 11/29/91 1140.00
PAYROLL 11/29/91 33704.04
PAYROLL 11/29/91 208.25
-ROTORS/WHEEL CYLINDERS/FLASHERS/DRUM/ 671.31
-BRAKE SHOES/SEALS/BEARINGS-EQUIPMENT
MAINT/SEWER DEPT
DECEMBER 91 RENT-LIQUOR STORE 5074.00
-TRUCK WAX/TRAILER HITCH BALLS/KNOB/POWER 3832.52
-STEERING FLUID/U-BOLTS/HAND CLEANER/
-TESTER/CLAMPS/SEALANT/GAUGE/FILTERS/CHAIN
-STRAPS/ROTORS/MUFFLERS/TAILPIPE/BRAKE
-DRUM/WIPER BLADES/HOSE ENDS/ADAPTORS/
-SWITCHES/SHOCK ABSORBERS/WORK LIGHTS/
-MIRRORS/FLANGES/TIRE VALVES/GASKETS/
-SPRINGS/SEAT COVER/BATTERIES/DUCT TAPE/
-BRACKETS/CAPS/BUNGEE CORDS-EQUIPMENT
MAINT/UTILTIES DIV/FIRE DEPT/PARK MAINT
WEEKLY CABLE TV FIRE SHOW-FIRE DEPT 500.00
CONFERENCE-SEWER DEPT 80.00
SCHOOL-POLICE DEFT 155.00
CONFERENCE-POLICE 189.00
DUES-POLICE DEPT 5.00
-TRUCK COMPONETS MAINTENANCE VIDEO TAPE 180.00
SET-EQUIPMENT MAINTENANCE
EXPENSES-COMMUNITY CENTER 24.05
EXPENSES-CITY COUNCIL 7.46
CONFERENCE-BUILDING INSPECTIONS DEFT 90.00
-DEPOSIT-ADULT & FAMILY SKI TRIP-ADULT 200.00
PROGRAMS/FEES PAID
DUES-ASSESSING DEPT
450.00
REFUND-DEFENSIVE DRIVING INSTRUCTOR
5.00
REFUND-MANKATO TRIP-ADULT PROGRAMS
10.00
-REFUND-SESAME STREET LIVE-SPECIAL TRIPS &
10.50
EVENTS PROGRAM
REFUND-KARATE CLASS
24.00
REFUND-SKATING LESSONS
80.00
REFUND-SWIMMING LESSONS
22.00
-PERMIT FEE FOR EMISSION INSPECTIONS ON
200.00
CITY VEHICLES-EQUIPMENT MAINTENANCE
MIX 287.47
BEER 24.5E
BEER 10
1) Li;
b•L;-i
DECEMBER 17.1991
20574 EAST SIDE BEVERAGE CO BEER 28038.60
20575 KIRSCH DISTRIBUTING CO BEER 138.55
-1576 MARK VII DISTRIBUTING COMPANY BEER 11974.85
i577 MIDWEST COCA COLA BOTTLING CO MIX 616.35
20578 PEPSI COLA COMPANY MIX 165.78
20579 POGREBA DISTRIBUTING INC Eaml 1243.75
20580 THORPE DISTRIBUTING COMPANY BEER 24065.25
20581 PETTY CASH -EXPENSES-CITY HALL/SENIOR PROGRAMS! 61.10
ADAPTIVE RECREATION PROGRAM
20582 JIMMY ALLEN ARTIST MGMT -ENTERTAINMENT-HOLIDAY DINNER & NEW YEARS 200.00
PARTY-SENIOR PROGRAMS
20583 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEFT 16.92
20584 EAGLE WINE CO WINE 1234.13
20585 GRIGGS ()DOPER & CO INC LIQUOR 6876.15
20586 JOHNSON BROTHERS LIQUOR CO LIQUOR 12744.55
20587 PAUSTIS & SONS CO WINE 301.55
20588 ED PHILLIPS & SONS CO WINE 9230.61
20589 PRIOR WINE CO WINE 4048.00
20590 QUALITY WINE & SPIRITS CO LIQUOR 5016.35
20591 WORLD CLASS WINES INC WINE 64.00
20592 ACE BLACKTOP INC SERVICE-1991 LIME SLUDGE REMOVAL 39477.80
20593 BROWN & CRIS INC -SERVICE-FALCONS WAY & COMMUNITY CENTER 26808.71
STREET & UTILITY CONSTRUCTION/EDEN HILLS
20594 RICHARD KNUTSON INC -SERVICE-BLUFFS W 9TH/BLUFFS E 8TH/BLUESTEM 117255.81
-Rimmum HIGH RIDGE/CEDAR RIDGE ESTATES
2ND ADDITION
20595 NODLAND CONSTRUCTION CO SERVICE-HIGHWAY 5 SOUTH FRONTAGE ROAD
20596 A TO Z RENTAL CENTER HEATER RENTAL-PARK MAINTENANCE
1597 AAA STRIPING SERVICE CO SERVICE-1991 CITY STREET STRIPING
_J598 AARCEE TINTS-DAY & ACTIVITY CAMP PROGRAMS
20599 ABBOTT PAINT & CARPET CO PAINT-WATER DEPT
20600 AIRSIGNAL INC PAGER SERVICE-BUILDING INSPECTIONS DEPT
20601 ALEXANDER BATTERY NORTH -BATTERIES/OPTIMIZER/BATTERY CHARGER-
POLICE DEFT/FIRE DEPT
20602 ALPHA VIDEO & AUDIO CABLES-POLICE DEPT
20603 AMERICAN HANDYMAN CAN INC REFUND-BUILDING PERMIT DEPOSIT
20604 AMERICAN LINEN SUPPLY CO -UNIFORMS-BUILDING INSPECTIONS DEPT/STREET
-MAINT/FACILITIES DEPT/PARK MAINTTDQUIPMENT
-MIANT/COMUNITY CENTER/UTILITIES DIV/MATS-
LIQUOR STORE
20605 AMERICAN NATL BANK & TRUST CO FEES-BOND PAYMENTS
20606 AM SOCIETY FOR INDUSTRIAL SECWUT DUES-POLICE DEFT
20607 EARL F ANDERSEN & ASSOC INC MEET SIGNS/SIGN POST-STREET DEFT
20608 ARMOR SECURITY INC -PRIVACY LOCK REPAIR/GARAGE DOOR LOCK
REPAIR-POLICE BLDG/CITY HALL
20609 ASTLEFORD INTL INC -AXLE SHAFTS/SEAL/INSULATOR/PIVOT-EQUIPMENT
MAINTENANCE
20610 BACHMANS EXPENSES-CITY HALL
20611 ROBERT BARLI EXPENSES-POLICE DEPT
20612 S H BARTLETT COMPANY INC SHOWER PARTS-COMMUNITY CENTER
20613 BARTLEY SALES CO INC -PAPER TOWEL DISPENSER KEYS/COIN MECHANISM-
CITY HALL/COMMUNITY CENTER
20614 BATTERY & TIRE WAREHOUSE INC -SNOW BRUSH/SPARK PLUGS/POWER STEERING
-FLUID/LIGHT BEAMS/BATTERIES/ISE CLAM/
WIPER BLADES-EQUIPMENT MAINTENANCE
33290443
32822.53
75.14
1169.54 ,
376.90
91.38
58.50
1724.37 i
104.12
14.50
1554.23
204.79
75.00
3287.38
57.00
629.08
118.0C
25.50
46.1E
29.0C
862.51
DECREER 17.1991
20615 BENTEC ENGINEERING CORP
20616 DAVID BLACK
20617 BLACKS PHOTO
20618 CLARA BLEAK
20619 BLOOMINGTON CHAPTER
20620 CITY OF BLOOMINGTON
20621 BLOOMINGTON LOCK & SAFE CO
20622 LOIS BOETTCHER
20623 BOUSTEAD ELECTRIC & MFG CO
20624 BOYD HOUSER CANDY & TOBACCO CO
20625 BOYD OIL DISTRIBUTING
20626 TOBY BOYUM
20627 BROWN LAND CO
20628 MAXINE BRUECK
20829 BSN SPORTS
20630 BUCKINGHAM DISPOSAL INC
20631 BURNSVILLE SANITARY CO
20632 CANNON SPORTS INC
20633 CAPITOL COMMUNICATIONS
20634 CARGILL SALT DIVISION
20635 CASE POWER & EQUIPMENT
20636 CENTRAIRE INC
20637 CHANHASSEN LAWN & SPORTS
20638 CHAPIN PUBLISHING COMPANY
20639 CHEMLAWN
20640 BILL CLARK OIL CO INC
20641 CLUTCH & TRANSMISSION SER INC
20642 CLUTCH & U-JOINT BURNSVILLE INC
20643 COMMERCIAL ASPHALT CO
20644 COMMUNICATIONS WORLD-NW
20645 COPIER ALTERNATIVES
20646 COPIES NOW
20647 CUTLER MAGNER COMPANY
20648 CYS UNIFORMS
20649 DALCO
20650 DAN & DANE MINUTEMAN PRESS
20651 MITCHELL DEAN
20652 DECORATIVE DESIGNS
20653 EUGENE DIETZ
20654 DIVERSIFIED CLEANING SERVICES
20655 DRISKILLS SUPER VALU
20656 DRISKILLS SUPER YALU
20657 DRISKILLS SUPER VALU
20658 DRISKILLS SUPER VALU
2558397
FILTER REPAIR-WATER DEFT
MILEAGE-COMMUNITY CENTER
PRINT-FORESTRY DEPT
MILEAGE-OUTDOOR CENTER PROGRAM
-TICKETS FOR KLONDIKE KAPERS-SENIOR
PROGRAMS/FEES PAID
-OCTOBER 91 ANIMAL IMPOUND FEES-ANIMAL
CONTROL DEPT
SAFE LOCKING BOLT REPAIRED-COMMUNITY CTR
-MINUTES-PARK RECREATION & NATURAL
RESOURCES COMMISSION ,
MOTOR-WATER DEPT
CANDY-POOL LESSONS
OIL-EQUIPMENT MAINTENANCE
HOCKEY OFFICIAL/FEES PAID
REFUND-HYDRANT METER DEPOSIT
MILEAGE-FINANCE DEFT
BATTING TEE-YOUTH ATHLETICS PROGRAM
NOVEMBER 91 WASTE DISPOSAL SERVICE
WASTE DISPOSAL-STREET MAINTENANCE
BASEBALLS-YOUTH ATHLETICS PROGRAM
REPROGRAMMED RADIO-POLICE DEPT
SALT-SNOW & ICE CONTROL DEFT
MUFFLER/GASKET-EQUIPMENT MAINTENANCE
-BLOWER MOTOR REPAIR/CIRCULATOR PUMP/PILOT
-ASSEMBLY & IGNITOR LEADS/CIRCULATOR PUMP
-RESET/REPAIRED CRACKED HEAT EXCHANGER-
FACILITIES DEPT/CUMMINS GRILL HOMESTEAD
-SPARK PLUGS/SPRING/FILES/CHAIN/MUFFLER
SCREEN CLEANED-PARK MAINT/FORESTRY DEPT
LEGAL ADS-TRUCK WITH SEWER CLEANER
FALL LAWN CARS-WATER DEFT
GEAR LUBRICANT/FLUSHING OIL-WATER DEPT
-CLUTCH PACKS/HUB CAPS/SHIFT CONTROL-
EQUIPMENT MAINTENANCE
DIFFERENTIALS REBUILT-EQUIPMENT MAINTENANCE
BLACKTOP-STREET MAINTENANCE
TELEPHONE REPAIR-POLICE DEPT
COPIER MAINTENANCE AGREEMENT-CITY HALL
PRINTING NEWSLETTER-POLICE DEPT
QUICKLIME-WATER DEFT
-UNIFORMS/NAME TAGS-POLICE DEPT/ANIMAL
CONTROL DEPT
-CLEANING SUPPLIES-FACILITIES DEPT/WATER
DEPT
PRINTING FORMS-BUILDING INSPECTIONS DEFT
MILEAGE-LIQUOR STORE
DECEMBER 91 SERVICE-FACILITIES DEPT
NOVEMBER 91 EXPENSES-ENGINEERING DEFT
CARPET CLEAQUOR STORE
EXPENSES-FIRE DEFT
EXPENSES-COMMUNITY CENTER
-EXPENSES-CITY HALL/SENIOR PROGRAMS/
COMMUNITY CENTER
EXPENSES-POLICE DEFT
64.00
49.00
r 90
lU
42.00
223.00
55.00
45.68
120.98
45.30
520.95
40.00
438.69
56.25
65.83
1451.15
100.97
162.25
25.00
6290.85
94.01
1522.32
94
110.00
268.18
400.40
1295.68
4094.75
141.66
111.26
106.91
188.00
3362.23
192.95
144.72
243.53
18.75
49.50
200.00
125.00
672.79
102.87
159.2
49
J
DECEMBER 17.1991
20659 THE DROZDAL COMPANY -SERVICE-STRATEGIC PLANNING-HUMAN RESOURCES 1000.00 DEFT
-1660 DYNA SYSTEMS DRILL BITS-WATER DEPT 194.99 661 EASTMAN Kaluc COMPANY -OCTOBER 91 COPIER MAINTENANCE AGREEMENT- 711.16 CITY HALL 20662 ECOLAB PEST ELIMINATION DIVISION -NOVEMBER 91 PEST CONTROL
S
E
R
V
I
C
E
-
F
I
R
E
105.00 STATIONS 20663 E P APPLIANCE SERVICE WATER PUMP-FACILITIES DEPT 90.90 20664 EDEN INCENTIVES & PROMOTIONS PROMOTIONAL PENCILS-POLICE DEFT 767.29 20665 EDEN PRAIRIE CHAMBER OF COMMERCE -EXPENSES-CITY COUNCIL/ADMI
N
I
S
T
R
A
T
I
O
N
/
58.00 HUMAN RESOURCES DEPT 20666 DEB EDLUND MINUTES-PLANNING COMMISSION 125.00 20667 ELIM SHORES INC -PROGRESSIVE DINNER-SENIOR PROGRAMS/FEES 124.00 PAID 20668 ELK RIVER CONCRETE PRODUCTS -MANHOLE COVER ADJUSTMENT RINGS-DRAINAGE 223.44 CONTROL DEPT 20669 JEFFREY ELWELL MILEAGE-COMMUNITY CENTER 14.00 20670 BRAD ERICKSEN HOCKEY OFFICIAL/FEES PAID 40.00 20671 RON ESS HOCKEY OFFICIAL/FEES PAID 40.00 20672 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL 19.90 20673 FARM PRESS PUBLICATIONS TURF MANAGEMENT DIGEST-PARK MAINTENANCE 53.85 20674 FEED RITE CONTROLS INC CHLORINE-WATER DEPT 3672.33 20675 FINLEY BROS ENTERPRISES GALVANIZED FENCING-PARK MAINTENANCE 155.00 20676 FIRE DEPT SAFETY OFFICERS ASSN DUES-FIRE DEPT 60.00 20677 FLAGHOUSE INC BOCCE BALL/BOCCE SET-AFTERSCHOOL PROGRAM 74.14 20678 FLEXIBLE PIPE TOOL CO RUBBER LEADER HOSE WITH FITTINGS-SEWER DEPT 117.00 20679 FORESTRY SUPPLIERS INC BOOK/TREE TRIMMER-FORESTRY DEPT 126.26 20680 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES
1253.78 ( 1681 G & K SERVICES -COVERALLS/TOWELS/MOP HEADS-PARK MAINT/ 562.44 WATER DEPT 20682 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 6805.99 20683 GARDNER INUMARE CO CLOSER-WATER DEPT 152.63 20684 GLEN LAKE SALES & MARKETING SUPPLIES-LIQUOR STORES 125.00 20685 THE GLIDDEN COMPANY PAINT-WATER DEPT 25.86 20686 GNERER WELDING INC -CENTERLINE CUTTERS/LIFT VALVE/MARKERS/ 723.82 SEAL/PLUNGER/CHECK VALVE-EQUIPMENT MAINT 20687 CHARLES A GOBLE EMERGENCY TECHNICIAN BAGS-FIRE DEPT 50.00 20688 GOODWILL INDUSTRIES INC NOVEMBER 91 EXPENSES-SOLID WASTE MGMT 2012.50 20689 W W GRAINGER INC -POCKET POUCHES/SNOW PUSHERS/ALUMINUM 160.52 SCOOPS-FACILITIES DEPT/SEWER DEPT 20690 PETER J GRAVES VOLLEYBALL OFFICIAL/FEES PAID 172.50 20691 GRAYBOW-DANIELS CO DASH POT-COMMUNITY CENTER 56.16 20692 GRINNELL CORPORATION FLANGE/FII1INGS-WATER DEPT 50.22 20693 GUNNAR ELECTRIC CO INC -GAS & DIESEL PUMP REPAIRS/EXTENSION CORD- 1293.84 EQUIPMENT MAINTENANCE/SEWER DEPT 20694 HACH COMPANY LAB SUPPLIES-WATER DEPT 67.00 20695 MICHAEL HAMILTON VOLLEYBALL & BROOMBALL OFFICIAL/FEES PAID 125.00 20696 ROBERT HANNON HOCKEY OFFICIAL/FEES PAID 110.00 20697 HEAVENLY HAM EXPENSES-HUMAN RESOURCES DEPT 125.00 20698 LAURIE MELLING -EXPENSES/MILEAGE-HISTORICAL INTERPRETATION 86.46 PROGRAM/RECREATION ADMINISTRATION 20699 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 176.0C 20700 HENNEPIN COUNTY SHERIFF OCTOBER 91 BOOKING FEE-POLICE DEPT 286.25 /0701 STEPHEN HEROLD REFUND-OVERPAYMENT UTILITY BILLING 90.66 )702 D C HEY COMPANY INC -COPIER REPAIR/TONER-BUILDING INSPECTIONS 293.5E DEPT/MAINTENANCE AGREEMENT-FIRE DEPT
2257750
•') r
FREON-COMMUNITY CENTER 750.00
-NOVEMBER & DECEMBER 91 COMMUNITY 4370.12
NEWSLETTER-HUMAN RESOURCES DEPT
REFUND-WATER HYDRANT METER DEPOSIT 278.81
MILEAGE-LIQUOR STORE
-FAMILY EDUCATION CONFERENCE/EXPENSES- 21,
HUMAN RESOURCES DEPT
LIGHT BULBS-WATER DEFT 507.14
BOOKS-FORESTRY DEPT 90.00
DUES-FIRE DEPT 120.00
BASKETBALL OFFICIAL/FEES PAID 105.00
-VOLLEYBALL OFFICIAL & OFFICIALS 291.00
COORDINATOR/FEES PAID
SUBSCRIPTIONS-FIRE DEPT 65.91
PORTABLE RADIO WITH TELEPHONE-SEWER DEPT 1326.75
-SERVICE-MARKET STUDY-STARING LB & SUNRISE 2970.00
CIRCLE STREET & UTILITY IMPROVEMENTS
DUES-ADMINISTRATION 117.00
STUDS/SCREWS-COMMUNITY CENTER 86.23
-SERVICE-ELECTRICAL ENGINEERING FOR 509.72
STANDBY GENERATOR SET-SEWER DEPT
OUTDOOR CENTER INSTRUCTOR/FEES PAID 30.00
-BATTERIES/FILM PROCESSING-RECREATION 21.41
ADMINISTRATION
MILEAGE-PLANNING DEPT 20.50
OIL STAIN-RILEY LAKE PARK 1074.37
-INSULATION/FLASHLIGHTS/PLOW PINS/TRASH 1437.80
-BAGS/KEYS/BROOM/PLIERS/SAW/CHISEL/DE-ICER/
-PAINT/SCRAPERS/CORD REEL/WASTEBASKET/
-CLIPS/PADLOCKS/TAPE/OUTLETS/PIPE/CAPS/
-STEEL WOOL/FITTINGS/MAILBOX/LETTERS/
-TAPING KNIVES/FUSES/SPONGES/COUPLERS/
-VALVES/WRENCHES/SCREWDRIVERS/BATTERIES/
-HANGERS/PAIL/VELCRO/LANTERN/SCREWS/
-FILTERS/SHOVELS-FACILITIES DEPT/FIRE DEPT/
-POLICE DEPT/STREET MAINT/PARK MAINT/
UTILITIES DIVISION
-EMERGENCY BLANKETS/RECOVERY COTS/SAFETY 660.02
MANUALS-UTILITIES DIVISION
-PLOW SHOE ASSEMBLIE/RIVETS/COTTER PINS- 53.34
SEWER DEPT
-VALVES/OILER/DOOR AIRLIFT REPAIR KIT/
349.20
-LUBRICANT/CHAIN ROLLER/DOOR REPAIR-
POLICE BLDG/PUBLIC WORKS BLDG
-POWER STEERING HOSE & FITTINGS/SWITCH
34.39
ASSEMBLY-EQUIPMENT MAINTENANCE
-NOVEMBER 91 EXPENSES/DUES-PARK &
317.00
RECREATION DEPT
MILEAGE/EXPENSES-FIRE DEPT 89.80
AUGUST & SEPTEMBER 91 LEGAL SERVICE 33543.72
LIABILITY INSURANCE 43753.67
FIRE GEAR REPAIRED-FIRE DEPT 35.00
-EXPENSES-FIRE DEPT/GIFT CERTIFICATES- 179.92
BASKETBALL PROGRAM
20703 HOLMSTEN ICE RINKS INC
20704 HORIZON GRAPHICS INC
20705 HUSTAD
20706 MICHAEL W JACQUES
20707 INDEPENDENT SCHOOL DIST 0272
20708 INDUSTRIAL LIGHTING SUPPLY INC
20709 INTL SOCIETY OF ARBORICULTURE
20710 ISFSI
20711 BRUCE ISAACS
20712 GARY ISAACS
20713 JEMS MAGAZINE
20714 E F JOHNSON CO
20715 N CRAIG JOHNSON MAI
20716 CARL JULLIE
20717 JUSTUS LUMBER CO
20718 KAEDING & ASSOCIATES INC
20719 LYNN KALFSBEEK
20720 ELYCE KASTIGAR
20721 SCOTT A KIPP
20722 KOSS PAINT & WALLPAPER INC
20723 KRAEMERS HOME CENTER
20724 LAB SAFETY SUPPLY
20725 LAHASS CORPORATION
20726 LAKE COUNTRY DOOR
20727 LAKELAND FORD TRUCK SALES
20728 ROBERT LAMBERT
20729 CINDY LANENBERG
20730 LANG PAULY & GREGERSON LTD
20731 LMCIT
20732 LEAANNS SEWING/CUSTON DECORATING
20733 LIONS TAP
9350258
DECEMBER 17.1991
EXPENSES-FIRE DEPT 34.95
MILEAGE-OUTDOOR CENTER PROGRAMS 116.00
SUBSCRIPTION-HUMAN RESOURCES DEPT 18.97
FIRE CALLS 858.00
-JANUARY 91 COMPUTER SOFTWARE MAINTENANCE 1282.00
AGREEMENT-POLICE DEPT
TOWING SERVICE-EQUIPMENT MAINTENANCE 363.00
SOFTBALL OFFICIAL/FEES PAID 176.00
BUS SERVICE-ADULT PROGRAMS 173.50
EMPLOYMENT ADS-HUMAN RESOURCES DEPT 450.00
-SPRAY PAINT/NUTS & BOLTS/WINDOW COVER/ 421.60
-DUCT TAPE/GRINDING WHEELS/SCREWS/PIPE/
-WASHERS/BULBS/BRACKETS/NUMBERS/STRAPS/
ANTI-FREEZE/BELTS-PARK MAINT/COMMUNITY CER
TONER-POLICE DEPT 190.45
DESK LOCK REPAIR-FACILITIES DEPT 56.00
CONFERENCE-HUMAN RESOURCES DEPT 35.96
REFUND-HYDRANT METER DEPOSIT 534.07
OFFICE SUPPLIES-CITY HALL/POLICE DEPT 2383.00
PAGER SERVICE-WATER DEPT 16.74
LAB TEST-POLICE DEPT 118.00
SUPPLIES-LIQUOR STORE 360.15
-BUSINESS CARDS-EQUIPMENT MAINT/RECREATION 71.01
ADMINISTRATION
FIREARMS SAFETY CLASS INSTRUCTOR/FEES PAID 150.00
KNEE BOOTS/CALCULATOR-FIRE DEPT 390.00
CONFERENCE-POLICE DEPT 80.00
DUES-FIRE DEFT 210.00
EMPLOYMENT ADS-HUMAN RESOURCES DEPT 153.00
REFUND-OVERPAYMENT OF SPECIAL ASSESSMENT 28.50
VACUUM TUBE-FACILITIES DEPT 60.00
RADIO REPAIRS-FIRE DEPT 368.40
FIRE CALLS 1206.00
SAND-STREET MAINTENANCE 3180.56
WATER METER REPAIRS-WATER DEPT 709.55
EMPLOYMENT ADS-HUMAN RESOURCES DEPT 295.00
FILM/BATTERIES-ASSESSING DEPT/POLICE DEPT 350.69
CALENDAR-RECREATION SUPERVISOR 5.75
-MINUTES-CITY COUNCIL/HUMAN RIGHTS & 225.00
SERVICES COMMISSION
6 BOOSTER PUMP SYSTEMS-WATER DEPT 2550.00
-ASPHALT REMOVAL & REPLACEMENT-ROBERTS DR 3270.19
-BIKE TRAIL/WATER MAIN REPAIR/DRAIN TILE
LOCATED-RILEY LAKE PARK
SUPPLIES-LIQUOR STORE 119.70
FEES-BOND PAYMENTS 1250.00
-CABLE HOOKS/CABLE-ORGANIZED ATHLETICS 11.01
PROGRAM
-SERVICE-HOUSE REMODELING-12492 SANDY 2470.00
POINTE RD-HOUSING REHABILITATION PROGRAM
MILEAGE-BUILDING INSPECTIONS DEPT 37.50
-MONITOR PLANT FOR SOURCE OF CARBON 704.74
MONOXIDE-WATER DEPT
-PHYSICAL EXAMS/STRESS TESTS-FIRE DEPT/ 877.00
POLICE DEPT
20734 LUNDS
20735 RODERICK MACRAE 0,,736 MACWORLD
37 REGAN NASSEE
'4)738 MASYS CORPORATION
20739 MATTS AUTO SERVICE INC
20740 CARLSTON MCKENZIE
20741 MEDICINE LAKE LINES
20742 MENDIO PUBLISHING SERVICE
20743 MERLINS HARDWARE HANK
20744 METRO SALES INC
20745 METRO SYSTEMS FURNITURE
20746 KAREN MICHAEL
20747 MIDWEST ASPHALT CORP
20748 MIEWEST BUSINESS PRODUCTS
20749 MINNCOMM PAGING
20750 MINNEAPOLIS HEALTH DEPARTMENT
20751 MINNESOTA BAR SUPPLY INC
20752 MINNESOTA BUSINESS FORMS
20753 MN DEFT; OF NATURAL RESOURCES
20754 MN CONWAY FIRE & SAFETY
20755 MINNESOTA SAFETY COUNCIL INC
20756 MN STATE FIRE DEPT ASSN
757 MN SUBURBAN PUBLICATIONS
158 MINNESOTA TITLE
20759 MODEL CRAFT ELECTRIC
20760 MOTOROLA INC
20761 JAMES MROZLA
20762 NM MUELLER & SONS INC
20763 MUNITECH INC
20764 NATIONAL BLACK REVIEW
20765 NATIONAL CAMERA EXCHANGE
20766 NOOA PUBLICATIONS
20767 JAN NELSON
20768 CITY OF NEW BRIGHTON
20769 JP NOREX INC
20770 NORTH STAR ICE
20771 NORWEST BANK MINNESOTA NA
20772 OLSON TRUE VALUE HARDWARE
20773 OPEN CLASS CONSTRUCTION
20774 DAN OTTER
20775 PACE LABORATORIES INC
90776 PARK NIOOLLET MEDICAL CENTER
2636199
DECEMBER 17.1991
20777 PATRICK & CO
20778 PEDERSON SELLS EQUIPMENT CO INC
20779 PEPSI COLA COMPANY
20780 PERSONNEL POOL
20781 T A PERRY ASSOCIATES INC
20782 THE PINK COMPANIES
20783 PITNEY BOWES INC
20784 PLANO PROP
20785 PRAIRIE ELECTRIC COMPANY INC
20786 PRAIRIE HARDWARE
20787 PRAIRIE HARDWARE
20788 PRECISION BUSINESS SYSTEMS INC
20789 PROFESSIONAL COMPUTER SERVICES
20790 PSQ LEASING & MAINTENANCE
20791 PUMP & METERS SERVICE INC
20792 RETAIL DATA SYSTEMS OF MN
20793 REUTER RECYCLING INC
20794 RITZ CAMERA
20795 ST PAUL BOOK & STATIONERY CO
20796 SALUDOS HISPANOS INC
20797 SANCO INC
20798 CITY OF ST PAUL
20799 DENNIS SCHIMMEL
20800 KEVIN SCHMIEG
20801 SEELYE PLASTIC INC
20802 ALAN SHILEPSKY CONSULTING INC
20803 STEVEN R SINELL
20804 ERIC SIT
20805 SNYDER DRUG STORES INC
20806 SOUTHWEST SUBURBAN PUBLISH INC
20807 SOUTHWEST SUBURBAN PUBLISH INC
20808 THE SPECTACLE SHOPPE INC
20809 SPS/JM OFFICE PRODUCTS INC
20810 THE STATE CHEMICAL MFG CO
20811 STATE SUPPLY COMPANY
20812 STOREFRONT/YOUTH ACTION INC
20813 SUBURBAN CHEVROLET
20814 JIM SUNDBERG
20815 SUPERAMERICA
1806925
DOG & PET LICENSE TAGS-CITY HALL 276.95 COUPLINGS-EQUIPMENT MAINTENANCE 67.20 CARBON DIOXIDE TANKS-COMMUNITY CENTER 4.tc 00
-SERVICE-PARK MAINTENANCE/DRAINAGE CONTROL 574 .16
DEPT/WATER DEPT
COOLANT CONTROL PANEL REPAIRED-POLICE BLDG 667.75
CHAIR DOLLIES-HOMEWARD HILLS PARK 125.32 POSTAGE METER RENTAL-CITY HALL 128.25 REFUND-OVERPAYMENT UTILITY BILLING 8.77
-RECEPTACLES REPAIRED/REPLACED SWITCHES- 156.20
FIRE STATION
BROOM-SEWER DEPT 9.77
-WIRE/ICE SCOOPS/RIVETS/VISE GRIPS/CLAMPS/ 100.79
-BRACKETS/ANCHORS/HOOKS/MARKERS/SIGNS-
FACILITIES DEPT
PORTABLE DICTAPHONE-PARK & RECREATION DEFT 349.00
-COMPUTER SOFTWARE INSTALLATION/KEYBOARD/
1805.00
-MONITORS/MEMORY BOARD/HARD DRIVES-POLICE
DEFT
DECEMBER 91 MAINT AGREEMENT-CITY HALL 488.50
-REBUILT DIESEL NOZZLE/REPLACED DIESEL 320.51
VALVE-EQUIPMENT MAINTENANCE
CASH REGISTER RENTAL/RIBBONS-LIQUOR STORES 306.89 WASTE DISPOSAL-PARK MAINTENANCE 48.97
-FILM/FILM PROCESSING/PICTURE FRAMES- 151.03
-POLICE DEPT/FIRE DEPT/FORESTRY DEPT/
OUTDOOR CENTER/WATER DEPT
-OFFICE SUPPLIES-POLICE DEPT/PARK PLANNING 83.92 DEFT/COMMUNITY CENTER
EMPLOYMENT AEG-HUMAN RESOURCES DEPT 1 00
-CLEANING SUPPLIES/ICE MELTER-FACILITIES 570.56
DEPT/COMMUNITY CENTER
SCHOOL-POLICE DEPT 645.00 BASKETBALL OFFICIAL/FEES PAID 96.00 -OCTOBER & NOVEMBER 91 EXPENSES-BUILDING 400.00 INSPECTIONS DEPT
-PVC PIPE/COUPLINGS/ADAPTORS/BUSHINGS/ 174.24 FITTINGS-WATER DEFT
SERVICE-R-BASE DATABASES-STREET DEPT 126.00 NOVEMBER 91 EXPENSES-ASSESSING DEFT 201.50 KARATE INSTRUCTOR/FEES PAID 201.60 FILM PROCESSING-RECREATION SUPERVISOR 6.29 EMPLOYMENT ADS-HUMAN RESOURCES DEFT 90.09 ADVERTISING-LIQUOR STORES 531.70 PROTECTIVE EYEWEAR/CASE-FIRE DEPT 84.00 OFFICE SUPPLIES-FIRE DEPT/WATER DEPT 46.18 WINDSHIELD CLEANER/ICE REMOVER-WATER DEPT 224.71 WATER CLOSET SEATS-FACILITIES DEFT 99.20 -3RD QTR 91 YOUTH COUNSELING & REFERRAL 2575.00 SERVICES-COMMUNITY SERVICES DEPT
-FLASHERS/NOZZLE ASSEMBLIES/BRAKE PADS/ 889.34 -WASHERS/MAT/CYLINDER ASSEMBLIES/SPEAKERS/
BELTS/SUNSHADES-EQUIPMENT MAINT/WATER DEFT
PAINT KITS-FIRE DEFT 75.9C GAS-EQUIPMENT MAINTENANCE 3E
A49
183.00
240.00
39.95
190.47
40.00
1393.43
-POMPONS-AFTERNOON PLAYGROUND PROGRAM/
-SPECIAL TRIPS & EVENTS PROGRAM/SOCIAL
-PROGRAM/PRESCHOOL PROGRAM/AFTERNOON
ADVENTURE PROGRAM
DEPT
-ACETYLENE-EQUIPMENT MAINT/CARBON DIOXIDE 84.80
CYLINDERS-COMMUNITY CENTER
-WASHERS/NUTS & BOLTS/PINS/CAPS/WINTER 651.92
GLOVES/PIPE REDUCERS/SEALS-EQUIPMENT MAINT
-CONSTRUCTION OF LIGHT SYSTEM FOR COUNCIL 120.00
CHAMBERS-FACILITIES DEPT
FLAG REPAIR-FACILITIES DEPT 15.75
CHEMICALS-POOL OPERATIONS-COMMUNITY CENTER 147.00
LIGHT BULBS-FACILITIES DEPT 313.24
LAB SUPPLIES-WATER DEPT 107.00
GROMMET-SEWER DEPT 4.56
.-BALL VALVES/109 PRESSURE REGULATORS- 5528.83
-$2927/1 2 IN 1000 GAL METER-$455/HOSE CAPS
-WITH CHAINS/RUBBER GASKETS/CLAMPS/NUTS &
-BOLTS/COUPLINGS/HYDRANT EXTENSIONS/WHEEL
REMOTE READERS-WATER DEPT
CABLE CLAMPS-COMMUNITY CENTER 79.40
MILEAGE-SENIOR CENTER 44.18
MINUTES-CITY COUNCIL 150.00
REFUND-OVERPAYMENT UTILITY BILLING 42.41
1ST AID SUPPLIES-CITY HALL/EQUIPMENT MAINT 152.85
-LUBRICANTS/CHOKE & CARBURETOR CLEANER- 413.65
EQUIPMENT MAINTENANCE
-EVALUATE/CALIBRATE & TEST 2 WELL ENGINES- 700.00
WATER DEPT
-BUILDING MATERIALS-HOUSING REHABILITATION 2428.29
PROGRAM
8.83
4130.00
280.35
74.10
63.00
109.01
,
SERVICE-SOIL TESTS-PARK MAINTENANCE 28.50
-COMPUTER SOFTWARE REPAIR/HARD DRIVE-POLICE 385.00
DECEMBER 17.1991
20816 BRAD SWANSON
20817 SWEDLUND SEPTIC SERVICE
818 SCOTT TAYLOR
819 KATHERINE TEKIELA
20820 TNEMEC COMPANY INC
20821 TRIAROO ARTS & CRAFTS INC
20822 TURF SUPPLY COMPANY
20823 TWIN CITIES COMPUTER RESOURCES
20824 TWIN CITY OXYGEN CO
20825 UNLIMITED SUPPLIES INC
20826 MARK VANDENI3ERGHE
VAUGHN DISPLAY
VIKING LABORATORIES INC
VOSS LIGHTING
VWR SCIENTIFIC INC
WALDOR PUMP & EQUIP CO
WATER PRODUCTS COMPANY
WATERITE INC
SANDRA FWERTS
ROBERTA WICK
WINDSONG ASSOC
ZEE MEDICAL SERVICE
ZEP MANUFACTURING COMPANY
20839 ZIEGLER INC
20840 PAUL ZIVALICH
19939 VOID OUT CHECK
20143 VOID OUT CHECK
20285 VOID OUT CHECK
20338 VOID OUT CHECK
20365 VOID OUT CHECK
20420 VOID OUT CHECK
883894
HOCKEY OFFICIAL/FEES PAID
SERVICE-OUTDOOR CENTER
SNOWMOBILE WEAR BARS-FIRE DEPT
CRAFT INSTRUCTOR/SUPPLIES-SENIOR PROGRAMS
FREIGHT-WATER DEPT
-CONSTRUCTION PAPER/YARN/PAINT/MARKERS/
$798019.11
20827
20828
20829
20830
20831
20832
( J833
20834
20835
20838
20837
20838
DISTRIBUTION BY FUNDS
10 GENERAL
12 CERTIFICATE DEBT FD
15 LIQUOR STORE-P V M
17 LIQUOR STORE-PRESERVE
21 POLICE DRUG FORFEITURE
31 PARK ACQUIST & DEVELOP
33 UTILITY BOND FUND
45 UTILITY DEBT FD ARB
47 89 RECREATION REFUNDING
51 IMPROVEMENT CONST FD
55 IMPROVEMENT DEBT FUND ARB
60 IMPROVEMENT CONST FUND
61 IMPROVEMENT DEBT FUND
62 IMPROVEMENT CONST FD
73 WATER FUND
77 SEWER FUND
79 RALF
81 TRUST & ESCROW FUND
87 CDBG FUND
$798019.11
347297.23
250.00
116805.29
66808.79
25.00
1284.28
1703.31
500.00
204.79
10174.04
278.50
143209.62
250.00
20640.08
75829,59
3178.08
3055.23
1846.99
4898.29
"--)
Resolution No. 91-269
A RESOLUTION OF THE CITY OF EDEN PRAIRIE,
HENNEPIN COUNTY, MINNESOTA, AUTHORIZING THE
EXECUTION OF THE FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT RELATING TO THE CITY OF
EDEN PRAIRIE, MINNESOTA, MULTI-FAMILY HOUSING
REVENUE BONDS (SERIES 1989) SLIM SHORES PROJECT
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C (the
"
A
c
t
"
)
,
t
h
e
C
i
t
y
issued
its Multi-Family Housing Revenue Bonds under an Indenture o
f
T
r
u
s
t
d
a
t
e
d
a
s
o
f
A
p
r
i
l
1
,
1
9
8
9
,
between the City of Eden Prairie, and Marquette Bank Minneap
o
l
i
s
,
N
A
.
;
WHEREAS, as part of the issuance of the Multi-Family Housing Re
v
e
n
u
e
B
o
n
d
s
t
h
e
C
i
t
y
of Eden Prairie. the Housing and Redevelopment Authority for an
d
o
n
b
e
h
a
l
f
o
f
t
h
e
C
i
t
y
o
f
E
d
e
n
Prairie and Elim Shores, Inc., entered into that certain Developm
e
n
t
A
g
r
e
e
m
e
n
t
d
a
t
e
d
a
s
o
f
A
p
r
i
l
1, 1989;
WHEREAS, the Development Agreement was entered into for the p
u
r
p
o
s
e
o
f
s
e
t
t
i
n
g
f
o
r
t
h
the parties' respective rights and obligations concerning developm
e
n
t
,
c
o
n
s
t
r
u
c
t
i
o
n
,
f
i
n
a
n
c
i
n
g
,
a
n
d
financial assistance in connection with Elirn Shores, a 64-unit ren
t
a
l
a
p
a
r
t
m
e
n
t
project for elderly
persons of moderate and low income, together with common recr
e
a
t
i
o
n
a
n
d
s
u
p
p
o
r
t
f
a
c
i
l
i
t
i
e
s
,
located at 7900 Timberlake Drive, Eden prairie, Minnesota (the
"Project"):
WHEREAS, the Project has been successfully developed and is in operation by the
Developer in accordance with the Development Agreement;
WHEREAS, the parties hereto mutually desire to amend certa
i
n
p
r
o
v
i
s
i
o
n
s
o
f
t
h
e
Development Agreement pursuant to Section 6.3 thereof, for the p
u
r
p
o
s
e
o
f
qualifying die Project
for classification as "4c property" under Minnesota Statutes, Sect
i
o
n
s
2
7
3
.
1
3
,
S
u
b
d
i
v
i
s
i
o
n
2
5
a
n
d
273.1317;
NOW, THEREFORE, be it resolved by the City of Eden Prairie, M
i
n
n
e
s
o
t
a
,
a
s
f
o
l
l
o
w
s
:
1. The City hereby authorizes execution of the First Amendment t
o
D
e
v
e
l
o
p
m
e
n
t
Agreement in substantially the form attached hereto but with su
c
h
v
a
r
i
a
t
i
o
n
s
,
o
m
i
s
s
i
o
n
s
,
a
n
d
insertions as may be approved by the officers executing the sa
m
e
,
w
h
i
c
h
a
p
p
r
o
v
a
l
s
h
a
l
l
b
e
conclusively evidenced by such execution.
2. This resolution shall be in full force and effect from and after its passage.
Adopted by the City Council on December 17, 1991.
[SEAL]
ATTEST:
City Clerk
Mayor
2
;2.(053
MEMORANDUM
TO: Parks, Recreation and Natural Resources Commission
THROUGH: Robert A. Lambert, Director of Parks, Recreation & Natural Resources
FROM: Stuart A. Fox, Manager of Parks and Natural Resources
DATE: December 13, 1991
SUBJECT: Implementation Procedures for Wildlife Management Plan
The subcommittee of the Parks, Recreation and Natural Resources Commission has been working
on development of a City-wide wildlife management plan. With the great diversity of wildlife
habitat adjacent to our ever-enlarging urban areas, the pressures brought to bear upon Eden
Prairie residents by wildlife has increased in recent years. The committee therefore has
recommended that a Comprehensive Wildlife Management Plan would help balance the needs,
concerns, and community growth with the idea of wildlife protection, preservation, and
enhancement where possible.
The staff has discussed the implementation of this plan and has come up with the following
suggestions as to the handling and response to citizen complaints.
1. Initial complaints about wildlife
The staff would like to recommend that all complaints regarding wildlife be directed to
the Police Department; namely, the Animal Control Officer. The reason for doing this
is to give a central clearing house to all complaints, thereby ensuring that the "chain of
command" is followed and that citizens making inquiries about wildlife management get
consistent answers each time they make an inquiry.
2. Initial visit by Animal Control Officer
Following the initial complaint by a citizen, an Animal Control Officer would visit the
person and determine if the wildlife situation involved there was either a threat to human
health and safety or was not an immediate threat. Based on their evaluation of the
situation, one of the two following scenarios would be followed:
a. If a threat to health and safety, the Animal Contiol Officer would take care of the
problem at hand either by immediate removal or trapping of the wildlife involved
with the complaint. The Animal Control Officer may schedule follow-up visits
if necessary to check traps or monitor the situation to see if it continues.
Implementation Procedures for Wildlife Management Plan
December 9, 1991
Page 2
b. If the situation is not a threat to human health and safety, the Animal Control
Officer would discuss the problem with the homeowner and suggest possible
solutions. In addition, the Animal Control Officers would have wildlife
management sheets to give to the property owners that would have more specific
information related to that particular animal and its general behavior and food
requirements. Additional follow-up may be necessary to determine exactly what
size animal population is being dealt with, or if this was an isolated incident.
c. If a complaint does not immediately affect the health and safety of individuals but
is large enough to effect multiple property owners, the Animal Control Officer
would take all the above steps such as discussing, suggesting and handing out
information; however, if the particular wildlife complaint is such that it is
apparent that the problem exceeds normal perimeters for the amount of wildlife
in the area, the Animal Control Officer would take an additional step, and that
would be to outline the wildlife management request form. The form would be
used in those cases where the citizens feel that the magnitude and scope of the
wildlife problem needs to be addressed by the City staff, the Parks, Recreation
and Natural Resources Commission and/or City Council.
The complainant will also be informed that as determined by the Council they
may be responsible for any extraordinary costs to mitigate the wildlife problem.
The City will share in the cost of mitigation where City property is affected.
After a wildlife management request form is filled out it would be submitted to the Parks,
Recreation and Natural Resources staff. A review would be conducted by the staff in
conjunction with the Animal Control Officer to get a complete picture of what the problem is
and possible solutions for the wildlife problem. At this time, the staff would also involve other
specific government agencies where necessary, such as the Minnesota Department of Natural
Resources, The US Fish and Wildlife Service, or other agencies when necessary.
In addition, where appropriate, the staff will develop or produce a land ownership map of the
area to assist with solicitation of additional comments or correspondence related to the wildlife
complaint that has been received.
Once all this raw data has been compiled, the staff will put together a report to the Parks,
Recreation and Natural Resources Commission outlining the problem, the area affected, the costs
related to mitigate the problem, and the recommendations of the City staff and other agencies
related to mitigation of this wildlife concern or problem. Following review by the Parks.
Recreation and Natural Resources Commission, this information would then be forwarded to the
City Council.
SAF:mdd
wildlife/stu
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-260
RESOLUTION ADOPTING CITY WILDLIFE MANAGEMENT PLAN
WHEREAS, the City of Eden Prairie has recognized the value of protecting and
preserving a significant amount of natural resources, such as lake shores, creek valleys, marshes
and wooded hills, and
WHEREAS, the value of these natural resources provide not only scenic beauty but
habitat for a wide variety of wildlife, and
WHEREAS, it is also the City's obligation to manage these resources to maintain a
proper balance and co-existence with man, and
WHEREAS, development has eliminated predators to several species of wildlife living
within the community, and
WHEREAS, management practices may require occasional removal or reduction in
number of some species, and
WHEREAS, the Parks, Recreation and Natural Resources Commission has developed a
management plan that provides for notifying other affected property owners and appropriate
governmental agencies prior to removing specific types of wildlife, and
WHEREAS, removal of any significant numbers of wildlife will require a formal review
by the Parks, Recreation and Natural Resources Commission and approval by the City Council,
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
The Wildlife Management Plan as outlined in the attached memorandum titled
"Implementation Procedures for Wildlife Management Plan" is approved.
ADOPTED, by the Eden Prairie City Council on December 17, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frarte, City Clerk SEAL
24,S6
City of Eden Prairie
City Offices
7600 Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262
COPIES TO:
City Manager
Police Chief
PRNR Director
Other
DNR
U.S. Fish Wildlife
Hennepin Parks
WILDLIFE MANAGEMENT REQUEST FORM
ATTENTION: DEPARTMENT OF PARKS, RECREATION & NATURAL RESOURCES
Date Filed: Received By:
Applicant:
Property Location:
Phone Number:
Property Type: 0 Residential 0 Commercial 0 Office 0 Industrial
Property Owner (if other than above):
Briefly describe general property setting (i.e. existence of water, natural habitat, wetland, etc.)
and adjacent land use (attach map if available):
Property Size (approx. acres: Approx. % of Property Affected:
Type of Wildlife Problem: 0 Beaver 0 Deer III Goose 0 Racoon Other
2(,J,
,r,,cw,
Page 2 of 2
Briefly describe problem below (attach additional pages for detailed explanation):
Does anyone else in your area believe a wildlife problem exists? D Yes 0 No
Have you or anyone else in your area ever contacted the City or DNR regarding the problem?
If so, who and when? 0 Yes DNo
How do you believe this problem could best be resolved (what would you like done)?
Please attach separate pages, as necessary, with names and addresses of affected, surrounding
property owners and obtain signatures from those that would consent to wildlife removal.
Answer Only for Geese Problem:
Approximate average number of geese typically residing on property:
Number of Adults: (this year) (last year) Number of Goslings:
How many homes or businesses abut your property? (homes) (other)
How many people reside and/or use general area on or adjacent to property?
If so, how many?
RETURN COMPLETED FORM AND ADDITIONAL PAGES (INCLUDING ANY
SUPPORTING DOCUMENTATION TO: ADDRESS ON FIRST PAGE.
wildformktu
-MEMORANDUM-
TO: Mayor and City Councilmembers
FROM: Eugene A. Dietz, Director of Public Works
DATE: December 12, 1991
SUBJECT: TIF Capital Projects Status Report
ACTION REQUESTED
The TIF Capital Projects Study Report is appended to this memorandum to allow council to
review the conclusions drawn by the T1F committee approximately one year ago. In the
intervening time period, a great deal of discussion has focused on alternative uses for the
available funds, but no specific decisions have been made. The following course of action is
suggested:
1. Discussion should be held at council level to identify spending priorities for the
money generated through tax increments.
2. Based on these conclusions, the staff should be directed to develop a proposed
finance plan and project list.
3. Schedule a public hearing to comply with statutory requirements for adoption of
a final project list and construction schedule.
4. Authorize consultant selection for critical projects -- signals at Leona Road/I69;
signals at Prairie Center Drive/Singletree Lane; and 2.0 MG elevated storage
facility.
BACKGROUND
During the past 12 months, a number of alternative spending plans have been discussed
regarding utilization of tax increments collected in the major center area. Due to the uncertainty
of which projects might surface as priorities, very little advancement of the projects has
occurred. In order to make amLndments to the Tax Increment Financing Plan, a public hearing
must be held to adopt a specific project list. The TIF committee decisions are summarized in
the report on Page 3 and included adding a surcharge project for Technology Drive, several
sidewalk and trail segments and an intersection improvement to Prairie Center Drive east of
T.H. 169 to the original April, 1990 project list as adopted by the City Council through the
public hearing process.
J •-•
TIF Capital Projects Status Report
Page 2 of 4
December 12, 1991
Since the committee prepared that report, two alterations to the project list have become evident.
First of all, the surcharge project for Technology Drive was intended to allow for the City to
act on behalf of MnDOT to commence an early soil correction for the realignment of
Technology Drive made necessary because of impending T.H. 212 construction. Most recently,
the MnDOT has prepared plans and specifications to perform the work under their jurisdiction,
but the Corps of Engineers will not grant a permit for construction to commence until the final
EIS for T.H. 212 is complete. This action is not expected until approximately March, 1992.
Therefore, the planned expenditure in 1991 for surcharge of Technology Drive and
reimbursement by MnDOT in 1993 will not occur.
The second change has been the accommodation of an extension of Columbine Road through the
Wal-Mart property. The estimated cost for this work is $400,000.
A new cash-flow summary is appended which has the following characteristics:
• Loss of $700,000 in interest income due to lower than anticipated interest rates as
estimated in 1990
• Inclusion of $700,000 in T1F transfers to the general fund that was not originally
included
• Addition of Columbine through the Wal-Mart property ($400,000)
• Deletion of $618,000 of the cost for an elevated tank (to be paid from trunk funds)
• Reducing the estimated City share of TH 212 by $285,000 - assumed to be a more
realistic figure
• Deletion of the W. 78th Street project ($1,011,000). This project will actually be
constructed with the 1-494 improvement project.
• Deletion of the segment of Technology Drive project between Prairie Center Drive and
T.H. 169. This was the last priority project.
After making the adjustments, the result is a net balance of (negative) $18,600, which for budget
purposes indicates a balanced cash-flow for the projects.
The City Council needs to develop a recommended final project list and proceed to a public
hearing for adoption. However, it would be desirable to advance toward design on three of the
projects as soon as possible. First of all, the signalization project at Leona Road/T.H. 169 has
TIF Capital Projects Status Report
Page 3 of 4
December 12, 1991
gone through the study phase and the MnDOT has concurred with the conclusion that signals
are warranted. Funding could be made available for the project from MnDOT, however, not
until Fiscal Year 1995 based on their current priority list. Due to concerns expressed by area
property owners during the Cub Food hearing process, we would recommend that the project
be funded with tax increments and that council authorize the firm of Benshoof and Associates
to commence final design of the installation. This project was not included in the April, 1990
approved project list and it would therefore be necessary to hold the public hearing on the final
project list prior to awarding a contract for this installation. Early in 1992, staff will present
City Council with information regarding commencement of a feasibility study for upgrading
Leona Road between T.H. 169 and Cub Foods to allow an advancement of that project to
accommodate anticipated traffic needs as a result of the Cub Food project approval.
Recently, there have been a number of requests regarding signalization of the intersection of
Singletree Lane and Prairie Center Drive. We would request that council authorize hiring the
firm of Westwood and Associates to analyze traffic warrants for the installation and proceed with
design if the criteria is met for the installation.
Finally, the need to proceed with design for the 2.0 MG elevated storage facility is becoming
critical. While we have a reasonable level of fire protection in the major center area with our
current system, we have some maintenance needs at our storage tank on Baker Road that cannot
occur without draining the tank. We cannot have the Baker Road storage facility out of service
for any length of time until the elevated tank in the major center area is on line. Therefore, we
are asking that Council authorize a consultant selection process to begin for that facility as soon
as possible. From authorization to signing a consultant contract it is likely to be at least a 60-
day process. Once a consultant is selected, one of the first study items would be to specifically
define a location for the elevated facility. One of the potential locations would be the properties
being considered for acquisition north of Singletree Lane along Eden Road.
The council asked that some investigation be done regarding the potential utilization of the lots
along Eden Road for a potential elevated storage tank. Although a consultant would review in
more detail, I have made some preliminary investigation and offer the following:
• St. Paul has an architectural tank in the Highland neighborhood, but it is only 200,000
gallons and is approximately 40 feet in height. For all practical purposes, the facility is
more of an amenity than a functional part of their water system. Minneapolis has at least
two ground storage tanks that have brick exteriors, but they are not in service and serve
no part of their water system. In fact, the Kenwood ground storage water tank is used
for video equipment relay and storage.
TIF Capital Projects Status Report
Page 4 of 4
December 12, 1991
• The needs in the major center area require a 2,000,000 gallon elevated tower that would
be 180-190 feet in height. If the tank were built in a similar style to the Hidden Ponds
elevated tank, the diameter of the tank would be 100 feet and the diameter of the pillar
at ground level would be 78 feet. The lots along Eden Road could accommodate the
structure, but the tank would dwarf the site and potentially the adjacent buildings.
• It would be possible to architecturally encase the elevated tank but the resultant structure
would be at least a 100-foot square (or similar shape) and nearly 200 feet high. In
essence, in order to put a masonite facade around the tank to enclose it, we would need
to build a very narrow free-standing 15 story building in order to make it a focal point
with architectural interest. We haven't had an opportunity to price such a structure, but
it is likely that it would equal or exceed the cost of the tank itself.
A number of the issues in the major center area have been sorted out at this point and it would
be appropriate to commence with discussion to develop a final project list and schedule a public
hearing for implementation of the capital improvements in the tax increment financing districts.
I will be available at the council meeting to discuss the issues in more detail.
EAD:ssa
Dsk:GD.TIF.91
TIF CASH FLOW
NEWTIFFLg
BAL 1/1 EXP REV INT INC BAL 12/31
1991 4544000
1992 5949640
1993 5349748
1994 4249333
1995 2211513
1996 480934
O'HEAD & OTHER =
AVAILABLE =
500000
2529000
2262000
2226000
1809000
513000
9839000
1000000
8839000
1600000 305640
1600000 329108
882000 279585
188180
78421
13466
4082000 1194400
5949640
5349748
4249333
2211513
480934
-18600 -01--
-18600
dir ks)/
147t11-‘6
TIF CAPITAL PROJECTS STUDY REPORT
NOVEMBER 29, 1990
4
TEF CAPITAL PROJECTS STUDY REPORT
NOVEMBER 29, 1990
RECOMMENDATION
The Tax Increment Finance Capital Projects Committee (TIF Committee) recommends that the
Eden Prairie City Council adopt a budget of $12,620,000 to finance construction of fifteen (15)
project categories in the existing development district. Utilizing revenues of approximately
$11,000,000 collected through tax increments (and accumulated interest) along with an estimated
$1.6 million dollars of funding secured by special assessments, the City of Eden Prairie can
make a major impact on transportation, utility and pedestrian needs for development in the
Major Center Area of the community. Table 1 lists the projects, associated budget estimates and
a prioritization by year for the completion of each.
STUDY PURPOSE AND BACKGROUND
On April 17, 1990, the Eden Prairie City Council held a public hearing for the purpose of
amending the development program for Development District No. 1 and amendment to Tax
Increment Financing Plan for Tax Increment Districts 2, 3, 4, 5, 6 and 7. Resolution 90-115
(Exhibit 1, Appendix) was adopted and generally provides that the Tax Increment Financing Plan
would continue through 1993 with a specific purpose of constructing capital improvements in
the project area. In response to the concern that the time frame for adoption of the projects was
short and that public input at the hearing was limited, the City Council appointed a committee
for the specific purpose of reviewing the projects and requested that a recommendation be
developed by the committee to provide priorities for the projects and an appropriate construction
schedule. In May, City Council appointed a seven member committee and approved the
committee assignment as shown on Exhibit 2 of the Appendix and generally summarized as:
"The Eden Prairie City Council seeks an independent, informed recommendation
from the community about the best way to address the available funding for TIF
Capital Improvements Projects in the vicinity of the Major Center Area."
STUDY PROCESS/IDENTIFICATION OF ISSUES
The committee began its work in June, 1990 with a presentation by a representative of
Springsted Public Finance Advisors. After analysis of applicable statutes regarding Tax
Increment Financing and upon review of these issues by Dorsey and Whitney Law Firm (see
Exhibit C, Appendix), the committee found that the following parameters were applicable to the
study process:
The City can hold monies derived from tax increments collected and apply them to the
payment of cost identified in the Tax Increment Financing Plan after the TIE District has
expired.
It is possible to expand the development district boundaries (but not any of the TIP
Districts) without penalty.
6 ,4 -
Additional projects may be added to the list as approved by City Council on April 17,
1990 without penalty.
Changes in the development district boundaries or approved project list will require the
same discussion, public hearing and findings as for the revisions made in April, 1990.
Any new district that might be established for Tax Increment Financing would subject
the City to "penalty" provisions of the revised statutes. The committee did not pursue
the concept of additional districts.
Based on money on hand and the expected collection of increments for the years 1990
through 1993, the principal amount of $9.3 million dollars is available for funding the
projects.
A number of the projects provide special benefit to adjoining properties and a portion of
the cost could be specially assessed.
The committee reviewed the projects as adopted by the City Council and found them to be a
fairly comprehensive list of construction activities necessary to develop the Major Center Area.
However, additional input from affected property owners and representative developers was
deemed an important element in developing a final recommendation to City Council. As an
alternative to seeking that information on an individual basis, the committee resolved to hold a
public meeting after mailed notification to affected individuals in the Major Center Area.
PUBLIC MEETING
On October 24, 1990, the T1F Committee convened a public meeting with a purpose of soliciting
input on the proposed list of projects as adopted by City Council. About 70 notices were mailed
to property owners in the development district and thirteen (13) persons attended the meeting.
After reviewing each of the projects as proposed, comments from the audience were received
and summarized as follows:
1. Consider adding a project to provide soil correction for a segment of Technology
Drive that will be realigned as part of the TH 212 project (see Exhibit 4,
Appendix). The contention is that installation of a surcharge along the proposed
realignment of the roadway would expedite the completion of the project when
TH 212 is constructed and that funds expended by the City would be reimbursed
by the Minnesota Department of Transportation. The cost estimate to perform
this work for budget purposes is $500,000.
2. Consider a rebate to John Teman and Bruce Bermal of $362,000 for right-of-way
acquisition and special assessments levied against their properties in 1985 for cost
associated with construction of Singletree Lane between Eden Road and Prairie
Center Drive (see Exhibit 5, Appendix). The contention is that the owners were
unfairly assessed for a higher percentage of the project costs as compared to
similar projects.
3. Consider utilizing some of the TIF funds to "buy-down" the cost of connection
fees for small restaurants. The contention is that a number of small, family-
2
owned type restaurants have expressed interest in moving to Eden Prairie. Due
to the high cost for sewer and water access charges, they are in effect priced out
of the market. Subsidizing smaller restaurants for these costs would then satisfy
a market demand in the community.
4. A request was made to defer construction of Columbine Road Extension to Prairie
Center Drive until the development plans for the property could be presented to
the City. The purpose in this delay would be to allow for better coordination
between development needs and roadway design.
COMMITTEE DECISIONS
The public meeting was adjourned and the committee came to consensus on the following
modifications to the project list:
1. Move the construction year of Columbine Road from 1991 to 1995 to allow
evaluation of development proposal.
2. Move the street lighting project from 1995 to 1991.
3. Move the intersection improvements at Valley View Road and the east leg of
Prairie Center Drive, generally described as BRW Traffic Projects, from 1994
to 1992.
4. Add a new project to the list to provide a surcharge of the new alignment of
Technology Drive, west of Prairie Center Drive to the 1991 project list.
5. Add an additional project to the 1992 construction year, generally described as
miscellaneous pedestrian trails/sidewalks for locations as follows:
a. Sidewalk and trail completion in the Southeast Quadrant of the "Ring
Road" -- along Prairie Center Drive between TH 169 and West 78th
Street.
b. A trail around the perimeter of Lake Idlewild.
c. A sidewalk along the east side of Top View Drive between Roberts Drive
and Valley View Road.
6. Include in the 1994 project list, generally referred to as BRW Traffic Projects,
a widening of Prairie Center Drive, east of TH 169 to provide for an extension
of the eastbound free-right turn lane to Joiner Way.
The results of the above listed decisions are reflected on Table I. Figure 1, is a map of the
development district showing project locations as identified by project numbers shown on Table
1. Table 2, provides a comprehensive list of the projects identified on Table 1 and a brief
description of each.
The request for "buy-down" of utility access charges for small restaurants was determined to be
an inappropriate use of TIF funds. While the committee generally agrees that the problem may
be a valid issue in the community, determination of an alternate source of funding was beyond
the scope of the committee assignment. City Council may wish to request an existing advisory
committee to further study the issue.
3
The committee was generally supportive of the request of Teman and Bermal concerning
Singletree Lane. Therefore, the committee requested that the City attorney prepare an opinion
on the use of TIF funds to reduce previously levied special assessments and for reimbursement
for previously dedicated easements. That opinion is appended as Exhibit 6 to this report and
essentially precludes accommodating the request.
CQNCLUSIONS
The committee went through a public process to identify additional projects and issues for a
capital improvements budget utilizing Tax Increment Financing. Based on the committee's
viewpoint of needs for the ultimate development of the Major Center Area, the projects shown
on Table 1 have been prioritized and a schedule of construction over a five-year period from
1991 to 1995 is recommended to the City Council.
Table 3, shows a cash flow analysis for the projects. Depending upon the interest rate that can
be realized from investment of the increments that are collected, the cash flow analysis generally
indicate that the combination of estimated revenue of $9.3 million dollars plus interest plus
special assessment revenue would support all the projects shown on Table 1. The cash flow
analysis shows that if investments can be made at 8% (current rate), revenues will exceed
expenditures by about $400,000. At 7% interest rate, expenses will exceed revenue by $100,000
and at 6%, approximately $200,000 of additional funding would be necessary to construct all
the projects. Since the recommended project list and schedule are based on budget estimates and
not final design estimates, some fluctuation in the final figures can be anticipated. The decision
to delete the lowest priority project or consider adding an additional project will need to be re-
evaluated on an annual basis as projects are constructed. If cash flow becomes a problem, the
committee suggests that City Council consider the potential of funding a portion of the water
system improvements through revenue supported bonds.
It is the conclusion of the TIF Committee that funding is essentially available for all the projects
shown on Table 1 and that the project list is comprehensive and represents the needs to fully
develop properties in the development district, generally referred to as the Major Center Area.
ACTION REOUIRED FOR IMPLEMENTATION
The TIF Committee recommends that the City Council pursue the following actions:
1. Adopt the TIF Capital Improvement Projects Budget as shown on Table I.
2. Schedule a public hearing to meet the statutory requirements to amend the project
list as recommended.
3. Authorize City Staff to proceed with development of plans and specifications
necessary to implement 1991 projects.
EAD:ssa
4
,e1
"tow'
TIP CAPITAL PROJECTS Cost By Year Projectt/Name 1991 1992 1993 1994 1995 Comments 1. Signals (a,g,i,j) (b,c,d,e,f,h) 8. Leona Road 14 Surcharge Technology Dr. 11 Street Lighting 5. Valley view Road 10 water System 2. Medcom Blvd. 7. Singletree Lane 15 Misc. Ped. Trails/Sidewalk 9. Th 212 12 Purgatory Creek Park 13 BRW Traffic Projects 6. Columbine Road 3. Technology Drive 4. W. 78th Street 316,000 200,000* 500,000 (500,000) 288,000 288,000 600,000* 1,618,000 1,000,000 221,000* 348,000 110,000 785,000 1,811,000 145,000 474,000 With project 13 562,000 by S.A. See 15 60,000 by S.A. 2yr.proj.(design/constr) 221,000 by S.A. MnDOT bid opening 1/93 Schedule with W.S.D. 500,000 513,000* 513,000 by S.A. 626,000* 157,000 by S.A. 1,011,000* 253,000 by S.A. $1,304,000 $2,730,000 $3,696,000 $ 974,000 $2,150,000 $1,766,000 by S.A. Assumptions 1. 5 yr. budget period 2. * assumes special assessments for a portion of project cost 3. Surcharge of Technology Drive will be reimbursed by MnDOT with TN 212 construction (shown as a cost in 1991, credit in 1993) TABLE 1
6
TABLE 2
Project List Description
1. Signals
a. Intersection of Prairie Center Drive and Franlo Road
b. Intersection of Columbine Road and Prairie Center Drive
C. Intersection of Singletree Lane and Prairie Center Drive
d. Intersection of Technology Drive and Prairie Center Drive
e. Intersection of Plaza Drive and Prairie Center Drive
f. Intersection of Plaza Drive and Valley View Road
8. Intersection of Technology Drive and Mitchell Road
IL Intersection of Fountain Place and T.H. 169
1. Ramp terminals at 1-494 and Valley View Road
J. Ramp terminals at 1-494 and Prairie Center Drive
2. Medcom Boulevard Extension from Joiner Way to Franlo Road
3. West 78th Street, widened to four lanes from Prairie Center Drive to CSAH 18
4. Technology Drive, widened to four lanes from Prairie Center Drive to CSAH 169
5. Valley View Road improved to urban section and construct permanent creek crossing,
northeast of Flying Cloud Drive
6. Columbine Road Extension to Prairie Center Drive
7. Singletree Lane widening and addition of turn lanes between Eden Road and T.H. 169
8. Leona Road reconstruction to provide new intersection with West 78th Street
9. City cost attributable to the MnDOT project to construct T.H. 212 between 1-494 and
Mitchell Road
10. Water system improvements
a. New 2,000,000 gallon elevated water storage
b. 20" diameter trunk watermain extension between water plant and Prairie Center
Drive
11. Permanent street lighting improvements in
a. Prairie Center Drive f.
b.
c.
e.
Technology Drive
Eden Road
Valley View Road
Major Center Area
West 78th Street
8. Columbine Road
h. Plaza Drive
i. Singletree Lane
12. City share of cost to create Purgatory Recreation Area Park improvements west of Prairie
Center Drive
13. Projects identified in the 1985 BRW Traffic Study
a. Additional turn lanes on Bryant Lake Drive at Valley View Road
b. Intersection improvements at Prairie Center Drive and Valley View Road
c. Through lane and intersection improvements on Prairie Center Drive between
Viking Drive and West 78th Street
d. Additional through lane in each direction on T.H. 169 at Prairie Center Drive and
extension of turn lane between T.H. 169 and Joiner Way on Prairie Center Drive
e. Intersection improvements at Washington Avenue and Valley View Road
14. First Phase soil correction (surcharging) of realigned Technology Drive west of Prairie
Center Drive in conjunction with T.H. 212 improvements
15. Miscellaneous pedestrian trails/sidewalks
a. Trails and sidewalks along each side of Prairie Center Drive east of T.H. 169 to
West 78th Street
b. Trail around Lake Idlewild
c. Sidewalk along east side of Top View Drive between Roberts Drive and Valley
View Road
.1(0(12-
TABLE 3
CASH FLOW ANALYSIS
61
BAL 1/1
EXP
REV
IN? INC BAL 12/31
1990
1991
1992
1993
1994
1995
3,300,000
5,367,450
6,064,417
5,334,422
2,756,067
1,918,211
0 1,815,000
1,304,000 1,668,000
2,730,000 1,668,000
3,696,000 882,000
974,000
2,150,000
252,450
332,967
332,005
235,645
136,144
50,593
5,367,450
6,064,417
5,334,422
2,756,067
1,918,211
- 181,196
10,854,000 6,033,000 1,339,804 - 181,196
BAL 1/1
3,300,000
5,409,525
6,164,932
5,497,307
2,969,628
2,169,412
EXP
0
1,304,000
2,730,000
3,696,000
974,000
2,150,000
REV
1,815,000
1,668,000
1,668,000
882,000
IN? INC
294,525
391,407
394,375
286,321
173,784
76,609
BAL 12/31
5,409,525
6,164,932
5,497,307
2,969,628
2,169,412
96,021
711
1990
1991
1992
1993
1994
1995
10,854,000 6,033,000 1,617,021
96,021
IN? INC SAL 12/31
BAL 1/1
3,300,000
5,451,600
6,266,288
5,663,111
3,189,600
2,431,808
EXP
REV
0 1,815,000
1,304,000 1,668,000
2,730,000 1,668,000
3,696,000 882,000
974,000
2,150,000
336,600
450,688
458,823
340,489
216,208
108,545
5,451,600
6,266,288
5,663,111
3,189,600
2,431,808
390,353
811
1990
1991
1992
1993
1994
1995
10,854,000 6,033,000 1,911,353 390,353
EXHIBITS
;,t'N
After some discussion, Councilmember
introduced the following resolution and moved its adoption:
RESOLUTION NO
RESOLUTION RELATING TO DEVELOPMENT DISTRICT
NO. 1 AND TAX INCREMENT FINANCING DISTRICTS
NOS, 2, 3, 4, 5, 6 AND 7; ADOPTING AMENDMENTS
TO THE DEVELOPMENT PROGRAM AND TAX INCREMENT
FINANCING PLANS THEREFOR
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the "City"), as follows:
Section 1 RPeitalS
1.01. On September 22, 1981, this Council designated
under Minnesota Statutes, Sections 469.124 to 469.134, as amended,
Certain land within the City as Development District No. 1 (the
"Development District") and adopted a Development Program
therefor. The Development Program was subsequently amended by
this Council on March 30, 1982 and May 17, 1983 (as so amended,
the "Original Program"). Pursuant to the Minnesota Tax Increment
Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as
amended (the "Act"), this Council has established Tax Increment
Financing Districts Nos. 1, 2, 3, 4, 5, 6 and 7 (collectively, the
"Districts") within the Development District and has adopted and
in some cases amended Tax Increment Financing Plans theretor '(as
originally adopted or, if amended, as so amended, the "Original
Plans") on the dates indicated below:
Tax Increment
D ..tr;or Nn.
Date of Adoption
or Am.n ,_ioert
Tax Increment
D 4 c,t-i-t. No.
Date of
Arino-4 nn
2 3/20/82; amended
5 5/17/83
5/17/83
3
11/16182; amended
6 8/16/83
5/17/83
4 3/15/83; amended
4/17/84
5/17/83
1.02. It has been proposed that the City further amend
its Development Program (the "Program Amendment") in order to
undertake additional development activities and to amend the
Original Plans (the "Plan Amendment") to Provide a means of
financing the capital and administrative costs to be incurred by
the City in undertaking the development activities authorized by
the Program Amendment. The Original Program as amended and
supplemented by the Progr„im Amendment is hereinafter referred to
as the "Program".
EXHIBIT 1 (Page 1 of 4)
,
.7V(111„)
1.03. Pursuant to Minnesota Statutes, Sections 469.126
and 469.175, the adoption of the Program Amendment and Plan
Amendment is for the consideration of this Council. On April 17,
1990, this Council conducted a public hearing on the desirability
of adopting the Program Amendment and the Plan Amendment. Notice
of the public hearing was duly published as required by law in the
Eden Prairie NPW, the official newspaper of the City on March
1990.
1.04. Members of the Board of County Commissioners of
Hennepin County, the Board of Education of Independent School
District No. 272 and the Board of Education of Independent
District No. 287 were given an opportunity to meet with the City
and comment on the Plan Amendment. At least 30 days before the
public hearing the City provided the county and the school
district boards with information on the fiscal and economic
implications of the Plan Amendment.
Section 2. Ariogaon_of_arso=ssa_Amens1=1. On the basis of the proposed Program Amendment prepared by officers of the City
and the information elicited from consultation with the planning
agency and at the public hearing referred to in Section 1.03, it
is hereby found, determined and declared:
2.01. The Council hereby ratifies and confirms its
determination that there is a need for new development in the area
of the City encompassed by the Development District to provide
employment opportunities, to improve the tax base and to improve
the general economy of the state. The Program Amendment proposes
that the City undertake certain additional public hiahway, street,
water system and park improvements to encourage the development of
land in the Development District. The Council hereby finds that
the proposed development activities to be undertaken pursuant to
the Program Amendment would improve the Development District by
encouraging private development of property therein, thereby
increasing employment and the tax base of the City and overlapping
tax jurisdictions. It is in the best interests of the City to
adopt the Program Amendment.
2.02. Upon review of the Program, the information
elicited at the public hearing, and on the basis of the findings
made in Section 2.01, this Council hereby adopts the Program
Amendment conditioned upon the submission of the Program Amendment
to the City's Planning Commission and upon the City's Planning
Commission finding that the Program Amendment conforms to the
general plan for the development of the City as a whole.
Section 3. Appreval nt Plan Ameadment On the basis of the Plan Amendment and the information elicited at the public hearing referred to in Section 1.03, it is hereby found,
determined and declared:
EXHIBIT 1 (Page 2 of 4)
3.01. The Plan Amendment provides the means to finance
the costs of the additional public highway, street, water system
and park improvements to be undertaken pursuant to the Program
Amendment. The Original Flans, as amended and supplemented by the
Plan Amendment (as so amended and supplemented, the "Plans")
Contain a statement of objectives for the improvement of the
Development District, a statement as to the development program
for the respective District and a statement of the property within
the Development District which the City intends to acquire. The
Plans also estimate the capital and administrative costs of the
Development District, the amount of bonded indebtedness to be
incurred, the sources of revenues to finance or otherwise pay
public costs of the respective District, the captured net tax
capacity of the respective District at completion and the duration
of the District. The Plans also describe and identify the
development activities to be undertaken or expected to be
undertaken in each District. The Plan Amendment further contains
an estimate of the impact of the proposed tax increment financing
on the net tax capacities of all taxing jurisdictions in which the
each District is located. -All the captured tax capacity is
necessary for the objectives of each District.
3.02. This Council hereby finds that the proposed
development of the Development District to be encouraged pursuant
to the Program Amendment would not, in the opinion of this
Council, occur solely through private investment within the
reasonably foreseeable future and that therefore the use of tax
increment financing is necessary. Improvements to the street and
highway access, traffic flow and the water supply are necessary in
Order to permit additional development to occur within the
Development District.
3.03. This Council hereby finds that the Plans conform
to the general plan for the development of thc City as a whole.
Under the general plan for the development of the City the
Districts are zoned so as to permit the uses proposed by the
Program Amendment.
3.04. This Council hereby ratifies and confirms that
the Plan Amendment will afford maximum cpportunity, consistent
with the sound needs of the City as a whole, for the development
of each the Districts by private enterprise. The development
activities contemplated in the Program Amendment would prcvide an
opportunity for a significant increase in employment opportunities
in the City and enhance the tax base of the City.
3.05. Upon review of the Plans, the information
elicited at the public hearing and on the basis of the firdings in
Sections 3.01 to 3.04, this Council hereby approves the Plan
Amendment.
EXHIBIT 1 (Page 3 of 4)
irector/Clerk
Section 4. Filing The Finance Director/Clerk is
hereby authorized and directed'to file the Program Amendment and
the Plan Amendment with the Commissioner of Revenue as required by
Minnesota Statutes, Section 469.175, Subdivision 2.
Mayor
Attest:
EXHIBIT 1 (Page 4 of 4)
Cr'
CityofEden Prairie
C 3 ' "Iftices
M._ Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262
-MEMORANDUM-
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
TIF Capital Projects Committee
City Manager, Carl Jullie
Director of Public Works, Eugene A. Dietz, P.E.
Charge to Committee
May 29, 1990
On May 15, the City Council appointed a seven-member committee to
review the capital improvements projects that are proposed to be
funded through Tax Increment Financing (TIF). The appointments
are:
- Bette Anderson - Bill Naegele
- George Bentley - Laurel Pennebaker
- Nancy J. Fletcher - Ed Schuck
- Karon Joyer
The Eden Prairie City Council seeks an independent, informed
recommendation from the community about the best way to address the
available funding for TIF Capital Improvements Projects in the
vicinity of the Major Center Area. The proposed tasks would
include:
1. Review the applicable TIF laws and regulations;
2. Review the TIF district boundaries;
3. Review of funding availability (including special assess-
ments);
4. Review the proposed capital projects list;
5. Establish a priority list of the improvement projects; and
6. Establish a schedule for eligible projects.
Attached to this memorandum is a listing of the projects that were
made eligible through the public hearing process for tax increment
financing. The list is formidable and obviously could not be
completed in a short timeframe. Therefore, establishing priorities
and a well defined schedule are the key ingredients to providing a
workable plan. As a committee, your recommendation will be an
essential element to be utilized by the City Council in
establishing that plan.
EXHIBIT 2 (Page 1 of 2)
Charge to Committee
Page 2 of 2
The committee should adhere to the following schedule in order to
accomplish its work in a timely manner:
1. Convene the full seven-member committee by June 30 to
establish committee assignments and meeting schedule.
2. Identify and discuss the issues included in the charge; gain
comments from residents, property owners, developers and City
staff; and formulate a program and schedule for implementation
by August 15, 1990.
3. Formulate the committee report by September 15, 1990.
4. Make the recommendation to City Council on October 2, 1990.
Given the time lines outlined above, the City Council will be able
to hold a public meeting on this important topic by October 16,
1990. Action by the Council is expected to follow shortly
thereafter.
We have tentatively scheduled the initial meeting for:
June 21, 1990
7:00 P.M.
City Council Chambers
City Hall
7600 Executive Drive
Eden Prairie, Minnesota
Please call Sharon Sullivan-Alvord at 937-2262 to confirm your
attendance.
EAD:ssa
Dsk.GD.CHARGE.TIF
EXHIBIT 2 (Page 2 of 2)
DORSEY & WHITNEY
r ProPeruoru. en•roarrsor•
3.10 PANE
NMI TORN. Now TORE WORN
(LUL11415 -v1100
1330 CONNECT-IL, AVENUE, N. IV.
NARRINOTON. C 11003.
oNS0 037: 0E00
3 o.crntrucn STREET
LONDON OCOY OAT. ENGLAND
01.41EI• 3334
-
JO. ROIS TRONCIIET
MOOS PAWN. FRANCE
01- 42-40-3s•AO
PAIR EAST FINANCE CENTER
ITONO NONCI
SEW -5- 0.10335
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VERLANE L ENDORF
16121340-2651
July 26, 1990
Mr. Gene Dietz, City Engineer
Mr. John Frane, City Finance Director/Clerk
7600 Executive Drive
Eden Prairie, Minnesota 55344
Re: Development District No. 1
Gentlemen:
The City of Eden Prairie has created the above
Development District, and within the Development District has
created several Economic Development Tax Increment Financing
Districts (the "TIF Districts") in accordance with the provisions
of the Minnesota Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174 through 469.179, as amended (the "Act"). All of
the bonds issued by the City to finance public improvements in the
Development District have now been retired, but moneys remain in
the funds established for the TIF Districts, and tax increments
are still being collected from some of the TIF Districts. In
April, 1990, the City amended the Development Program for the
Development District and the Tax Increment Financing Plan for the
TIF Districts to identify additional public improvements within
the Development District to be paid for from the tax increment
moneys on hand or to be collected from the TIF Districts.
Me have been asked whether the City can continue to hold
moneys derived from tax increments collected from a TIF District
and apply them to the payment of costs identified in the Tax
Increment Financing Plan after the TIF District has expired in
accordance with the Act. The provisions of the Act relating to
excess tax increments relate only to the situation where, in any
year, the tax increments collected exceed the amount of costs
identified in the Tax Increment Financing Plan. So long as tnere
are still costs identified in the Plan remaining to be paid, it is
our opinion that the tax increments collected from a TIF District
EXHIBIT 3 (Page 1 of 2)
DORSEY & WHITNEY
Mr. Gene Dietz, City Engineer
Mr. John Frane, City Finance Director/Clerk
July 26, 1990
Page 2
may be held for the payment of those costs, notwiths
t
a
n
d
i
n
g
t
h
a
t
the TIF District may have expired. Our opinion assu
m
e
s
t
h
a
t
t
h
e
City is proceeding in good faith and with reasonable
d
i
l
i
g
e
n
c
e
t
o
complete the additional improvements and will promptl
y
a
p
p
l
y
t
h
e
moneys derived from the tax increments to the payment
o
f
t
h
e
c
o
s
t
s
thereof.
We have also been asked whether it is possible at t
h
i
s
time to expand the geographic boundaries of the Devel
o
p
m
e
n
t
District (but not any of the TIF Districts) for the p
u
r
p
o
s
e
o
f
adding additional public improvements which would be
u
n
d
e
r
t
a
k
e
n
i
n
the new area which would be paid for from the tax inc
r
e
m
e
n
t
s
derived from the TIF Districts. Assuming that the Ci
t
y
f
i
n
d
s
t
h
a
t
the additional property is of a type and is located i
n
s
u
c
h
proximity to the Development District that it is appr
o
p
r
i
a
t
e
f
o
r
inclusion therein, the Act would permit the expansion
o
f
t
h
e
Development District. Such expansion would have to be
accomplished by amendments to the Development Program
a
n
d
t
h
e
T
a
x
Increment Financing Plan, which amendments would requ
i
r
e
t
h
e
s
a
m
e
discussion, public hearing and findings as for the or
i
g
i
n
a
l
p
l
a
n
.
The amendments would not, however, require recertific
a
t
i
o
n
o
f
t
h
e
TIF Districts. Because the amendments would not re
q
u
i
r
e
recertification, we conclude that the amendments wo
u
l
d
n
o
t
m
a
k
e
the TIF Districts subject to either of the provisio
n
s
o
f
t
h
e
1
9
9
0
amendments to the Act which could have an adverse af
f
e
c
t
o
n
t
h
e
City or the TIF Districts: both the provision for r
e
d
u
c
t
i
o
n
o
f
Local Government Aids and the "anti-pooling" provis
i
o
n
a
p
p
l
y
o
n
l
y
to TIF districts for which certification is sought
a
f
t
e
r
A
p
r
i
l
3
0
,
1990.
I hope that the above information will be of assista
n
c
e
to you. If you have further questions, please conta
c
t
m
e
.
Very truly yours,
‘2(.
ane L. ndorf
VLE/sd
EXHIBIT 3 (Page 2 of 2)
October 24, 1'330
Mr. George Bentley, Chair, and Members of,
The Tax Increment Finance Capital Improvements Committee
City of Eden Prairie, MN
RE: TECHNOLOGY DRIVE RELOCATION
Ladies and Gentlemen:
As planner for the owners and developers of most of the remaining
undeveloped land in the West side of the Major Center Area, I sees
your recommendation for inclusion of the new (relocated) TECHNOLOGY
DRIVE as a project under the current TIF program.
There are several reasons why this project should be included:
• The complete new interchange project has been designed, right-of-
way is being acquired, and construction has been scheduled for 1993
by MnDOT. The project has been submitted for review and approval
by the City, so specific design could begin immediately. Bids for
the first stage could betaken this Winter, so that the surcharge
work could be completed in 1331.
2. All funds expended will be reimbursed by MnDOT as part of the
construction of the Mn5/U3212 interchanpe with Prairie Center
Drive, scheduled in 1303-4. The funds invested in TECHNOLOGY
DRIVE, would then be available for another local project.
3. The most effective and cost efficient constrsction method involves
"surcharging", that is, piling dirt over the bad soils in order to
consolidate, or settle those soils as a base for the street
construct ion. The settlement period would be at least 18 months,
and, if conditions are similar to those under the present roadway,
as long as two years. The surcharge work needs to be done soon if
the street is to be ready to take traffic when the interchange
construction begins.
4. Available, suitable, economical, nearby, fill material is rapidly
dinsppearsng. Nearly half of the surplus soil orl the OERMEL/SMSOV
site has been used, or is under contract, to be used Cr, the USIO9
snd Mn5 prolects. All of the excess Cr, the ICMAH site is now modp.
co6tract fr.r the Mnt. prolect. Other ,rourci of fill in the 'At-fie
requi;ud. are f%-om two to mov-e II It
EXHIBIT 4 (Paae 1 of 2)
6116 Parnell Avenue. Edina Minnesota 55424 1 (612) 944-7533
tt
Eden Prairie TIF Advisory Committee
October 24, 1990 Page 2.
Z. The street itself is important tot
* maintain the present alternative to the Mitchell/Baker
intersection for peak hour traffic entering and leaving Mn5.
* provide access to the Eden Prairie Center from the West as a
local alternative to US169/212 and Mn5.
* define the North boundary of the Purgatory Park entrance site
recently acquired by the City.
* support first stage development of the 7'urgatory Park by
providing the first segment of the perimeter trail in the
proposed park plan.
* promote development of adjacent and nearby properties through
elimination of one uncertainty.., the street itself.
Please give serious consideration to including completion of
Technology Drive in your TIF projects list.
THE BRAUER GROUP, INC.
Donald G. Brauer, P. E.
President
\BERMEL\TIFCOMM1
EXHIBIT 4 (Page 2 of 2)
t ober 24 I rano
Mr. Geer go Dent luj - Che i r, and Member c-f.
The TaA Increment Finance Capital Improvements Cemmit tee
City of Eden Prair -ie,
PE: SINGLETFEE LANE ASSESSMENTS
Ledies and Gentlemen:
The 3EPMEL AND SMARY INVESTMENT'S, (20+/- ecres),end JOHN TEMAN,
(20+/--ecres) properties were unfairly and excessivelr assessed fe
completion cf Singletree Lane between Prairie Center Grive and Eden
Road. I want to urge your I-ecotone...dation for the use of TIF funds te
reimburse (through reduction of assesstnents or direct payments) PERMEL
and TEMAN for the extra right--of-way taken and the excessi ,,e
assessments levied for the Single -tree Lane preject.
Please consider these facts and factors:
1. Singletree Lane provides the primary city street access to the Eden
Prairie Center. Current and projected tt^affic counts- aie second
only in volume to counts for Prairie Center- Delve. the "einq road".
With the compl et ien of Col umbine Poad. ever , ha 1 e of the r ide.,t
trips- to and frem the Center will use Singlets -see Lane. The street
is clearly the primary, if not the 'most import ant ef the comb-turd t
collector- street in the Major Center Area.
Etc-opt for the Singletree Lane project, the City has assessed the
cost of a normal City street to the abutting properties, and paid
for or credited the value of additional right -of-way, and
add it ional cost s of conetruct i c.r. F or oversi i rg or- upbead i eq. This
except ion to that pol icy should be reef 'fled.
3. Decause the assessment has been in place for several year-s, and
because a portico', of the project was also •stscessed to ether
properties, it is not possible to adjust, or revise the assessments
to reflect the reduced costs the PERNEL and TEMAN. Tr!, funds-
could. however-. he used to reduce the unpaid aeseestneet balance. or
to directly rnburee the owners.
is. City staff sheuld be directed to calculate the amount of edditiornal
cost for see -re:Li:area, upgradieti, .and acid it i ereal cight -of - a.,Leveed
e normal street, determine the leterest. overhead, and otner
cerrvang ccat Cr that emcee-A. Lia -vide anti teredit thet tet a iamount
tot cue' the trio properties Cr. the fSAInt.7. haeis as the oripaeal
EXHIBIT 5 (Page 1 of 2)
Donald G. Brauer, President
6116 Parnell Avenue, Edina, Minnesota 5542411 (612) 944-7533
Eden Prairie TIF Advisory MAmnittee Octobar 4, I9K0
4. (continued)
assessment were levied. We believe that the total credit to the
two properties should be at least *362,000, based Cr, the followi
b
y
breakdown:
a. Additional 20' of row (31,000sf) $124,000
b. 1984 TIF committment by City 197,000
c. Balance of 1/6th City Share Not Paid 41,000
Total Minimum Reduct ion in Both Assessments $362,000
We thank you for your consideration of this matter, and look f
o
r
w
a
r
d
to a recommendation that will rectify these excessive and unfair
assessments.
THE BRAUER GROUP, INC.
Donald G. Brauer, P.O.
President
\BERMEL\TIFCOMM2
EXHIBIT 5 (Page 2 of 2)
11 ',if
I"(o
LANG. PAULY &GREGERSON, LTD.
ATTORNEYS AT LAW
4400 11)S CENTER
RO SOUTH EIGHTH STREET
, MINNEAPOLIS. MINNESOTA 55402
, TELEPHONE: (612) 330-0755
FAX: (6)2) 349-6718
ROBERT I LANG
ROGER A PAULY
DAVID H GREGERSON.
RICHARD f RosoW
MARE I JOHNSON
JOSEPH A ARAN
JOHN W LANG, CPA
LEA De SOUZA %PIETER
JEFFREY C APPELQUIST•
JUDITH A DUD HER
BARBARA SI ROSS
WILLIAM R MILLER
•nn••nn Lae in
EDEN PH AIKIE OFFICE
SUITE 110
210 PRAIRIE ENTER DRIVE
EDIT. PRAIRIE. MINAT SOT A 5T144
TELEPHITNE
FAX 012)112.7.071)
RITES TO...INV 51501 IS OFFICE
November 29, 1990
Gene Dietz
Director of Public Works
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
RE: Use of Tax Increment Financing Tax Funds For
Reduction of Special Assessments
Dear Gene:
You have requested our opinion concerning the above subject
matter. Your request was accompanied by a letter dated October 24,
1990 to Mr. George Bentley, Chair, and Members of the Tax
Increment Finance Capital Improvements Committee, City of Eden
Prairie, from Donald G. Brauer. From the letter and my
discussions with you my understanding of the facts is as follows:
In 1985 or prior thereto the City completed an improvement pro-
ject which included the acquisition of a right-of-way easement
and the construction of that portion of Singletree Lane situated
between Prairie Center Drive and Eden Road. The project was
constructed pursuant to the special assessment procedures con-
tained in Minnesota Statutes, Chapter 429. The cost of
Singletree Lane was assessed in 1985 to two abut:Ling landowners
pursuant to the usual special assessment procedures. The lan-
downers did not appeal the assessments.
The City adopted Development District No. 1 and Tax
Increment Financing Plan For An Economic Development District,
dated September 22, 1981 encompassing a fairly large area
including generally the area in and around the Eden Prairie
Center. Singletree Lane lies within the geographic boundaries of
the district. The Development District and/or the Tax Increment
Financing District has been supplemented and amended from time to
time since the first adoption.
EXHIBIT 6 (Page 1 of 4)
22
Gene Dietz
November 29, 1990
Page 2
The question now presented is, can tax increments from the
Tax Increment Financing District be used to reduce the special
assessments against the properties of two persons which abut
upon Singletree Lane and which were assessed for that improve-
ment?
M.S. §469.176, Subd. 4. sets forth the limitations on the
use of tax increments. That subdivision states that the revenues
derived from tax increments shall be used in accordance with the
tax increment financing plan. It goes on to state specifically
that revenues may be used only for certain purposes which include
(1) "to pay the principal of and interest on bonds issued to
finance a project, (2) ... by a municipalilty ... to finance or
otherwise pay the capital and administration costs of a develop-
ment district..."
It is my understanding that the construction of Singletree
Lane was and is not included in the description of the project
improvements for either the Tax Increment Financing Plan or the
Development Program for the Development District.
The question then is - can the Tax Increment Financing Plan
and the Development Program be amended so as to include
Singletree Lane within the program and plan? M.S. S469.125,
Subd. 3. defines a development program as "a statement of objec-
tives of the city for improvement of a development district which
contains a statement as to the public facilities to be
constructed within the district, the open space to be created,
the environmental controls to be applied, the proposed reuse of
private property, and the proposed operations of the district
after the capital improvements within the district have been
completed" (Emphasis supplied). M.S. S469.175 sets forth the
required contents of a tax increment financing plan. Those
include generally the objectives of the authority, a statement of
the development program for the project, including the property
which the authority intends to acquire, "a list of any develop-
ment activities that the plan proposes to take place within the
project, for which contracts have been entered into at the time
of the preparation of the plan", the "...description of the type
of any other specific development reasonably expected to take
place within the project..." (Emphasis supplied) as well as
various estimates of the cost and sources of revenue for the
project.
I believe it is fairly clear from the specific language
used in the above two statutes that the legislature intended that
EXHIBIT 6 (Page 2 of 4)
23
Gene Dietz
November 29, 1990
Page 3
a development program for a development district and a tax incre-
ment financing plan be prospective in nature. That is to say, it
contemplated that the projects would identify and undertake deve-
lopment activities that had not yet occurred. These sections do
not contemplate the addition of activities or projects to a deve-
lopment program or a tax increment financing plan which have
already been built.
In conclusion I do not believe the statutes would permit the
amendment, of either the Development Program contained in the
Development District or the Tax Increment Financing Plan so as
to permit the use of tax increment revenues to be used for a pro-
ject such as Singletree Lane which has already been built and
assessed to benefited properties.
Apart from the question of the use of tax increment revenues
to pay for a portion of the cost of the acquisition of a right-
of-way easement and the construction of Singletree Lane, reduc-
tion of special assessments is governed by Chapter 429, Minnesota
Statutes. Those procedures are provided in M.S. S429.071 essen-
tially as follows:
1. The Council may make supplemental assessments to correct
omissions, errors, or mistakes in the assessment relating to the
total cost of the improvement or any other particular upon notice
and a hearing.
2. When (a) an assessment is set aside by a court on appeal
within thirty (30) days after its adoption pursuant to M.S.
5429.081, or (b) in the event the Council finds the assessment is
excessive, or (c) determines on advice of the municipal attorney
that it is or may be invalid for any reason, the Council may upon
notice and hearing make a reassessment or a new assessment as to
a parcel or parcels.
In order for the Council to provide for a supplemental
assessment or reassessment there must be a showing of some
omission, error, or mistake or a finding by the Council that the
assessment was excessive or invalid. Mr. Brauer's letter states
that because a portion of the project was assessed to othar pro-
perties it is not possible to reduce the special assessments to
the two properties in question.
EXHIBIT 6 (Page 3 of 4)
24
Gene Dietz
November 29, 1990
Page 4
Conclusion
In my opinion,
1. Revenues from the City's Tax Increment Financing
Districts cannot be used to reduce the special assessments or
otherwise compensate the abutting landowners relating to the
acquisition of a right—of-way easement or construction of
Singletree Lane.
2. In order for the Council to provide for a supplemental
assessment or reassessment there must be a showing of some
omission, error or mistake or a finding by the Council that the
assessment was excessive or invalid. As Mr. Brauer's letter
recognizes this could have an impact upon other assessments for
improvements.
RAP: as
EXHIBIT 6 (Page 4 of 4)
i l•
CAMERA OPERATOR'S CERTIFICATE
I hereby certify that the microphotographs appearing on this roll of film are true,
accurate, and complete copies of the original records described below.
Reproductions intended to serve as permanent records comply with standards
established by the Minnesota Historical Society.
AGENCY OF ORIGIN:
RECORD SERIES:
INCLUSIVE DATES/NOS:
CITY OF EDEN PRAIRIE
COUNCIL PACKETS
JANUARY 1977 - DECEMBER 1991
ROLL
20
DATE
BEGINS WITH: AUGUST 1991
ENDS WITH: DECEMBER 1991
2/11/94 (fygb
CAME OPERA ORS SIGNATURE
CMI
CONCEPT MICRO IMAGING MINNETONKA. MN
PRODUCING LABORATORY CITY/STATE