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AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 7, 1986
7:30 PM, SCHOOL ADMINISTRATION BUILDING
BOARDROOM
Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and Paul
Redpath
City Manager Carl J. Jullie, Assistant to
the City Manager Craig Dawson, City
Attorney Roger Pauly, Finance Director
John D. Frane, Planning Director Chris
Enger, Director of Community Services
Robert Lambert, Director of Public Works
Eugene A. Dietz, and Recording Secretary
Jan Nelson
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
tof
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPR4VAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Regular City Council Meeting held Tuesday, September 2 1986
B. Special City Council Meeting held Thursday, September 4 1986
C. Special City Council Meeting held Saturday, September 27 1986
III. CONSENT CALENDAR
A. Clerk's License List
B. Approval of Amendment to South Hennepin Human Services Council
Agreement
Brauer & Associates Contract for Miller Park
Final Plat approval for Primeland 5th Addition (City West
Parkway) Resolution No. 86-258
E. Metropolitan Waste Control Commission permit application for
sewer connection - Windsong Two (East extension of Chestnut
Drive) Resolution No. 86-259
F. 2nd Reading of Ordinance No. 49-86, amending City Code
Chapter 9 by adding thereto a new Section 9.09, which
prohibits the harassment of dogs used for Public Safety
ur oses' and adopting by reference City Code Chapter 1 and
Section . .MT which, among other things, contain penally--
provisions
G. STARING PINES ADDITION by Jerry Krebsbach. Approval of
Developer's Agreement for Staring Pines Addition for
development of 1.63 acres without right-of-way into three,
R1-22 single family lots. Location: West of East Staring
Lane.
C.
D.
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city uuuncll Minutes - 2 - cues.,Uctober i, 1986
H. STENEHJEM ADDITION by Kathleen M. Stenehjem. 2nd Reading of
Ordinance No. 35-86, Zoning District Change from Rural to
R1-13.5; Approval of Developer's Agreement for Stenehjem
Addition; and Adoption of Resolution No. 86-202, Authorizing
Summary of Ordinance No. 35-86 and Ordering Publication of
Said Summary. 3.34 acres into five single family lots.
Location: North of Craig Drive, east of Duck Lake Road.
(Ordinance No. 35-86 - Rezoning; Resolution No. 86-202 -
Authorizing Summary and Publication)
I. 1ST READING OF ORDINANCE NO. 53-86 AMENDING CITY CODE SECTION
9.40 RELATING TO DISCHARGE OF WEAPONS
J. Resolution No. 86-257 Appointing Election Judges for the
November AL 1986, General Election
IV. PUBLIC HEARINGS
A. 1986 SPECIAL ASSESSMENT HEARING (Resolution No. 86-228) Continued
from September 16, 1986 for Westover Woods
B. EASEMENT VACATION - APPLE GROVES 2ND ADDITION (south of Valley
View Road, west of Duck Lake RoadT --Resolution No. 86-260
C. ROADWAY VACATION - RESEARCH ROAD (adjacent to School District
property) iiiTtution No. 86 72Wr
D. WESTON BAY by the Pemtom Company. Request for Planned Unit
Development Concept Amendment on aproximately 88 acres; Planned
Unit Development District Review on approximately 88 acres, with
variances; Zoning District Change from RM-6.5 to R1-13.5 on
13.5 acres, with Shoreland Management variances to be reviewed
by the Board of Appeals; and Preliminary Plat of 13.5 acres into
24 single family lots and one outlot. Location: South and east
of Mitchell Lake, west of Timber Lakes Drive. (Resolution No.
86-254 - PUD Concept Amendment; Ordinance No. 51-86-PUD-7-86 -
Rezoning and PUD District; Resolution No. 86-255 - Preliminary
Plat)
E. REUTER dRDF PLANT by Reuter, Inc. Request for Zoning District
Change from Public to 1-2 Park on 1.3 acres and Preliminary Plat
of 10.63 acres into one lot. Location: Southeast corner of
County Road 67 and Indian Chief Road. (Ordinance No. 52-86 -
Rezoning; Resolution No. 86-256 - Preliminary Plat)
V. PAYMENT OF CLAIMS
VI. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 50-86, amending City Code Section
2.05 relating to the salaries of Mayor and Council Members, and
adopting bay reference City Code Chapter 1 and Section 11.99
which, among other things, contain penalty provisions
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Presentation by Naeqele Outdoor Advertising Company on
Billboards (Nancy Fletcher) Continued from September 16,
1986
B. Proposed NSP Transmission Line along Highway 5 (Continued
from September 16, 1986)
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City Council Agenda
- 3 -
Petition from residents of Cardinal Creek pertaining to lowering
of speed limits in their area (continuedfrom September 2,
B86)
D. Request of Eden Prairie Fire Relief Association for Council
Jr\ approval of changes in iii-gy-laws (a continued
E. Request from Douglas Reuter for Council to consider an
Ordinance on filing of campaign contributions and expenses
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
X. REPORTS OF OFFICERS BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
1. 1987 City Budget (Resolution No. 86-252) Continued
from September 23, 1986
C. Report of City Attorney
1. Report on Code of Ethics and Campaign Disclosures in
City Code
D. Report of Director of Community Services
Elaine Jacques property Page 2544
2r. Staring Lake Equestrian Trail Page 2549
Le/ Edenvale Conservancy Area Trail (continued from September Page 2553
2; 1986)
E. Report of Director of Public Works
1. Award Contract for 1986 Lime Sludge Removal I.C. 52-106
Wei-Elution No. 86-2177
XI. NEW BUSINESS
XII. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 2, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARD-
ROOM
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and
Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Finance Director
John D. Frane, Planning Director Chris
Enger, Director of Community Services
Robert Lambert, Director of Public Works
Eugene A. Dietz, and Recording Secretary
Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilmember Pidcock airived at 8:15 PM.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: IX. A. 1.
Bentley - Reconsideration of previous action regarding goose
hunting on Olympic Hills; IX. A. 2. Anderson - Informational
meeting on lake levels; IX. B. 1. Resolution No. 86-236 re-
garding Eden Prairie Rideshare program; IX. B. 2. Agreement
relating to a lost certified check; IX. E. 2. LAWCON applica-
tion; IX. E. 3. North Star Hockey Club request.
The following item was deleted from the Agenda: IX, E. 1.
Edenvale Park Trails System (continued from August 5, 1986)
MOTION: Anderson moved, seconded by Redpath, to approve the
Agenda and Other Items of Business as amended and published.
Motion carried unanimously.
MOTION: Anderson moved, seconded by Redpath, to continue action
on Item IX. E. 1. Edenvale Park Trails System to October 7,
1986. Motion carried unanimously.
II. PRESENTATION BY NEIL WEBER, HENNEPIN PARKS COMMISSIONER REPRE-
SENTING EDEN PRAIRIE, REGARDING AN UPDATE ON WHAT IS HAPPENING
REGARDING THE REGIONAL PARK PLAN IN EDEN PRAIRIE AND LAKE MINNE-
TONKA
Neil Weber, Hennepin Parks Commissioner, reviewed the process
that has been started to establish a regional park on Lake
City Council Minutes
-2 - September 2, 1986
Minnetonka. He said there will be a series of public meetings
in the communities concerned and he encouraged participation in
those meetings. He said that Bryant Lake Park is the number
one priority for next year's capital improvement program and
that the revised plan for the park will be brought back for
Council review.
Bentley asked about the status of plans showing a mega-park
complex from Hyland Park through Anderson Lakes. Weber said
there was nothing new but that he understood the plans were
still there for such a park.
Anderson said he hoped the county would begin trying to tie in
some trailway systems between cities as there is an opportunity
for a great complex if parks such as Hyland, Bryant Lake and
Anderson Lakes can be tied together with a trail system.
Weber said he agreed with that concept and suggested that
Director of Community Services Lambert could contact the County
staff and discuss the possibilities for such a system.
III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, AUGUST 5,
1986
MOTION: Anderson moved, seconded by Redpath to approve the
Minutes of the regular City Council Meeting held Tuesday,
August 5, 1986, as published. Motion carried with Bentley
abstaining.
IV. CONSENT CALENDAR
A. Clerk's License List
B. Final plat approval for Westwood Industrial Park 2nd Addn.
(between Bury and Carlson Drive) Resolution No. 86-223
C. Final Plat approval for Lake Park 2nd Addition (west of
CSAH 4 and South of Timber Lake Drive) Resolution No. 86-
224
D. Prohibition of on street parking_on Baker Road between
Roberts Drive and CSAH 67/62 (Resolution No. 86-225)
E. Amendment to Transit Agreement
F. Policies for Preservation of Significant Natural Features
(Continued from July 15, 1986)
G. Highway 5 Bike/Pedestrian Overpass (Resolution No. 86-222)
H. County Road 4 Bike Trail Grant Request
City Council Minutes -3- September 2, 1986
I. 2nd Reading of Ordinance No. 43-86 amending City Code
Chapter 8, Section 8.09, which regplates parking lots and
ramps
J. 2nd Reading of Ordinance No. 44-86 amending City Code Chap-
ter 7 by adding thereto a new Section 7.08, which prohibits
motor vehicles from using private property to avoid traffic
control signals and devices
K. PRIMETECH PHASE III, by MRTT Joint Venture. 2nd Reading of
Ordinance #42-86, Rezoning from Rural to Office; Approval
of Developer's Agreement for Primetech Phase III; and
Adoption of Resolution #86-234, Authorizing Summary of
Ordinance #42-86 and Ordering Publication of Said Summary.
5.86 acres for construction of a five-story office build-
ing. Location: West of Highway #169, east of City West
Parkway. (Ordinance #42-86, Rezoning; Resolution #86-234,
Authorizing Summary and Publication)
L. WINDSONG, by Koosman and Rice Co. 2nd Reading of Ordinance
#37-86, Zoning District Change from Rural to RM-6.5; Ap-
proval of Developer's Agreement for Windsong; and Adoption
of Resolution #86-203, Authorizing Summary of Ordinance
#37-86 and Ordering Publication of Said Summary. 12.03
acres into 20 lots and outlots for construction of 72 mul-
tiple family units. Location: West of Purgatory Creek,
east of Chestnut Drive. (Ordinance #37-86, Rezoning;
Resolution #86-203, Authorizing Summary and Publication)
M. SHADY OAK RIDGE, by Joe Ruzic. 2nd Reading of Ordinance
#38-86, Zoning District Change from RM-6.5 to Rural and
to R1-13.5; Approval of Developer's Agreement for Shady
Oak Ridge; and Adoption of Resolution #86-235, Authorizing
Summary of Ordinance #38-86 and Ordering Publication of
Said Summary. Zoning District Change from RN-6.5 and R1-
13.5 on 9.5 acres, and from RM-6.5 to Rural on 2 acres,
and Preliminary Plat of 10.06 acres into 16 lots and 2 out-
lots for a single family development. Location: North of
Rowland Road, west of Old Shady Oak Road. (Ordinance #38-
86, Rezoning; Resolution #86-235, Authorizing Summary and
Publication)
MOTION: Anderson moved, seconded by Bentley, to approve
Items A - M on the Consent Calendar. Motion carried unani-
mously.
V., PUBLIC HEARINGS
A. PRAIRIE LUTHERAN CHURCH, by Adkins Association, Inc.
Request for Comprehensive Guide Plan Amendment from Low
City Council Minutes -4- September 2, 1986
Density Residential to Church on 10.97 acres, Zoning
District Change from R1-22 to Public on 10.97 acres, with
variances to be reviewed by the Board of Appeals, and
Preliminary Plat of 10.97 acres into one lot for construc-
tion of a church. Location: South of Pioneer Trail, north
of Blossom Road, and east of Bennett Place. (Resolution
#86-231, Comprehensive Guide Plan Amendment; Ordinance #46-
86, Rezoning from Rural to Public; Resolution #86-232,
Preliminary Plat)
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified.
Roger Sjobeck, representing proponents, addressed the pro-
posal.
Planning Director Enger said that the Planning Commission
reviewed this item on August 11th and recommended approval
of the Comprehensive Guide Plan Change and the Zoning Dis-
trict Change subject to the recommendations of the Staff
Report of August 8th. He said the Commission was concerned
about how the elevation and landscaping of the north side
of the structure would be treated. He said additional ele-
vations have been received and staff believes the changes
made are appropriate and are recommending approval on that
basis. He noted that variance would be required for height
and exterior materials and the Commission recommended that
the height be reviewed against the Flying Cloud airport
height zone. He said staff has completed that review and
there is no conflict.
Enger said the Commission also recommended that a petition
be submitted for the upgrading of Blossom Road including
street construction, sanitary sewer and water service,
that the landscape plan be revised to meet minimum code
requirements and that documentation be submitted regarding
the scheduling of church services in conjunction with Pax
Christi to alleviate traffic problems on Sunday morning.
Director of Public Works Dietz said that a considerable
amount of discussion had taken place with proponents re-
garding the utlilites. He said that, while there is
trunk sewer and water available, the property has never
been assessed, and so we would not allow the connection
for free. He said there were two alternatives: one, to
extend the utilities through the property north and south
along Blossom Road; or two, the only extension would be
along Blossom Road from Bennett Place from west to east.
City Council Minutes -5- September 2, 1986
He said it would be necessary to get a special assessment
agreement for the utilities and street improvements on
Blossom Road; therefore, it may be appropriate to order a
Feasibility Study.
Peterson asked if proponents had been asked to petition
for the improvements or if they were being asked to par-
ticipate in the assessments when they are ordered in.
Dietz responded that it could be handled either way as
statutes allow for a Feasibility Study if the Council re-
ceives a petition signed by at least 35% of the abutting
properties or if the Council orders the study on its own
motion. He also noted it would be possible to add this
to the current Feasibility Study on Bennett Place ordered
on August 5th.
Enger said the Council had looked at the intersection of
Blossom and County Road 1 previously and that the Engineer-
ing Dept. had recommended Blossom Road be relocated oppo-
site Spoon Ridge or end in a cul-de-sac at County Road 1,
as outlined in the Staff Memo of August 29, 1986. He said
that staff is now recommending that Blossom continue to
intersect at County Road 1.
Redpath asked about the location of the proposed intersec-
tion. Enger replied that it would be moved to the west
and would have a 90 0 intersection at Spoon Ridge.
Director of Community Services Lambert said the Parks,
Recreation and Natural Resources Commission reviewed this
item on August 18th and recommended approval on a 4-0 vote,
per Planning Staff Recommendations and with a comment on
a trail along County Road 1. He said there are no trail
plans on County Road 1 between Homeward Hills Road and
Franlo but that the most likely location for one would be
on the south side of the road even though it is a diffi-
cult area to build a trail in. He said this would require
some easements along certain portions of the trailway and
so we would need some agreement with the church for that.
He said there is no cash park fee required on rezoning to
public.
Peterson asked Dietz if he was aware of any plans for up-
grading County Road 1 and if the County owns additional
right-of-way along it. Dietz said that he has received no
correspondence from the County requiring additional right-
of-way.
Peterson then asked if we have any idea of what might be
developed on the property to the west. Mr. Sjobeck said
City Council Minutes -6- September 2, 1986
that at the Planning Commission meeting it was assumed
the access would be from Bennett Place and that it would
be a single-family development.
Bentley asked Lambert if they were recommending that the
path be built along County Road 1 at this time. Lambert
said no, that they wanted to make sure there was suffi-
cient easement since it is difficult terrain to build a
trail on.
Anderson asked if there wasn't a trail system proposed
there for the long-term plan. Lambert said it was in
the long-term trail plan. Anderson commented that he
believed it had been proposed as long ago as 1975 and
still has not been built.
COUNCILMEMBER PIDCOCK ARRIVED AT 8:15 PM.
Bentley asked Dietz if the drainage in this entire region
is being dealt with adequately because he did not want the
same situation as in the Bluffs area where we are going to
have to create a special assessment district. Dietz said
most drainage is occurring in the county road right-of-way.
Redpath asked if the church has to be built of brick.
Enger said that the Board of Appeals has usually granted
variances from the brick, stone or glass required by Code.
Peterson asked what impact the realignment of Blossom Road
would have on the residents and if they had been consulted.
Dietz said the new roadway alignment would be about 35 feet from the closest home. Enger said Mr. Ray Welter, Jr.
who rents that house was aware of the proposed alignment
and, further, that the location met the normal 30-foot
setback requirement so it would not be an abnormal situa-
tion.
Paul Lawson, 10881 Blossom Road, said he was supportive of
the project when he first heard of it but that he doesn't
like the access onto Blossom Road. He reviewed the traffic
situation on County Road 1 and Blossom Road and the diffi-
culties of accessing County Road 1 from Blossom Road. He
said he favored ending Blossom Road as a cul-de-sac.
Frank Cardarelle, owner of two lots south of Blossom Road,
presented a petition for sanitary sewer, watermain, storm
sewer and street paving for Blossom Road. (Attachment A)
Redpath asked if the County would not allow access to
County Road 1 directly from Blossom Road. Enger said that
City Council Minutes
-7- September 2, 1986
the County wants the situation resolved and would not like
additional accesses to County Road 1. Dietz said there
are concerns about the sight lines and distances and that
this is something that can be discussed with the County.
Mr. Sjobeck said that he and a representative of the County
Highway Dept. investigated the intersection and their recom-
mendation was to line Blossom up with Spoon Ridge because
the sight lines are better there. Redpath said he thought
it would continue to be a problem until the traffic lights
are put in at Homeward Hills Road and Franlo.
Bentley said he thought what was being recommended by staff
is that we authorize the preparation of a Feasibility Study
on the realignment and upgrading of Blossom Road and that
the Council approval would not occur until after the Feasi-
bility Study is completed. With that in mind, he said he
thought the best way to address this is to go ahead with
the Feasibility Study and assume that all of the safety
concerns would be addressed in that study. Peterson said
he thought approval or denial of this proposal is not con-
tingent on the Feasibility Study.
Redpath asked if they will agree to the water and sewer
assessments. Dietz said he believed they will.
MOTION: Bentley moved, seconded by Redpath, to close the
Public Hearing and to adopt Resolution No. 86-231, approv-
ing the Comprehensive Guide Plan Amendment from Low Density
Residential to Church on 10.97 acres. Motion carried unani-
mously.
MOTION: Bentley moved, seconded by Anderson, to give 1st
Reading to Ordinance #46-86 for Rezoning from R1-22 to
Public on 10.97 acres with height and exterior material
variances subject to review by the Board of Appeals. Motion
carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to adopt
Resolution No. 86-232, approving the Preliminary Plat of
Prairie Lutheran Church for Adkins Association, Inc. Motion
carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct
staff to prepare a Developer's Agreement incorporating
Commission and Staff recommendations. Motion carried unani-
mously.
MOTION: Bentley moved, seconded by Anderson, to direct
Staff to prepare a Feasibility Study for street and utility
City Council Minutes -8- September 2, 1986
improvements on Blossom Road, per the petition received
tonight. Motion carried unanimously.
Anderson asked if we were including the realignment of
Blossom Road with Spoon Ridge. The consensus was that
that subject would be covered in the Feasibility Study.
B. 1986 Special Assessment Hearing (Resolution No. 86-228)
City Manager Jullie stated notice of this Public Hearing
had been published and property owners on the assessment
rolls had been notified.
Director of Public Works Dietz reviewed the final project
costs and assessment rates for each of the two projects
to be assessed. He said the Anderson Lakes Parkway project
had a total cost of $2.9 million, of which the City's share
is $650,000, and pointed out the area to be assessed on a
map of the project.
Redpath asked why the soil corrections required were not
anticipated because of the soil testing requirements. Dietz
replied that the extremely wet conditions had created many
of the problems encountered.
Pidcock asked if it was possible to ever determine ahead
of time if a project would come in precisely at budget.
Dietz said that wasn't possible because of the unpredic-
tability of the weather and cost increases. He said the
costs for the earthwork were the primary cause of the over-
run for the project.
Pidcock asked if it would be possible to obtain a second
opinion when additional costs became apparent. Dietz
replied that at the point the problems were found we were
already under contract and couldn't turn back as develop-
ments along the alignment had started in the approval pro-
cess.
Jim Ostenson, representing Tandem Corporation, said that
they have a problem with the assessments against Outlot C
on the parcel called Westover Woods. He said they had
received a letter from the City dated January 15, 1986 which
stated that the assessments were going to be $90,000 which
they agreed with. He said they were shocked when they re-
ceived the final assessment this morning of $170,000. He
said Tandem Corp. will also be incurring the expense of
dedicating the right-of-way for Cumberland and are paying
for improvements of that road. He said he didn't know how
they could deal with this kind of cost; therefore, their only
alternative is to see if there can be some type of compro-
mise or reevaluation.
City Council Minutes -9- September 2, 1986
Peterson asked what the net effect of the increase was
per lot. Ostenson said it was about $3,000. Dietz said
that the road was realigned after the Feasibility Study was
drafted so that it was further south and thus the frontage
of the property concerned may have been affected. He said
that he believed the only way to proceed on this is to offer
the written objection, wait 30 days for the appraisal to
be prepared and then come back on October 7th with a recom-
mendation. Bentley asked if he was suggesting that the
entire assessment be continued. Dietz said just the parcels
with objections on them.
Bentley said that, based on past experience when we have
gone through the appeal and appraisal process, the Council
would then have to sit through the hearing and he was con-
cerned that a process be established so that a report of
the results from the hearing could be given to the Council
in lieu of the Council sitting through the hearing. City
Attorney Pauly said he did recall having discussed such a
process but wasn't sure it had been decided upon.
Peterson asked if the Council would then, in effect, author-
ize a hearing examiner to make a finding and the Council
then would accept, reject or modify the finding. Pauly
said that was correct. Bentley said he thought such a
process should be considered if this appeal gets to the
point of requiring a formal hearing.
Ostenson said that it was not their desire to get into such
a process. Peterson asked if we would know in sufficient
time to propose an alternative prior to October. Pauly
said he would recommend that if we consider alternatives,
it should be continued to the next meeting to see the prog-
ress and could then be continued to the October meeting,
Anderson asked if tonight was the deadline for objecting
to the assessments. Pauly said it was.
Arlyn Grussing, representing Douglas Corporation, said that
they were trying to determine how the assessments were be-
ing applied and that they are encountering difficulties
because most of the negotiations were handled between
Northrup King and the City. He said they need time to re-
view the details of the assessment in order to respond one
way or the other. Dietz said that there had been arrange-
ments with Northrup King on how the assessments would be
split.
Bentley asked Dietz to point out which of the parcels are
being contested. Dietz listed the numbers of the contested
parcels.
City Council Minutes -10- September 2, 1986
Pauly noted that persons objecting have to file a written
objection tonight. Ostenson and Grussing presented written
objections from their respective companies. (Attachments
B and C)
Bentley asked Pauly if, when dealing with special assess-
ments, it was permissible to approve a project before we
approve the overall resolution. Pauly said he would sug-
gest the specific projects be excepted from the description
and continued until the next meeting.
Pidcock asked if there is anyway we can put safeguards in
future projects so that they won't come in 50% over. Peter-
son said he wasn't aware of any. Dietz said the only alter-
native would be to set a cap on what was to be assessed
and the City would pay the rest. A discussion followed
regarding the feasibility of such safeguards.
MOTION; Bentley moved, seconded by Redpath, to approve
I.C. 52-035 with the exception of the following parcels
to which written objections have been received and to con-
tinue the excepted parcels to the next meeting;
22-116-22 12 0001
22-116-22 14 0003
22-116-22 14 0004
22-116-22 14 0005
Motion carried unanimously.
Bentley noted that he hoped Mr. Dietz and Mr. Pauly would
make arrangements so that the Council would not have to sit
through a formal hearing process if it appears that such a
hearing will be required.
Dietz said the second project dealt with improvements on
Edenvale Blvd. and Tanager Lane and that the majority of
the total cost of $383,000 would be paid by the developer,
except for $22,745 that would be paid by the City.
MOTION: Redpath moved, seconded by Pidcock to approve
I.C. 52-060. Motion carried unanimously.
Dietz reviewed the items included in the list of supple-
mentals. He noted the letter from Mr. Al Herlitz objecting
to the assessment on the Alpine Village parcel with an
accompanying letter in which he withdrew his application
for zoning for the project; therefore Dietz recommended
that the assessment be deleted from consideration.
City Council Minutes -11- September 2, 1986
MOTION: Bentley moved, seconded by Pidcock, to approve
the Supplemental Assessments except for parcel No. 05-116-
22 44 0021 which will be deleted. Motion carried unani-
mously.
MOTION: Bentley moved, seconded by Anderson, to close
the Public Hearing and to adopt Resolution No. 86-228
approving the 1986 Special Assessments. Motion carried
unanimously.
VI. PAYMENT OF CLAIMS NOS. 29300 - 29576
Pidcock asked if Item 29342 paid to the Ambassador Hotel for
meeting expenses on the Canine Regional Trials should come
from the Police Dept. budget. The consensus was that it should
not. Anderson noted that at a special meeting he attended
last week regarding the locating of narcotics it was mentioned
that the finest dog in the metropolitan area for finding nar-
cotics is from Eden Prairie.
MOTION: Anderson moved, seconded by Pidcock, to approve the
Payment of Claims Nos. 29300 - 29576. Roll call vote: Ander-
son, Bentley, Pidcock and Peterson voted "aye" with Redpath
abstaining. Motion carried.
VII. PETITIONS. REQUESTS & COMMUNICATIONS
A. Petition from Jack MoKusky for a sidewalk along Woodland
Drive
Director of Community Services Lambert said that Mr. McKusky
is a fourth grader who attended the Parks, Recreation &
Natural Resources meeting and presented his petition for
a sidewalk along Woodland Drive. He said the Parks Commis-
sion recommended that the Council order a Feasibility Study
to determine the project cost and how it would be paid for.
Lambert noted that we have never put in a five-foot con-
crete sidewalk in an existing neighborhood but we have put
in eight-foot hiking/biking trails. He said that it could
be funded out of the general fund or as an assessment proj-
ect and that it makes some sense to put it in there because
of the traffic to the park.
Peterson said he had not seen any recommendation as to
whose responsibility it would be to keep the sidewalk
cleared. Lambert said it would be the City's but that
we do not have the smaller equipment required to clear
sidewalks.
City Council Minutes -12- September 2, 1986
Dietz said he was concerned about setting a precedent if
an assessment is not made. Bentley noted that the Feasi-
bility Study would determine how best to pay for it.
Anderson asked what the Feasibility Study would cost. Dietz
responded that it would probably take one staff member about
a week to do it.
MOTION: Bentley moved, seconded by Pidcock, to direct
staff to prepare a Feasibility Study for a sidewalk along
Woodland Drive.
Redpath said he thought the neighbors should have some voice
in whether they have a sidewalk or not. Dietz said he
thought those who signed the petition were not aware of a
possible assessment and so the Feasibility Study would be
done on motion by the Council rather than by petition.
VOTE ON THE MOTION: Motion carried unanimously.
B. Edenvale 9th Addition, Outlot C Grading Plan
Kay Schumacher, representing proponent, reviewed the re-
quest for grading on the southeast corner of Edenvale In-
dustrial Park.
Redpath questioned whether the Council had ever intended
office/warehouse use for the site and said he felt that such
a prominent site deserved something "great". Schumacher
said they were not proposing office/warehouse but rather
something like regional office and that they are proposing
only finish grading so that a road can be put in.
Bentley noted that the original Guide Plan called for office
only and that probably would have been the best use but that
it was changed to an intermixing of office and office/Ware-
house. He said he noted that mass grading had occurred some-
where along the line on the site now being developed and he
did not recall having approved such a mass grading at any
time. He said now were talking about mass grading on the
east side of the site including knocking the top off a
very prominent land feature without a specific development
plan for that site and that he was opposed to that sort of
speculative grading and development.
Anderson said that much of the natural terrain in this area
has been changed as a result of repeated requests to remove
hills, trees and other features. He said the one part that
remains there should stay the same so that we don't lose
any more of the quality of our City or our environment.
City Council Minutes -13- September 2, 1986
Pidcock said she was totally appalled to see that hill go
down and she would not vote for any new grading before we
have a specific plan for development.
Redpath noted that we had told them last year to come back
when they had some definite plans.
Schumacher said he was proud of what they've done and felt
they have donated land and preserved many land features for
the City while creating places for people to live and work.
He said there would be very little perceptible difference
to the site once the proposed grading is completed.
Anderson said he had seen that other cities can build
around natural terrain. He said we have knocked down four
or five of our largest hills and so we need to hang on to
what we have.
Peterson said his understanding was that they wanted to
take material off the top of the hill to build a road and
level some portions of the site. Schumacher replied that
what they are proposing was consistent with the grading
and utility permits they already received.
Pidcock said that, while it may be true that they own the
hill and the Council can only approve what is in our domain,
we do represent the people and our charge is to retain the
features of the City as best we can with a view to the
profitability of the developers but also with the best
interests of the citizens of Eden Prairie in mind. Schu-
macher replied that they have a very large investment in
the community and he thought the topography issue was only
part of the issue and that they were only asking for modi-
fications to the existing grading plans.
Planning Director Enger said that the grading plan that was
approved was done based upon a development plan.
MOTION: Bentley moved, seconded by Pidcock, to deny the
request for permission to grade the Edenvale 9th Addition,
Outlet C. Motion carried unanimously.
C. Petition from residents of Cardinal Creek pertaining to
lowering of speed limits in their area
City Manager Jullie noted the petition received from resi-
dents of the Cardinal Creek area requesting that the speed
limit in their neighborhood be lowered to 20 MPH. He said
state law requires that all residential streets not be
City Council Minutes -14- September 2, 1986
posted less than 30 MPH unless there are special circum-
stances, as determined from a review by the Dept. of
Transportation. He said Public Safety reported that when
they ticket speeders, typically those speeding are from
the local neighborhood and that he believed there are other
ways to approach the situation other than lowering the speed
limit to 20 MPH,
Karen Swigart, 13184 Cardinal Creek Rd., said that people
drive faster than they should in the neighborhood and they
are concerned about the safety of their children. She said
they had organized the petition on the suggestion of the
Police Dept. but that they are open to other means of allevi-
ating the situation.
Peterson asked if there were specific instances of close
calls. Swigart said there had been several, particularly
along the curve coming up Cardinal Creek and in the area
down Sand Ridge Rd.
Bentley said that pressure from neighborhood residents might
be the most effective means of discouraging speeders.
Peterson said that Public Safety might be encouraged to spend
more time over there and that neighbors should continue to
harrass speeders. Swigart said there had been some unfor-
tunate incidents involving speeders and neighbors who spoke
to them about speeding.
Anderson said there is the possibility of putting stop signs
at intersections where several streets come together and that
he thought there was quite a bit of free movement in the area
now. Swigart said she thought they would accept stop signs
as a solution.
MOTION: Bentley moved, seconded by Redpath, to direct staff to review the situation and return to Council at the first
meeting in October with suggestions as to how the problem
might be addressed. Motion carried unanimously.
VIII. REPORTS OF ADVISORY COMMISSIONS
There were no reports.
IX. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Reports of Council Members
1. Bentley - Reconsideration of previous action regarding
goose hunting on Olympic Hills
City Council Minutes -15- September 2, 1986
Bentley said that the question of hunting geese at
Olympic Hills has raised the ire of many people and
there seems to be a great deal of misunderstanding as
to what was proposed. He said he thought there were
some valid questions raised as to the actual effective-
ness of the proposed hunt; therefore he wanted to take
a second look at the issue.
MOTION: Bentley moved, seconded by Peterson, to recon-
sider the previous action concerning goose hunting at
Olympic Hills, to set the item as a Public Meeting at
the next Council meeting, and to direct staff to notify
residents in the surrounding area of the meeting.
Redpath said he would go along with the informational
meeting because of the lack of information on the hunt
by most residents but not with reconsidering the action.
Peterson said he supported the reconsideration because
he questioned the efficacy of this type of program.
Redpath said he thought we should go along with the
recommendations made by the experts who were present
at the previous meeting. Pidcock said she agreed with
not reconsidering the action since we did have expert
advice on this, and that she also thought an informa-
tional meeting would be appropriate.
Peterson said he was satisfied it is not a safety issue
but rather a question of the results obtained.
Anderson said that the D.N.R. was concerned as far back
as July, that what they have asked for is a chance to
obtain more information on the effectiveness of such a
hunt, and that it would be a one-time experiment to
find out how it's going to work. He said he would agree
to having an open meeting but not to reconsidering the
action.
Director of Community Services Lambert said he didn't
think any more information on the effectiveness of the
hunt would be obtained in a two-week period. He said
we would have to begin a trap and transfer plan if we
are going to remove them permanently. Peterson asked
if there was a way to determine if those geese shot
were long-term residents of Olympic Hills. Anderson
said he believed there were some that have leg or neck
bands that would provide a means of identification.
September 2, 1986 City Council Minutes -16-
Bentley said he was concerned that the residents in
the area were not properly informed before a decision
was made and that there are some better long-term al-
ternatives.
A general discussion followed as to what was meant by
the motion on the floor. The consensus was that the
motion was to reconsider the approval of the hunt and
to set a Public Meeting for the next regular Council
meeting to review and discuss the proposal.
VOTE ON THE MOTION: Motion failed with Redpath,
Pidcock and Anderson opposing.
MOTION: Redpath moved, seconded by Anderson, to set
an informational meeting to be held on Thursday, Sep-
tember 21, 1986 to provide information to the public
regarding plans for the goose hunt at Olympic Hills.
Motion carried unanimously.
Lambert asked if we wanted all the experts to attend.
Peterson said yes and that residents should be sent
notices of the meeting.
2. Anderson - Informational meeting on lake levels
Anderson said some residents had expressed concerns
regarding the effect of stabilizing the water levels
on their property and they wanted some input with the
Watershed District and the D.N.R. He said he thought
that was reasonable and that we should have a Public
Meeting to provide information. Peterson asked if
that could be combined with the Chain of Lakes study
meeting. Anderson said he thought it was part of that
study and that he had told the residents they were en-
titled to the information.
City Manager Jullie said he thought we could have some
sort of informational hearing as part of the design
phase to show residents what is proposed and to get
input before it is finalized.
MOTION: Anderson moved, seconded by Redpath, to have
an informational meeting regarding lake levels and the
Chain of Lakes study proposals, with details as to
date and location to be set by staff. Motion carried
unanimously.
Pidcock asked if we are planning to give any award or cer-
tificate of bravery to the man who rescued the truck driver
from the truck accident on Hwy. 169. Jullie said the Awards
City Council Minutes -17- September 2, 1986
Committee is reviewing the situation and will come back
with a recommendation.
Pidcock referred to a letter the Council received from
Trevor Gettelman regarding setting a speed limit higher
than 30 MPH on roads such as Anderson Lakes Parkway. She
asked Staff to get back to the Council in a month as to the
possibility of a higher speed limit.
B. Report of City Manager
1. Resolution No. 86-236 regarding Eden Prairie Rideshare
program
City Manager Jullie said this is an amendment of a
prior resolution sponsoring a request for funding from
the Minnesota Dept. of Energy and Economic Development
(MDEED) for the Rideshare program run by the Eden
Prairie Chamber of Commerce. He said MDEED reviewed
the resolution and determined that it should include
the direction that the City Council would appoint the
Chamber's Transportation Committee to be the Community
Energy Council. He said this new resolution includes
that direction.
MOTION: Bentley moved, seconded by Pidcock, to adopt
Resolution No. 86-236 sponsoring a request for funding
by the Minnesota Department of Energy and Economic
Development for Eden Prairie Rideshare. Motion carried
unanimously.
2. Agreement relating to a lost certified check
Jullie said the City supposedly received a certified
check for $62,000 with regard to a development I.R.B.
He said Staff doesn't recall receiving it and can't
find it. He said that the persons who provided the
check are asking us to enter into an agreement that,
should we find it, we will not cash it and that the
agreement had been checked by Mr. Pauly.
MOTION: Bentley moved, seconded by Anderson, to ap-
prove the agreement relating to the lost certified
check. Motion carried unanimously.
Jullie reported that they are working on the City budget
and should have it ready in a couple of weeks.
City Council Minutes -18- September 2, 1986
C. Report of City Attorney
City Attorney Pauly's report was given at the special
session following the meeting.
D. ReRort of Director of Public Works
1. Award contract for Hidden Glen 3rd Addition, I.C.
.2-102 (south of Townline Road and adjacent to Dell
Road) Resolution No. 86-226
Director of Public Works Dietz said Staff is recom-
mending that the contract be awarded to the Nodland
Construction Co., Inc., who submitted the lowest bid
for the improvements. He said the bid was slightly
under the engineer's estimate and that it was a 100%
petition project.
MOTION: Pidcock moved, seconded by Bentley, to adopt
Resolution No. 86-226 accepting the bid of Nodland
Construction Co., Inc. for I.C. 52-102, Hidden Glen
3rd Addition improvements. Motion carried unanimously.
2. Award contract for Valley View Road, west of Golden
Triangle Drive, I.C. 52-089 (Resolution No. 86-227)
Director of Public Works Dietz reviewed the project
and said that only two bids were received. He said
the bids were 35% over the engineer's estimate in the
Feasibility Study. He said that no one is in a real
hurry to complete this project and so Staff is recom-
mending that all bids be rejected and the project be
returned to Staff and consultants for appropriate
changes and then repeat the process.
MOTION: Bentley moved, seconded by Pidcock, to reject
all bids for I.C. 52-089 and return the project to
Staff and consultants in order to make appropriate
changes in the project. Motion carried unanimously.
3. Plan approval, TH 169 improvements between CSAH 1 and
Prairie Center Drive (Resolution No. 86-216) Contin-
ued from August 19, 1986
Director of Public Works Dietz noted that this item
was continued from the August 19th meeting. He pointed
out the pi-oposed layout on a map of the project. He
said there was a median down the entire length of the
project and that the road was supposed to have been
under construction this year. He said the State is
City Council Minutes -19- September 2, 1986
asking for approval of the plan so that they can go
into the final design stage and acquire the necessary
right-of-way.
Dietz said the State held a public meeting in July and
all adjacent property owners were notified of the meet-
ing. He said, because of some of the concerns expressed,
he had suggested that the driveways in the vicinity of
Modern Tire be consolidated into one location on a
reserved right-of-way going back to the east off 169.
He reviewed other concerns expressed by residents at
the July meeting.
Peterson asked what access the residents will have.
Dietz said that the residents on the east side of the
road were concerned about left turns into their prop-
erty. He said one median cut is proposed in that area
and that the location of the cut is still subject to
our direction.
Peterson asked if there would be a service road for
the properties. Dietz said Columbine Road will tie in
as a frontage road on the west side but there is no fron-
tage road on the east side, creating a possible safety
problem.
Peterson asked if there wasn't a way to provide a 12-16
foot common drive paralleling the highway that would
serve the residents. Dietz replied that the State said
there isn't and they are proposing the seven driveways
have right-in, right-out turns. Bentley suggested that
a strong recommendation from us to combine the drive-
ways by building a driveway quality roadway to consoli-
date all of them might cause the State to reconsider.
Dietz said there were two property owners who were con-
cerned about having to make a U-turn. A discussion
followed regarding the proposed median cut and concerns
regarding safety.
Dietz noted that he had asked them to consider doing an
urban section rather than rural section but that they
said the cost was prohibitive for curb, gutter and storm
sewer as opposed to additional right-of-way.
Dietz said Staff had also asked them to consider a bike
path/trailway system on the west side and that, after
studying it, the State responded that there would have
to be some cost participation from the City.. He said
the estimated cost was about $225,000 for the section
from Prairie Center Drive to County Road #1 and that
City Council Minutes -20- September 2, 1986
$130,000 of the cost was for extra right-of-way. He
said Staff intends to pursue the trailway issue and see
if it can be fit into the plan.
MOTION: Redpath moved, seconded by Anderson,to adopt
Resolution No. 86-216 approving preliminary plans for
TH 169 improvements between CSAH 1 and Prairie Center
Drive, with the addition of the Staff recommendations
regarding the consolidation of driveways and the pro-
posed trailway system. Motion carried unanimously.
4. Plan approval, Dell Road/184th Street . from TH5, north
Dietz referred to the letter of August 22nd from the
City of Chanhassen in which they propose constructing
a portion of the Dell Road/W. 184th Street alignment
and ask for our concurrence on the construction plans.
He said the developer who owns The Press wants to develop
the industrial area as part of a redevelopment project;
therefore some funds are available for improvements for
road access into the area. He then reviewed the details
of the project which calls for Chanhassen to build
their part at their expense and Eden Prairie ultimately
to build our part at our expense.
MOTION: Pidcock moved, seconded by Bentley, to concur
with the proposed design plans for Dell Road/W. 184th St.
as proposed by the City of Chanhassen with the under-
standing that at some time in the future we will have
some obligation in the development of that roadway.
Bentley commented that he thought this was one of the
most important connections in each City and that he
was glad to see them going ahead with their portion
since joint development of this road has been discussed
for a long time.
VOTE ON THE MOTION: Motion carried unanimously.
E. Report of Director of Community Services
1. Edenvale Park Trails System (continued from August 5, 1986)
This item was deleted from the Agenda and was continued
to the October 7th meeting under Item I.
2. LAWCON Application
Director of Community Services Lambert said that earlier
this year we submitted an application for a LAWCON grant
to purchase additional land at Riley Lake. He said
-21- September 2, 1986 City Council Minutes
because of the additional development added to this
year's application we are now ranked fourth. He said
the project is estimated at $500,000 but there is only
$135,000 left available from the grant and so we need
to decide whether to pursue the grant or drop out and
reapply next year.
Peterson asked what the time limit was for the project
development. Lambert said it was three years, with
the possibility of extensions.
Anderson asked what was the precedent set about re-
filing next year. Lambert said there was no prece-
dent but that no points are lost by not going ahead.
Lambert noted that Friday is the deadline for the
grant.
MOTION; Bentley moved, seconded by Anderson, to with-
draw from the application process for this year and
reapply next year.
Anderson asked if the property owners would be willing
to take an option. Lambert said he hadn't talked to
them about it. Redpath noted he thought the owner would
like to have the property preserved by the City.
VOTE ON THE MOTION: Motion carried unanimously.
MOTION: Anderson moved, seconded by Pidcock, to direct
Staff to investigate the possibility of taking an op-
tion on the property involved. Motion carried unani-
mously.
3. North Star Hockey Club Request
Lambert said that, under the agreement entered into
with the North Stars regarding hours to be sold to
them, the open skating hours were considered taboo,
but that this year they had requested eight Saturday
afternoons. He said the request was refused but that
they came back with a special request for September 20th
for their training camp.
Anderson asked who would be involved in the training
camp. Lambert said they have players drafted from all
over the country coming to the training camp. Anderson
suggested that it could be built up as a special com-
munity event.
Pidcock said she was concerned about setting a prece-
dent by approving this request. Bentley said he thought
City Council Minutes -22- September 2, 1986
this wasn't necessarily the case since it would be
billed as a special event. A discussion followed
regarding the possible precedent set by granting
the request.
MOTION: Redpath moved, seconded by Bentley, to ap-
prove this one-time request from the North Star Hockey
Club for Saturday, September 20th on the basis that
it will be considered a community event. Motion car-
ried with Pidcock opposing.
1
X. NEW BUSINESS
Councilmember Redpath announced that he would not run for re-
election this year.
XI. ADJOURNMENT
MCTION: Bentley moved, seconded by Pidcock, to adjourn the
meeting at 12:05 PM to a special session with City Attorney
Pauly to discuss matters in litigation. Motion carried unani-
mously.
ames of Petit.iaers
nst Be Proper* OWners)
(ATTACHMENT A)
CITY OF EDEN PRAIRIE, MINNESOTA
PETITION FOR LOCAL IMPROVEMENT
TO The Eden Prairie City Council:
The undersigned property owners herein petition the Eden Prairie City
Council to consider making the following described improvements(s):
(General location) c Sanitary Sewer c 5;:le (2,+, // / / C. /7
IT „ ; r , r 5
X Storm Sewer
Street Paving
Other
)< Watermain
Street Address or Other
Legal Description of
Property to be Served
: C
' 7 -
5
(For City use)
Date Received
Project No.
Council Consideration
RLT/pam A
(ATTACHMENT B)
HEARING ON PROPOSED ASSESSMENTS
City of Eden Prairie, Minnesota
September 2, 1986
RE: Anderson Lakes Parkway Assessment
Assessment IC 52-035
TP 22-116-22
To: John Frane, City Clerk, City of Eden Prairie, Minnesota
Tandem Corporation, through its officer, James Ostenson,
hereby files this written objection to the proposed assessments
• against properties in Eden Prairie, Minnesota, where Tandem
Corporation is the fee owner in connection with the above
•designated projects. The properties owned by Tandem Corporation
are as follows:
Outlot C Research Farm Addition
PID - TP 22-116-22 12 0001
The basis of the objection is the following:
Officials of the City of Eden Prairie advised Tandem Corpora-
tion that they would be assessed $90,000.00 for the Anderson Lakes
Parkway improvements. The proposed assessments of $170,000.00 are
virtually double the represented assessments and are far in excess
of any benefit to the properties owned by Tandem Corporation.
This protest is filed pursuant to the provisions of Minnesota
Statutes, Section 429.061 to preserve the rights of Tandem Corpora-
tion to appeal this assessment to the District Court if the
ultimate assessments against the properties in question are not in
• line with the representations made to Tandem Corporation by
officials of the City of Eden Prairie.
Respectfully submitted,
Dated: September Ak , 1986.
By:/ ) t,41-°
os L. Thorfinn
Atty. egistration t109587
Attorneys for Tandem CdipOration
6640 Shady Oak Road, Suite 400
Eden Prairie, MN 55344
Phone: (612) 941-1040
Mailing address: P. 0. Box 190
Hopkins, MN 55343
lesou fiwe C/Tr 4e-.K 6711 or 4.6F4' 11;124e/1
D ezo Cor-ezz-te 6,-65ee2
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LA S CerieAsie407a,,-'
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
THURSDAY, SEPTEMBER 4, 1986 7:30 PM, SCHOOL ADMINISTRATION BUILDING,
ROOM 205
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and
Paul Redpath
City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, and
Recording Secretary Jan Nelson
ROLL CALL: Councilmember Anderson arrived at 7:45 PM.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Pidcock moved, seconded by Redpath, to approve the
Agenda and Other Items of Business as amended and published.
Motion carried unanimously.
II. MINUTES OF CITY COUNCIL MEETING HELD THURSDAY, AUGUST 21, 1986
MOTION: Bentley moved, seconded by Redpath, to continue the
Minutes of the City Council meeting held Thursday, August 21,
1986 to the next meeting. Motion carried unanimously.
III CONTINUED DISCUSSION OF CITY HALL OPTIONS
Peterson suggested that the proceedings begin with a discussion
of the committee process. He said that, if the committee pro-
cess is approved, he would suggest the Councilmembers give him
names of two or three people who might serve either on an execu-
tive committee or on the full committee and we would then se-
lect a Chairman and three others to serve on an Executive Com-
mittee. He said he thought those four should then select 12
others and advertise in the Eden Prairie News for more nominees
from the community, subject to the Executive Committee select-
ing eight more committee members from those responding, and
then submitting the full roster of the committee for Council
approval.
Bentley said he would like to delete Item 8 regarding implemen-
tation in accordance with committee recommendations, He sug-
gested that we proceed with the appointment of the committee
and that we narrow the scope of what the committee would be
dealing with. Peterson said he thought that any areas in
which we might limit the latitude of the committee should be
done prior to committee selection.
;e13S-
City Council Minutes -2- September 4, 1986
COUNCILMEMBER ANDERSON ARRIVED AT 7:45 PM.
Bentley said he would like to make the charge to the commit-
tee somewhat more specific than what is outlined in the pro-
cess, such as whether site selection would be part of the
process and if so, will we limit the sites to be considered,
or whether the committee will deal with leasing as well as
building. He said he hoped we would arrive tonight at some
way of dealing with the immediate space problem for the short
term and that the committee's job would then be to find a
long-term alternative that would probably include site review,
size of building and a decision as to a referendum or not.
Pidcock said she was opposed to removing Item 8 since she be-
lieved that if we have a committee we should go with their
decision. She said she thought the committee should have very
definite paramters under which they would operate.
Peterson asked if we should charge the committee to explore
both long-term lease options as well as building, or should
we say to explore building only. Pidcock said she thought it
was not economically feasible to lease for the long term, al-
though it would be proper to lease for the short term. Bentley
said that leasing always remains an option for the Council if
need be. A discussion of the definition of "long term" fol-
lowed and the consensus was that it meant more than three years.
Redpath said it may take more than three years for the commit-
tee process and planning and construction of a building.
Anderson said he thought the committee should be asked to tell
us what they think we need as far as a City Hall is concerned
with their recommendations as to type of site but not necessari-
ly the exact site, the size of the building for so many em-
ployees and the projection of how long that building would meet
our needs.
MOTION: Bentley moved, seconded by Pidcock, that the committee
not be charged with exploring leasing options.
Anderson asked if that would exclude a short-term lease con-
sideration. Peterson said he thought short-term leasing does
not solve the primary charge which is to recommend a final
solution to the needs of City Hall.
VOTE ON THE MOTION: Motion carried unanimously.
Peterson suggested discussing site selection next. Bentley
said in that regard do we want the committee to explore any
sites other than City-owned sites and, if so, do we want to
specify which sites they should explore as possibilities.
II
City Council Minutes -3- September 4, 1986
Peterson said he would not be in favor of restricting them to
only City-owned sites. Redpath said he thought we should let
them have a full choice as to sites to be considered.
Anderson asked how they will find out what sites are avail-
able as Staff did that before and we have said we do not want
Staff and Council involved in the process. Peterson said he
thought that we meant no committee membership by the Staff
but that the committee would be asked to consult with Staff
whenever necessary.
Peterson said we might want to encourage the committee to
explore a site in the major center area in order to narrow
down the possibilities. Pidcock said she thought we were
told by the citizens that they wanted City Hall to be cost
effective and she thought we should enumerate the sites we
have in mind to help the committee focus their efforts. Red-
path said that he didn't think we got a clear-cut directive
from the community, since 86% of the residents didn't choose
to vote on the referendum.
Bentley said he was reticent for the committee to be turned
loose on the site selection process again, but that if we get
too exclusive on site selection, we are equally open to criti-
cism. He said one option might be to charge the committee that
the Council prefers a major center site but recognizes the po-
tential desire of the community for a site that is City-owned.
Redpath said if the sites are narrowed to City-owned only, he
thought we should go ahead and make the decision ourselves.
Peterson said perhaps we should suggest that first and most
serious consideration be given to the major center area but
that consideration is not restricted to that area, thus show-
ing them that the Council prefers that area.
Anderson said he thought we are now going through the whole
process again and may end up with approximately the same site
as last time after we had decided at previous meetings to ex-
plore building on the Mitchell Road site.
Peterson said one of the charges to the committee is to come
to us with a plan and program that is feasible, one that they
believe is the best and the most obtainable recommendation.
Pidcock said that, as a point of clarification, some Council
members may be in favor of a major center site while others
may not. She said that in the previous site selection we had
a choice of two sites and her preference was not included in
the two choices.
City Council Minutes -4- September 4, 1986
Bentley suggested that the Councilmembers state their prefer-
ence in turn as to what the committee should be charged with.
Peterson said he thought we should encourage the committee to
give first and most serious attention to a major center site
but that consideration not be restricted to that area.
Bentley said while his personal preference remains the major
center site,his political instincts say that we should restrict
the committee to either the Mitchell Road site or County Road 4
site.
Pidcock said she thought the Mitchell Road site makes the most
sense from good management but that the County Road 4 site
should also be considered.
Anderson said he didn't think we should mention the major
center site because that tells them we have a preference and
that we should ask them to find the very best site possible
with the conditions in the City at this time.
Redpath said our reasons for the previous site selection were
valid and reasonable but that he would prefer to go with Mr.
Anderson's suggestion and not restrict the committee as to
site considerations.
MOTION: Anderson moved, seconded by Redpath, that the commit-
tee be given no restrictions as to site selection.
Pidcock said she thought we have to define parameters for the
committee as to what type of site we are looking for. Peter-
son said we might consider agreeing upon a set of criteria to
be used for site selection.
VOTE ON THE MOTION: Motion carried unanimously.
Bentley asked if we want them to make a determination as to the
size of the proposed facility. Assistant to the City Manager
Craig Dawson said that Staff has done extensive studies as to
what size will eventually be needed and that the Council might
like to look at phasing as an alternative.
MOTION: Bentley moved, seconded by Anderson, to include in
the charge to the committee the building size, building cost
and referendum or no referendum and to direct Staff to provide
a complete long-term comparative cost analysis for each alter-
native. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct the
City Manager to recommend a Staff liaison person who would be
)
City Council Minutes -5- September 4, 1986
involved in the committee process from beginning to end to
track the process and provide the Staff support required to
get the job done. Motion carried unanimously.
Bentley said he thought we don't want to restrict their timing
and so he thought the dates should be more open. Pidcock said
she thought there should be some sort of deadline for formu-
lating a program/schedule for implementation (Item 3.f.)
Peterson said Items 4-7 accomplish that.
Anderson asked for clarification of "good" press coverage
in Item 4. Peterson said he thought the intent was "thorough"
press coverage. Anderson said he thought it would be wise not
to involve Staff in the press coverage and have one of the
committee members take that responsibility. Redpath said he
agreed that Staff should be kept out of it. Bentley said he
thought the committee should direct the Staff to put out the
press releases.
Anderson said he thought some money should be budgeted to the
committee so that someone independent from our City Hall can be
hired to keep minutes and do press releases. Peterson sugges-
ted that one person who is a communications specialist might
be asked to serve on the committee.
City Manager jullie suggested that after the committee is
formed they can have a session to determine their needs and
come back with a budget request. Anderson said he thought
that should be put in as part of their responsibility. A
discussion followed regarding the press release and budgetary
issues.
Anderson said he thought a member of the committee should not
have to serve as the secretary since that would limit that in-
dividual's participation in the committee.
MOTION: Pidcock moved, seconded by Anderson, to direct the
committee to determine their needs for part-time help for press
coverage and secretarial help and to bring a budget request for
that help back to the Council. Motion carried unanimously.
Bentley said he thought we should ask Mr. Jullie to come back
to us with some suggested dates rather than trying to nail
down specific dates tonight. He also said that he was still
opposed to Item 8.
MOTION: Bentley moved, seconded by Anderson, to delete Item 8
from the process. Motion carried with Pidcock opposing.
Peterson asked that Councilmembers provide names of nominees
prior to the next Council meeting so that we can select four to
serve as an Executive Committee.
q?i4
City Council Minutes -6- September 4, 1986
MOTION: Bentley moved, seconded by Redpath, to approve the
committee process as amended. Motion carried unanimously.
City Manager Jullie referred to the report of Steve Kellogg,
dated September 3, 1986, that described three alternatives
for City Hall space needs.
Steve Kellogg, representing Welsh Companies, Inc., reviewed
the costs for each of the three alternatives.
Jullie noted that under Alternative 2 they would propose
relocating the following departments: Administration, Finance,
Community Services and Assessing. Kellogg said there would be
some cost duplication under this alternative for such items
as travel, phone lines, receptionist, and others.
Kellogg noted that, regarding Alternative 3, he would probab-
ly be able to go back to the projects listed and negotiate a
better rate. Jullie noted there would be space for Council
chambers included in this alternative.
Jullie said that Staff has a lot of concern about Alternative 2
and that they would generally prefer to tough it out with what
exists now rather than move out part of the staff.
Redpath commented that, if the Gelco unit alternative is chosen,
the space needs would appear to be solved, and if Staff stays
in the current conditions for two years, then where is the
space crunch we've talked about.
Jullie said he was suggesting either take no action and let the
committee process take its course, or lease the entire amount
of space required.
Anderson said that as a Councilmember with a responsibility to
the employees, he couldn't agree with taking no action because
it was unreasonable to ask people to put up with such an intol-
erable situation. He said he was concerned about losing good
employees due to the situation becoming unbearable and then
incurring the expense of training in new employees.
Peterson said that he was in favor of Alternative 2 as it would
give us the additional information on how the split-staff situa-
tion would work.
Anderson asked if there had been any investigation into in-
terest in leasing the City Hall. Jullie replied that the School
District staff expressed a very strong interest in the building
and that they are discussing it this evening at their meeting.
City Council Minutes -7- September 4, 1986
Jullie said that discussions have occurred about its use by
other City groups such as the Seniors, the Community Theater
or Community Band, Historical and Cultural Commission or the
Fine Arts Center.
MOTION: Redpath moved, seconded by Bentley, to approve Alter-
native 2 involving the use of the existing building and par-
tial staff relocation to solve the short-term space needs for
City Hall, subject to a review in six months to assess the
efficiency of operating with a split staff.
Pidcock said she questioned why we hired a City Manager, asked
for his professional opinion and then chose the one alternative
he said was the least desirable.
Anderson said that we haven't really considered Alternative 3.
Peterson said he thought we would be looking at Alternative 3
in six months and that an option on additional space should be
taken wherever the space is rented for Alternative 2. Peter-
son said if there was a need shown for the full staff to be
together we can then exercise the option and, in addition, we
will probably have the results of the committee process by
then.
Bentley said he thought Alternative 2 solves the space problem
but not necessarily the employee problems, and that he doesn't
like the temporary building option. He said he thought Alterna-
tive 2 becomes the "lesser of three evils" by avoiding the
longer commitment of Alternative 3 until we can obtain the re-
sults of the committee process.
Redpath asked if it would be possible to get an option on addi-
tional space in any of the projects. Kellogg said he thought
that if we leased only 8,000 square feet we could probably not
get an option for more than 30 days. Pidcock noted she thought
there is a lot of office space available in the area. Kellogg
said that all of the five projects are newer ones and that new
buildings fill up faster.
Bentley asked about the possibility of a six-month lease.
Kellogg said he didn't think that would be possible.
Anderson said he thought the consensus was that Alternative 1
is out and that Alternative 2 has som problems as he was con-
cerned how well the Staff would function split between two
buildings. He said that he was, therefore, reluctantly in favor
of Alternative 3.
Bentley asked what the minimum time period was for renting the
Gelco portables. Kellogg said it was two years. Bentley then
gliq
Ci•y Council Minutes -8- September 4, 1986
suggested getting only two or three of the portables on the
shortest possible lease period, placing them in a visible loca-
tion and awaiting the committee's recommendations. Anderson
said he thought if we did that we should move all the parking
to the rear.
Redpath noted that the portable units are not connected and
thus the Staff would not be together under either Alternative
1 or 2.
Jullie noted that the cost for Alternative 3 amounts to only
$44,000 per year more than Alternative 2 and the whole staff
could be together. Anderson also noted that figure doesn't
include leasing the present building.
Kellogg said that he might be able to negotiate a better rate
for the projects under Alternative 3.
MOTION WAS WITHDRAWN BY REDFATH WITH BENTLEY'S CONSENT.
MOTION: Bentley moved, seconded by Anderson, to continue
this item to the next regularly scheduled Council meeting
pending the results of discussion with the School District
or others in regard to leasing of the present facility in order
to make a better decision. Motion carried unanimously.
Peterson asked if we could give Mr. Kellogg any further direc-
tion as to more specifics on one or more of the projects.
Redpath said he would like to see project #5 explored very
well because of its good location. A discussion followed as
to which locations should be pursued further.
MOTION: Redpath moved, seconded by Anderson, to instruct
Mr. Kellogg to conduct further research on projects #4 and #5
(Southwest Crossing and Edenvale Executive Center). Motion
carried unanimously.
IV. NEW BUSINESS
There was none.
V. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the
meeting at 9:45 PM. Motion carried unanimously.
MINUTES
SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING
SATURDAY, SEPTEMBER 27, 1986
COUNCIL MEMBERS:
9:00 AM, SCHOOL ADMINISTRATION BUILDING
BOARDROOM
Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and Paul
Redpath
EXECUTIVE MEMBERS OF THE CITIZENS
COMMITTEE FOR CITY ADMINISTRATIVE
OFFICE SPACE:
CITY COUNCIL STAFF:
Rich Anderson, Gene Haberman, Marty
Jessen and Jean Myers
Assistant to the City Manager Craig
Dawson
ROLL CALL - All members present except for Jean Myers.
I. CALL MEETING TO ORDER
Mayor Peterson called the meeting to order at 9:07 AM.
II. APPROVAL OF AGENDA
Councilmember Redpath moved and Councilmember Anderson seconded to
approve the agenda as presented. The motion passed 5-0.
III. DISCUSSION ON THE CHARGE TO THE CITIZENS COMMITTEE FOR CITY
ADMINISTRATIVE OFFICE SPACE
Peterson expressed appreciation of the Council that the members of
the Executive Committee were willing to serve the community in the
quest for a new City Hall. He said that there were many opinions
among the Council and the community about why the May 6, 1986
referendum failed, but that no consensus had emerged about the
primary reasons for the failure. He related the Council's belief
that it could not reach a decision respected by the community within
a two to three year period. Peterson noted that a City Hall is not
the easiest public improvement to have approved by a community. The
community needs to have wide representation on the committee and
must be driven by community members - not Council nor staff.
Within the next week, the Executive Committee would have to submit
names for nomination and appointment by the Council for twelve
positions on the committee. Executive Committee members were also
urged to encourage any other persons in the community for the
remaining eight positions on the committee.
Councilmember Pidcock asked if the choices of the Executive
Committee would be approved as recommended by the Committee or if
the Council would debate them. It was the consensus of the
Council that nominations would not be debated. Anderson wanted
2/-1q3
-2 -
the committee to be concerned that some particular groups, e.g.,
Seniors and the Historical Society, have some representation or
voice on the committee. Pidcock said that the committee should
have a goal of having all segments of the community represented if
they so wished to be. Gene Haberman wondered if the eight at-large
committee members would not result in under- or over-representation
by some groups after the committee selects its twelve members.
Marty Jessen said that the committee needed to develop a framework
for representation and then to have nominees. Redpath wished to
make it clear that it not appear that each organization in the
community needs to be or is entitled to be represented. He noted
that many good people are not in organizations. Councilmember
Bentley said he would rather see segments of the population
represented.
Rich Anderson stated that information is needed from staff and the
Referendum Committee. He wished to have further historical
information about buildings which have been used as the Village and
City Halls. He and others discussed how the effort of the committee
is a market research effort. These efforts would include finding
out who voted and why they voted the way they did, finding those
who did not vote and why not, and what educational efforts are
necessary to make the City Hall issue properly understood by
residents. Bentley suggested that committee members also interview
Councilmembers individually.
Haberman asked why the leasing option was not given to the committee
to study. Bentley said that the Council always had the option to
lease; it needs the committee effort on a building option. Jessen
mentioned that it would be within the purview of the committee to
recommend that the building not be constructed for a number of
years. Haberman said that the committee should also explore the
purchase of existing buildings.
Bentley said that he hoped he would be able to agree with all of
the recommendations of the committee, but he reserved the right to
make the final decision. Pidcock said that she disagreed with Bentley's
statement. Redpath remarked that the Council is ultimately responsible
for making the final decision on this issue. Anderson said he would
hesitate to have all of the effort put forth by committee members
without some certainty of the caliber of the committee's recommendations
and without the full backing of the Council.
Jessen asked if Councilmembers had set preferences about a site, and
if so those preferences should be stated because the site issue is
likely to be the most controversial. Councilmembers said that the
committee had a clean slate in selecting a site. Jessen also wanted
additional information about upcoming referenda by the City and
School District and potential new levy impact of them. He asked
that any financial and budget forecasting by the City be made
available so that the window in the mill rate could be identified
so that a bond issue would be affordable.
Redpath stated that the City's needs need to be addressed independently
of School District needs because the City's issues were equally
critical.
- 3 -
Redpath moved and Pidcock seconded to establish a $500.00 treasury
for the committee for incidential expenses which would be approved by the City Manager or his designee. The motion passed 5-0.
I V. NEW BUSINESS
A. 1st November Meeting
Bentley moved and Redpath seconded that the Council's November 4,
1986 meeting begin at 8:00 PM. Motion passd 5-0.
ADJOURNMENT.
Redpath moved and Pidcock seconded to adjourn the meeting at 10:00 AM.
Motion passed 5-0.
Respectfully submitted,
Craig W. Dawson
Recording Secretary
qqs
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
October 7, 1986
CONTRACTOR (MULTI-FAMILY & COMM.) SEPTIC SYSTEMS
Burton Equipment, Inc.
Donahue Construction
HamMersaW -COnstruction, Inc.
CONTRACTOR (1 & 2 FAMILY)
Ron Clark Construction
Consul form Realty
Designer:Pools by Vossen
Eiger& Bros. Landscaping
Harlannehnen Builders
HirschA3uilders
Marick Builders; Inc.
William Small Construction
Radtke Excavating
Widmer Incorporated
HEATING & VENTILATING
Bowler Co., Inc.
Dean's Heating & Air Conditioning
Reineccius Heating & Air Conditioning
The Plumbing Place
GAS FITTER
Dean's Heating & Air Conditioning
The Plumbing Place
MECHANICAL GAMES
Masterpiece Pizza, Inc.
CIGARETTES
Masterpiece Pizza, Inc.
PRIVATE KENNEL
Allan Nash
TEMPORARY LIQUOR
Eden Prairie Foundation Ball (11-15-86
PLUMBING
Bowler Co., Inc.
Cherry Plumbing
Tom Hessian Plumbing, Inc.
Dan G. Johnson Plumbing
Maple Lake Plumbing & Heating
The Plumbing Place
TEMPORARY RAFFLE
Eden Prairie Foundation Ball (11-15-86)
• These licenses have been approved by the department heads responsible for
• the licensed activity.
it Sol ie, Licensing
MEMORANDUM
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
Mayor and City Council
City Manager Carl J. Jullie
Assistant to the City Manager Craig W. Dawson
Amendment to South Hennepin Human Services Council Agreement
September 29, 1986
The Councils of the cities of Bloomington and Richfield have had further
discussions on the revisions to the joint powers agreement for the South
Hennepin Human Services Council. The section of the agreement which has
continually been the source of disagreement is Article VI, Section 12. This
provision specifies the manner in which new programs may be authorized and
undertaken. Language to accomplish such undertakings, which was recommended by
the SHHSC Executive Committee and adopted by the Eden Prairie City Council on
September 16, stated that prior approval by three of the four councils would be
required. The Councils of Bloomington and Richfield objected to this language,
and have approved the revised joint powers agreement subject to the following
wording in this section:
"Section 12. It may conduct human services programs within
the territory of the parties, provided that the undertaking
of any such program new to by South Hennepin Human Services
Council shall first have been approved by the councils of
at 4east three of the four 44 Om parties, and provided that
it transfers control and direction of the program within two
years, unless otherwise authorized by the parties. Any such
program may be submitted to the parties in conjunction with
the annual budget of the organization, or it may be
submitted between budgets at any time."
This amended section essentially retains the provisions of the original joint
powers agreement of 1971. A two-year review and sunset clause has been added.
Recommendation: Inasmuch as the Councils of Bloomington and Richfield have
retrenched their positions on this section, much-needed revisions have been
approved by all of the councils for the rest of the agreement, and the section
in question essentially retains provisions under which SHHSC has operated for 15
years, it is recommended that the proposed amendment to the revised agreement be
approved.
CWD:jdp
September 15, 1986
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
RE: Proposal for Professional Serivces
for Miller Park
Gentlemen:
This letter proposal outlines a Scope of Services, fee
s
c
h
e
-
dule and other elements which, if approved, constitut
e
a
n
agreement between the CITY OF EDEN PRAIRIE, Minnesota
,
herein referred to as the OWNER, and BRAUER & ASSOCIA
T
E
S
LTD., herein referred to as the CONSULTANT.
The OWNER hereby retains the CONSULTANT to provide pro
-
fessional services required to complete site design de
v
e
l
o
p
-
ment, building concepts, and cost analysis for the 96-
a
c
r
e
Miller Park located in the City of Eden Prairie, Minne
s
o
t
a
,
hereinafter referred to as the PROJECT.
A. SCOPE OF BASIC SERVICES
1. Review of existing site conditions.
2. Meeting with OWNER'S representative to review the
PROJECT master plan and review the program documen-
tation.
3. Investigation and review of existing and proposed
development adjacent to the PROJECT site.
4. Preparation and presentation of preliminary design
development site layout and grading plans. (These
documents will not be suitable for public presen-
tation but will serve to stimulate discussiillr5
Or Preparation of preliminary soil investigation map
and assist OWNER in retaining a qualified soil
testing company.
6. Refine the preliminary site layout and grading plans
based upon OWNER'S input.
Investigate specific site amenities, products, and
construction techniques to be used in the PROJECT.
7901 flying Cloud Drive,EdenPrairie,Minnesota55344 0 (612)941-1660
Rit
City of Eden Prairie -2- September 15, 1986
8. Develop the preliminary building concepts.
9. Prepare preliminary project quantity take-offs and
cost estimates.
10. Presentation of refined site layout and grading
plans, preliminary building concepts, and cost esti-
mates of all Items 1 - 10. as listed in the City's
Request for Proposal, to the OWNER.
11. Prepare final revisions of the site design develop-
ment based upon soils data and client input.
12. Revised building concepts per client input.
13. Preparation of final overall PROJECT quantity take-
offs and cost estimates.
14. Develop preliminary PROJECT phasing plan and cost
breakdown per phase.
15. Review final design development, building concepts,
cost estimates, and preliminary PROJECT phasing and
cost breakdown with OWNER.
16. Complete final revisions to the PROJECT phasing plan
and cost breakdown.
17. Presentation of the final document package to the
OWNER. This will include three (3) blueline copies
of all plans and drawings and three (3) Xerox-
quality copies of all cost estimates, data sheets,
product cut sheets, etc. for the OWNER'S use.
B. FEES FOR PROFESSIONAL SERVICES
The OWNER shall compensate the CONSULTANT for completion
of professional services described above as follows:
1. For the CONSULTANT'S Basic Services, as described in
Paragraphs A.1 through A.17 above, a lump sum fee of
SIXTEEN THOUSAND DOLLARS ($16,000.00), including all
direct expenses.
2. For the Consultant's Additional Services (services
beyond the scope of the basic services which are
specifically requested and authorized by the OWNER),
the OWNER shall reimburse the CONSULTANT on an
hourly basis, plus all direct expenses.
Senior Professional
Professional III
Professional I
Senior Technician
Technician III
$70.00/hr.
$60.00/hr.
$29.00/hr.
$32.00/hr.
$25.00/hr.
City of Eden Prairie -3- September 15, 1986
C. PAYMENT TO THE CONSULTANT
1. Statements will be submitted to the OWNER on a
monthly basis, with a breakdown of time and expenses
for services performed or work completed, through
the 25th of the previous month.
2. Payments on account of the CONSULTANT'S services are
due and payable upon receipt of CONSULTANT'S state-
ment of services rendered.
D. OWNER'S RESPONSIBILITY
The OWNER shall provide all data that is reasonablly
available and related to the work and all other data or
information which may develop that could possibly have a
bearing on the decisions or recommendations made under
this Agreement. The OWNER shall specifically provide:
1. Reproducable composite base map including all
topography, project property lines, utilities, ease-
ments, etc.
2. Identification of any site legal restrictions.
3. Soil borings and surveys integral to PROJECT
requirements, utilities, asbuilts, and other data
which describes the general nature and conditions of
the site.
4. OWNER to provide standard City specifications that
may be required as a part of the PROJECT and that
may impact development costs.
5. Additional data or information which will have a
bearing on the planning or design conclusions and
recommendations of the CONSULTANT.
6. One designated individual with whom the CONSULTANT
can meet, receive instructions, deliver information,
and coordinate all planning activities.
7. One copy of the master plan and written program
statement.
:City of Eden Prairie -4- September 15, 1986
E. TERM, TERMINATION, SUCCESSORS AND ASSIGNS
I. The term of the Agreement shall be concurrent with
the work authorized.
2. Termination may be accomplished by either party at
any time by written notice and shall be effective
upon payment in full for all services performed to
the date of receipt of such notice. Payment for
services completed up to the time of termination
shall be based upon the following breakdown:
A-1 thru A 4 - Step 1
$ 2,500.00
A-5 thru A-10 - Step 2
$ 5,500.00
A-11 thru A-I5 - Step 3
$ 7,500.00
A-16 thru A-17 - Step 4
$ 500.00
3. The OWNER and the CONSULTANT each binds itself, its
successors, assigns and legal representatives to the
other party to this Agreement, and to the successors,
assigns and legal representatives of such other party
with respect to all covenants of this Agreement.
4. Neither the OWNER nor the CONSULTANT shall assign,
sublet, or transfer his interest in this Agreement
without the written consent of the other.
F. NONDISCRIMINATION
The CONSULTANT agrees that during the life of this con-
tact, he will not, within the State of Minnesota,
discriminate against any employee or applicant for
employment because of race, color, creed, national ori-
gin, or ancestry, and will include a similar provision
in all subcontracts entered into for the performance
hereof. This contract may be cancelled or terminated by
the OWNER, and all money due or to become due hereunder
may be forfeited for a violation of the terms or con-
ditions of this Paragraph. This Paragraph is inserted
in this contract to comply with the provisions of
Section 181.59, Minnesota Statutes, incorporated with
and made a part of this contract by reference.
G. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE
1. The CONSULTANT shall maintain time records for hourly
fees, reimbursable expenses, design calculations and
research notes in legible form which will be made
available to the OWNER, if requested.
2. The CONSULTANT shall carry insurance to protect it
from claims under Worker's Compensation Acts; from
claims for damages because of bodily injury including
death to it's employees and the public, and from
claims for property damage.
A161
vi ce
GWW/1 k
Watson
resident
In presence of:
City of Eden Prairie -5- September 15, 1986
3. The CONSULTANT shall name the OWNER for this PROJECT
as a co-insured on the CONSULTANT's General
Liability Insurance Policy and shall provide the
OWNER with Certificates of Insurance for
CONSULTANT'S Worker's Compensation Insurance,
General Liability Insurance, and Professional
Liability Insurance prior to beginning work.
4. The OWNER shall have full rights to reproduce works
under this Agreement either in whole or in part as
related to this PROJECT. One copy of each drawing
shall be provided in reproducible form for use by
the OWNER, but the original drawings will remain the
property of the CONSULTANT.
H. EXTENT OF AGREEMENT AND APPLICABLE LAW
1. This agreement represents the entire and integrated
agreement between the OWNER and the CONSULTANT and
supersedes all prior negotiations, representations,
or agreements, whether written or oral, with respect
to the PROJECT. This agreement may be amended only
by written instrument signed by both OWNER and
CONSULTANT.
2. Unless otherwise specified, this Agreement shall be
governed by the law of the State of Minnesota.
IN WITNESS WHEREOF the OWNER and the CONSULTANT have made
and executed this Agreement.
This day of
, 1986.
CITY OF EDEN PRAIRIE
Eden Prairie, Minnesota
BRAUER & ASSOCIATES LTD.
Eden Prairig, Minnesota
In presence of:
o'N
John D. Frane, Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-258
A RESOLUTION APPROVING FINAL PLAT OF
PRIMELAND 5TH ADDITION
WHEREAS, the plat of Primeland 5th 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 CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. Plat approval request for Primeland 5th Addition is approved
upon compliance with the recommendation of the City Engineer's
report on this plat dated September 29, 1986.
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 City Council on October 7, 1986.
Gary D. Peterson, Mayor
ATTEST
SEAL
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
PROPOSAL:
HISTORY:
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
Mayor Peterson and City Council Members
Carl J. Jullie, City Manager
Eugene A. Dietz, Director of Public Works
Jeffrey Johnson, Engineering Technician?- .2' '
September 29, 1986
PRIMELAND 5TH ADDITION
Prime Development Corporation has requested City Council
approval of the final plat of Primeland 5th Addition, a replat
of Outlot B Primeland 3rd Addition. The site contains 5.86
acres and is located within the City West area in the North
1/2 of Section 1.
The preliminary plat was approved by the City Council August
5, 1986, per Resolution 86-190.
The Developer's Agreement referred to within this report was
executed September 2, 1986.
Zoning to Office was finally read and approved by the City
Council September 2, 1986, per Ordinance 42-86.
VARIANCES:
All variance requests must be processed through the Board of
Appeals.
UTILITIES AND STREETS:
Utilities and streets not lying within a public easement will
be owned and maintained by the owner's association. The
maintenance responsibilities for the utilities and streets are
covered by the Declaration of Covenants, Conditions, Easements
and Restrictions for City West dated October 27, 1983 and
recorded at Hennepin County. Additional requirements for the
installation of utilities and streets are covered in the
Developer's Agreement.
This plat represents the last parcel to be developed within
the Primeland P.U.D.; therefore, prior to release of the final
plat, the developer shall provide the City with easements
covering the trunk water and storm sewer through the entire
Primeland development.
;05-
Page 2, Final Plat of Primeland 5th Addition
9/29/86
PARK DEDICATION:
Park dedication shall conform to City Code requirements.
BONDING:
The requirements for bonding are covered in the Developer's
Agreement.
RECOMMENDATION:
Recommend approval of the final plat of Primeland 5th Addition
subject to the requirements of this report, the Developer's
Agreement and the following:
I. Receipt of engineering fee in the amount of $585.-
2. Receipt of easements covering City owned utilities.
JJ:sg
co: M.R.T.T. Joint Venture
K.K.E. Architects
Merila & Associates
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 86-259
RESOLUTION AUTHORIZING PERMIT APPLICATION
FOR WINDSONG TWO
WHEREAS, the proposed sanitary sewer to be constructed in Wingsong Two
requires a connection to the Metropolitan Waste Control Commission (MWCC)
interceptor system; and
WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive
,Sewer Plan.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The City Engineer is hereby authorized and directed to submit an
application for "Permit for Connection to or Use of Commission
Facilities" to the Metropolitan Waste Control Commission.
ADOPTED by the Eden Prairie City Council on October 7, 1986.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
Staring Pines Addition
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1986, by
Jerome Theodore and Linda Jean Krebsbach, husband and wife, hereinafter referred to
as "Developers," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City:"
WITNESSETH:
WHEREAS, Developers have applied to City for Preliminary Plat of 1.63 acres
into three single family lots within the R1-22 Zoning District, 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 Resolution #86-191,
Developers covenant and agree to construction upon, development, and maintenance of
said property as follows:
1. Developers shall develop the property in conformance with the
materials revised and dated , 1986, reviewed and
approved by the City Council on August 5, 1986, and attached hereto
as Exhibit B, subject to such changes and modifications as provided
herein. Developers shall not develop, construct upon, or maintain
the property in any other respect or manner than provided herein.
2. Developers covenant and agree to the performance and observance by
Developers 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. Developers agree to confine grading to that area of the property
within the construction limits as approved by the City.
Upon approval by the Director of Planning, Developers shall
implement, or cause to be implemented, those improvements listed
above in said plans, as approved by the Director of Planning.
6. Developers shall notify the City and the Watershed District 48 hours
prior to any grading, tree removal, or tree cutting on the property.
Developers agree that, prior to issuance of any building permit upon
the property Developers shall submit to the Chief Building Official,
and receive the Official's approval of plans for septic systems and
well systems for sanitary sewer and water improvements-for each
individual lot.
Upon approval by the Chief Building Official, Developers agree to
construct, or cause to be constructed, those improvements listed
:above in accordance with Exhibit C, attached -hereto, as approved by
the Chief Building Official.
Each lot shall connect to public sanitary sewer and public Water
main services after such „services become available. Connection- of
each individual lot shall be required After the public services are
r available and at suth:tiMe as:Ahe specific systems on :eith lot
--require repairs. The costs for utility and street improvements
shall be assessed in an Amount determined by a feasibility :study •h
the future.
The front yard setback for,each lot shall be 47,7. ft.: as'a minimUm
so that it is consistent with the aVeragejrOntjard setbatk for the
existing neighborhood surrounding:the -PrOperty,
Exhibit A
LEGAL DESCRIPTION FOR PROPOSED STARRING PINESADDITION
A tract of land in the Southeast 1/4 of Section 21,. Township 1164
North. Range 22, West of the 5th :Principal.Merldian,Jlennepin _
County, Minnesota, described asfollOWs1 Commencincpt
on the North line of Lot 1, Block 2, Of "Starring Lake First
Addition a distance of 30.17leet -::Easterly:,frOm the Northwest
,corner' thereof; thence North 19 degrees 46 MinuteelSeeCondt
East a distance of 944.49 feet: thence on a curve to the right
having a central angle of 69 degrees 03 minutes and e'radiusof
116.29 feet a distance of 138,75 feet; thence:North 88(degrees
.49 minutes 35 seconds East a distance of 77.3 feet to the Actual
point of beginning; thence continuing North 88degreee49 minutes
35 seconds East a distance of 211 ..45feetv ,thence one curve to
the right having a central angle: of 93-degree5-33 minutes :anda
radius of 79.89 feet a distanceof:130,22feet'; thenCeHSouth 02
degrees 22 minutes 35 seconds West a distance:of 191,00 feet;
thence South 89 degrees 06 minutes 25:seconds West adistance of:
343.3 feet to an intersection with a line bearing Sout1“2:degrees
29 minutes 40 seconds West from: the point of beginning thence
North 12 degrees 29 minutes 40 seconds East a distance of 280,98
feet to the actual point of beginning. Subject to an easement
for road as recorded in Book of Deeds #2120, Page 387. For the
purposes of this description the Northeasterly line of Starring
Lake First Addition is assumed to be South 64 degrees 04 minutes
25 seconds East.
n en 04)1
Staring Pines Addition
OWNERS' SUPPLEMENT
TO
DEVELOPER'S AGREEMENT
BETWEEN
JEROME & LINDA KREBSBACH
AND THE
CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
, 1986, by
and between Eugene and Margaret Pexa, husband and wife, hereinafter referred to as
"Owners," and the City of Eden Prairie, hereinafter referred to as "City:"
For and in consideration of, and to induce, City to adopt Resolution #86-191
approving the preliminary plat for the Staring Pines Addition, as more fully
described in that certain Developer's Agreement entered into as of
, 1986, by and between Jerome Theodore And Linda Jean
Krebsbach, husband and wife, Owners agree with the City as follows:
1. This Agreement shall be binding upon and enforceable against Owners,
their successors, heirs, and assigns of the property.
2. If the Owners transfer such property, owners shall obtain an
agreement from the transferree requiring that such transferee agree
to the terms of the Developer's Agreement.
EUGENE PEXA
MARGARET PEXA
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
Stenehjem Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 35-86
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 R1-13.5 District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
R1-13.5 District, and the legal descriptions of land in each District referred to in
City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended
accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "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 , entered into
between The Bluffs Company, a Minnesota corporation, and the City of Eden Prairie,
which Agreement is hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 1st day of July, 1986, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 19th day of
August, 1986.
ATTEST:
Jhi D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
Exhibit A
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Stenehjem Addition
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1986, by
Kathleen Stenehjem, an individual, hereinafter referred to as "Developer," and the
CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District Amendment from
the Rural District to the R1-13.5 District and preliminary plat of 3.34 acres into
five lots, for construction of five single family homes, 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 #35-86,
Developer covenants and agrees to construction upon, development, and maintenance of
said property as follows:
1. Developer shall develop the property in conformance with the
materials revised and dated , 1986, reviewed and approved
by the City Council on July 1, 1986, and attached hereto as Exhibit
El, subject to such changes and modifications as provided herein.
Developer shall not develop, construct upon, or maintain the
property in any other respect or manner than provided herein.
2. 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. Developer agrees to include all land owned by Developer, as depicted
in Exhibit 0 attached hereto and made a part hereof, in a final plat
of the property. Developer shall include 17.5 ft. of right-of-way
dedication for Townline Road in said final plat.
4. Prior to issuance of any grading permit upon the property, Developer
shall submit to the City Engineer, and receive the City Engineer's
approval of plans for streets, sanitary sewer, water, 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. Developer agrees to notify the City and the Watershed District at
least 48 hours in advance of any grading, or tree removal, on the
property.
Prior to issuance of any permit for grading upon the property,
Developer agrees to implement erosion control measures and adequate
protective measures for areas to be preserved and areas where
grading is not to occur, and to receive City approval of said
measures. Prior to approval by the City, the Developer must call
for on-site inspection of the property by the City, and defects in
materials and workmanship in the implementation of said measures
shall then be determined by the City. Defects in materials or
workmanship shall then be corrected by the Developer, reinspected
and approved by the City prior to issuance of the grading permit by
the City. Approval of materials and workmanship may be subject to
such conditions as the City may impose at the time of acceptance.
6. Developer agrees to confine grading to that area of the property
within the construction limits as shown on Exhibit B. Developer
shall place snow fencing at the construction limits of the property
prior to any grading upon the property.
Prior to issuance of any grading permit, Develgper shall submit to
the Director of Planning and receive the Director's approval of a
tree inventory of those trees within the construction area and
within 25 ft. outside of the construction area, indicating the size,
type, and location of all trees twelve (12) inches in diameter, or
greater, at a level 4.5 feet above ground level.
If any such trees are removed, damaged, or destroyed outside of the
construction area, Developer agrees that prior to issuance of any
building permit for the property, Developer shall submit to the
Director of Planning, and receive the Director's approval of a
replacement plan for all trees removed, damaged, or destroyed
outside of the construction area. Developer further agrees that
said trees shall be replaced by similar tree species and that the
trees used for replacement shall be no less than six inches in
diameter. The amount of trees to be replaced shall be determined by
the Director of Planning, using a square inch per square inch basis,
according to the area of the circle created by a cross sectional cut
through the diameter of a tree as measured 4.5 feet above the
ground.
If a tree replacement plan is required, Developer agrees that, prior
to issuance of any building permit, to submit a bond, or letter of
credit, guaranteeing completion of all tree replacement work as
approved by the Director of Planning. The amount of the bond, or
letter of credit, shall be 150% of the approved estimated cost of
implementation of all tree replacement work and shall be in such
form and contain such Other provisions And terms as maybe required
by the Director of Planning. Developer agrees to prepare And submit
for approval to the Director of Planning a written estimate Of' the
costs of the tree replacement work to be completed'.
Upon approval by the Director of Planning, Developer:, shall
implement, or cause to be implemented, those improvements listed
above in said plans, as approved by the Director of Planning.
7. Concurrent with building construction on Lot 1, Developer Agrees tO
construct, or cause to:be constructed, A five-foot wide, :five=inch
thick, concrete sidewalk Along themestern:portion of-theproperty,
adjacent to Lot 1, ai'depicted in Exhibit B, attached ..hereto,, in
accordance with the provisions of Exhibit C, attached hereto
8. Developer acknowledges that Lot 1, Block:1, as depicted on Exhibit
B, attached hereto, is -subject to connection fees for Public
utilities, which shall be due and4ayable prior:to:the issuance of
any building permit on the said lot (The 1986 fee is $7,400.00.)
9. Developer acknowledges that' all property owned by Developer. as
depicted in Exhibit 4.attached:hereto, is 'subject to trunk sewer
and water assessments in the amount of $30,137.60, of 010;'14
acres was previously assessed. The amount of $6,004.80 will be
assessed against the platted lots of the subdivision in the. fall,
1986. The remaining 9.24 acres will be: ubject'to trunk sewer and
water main assessments when developed:, rezoned, or subdivided at the
rate prevailing at that time.
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-202
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 35-86 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 35-86 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 19th day of August,
1986;
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.-35-86, 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 brevier or eight-point type, as defined in
Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall be made available for
inspection by any person during regular office hours at the office
of the City Clerk and a copy of the entire text of the Ordinance
shall be posted in the City Hall.
D. That Ordinance No. 35-86 shall be recorded in the ordinance hook,
along with proof of publication required by paragraph B herein,
within 20 days after said publication.
ADOPTED by the City Council on August 19, 1986.
Gary D. Peterson, Mayor
ATTEST:
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane
/s/Gary D. Peterson
City Clerk
Moor
PUBLISHED in the Eden Prairie News on the day of , 1986.
(A full copy of the text of this Ordinance is available from the City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 35-86
Stenehjem Addition
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LANDIROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS 'O
r
L
A
N
D
IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION
1
1
A
9
,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS '
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTAORDAINS:
This Ordinance: re2oning:of.land located north of Craig Drive, east of Duck Lake RoadiAnown as the Stenehjem'AdditiOn, from t
h
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R
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District to the R1-13.5 District, subject to the terMs and conditio
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developer's agreement. Exhibit A, included Witti -this Ordinance, gives the full legal description of this property.
MEMORANDUM
Mayor and City Council
City Manager Carl J. Jullie
Captain Jim Clark
Revisions to Ordinance Code Relating to Firearms
October 3, 1986
As a result of investigation associated with the now-dead Olympic Hills
goose hunt on the carrying distance of shotgun projectiles, it has become
• apparent that applicable sections Of the Ordinance Code should be amended
to strengthen safety.
, Changes to Code Section 9.40 in the Proposed ordinance (attached) would:
a) increase from 500 feet to 1000 feet the minimum distance
from a building or main road within which a shotgun or bow
may be used; and
b) increase from 1200 feet to 1500 feet the minimum distance
from any building, Highway 169-212, or Riverview Road
within the hunting areas of the City in which shotgun slugs
may be used.
Recommendation: It is recommended that the Council approve the first
reading of Ordinance No. 53-86 and set second reading for October 21, 1986.
JC:CJJ:jdp
ORDINANCE NO. 53-86
AN ORDINANCE AMENDING CITY CODE SECTIONS 9.40, SUBD. 3-E(3) AND 9.40,
SUBD.3-F (3-a) RELATING TO DISCHARGE OF WEAPONS AND ADOPTING BY
REFERENCE CITY CODE CHAPTER I AND SECTION 9.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the City's Ordinance Code be amended as follows:
"Section 9.40, Subdivison 3. Permit Required for Discharge
of Firearms.
E. The Department of Public Safety will review all
all applications for permits based on the following
criteria:
3. In no case shall a permit be issued for discharging
on any property within -we 1000 feet from a
building or main road.
F. Permits may be issued for the discharge of shotgun
slugs...
3. Issuance of a permit hereunder shall be
conditioned upon the following:
a. The holder of such permit shall not discharge
a shotgun slug within 4iO8 1500 feet from any
building, Highway 169-212, or Riverview Road."
Section 2. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for
Violation" and Section 9.99, entitled "Violation a Misdemeanor" are hereby
adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This Ordinance shall become effective from and after its
passage and publication.
FIRST READING at a regular meeting of the City Council of the City of Eden
Prairie on October 7, 1986, and finally read and adopted and ordering
published at a regular meeting of the City Council of said City on the 21st
day of October, 1986.
ATTEST
Gary D. Peterson, Mayor
John D. Frane, City Clerk
Published in the Eden Prairie News on the
day of
*Joanne Wronski
Anne Thomas
Linda Campbell
• Ethyl Wokasch
• Nancy Downey
• Judy Baker
PRECINCT 1B
*Helen Haupt
Frances Schaitberger
Dolores Brown
.Ann Hawkins
Jessie Beyl
Laurel Keitel
Karla Smith
PRECINCT 2
*Aileen Hookum
Judy Kober
Delores Klein
Roberta Bronson
Elaine Udsteun
Laurina Reiff
Melody Villars
PRECINCT IA
14315 Crown Drive
7272 Gerard Drive
8843 Knollwood Drive
12762 Gordon Drive
6950 Mariann Drive
6581 Manchester Lane
6743 Hallmark Drive
6911 Edenvale Boulevard
937-2287
941-8104
934-1746
944-3481
937-8885
944-6154
9371709
937-1041
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-257
BE IT RESOLVED by the City Council of the City of Eden Prairie,
that the following persons have agreed to serve as election judges and
are appointed for the General Election to be held on November 4, 1986.
* Indicates Head Judge for that precinct.
PRECINCT 3
*Sue Lane
Bill McNeil
Mary Upton
Carole Hedlund
Ann Parker
Joyce Myhre
Ann Hagen
PRECINCT 4
KING OF GLORY LUTHERAN CHURCH
6630 Tartan Curve
934-4226
17440 Duck Lake Trail
934-9205
18810 Harrogate Drive
934-8126
15214 Scenic Heights Road
937-8802
6970 Ticonderoga Trail
934-9565
7113 Muirfield Lane
937-2153
EDEN PRAIRIE COMMUNITY CENTER
15709 S. Lund Road
934-9127
9869 Crestwood Terrace
934-0987
7260 Tartan Curve
934-0848
18099 S. Shore Lane West
934-2253
16400 N. Hillcrest Court
934-2536
14960 Ironwood Court
934-4599
6761 Amherst Lane
937-2960
EDEN PRAIRIE ASSEMBLY OF GOD CHURCH
16741 Prairie Lane
934-2550
16921 S. Shore Lane
934-1956
15701 N. Lund Road
934-9124
6236 Eden Prairie Road
934-9070
12774 Gordon Drive
941-3653
7024 Baker Road
937-8820
7616 Carnelian Lane
934-0448
EDEN PRAIRIE COMMUNITY CHURCH
6961 Alpine Trail
937-1669
7341 Franklin Circle
937-2547
16163 Edenwood Drive
937-2938
16441 N. Hillcrest Court
934-8009
16191 S. Hillcrest Court
937-1532
15011 Summerhill Drive
937-2815
16185 Edenwood Drive
937-1610
ST. ANDREW LUTHERAN CHURCH
*Doris Johnson
Cheryl Bridge
Leota Hales
Ruth Mital
Priscilla Bailey
Nikki Anderson
Adeline Levin
Betty Schneider
*Jim Rannow
Alfred Nelson
Bernice Holasek
Bill Jellison
Norma Engel
Marie Wlttenberg
PRECINCT 5B
2 y10
AC. .V.
Page Two
PRECINCT 5A IMMANUEL LUTHERAN CHURCH
16316 Lincoln Lane
16300 Hilltop Road
10020 Dell Road
9560 Highview Drive
16700 Main Street
9880 Crestwood Terrace
IMMANUEL LUTHERAN CHURCH
937-8237
937-8941
934-1185
934-0934
937-1866
934-0961
;*Shirley Jellison
Caroline Nelson
Elaine Jacques
Richard McMullen
• PRECINCT 6
*Virginia Gartner
Jim Brown
Dorothy Schwartz
Ruth Traaseth
Steven W. Clark
Carol Meidinger
Mary Helfand
Judy Miller
Jack Burklund
PRECINCT 7A
*Adeline Bramwell
Rita Anderson
Harlan Fritz
Louise Doughty
Ruth Olson
Janet Gerecke
PRECINCT 7R
*Barbara Cail
Viola McLain
Alice Smith
Kay Nicholson
Leone Barta
Tom Zalusky
Lyle Johnston
Juliete Gleason
9560 Highview Drive
16300 Hilltop Road
9021 Riley Lake Road
7315 Scot Terrace
EDEN PRAIRIE METHODIST CHURCH
15701 Cedar Ridge Road
11551 Riverview Roadl
15051 Scenic Heights Road
14999 Scenic Heights Road
8841 Jasmine Lane
15918 Cedar Ridge Road
15476 Village Woods Drive
7835 Eden Court
6823 Woodland Drive
NEW TESTAMENT CHURCH
14329 Fairway Drive
14312 Fairway Drive
8226 Tamarack Trail
13200 Roberts Drive
9051 E. Starring Lane
6622 Golden Ridge Road
9205 Talus Circle
14224 Chestnut Drive
8355 Mitchell Road
16201 Hilltop Road
10065 Pioneer Trail
635 Prairie Center Drive
8621 Basswood Drive #18
8633 Darnel Road
934-0934
937-8941
934-0944
944-5633
937-1595
941-1290
937-2289
937-1006
944-6501
937-2840
934-6704
937-8653
934-5919
937-8987
937-8196
937-2480
934-3858
937-1767
941-1830
941-5140
937-1798
934-3711
937-1928
944-1551
941-9215
944-9300
944-6154
SO. SUB. HENN. COUNTY VO-TECH SCHOOL
ADOPTED BY the Eden Prairie City Council on this 7th day of
October, 1986.
ATTEST:
John U. Frane, City Clerk
PRECINCT 8
MN. PROTECTIVE LIFE INSURANCE BUILDING
*Barbara Vanderploeg
Barbara Bergan
Pauline Johnston
Nancy Little
Marian Nesbitt
Laurel Pennebaker
Josephine Zalusky
1 .,/cihri Bloomer
Thelma Friecke
PRECINCT 9A
*George-Ann Lillie
Bernadine Beauvais
• Ann theatum
Cheryl Hansen
Sharon Buntin
Liits Jane Campbell
- Karen Lavelle
Nancy Schmidt
Joan Barth
PRECINCT 98
*Jeanne Brandt
Isabel Iverson
Betty Schaitberger
Donna Stanley
Patricia Johnson
Vong Suvannarad
Katherine Hendrickson
COUNTING CENTER
Perry Forester
Walter Thompson
8735 Leeward Circle
8705 Bentwood Drive
8621 Basswood Road #18
9450 Aspen Circle
8701 Black Maple Drive
7284 Prairie View Drive
635 Prairie Center Drive
8934 Pine Bluff Court
15610 Corral Lane
PAX CHRISTI CATHOLIC CHURCH
17120 Cedar Crest Drive
10285 Amsden Way
9236 Amsden Way
9445 Aspen Circle
9762 Linden Drive
635 Prairie Center Drive
15702 Cedar Ridge Road
8075 Timber LakeDrive
16481 Hilltop Road
PAX CHRISTI CATHOLIC CHURCH
12300 Riverview Road
12135 Oxbow Drive
12880 Pioneer Trail
15100 Riverview Road
9727 Mill Creek Drive
9595 Yorkshire Lane
635 Prairie Center Drive
941-5363
941-8315
944-9398
944-2437
941-2387
937-2623
941-9215
937-1467
937-2431
937-1027
941-8152
941-8592
941-8690
941-9039
941-2750
934-1795
137-1929
941-3316
941-7465
941-1451
941-3147
944-9073
941-1389
944-5281
EDEN PRAIRIE WATER TREATMENT PLANT
9505 Highview Drive 934-0938
11325-F Westwind Drive 941-1288
VAC 86-10
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-260
VACATION OF A DRAINAGE AND UTILITY EASEMENT IN
APPLE GROVES 2ND ADDITION
WHEREAS, the City of Eden Prairie has a drainage and utility easement
described as follows:
THAT PART OF DRAINAGE AND UTILITY EASEMENT as described by DOC No.
4650396:
Commencing at the intersection of the North right-of-way line of the
Chicago, Milwaukee, St. Paul and Pacific Railroad Company and the East
line of the East half of the Northeast Quarter of Section 7, Township
116, Range 22, Hennepin County, Minnesota; thence North 1 degree 08
minutes 14 seconds West, along said East line, a distance of 475.42
feet; thence South 88 degrees 33 minutes 26 seconds West a distance of
30.00 feet; thence South 1 degree 08 minutes 14 seconds East a
distance of 95.00 feet; thence South 54 degrees 38 minutes 48 seconds
West a distance of 260.00 feet to the point of beginning of said
easement to be vacated; thence South 1 degree 08 minutes 14 seconds
East a distance of 145.00 feet; thence South 43 degrees 09 minutes 57
seconds East a distance of 197.81 feet to a point on said North right-
of-way line of railroad, said point being 126.67 feet Southwesterly
from, as measured along said railroad right-of-way line, the East line
of said East half of the Northeast Quarter of Section 7; thence North
35 degrees 16 minutes 08 seconds West a distance of 210.02 feet;
thence North 8 degrees 00 minutes 04 seconds a distance of 118.04 feet
to the point of beginning.
WHEREAS, a public hearing was held on October 7, 1986, after due notice was
published and posted as required by law;
WHEREAS, it has been determined that the said drainage and utility easement is
not necessary and has no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said drainage and utility easement as above described is hereby
vacated.
2. The City Clerk shall prepare a Notice of Completion of the proceedings
in accordance with M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on October 7, 1986.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
RESOLUTION NO. 86-261
PARTIAL VACATION OF RIGHT-OF-WAY
OF RESEARCH ROAD
WHEREAS, the City of Eden Prairie has certain right-of-way described as
follows:
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
That part of Research Road lying easterly of the following described
line: beginning at the most northwesterly corner of the westerly line
of Outlot F, RESEARCH FARM 2nd ADDITION according to the recorded plat
thereof; thence on an assumed bearing of North 9 degrees 02 minutes 42
seconds west along the northerly extension of said westerly line a
distance of 100.00 feet: which lies westerly of the following
described line: beginning at a point 1600.56 feet westerly of the
most northeasterly corner of said Outlot F; as measured along the
north line of Outlot F; thence northeasterly along a non-tangential
curve, concave to the northwest a distance of 84.61 feet, said curve
has a radius of 565.00 feet a central angle of 8 degrees 34 minutes 49
seconds and a chord bearing North 39 degrees 11 minutes 28 seconds
East.
WHEREAS, a public hearing was held on October 1, 1986, after due notice was
published and posted as required by law;
WHEREAS, it has been determined that the said right-of-way is not necessary
and has no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said right-of-way as above described is hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of the proceedings
in accordance with M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on October 7, 1986.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
.•;(1'13
A Company of Diversified Energies, Inc,
James H. Anderson
Administrator
Minnesota Public Affairs
September 30, 1986
Mr. Merle Gamin
Executive Director
Business Services
Ind. School District 272
8100 School Road
Eden Prairie, MN 55344
RE: Proposed Vacation of Research Road
' Dear Mr. Gamm:
Thank you for discussing the District's plan for use o
f
t
h
e
r
i
g
h
t
-
o
f
-
w
a
y
for Research Road subsequent to vacation of the road t
h
r
o
u
g
h
s
c
h
o
o
l
p
r
o
-
perty. To confirm our understanding:
1. Minnegasco operates and maintains an 8" steel gas main i
n
t
h
e
s
o
u
t
h
e
r
l
y
half of existing Research Road.
2. Present site planning calls for 24"± of fill to be place
d
i
n
t
h
e
a
r
e
a
of Research Road (from existing grade).
3. Site work will probably begin during the 1987 constructi
o
n
s
e
a
s
o
n
.
4. The District has no objection to vacation subject to uti
l
i
t
y
e
a
s
e
m
e
n
t
rights reserved to Minnegasco over the southerly half of
R
e
s
e
a
r
c
h
R
o
a
d
.
I will attend the October 7, 1986 public hearing to ans
w
e
r
q
u
e
s
t
i
o
n
s
.
Thanks again for your consideration and cooperation.
Sincerely,
James H. Anderson, P.E.
/pa
cc: Gene Dietz
Rick Pilon
George Watson
11111111111=111.
700 West Linden Avenue
Minneapolis. MN 55403
012.342-310
William R. Schram
Administrator-Real Estate
cc: Rick Pilon
September 29, 1986
Sharon Gagnon
Deputy City Clerk
' City Offices
8960 Eden Prairie Road
'Eden Prairie, Minnesota 55344
RE: Proposed Vacation of Research Road (Attached)
Dear Ms Gagnon:
Minfiegasco has an existing 8 inch matural,,gas pipeline within that-portion
of Research Road Which is proposed to be vacated. Since thia pipel4ne :is an
integral part of natural gas distribution system for this entire area
Minttegascdis strongly opposed to the prOpoted.:VacatiOn :2unlessuitable
easements rightsate reteryed , pursuant te:MSA 160.29, so that our facilities
Can'reMain inplace OR reimbursement iS made MinnegaSCO for the relocation of
• its pipline.
I would appreciate your keeping me informed on this matter and if I can be
,of further help, please call.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 86-254
A RESOLUTION APPROVING THE WESTON BAY
PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT
TO THE OVERALL MITCHELL LAKE 1976 PLANNED UNIT DEVELOPMENT
WHEREAS, the City of Eden Prairie has by virtue of City Code 'provided for
the Planned Unit Development (PUD) of certain areas located within the City; and,
WHEREAS, the Weston Bay development is considered a proper amendment to the
overall Mitchell Lake 1976 Planned Unit Development Concept and
WHEREAS, the City Planning Commission Aid conduct a public hearing on the
request of the Pemtom Company for PUD, Concept Amendment approval to the Overall
: Mitchell Lake 1976 Planned Unit Development Concept for the Weston Say development
and-recommended approval of the PUD Concept Amendment to the 'City Council; and,-.-
WHEREAS, the City Council did consider the request on October 7, 1986;
NOW THEREFORE, BE IT RESOLVED', by the City Council': of Eden Prairie,
Minnesota, as follows:
1. The Weston Bay development -TUD Conceptfimendment, being in Hennepin
County, Minnesota, and-legally-described is outlined in Exhibit A,
is attached hereto and madeapart hereof.
2. That the City Council does grant PUO Concept Amendment approval: to
the overall Mitchell Lake 1976 Planned Unit DevelopmentConcept as
outlined in the applicatiorOnaterials for Weston Bay '
3. That the PUD Concept Amendment meets the recommendations of the:
Planning Commission dated SePtember 8, 1986.
ADOPTED by the City Council of Eden Prairie this 7th day of October, 1986.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
ATTEST:
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #86-255
RESOLUTION APPROVING THE PRELIMINARY PLAT OF WESTON BAY FOR
THE PEMTOM COMPANY
BE IT RESOLVED, by the Eden Prairie City council as follows:
:That 7the Preliminary plat of Weston Bay for The Pemtom Company, dated'higust 14,
1986, consisting of 13.5 acres into 24 .single family lots and one outlot, a copy of
which is on file at the City Hall, is found to be inconformance with the provisions
of theEden Prairie Zoning and Platting ordihantes,'and amendments thereto, And is
.-herein approved.
ADOPTED by the Eden Prairie City Council on the 7th day of October, 1986-7
Gary O. Peterson, Mayor
:;.khn D. Frane, City Clerk
tin
lik • fit list" 4110 la 1.0,10P 121
f•At 41-5, al =ICA%
- r2
79-4
naMItiitIM
STAFF REPORT
TO:
FROM:
WUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT:
FEE OWNER:
REQUEST:
Planning Cormiission
Donald R. Uram, Assistant Planner
Chris Enger, Director of Planning
September 5, 1986
Weston Bay
South and east of Mitchell Lake, west of Timber Lakes
D
r
i
v
e
The Pentom Company
Norwest Bank Minneapolis
1. Planned Unit Development Concept knendment on approxi
m
a
t
e
l
y
100 acres.
2. Planned Unit Development District Review on approxi
m
a
t
e
l
y
100 acres with variances.
3. Zoning District Change from RM-6.5 to R1-13.5 on 13.5
a
c
r
e
s
with shoreland variances to be reviewed by the B
o
a
r
d
o
f
Appeals.
4. Preliminary Plat of 13.5 acres into 24 single famil
y
l
o
t
s
,
one outlot, and road right-of-way.
Background
This 13.5-acre site is located adjacent to Mitchell Lake im-
mediately west of Timber Lakes Drive
and south of the Timber Lakes
Townhomes 2nd Addition. Originally
part of the Mitchell Lake Planned
Unit Development (PUN, this site
was zoned for approximately 60
townhomes. The proponent is cur-
rently requesting a subdivision of
this tract into 24 single family
lots with a zoning designation of
R1-13.5.
The property is currently guided for
Low Density Residential and the
proposed sing le family subdivision
is consistent with that designation.
,zatil AREA LOCATION MAP
Weston Bay 2 September 5, 1986
Surrounding land uses include Mitchell Lake to the east; the proposed Miller Park to
the south; Lake Park Townhomes guided Medium Density Residential and zoned RM-6.5 to
the east; and, the Timber Lakes Townhomes 2nd Addition, also guided Medium Density
Residential and zoned R11-6.5 to the north.
Site Plan/Preliminary Plat
The preliminary plat depicts the subdivision of a 13.5-acre tract into 24 single
family lots and one outlot. Physical constraints considered in the design of this
subdivision include a storm water ponding area located to the rear of Lots 3, 4, and
5, Block 1, and a number of existing utility easements located throughout the site.
Also, because Lots 6-14, Block 1, are adjacent to Mitchell Lake which is classified
as a Natural Environment (NE) water, certain sections of the shoreland ordinance
apply.
The proponent is requesting a zoning district change from R11-6.5 to R1-13.5 on a
13.5-acre tract. Lot sizes within the proposed subdivision range from a minimum of
9,863 square feet to a maximum of 39,000 square feet. The average lot sizes within
the subdivision are 14,500 square feet for non-lakeshore lots and 28,032 square feet
for lakeshore lots. All of the lot sizes are equal to or exceed the lot sizes
contained within the existing single family neighborhood to the north with the
exception of the extremely large lots at the end of Island Road.
All of the lots meet the requirements of the R1-13.5 zoning district with the
exception of Block 1, Lots 1 and 2, and Block 2, Lots 2, 3, 6, and 9, which will
require average lot size variances of approximately 2,487 square feet and Block 1,
Lots 1 and 2, which will require lot frontage variances. Lot frontage variances are
required because of limitations caused by existing utility easements.
In reviewing the number of variances within Block 2, Staff points out that all of
the variances except shoreland variances could be resolved by the elimination of one
lot. If the Commission feels that the variances are not justified, Staff would
recommend that Lot 10, Block 2, be eliminated and the remaining lots spaced
accordingly. The elimination of one lot would reduce the density of this project
from approximately 1.77 units per acre to approximately 1.70 units per acre.
Access to the site will be provided by a 50-foot cul-de-sac from Timber Lakes Drive.
With the development of the Lake Park Townhouse project to the east and Miller Park,
an additional access to County Road #4 shall be provided.
Shoreland Ordinance
Lots 6-14, Block 1, are located adjacent to Mitchell Lake which is classified as a
Natural Environment water, and subject to the following Code requirements:
1. Minimum lot size - 40,000 square feet.
2. Minimum width at building line - 150 feet.
3. Minimum width at Ordinary High Water Mark - 150 feet.
4. Minimum setback from Ordinary High Water Mark - 150 feet.
Because of the strict requirements for lots abutting a Natural Environment water,
Weston Bay 3 September 5, 1986
none of the lots proposed within this subdivision meet the minimum requirements.
Abutting lot sizes range from a minimum of 21,025 square feet to a maximum of 39,000
square feet with an average of 28,082 square feet. However, the proposed lot sizes
are greater than the average lot sizes within the existing Timber Lakes single
family development which are approximately 20,000 square feet. Lakeshore frontages
at the Ordinary High Water Mark range from a low of 52 feet (Lot 6) to a high of 197
feet (Lot 14) with the average being approximately 110 feet. The average lakeshore
frontage in the existing Timber Lakes single family development is approximately 100
feet. Street frontages within this area range from a maximum of 185 feet at the end
of the cul-de-sac to a minimum of 85 feet on the curve on Weston Bay. In addition
to meeting the requirements of the R1-13.5 zoning district, it shall be noted that
based on preliminary housing pad locations, all of the lots, with the exception of
Lot 14, meet the minimum requirement of a 150-foot setback from Mitchell Lake.
Because these lots do not meet the minimum requirements of the shoreland ordinance,
the proponent will be required to submit an application to the Board of Appeals for
variances from the shoreland ordinance requirements for Natural Environment waters.
Finally, the developer's agreement dated July 26, 1976, for the Mitchell Lake PUD,
states that a scenic easement no less than 75 feet from the 875 elevation be
provided to prohibit urban encroachment along Mitchell Lake in the area identified
as a townhouse section. Because this area was originally designated as a townhouse
section, Staff recommends that a 75-foot easement be provided where no land
alteration or tree removal shall be done.
Grading
Elevations on this site range from a high point of 900 along the south property line
where there is an existing stock pile to a low point of 872.4 along the Mitchell
Lake shoreline as of April 28, 1986. Moderate grading is expected on the site to
allow for the extension of Weston Bay to the west which entails approximately six
feet of cut off an existing stock pile area. In addition, some moderate grading
will be required around the building pad areas adjacent to the existing pond along
the north property line. Although the preliminary grading plan does not show it,
Staff expects some additional grading around each of the building pad locations.
An existing stock pile along the southern property line is expected to remain, with
the exception of the area adjacent to Lots 2 and 3, Block 2, where it will be cut
down approximately eight feet to the 890 contour elevation. Because of the close
proximity of the park site, Staff is recommending that these stock pile areas be
maintained to allow for screening from the park area.
Because the site has been classified as a heavily wooded area, a tree inventory was
required to evaluate the building pad locations and the overall grading plan. Based
on the submitted tree inventory, a total of 228 caliper inches of plant material is
lost within the road right-of-way and an additional 132 caliper inches lost due to
the proposed building pad locations. Based on recent policy, Staff is recommending
that the total 360 caliper inches of plant material lost shall be replaced within
this site. Credit will be given for the plant material located along the southern
property line and to the entrance to the site. Total caliper inches required for
replacement will be calculated after a revised landscape plan has been submitted.
Weston Bay 4 September 5, 1986
Utilities
Water and sanitary sewer services are available to this site. Connections shall be
made to an existing eight inch water line located within Timber Lakes Drive and an
eight-inch sanitary sewer line which is adjacent to the pond area located between
Block 1, Lots 4 and 5, and connecting to a lift station and a six-inch force main
within Timber Lakes Drive.
Storm sewer shall be provided with a catch basin system located within the cul-de-
sac bubble on Weston Bay which is discharged into a siltation basin and into
Mitchell Lake. Another catch basin system located within the center of Weston Bay
discharges into the existing pond area along the north property line and ultimately
discharging into Mitchell Lake.
Park Screening Plan
Due to the proximity of Miller Park, the proponent has provided a screening plan for
portions of Block 2 which are adjacent to the park road. This plan consists of a
six-foot high board on board fence approximately 540 feet in length. A number of
five-foot jogs in the fence are proposed with plantings occuring in each. Staff
recommends that the size and species of the landscape material be revised in some
areas to provide more of a variety and to add interest to the fence line.
Pedestrian Systems
The proposed pedestrian system in this area includes a five-foot wide concrete
sidewalk located along the southern right-of-way line of Weston Bay with a
connection made to Timber Lakes Drive. Future plans depict a connection to an
eight-foot wide bituminous trail located along the north property line of the
proposed Miller Park and adjacent to the lakeshore on Mitchell Lake. Within the
developer's agreement, dated July 26, 1976, it is stated that there shall be no
privately owned docks. Because of this, the developer is proposing an outlot on the
most westerly portion of the site adjacent to Mitchell Lake which shall include a
seven-foot wide bituminous trail to be used by residents of this area for access to
the private outlot and common dock area.
Signage and Lighting
Staff recommends that plans detailing any signage and/or lighting proposed for the
subdivision entrance be submitted for review prior to the City Council meeting.
STAFF RECOMMENDATIONS
If the Planning Commission feels that the proponent has substantiated the variances
through the PUD process, then it would be appropriate to recommend to the City
Council approval of the Zoning District Change from RM-6.5 to R1-13.5 on
approximately 13.5 acres and the Preliminary Plat of 13.5 acres into 24 single
family lots, one outlet, and road right-of-way based upon recommendations of the
Staff Report, dated September 5, 1986, and plans dated August 14, 1986, and revised
plans dated September 3, 1986, and subject to the following conditions:
1. Prior to Council review, proponent shall:
A. Provide for 360 caliper inches of trees to be replaced as part of
A4 7I
A72
September 5, 1986
the tree replacement policy. Credit shall be given for tree's_ to be
placed along the sOuthern"property line fin' :kreening..OUrOoset. from
Miller Park and any trees planted at the intersection of:Jimber
takes Drive and Weston Bay at part of the entrance monument'.
Preponent'shall revise the Park : Screening Plan to reflect additional
large caliper inch coniferous trees,
Proponent shall provide:A 75-foot scenic easement along the
shoreline of Mitchell —take. ' This shall also prohibit individual
docks on lots fronting on the lake,
Prior
A.
B.
3. Prior
A.
SUbmit.eny tignage or lighting detailt: for review.
to Final Plat Approval, proponent shall:
Submit: detailed storm water and erosion control plans
the Watershed District.
Submit: detailed storm water runoff, utility
.planslor review by the City Engineer.
to Building permit issuance, proponent shall':
Notify the City and Watershed District at least 48 hours in advance
of grading. Stake all grading limits with a snow fence. Any trees
lost outside the limits shall be replaced on an area inch per area
Inch basis.
for review by
and erosion control
B. Pay the appropriate Cash Park Fee.
4. Receive approval from the Board of Appeals for all lakeshore variances.
If the Commission does not feel that the variances were substantiated, Staff would
recommend the elimination of tot 10, Block 2, With the remaining square footage
distributed throughout Block 2. With this proposed plan change, four of the six
variances could be eliminated.
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES tOMMISSION
Monday, September : 15, 1986 7:30 p.m., School Board Room
COMMISSION MEMBERS PRESENT:
COMMISSION MEMBERS ABSENT:
COMMISSION STAFF:
Pat Breitenstein, chairperson;
Bud Baker (late), Moe Cook,
Karon Joyer, Brian Mikkelson
Gary Gonyea, Charles Shaw
Bob Lambert, Director of
Community Services;
Rick Bolinske, Athletic
Coordinator
I. ROLL CALL
The meeting was called to order at 7:30 p.m. by chairperson,
Pat Breitenstein.
II. APPROVAL OF AGENDA
MOTION: Joyer moved to approve the agenda as mailed. Mikkelson
seconded the motion and it passed 4-0.
III. APPROVAL OF MINUTES - AUGUST 18, 1986
MOTION: Cook moved to approve the minutes as mailed. Joyer seconded
the motion and it passed 4-0.
IV. PETITIONS, REQUESTS AND COMMUNICATIONS
None
V. DEVELOPMENT PROPOSALS
A. Weston Bay
Refer to memo dated September 11, 1986 from Bob Lambert, Director
of Community Services and staff report dated September 5, 1986.
Lambert reviewed the four main issues relating to parks, recreation
and natural resources. They are: request for shoreland setback and
lot line with variances, grading in a heavily wooded area,
pedestrian system and impact on community park.
Staff recommends removing the 52' wide frontage on Lot 6, Block 1
and readjusting other lot lines to meet the 150' setback that is
required. Lots 7, 8 and 9 could be realigned to meet the 150'
minimum width and Lot 10 could be increased to a minimum of 100'.
The developer would meet the 150' setback on all lots with the exception of Lot 14. Staff recommends this lot meet a minimum 75' setback.
021/E
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Sept. 15, 1986
-2-
Staff also suggests a 75' easement be provided. No removal of
trees larger than 6" in diameter would be allowed and no
construction within the easement is to be done. It would not
prohibit removing brush and undergrowth or maintaining a lawn. All
buildings should remain outside the 150 , setback.
Regarding grading on the site, Lambert said 360 caliper inches will
be lost and to replace this would require planting 90 4" caliper
trees. Most of the trees would be planted along the fence for
screening purposes.
A 5' concrete sidewalk is proposed along the southern right-of-way
of Weston Bay and will connect to the pathway system in Miller Park
near the boat launch. It will also provide access to the sidewalk
along Timber Lakes Drive which also leads to Miller Park.
The major concern of this development and Miller Park is the type
of screening that will be required on the north. The developer
should be aware of the impact a park of this type will generate,
both with the amount of traffic and pedestrian use although the
City will provide landscaping on the park side to reduce impact.
Lambert introduced Dan Herbst of the Pemton Company. Mr. Herbst
reviewed the location of the development south and east of Mitchell
Lake and west of Timber Lakes Drive. The original plan was for 60
townhomes. This has been changed to 24 single family lots and a
road off Timber Lakes Drive to serve these homes. Herbst showed
the 150' setback and normal high water level on the concept plan.
Herbst also pointed out the tree line noting that the area is
heavily wooded.
Lambert added that staff recommends eliminating lake access on Lot
6, Block 1.
Cook questioned Outlot A and the reasoning for the amount of
setback on this lot. Herbst said this area will be developed as a
private park which will connect to Miller Park.
Lambert said staff feels the revised plan is much better than what
was originally approved since all frontages will be a minimum of
100'.
Herbst added that Outlot B may be turned over to the homeowners
association to the north and they would maintain it.
Baker said he is concerned with the lake access being so close to
private homes. Lambert said when Miller Park is developed, there
may not be as much of a problem, but since there will be a public
access so close, there is always the potential for it.
gZt4
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Sept. 15, 1986
-3-
Herbst said they have had similar experiences on Lake Minnetonka.
Violators had reminders put on their cars and some were ticketed.
The problem has almost been eliminated.
Cook asked how far the fence runs. Herbst showed its location on
the map. Cook asked why it stops there -. Herbst saidthe road
makes a sweep up to the fourth lot and it was felt more fencing
would not be necessary.
Mikkelson said if there is not going to be fencing-between the
public and private parks, how will people be kept out of the
private park? Herbst said signs will be erected and will be
enforced. Lambert said it will be difficult to enforce;
Cook asked if picnic areas are planned-in the private park. Herbst
said that a boat landing and picnic area is planned.
Mikkelson asked if any thought was given tothe possibility of
locating the paik in a more centralized. location.• Herbst said it
was felt that this area should be-kept to -one side on the cul-de-
sac to make it easier to launch boats, etc'.
Mikkelson said it looks like the trail system will lead into the
private park. Herbst said the trail does not 6 through, but
rather leads to an outiot.
Cook asked if people would be more likely to leave their canoes
stored here or bring them in. Herbst said if thereis a place to
lock them up, they might leave them.
Cook questioned the use of Russian olives to be used along the--'
fence for screening purposes, as Russian olives do not have a long
life. Herbst said they will be mixed with evergreens and will be
used because they are fast growing. By the time their life span is
over, the evergreens will be grown.
MOTION: Cook moved to recommend approval of Weston Bay per staff
report subject to the realignment of lots and minimum 75' setback
on Lot 14. Baker seconded the motion and it passed 5-0.
24S
Planning Commission Minutes 7
t
September 8, 1986
C. WESTON BAY, by The Pemtom Company. Request for Planned Unit
Development Concept Amendment on approximately 100 acres; Planned
Unit Development District Review on approximately 100 acres with
variances; and Zoning District Change from RM-6.5 to R1-13.5 on 13.5
acres, with Shoreland variances to be reviewed by the Board of
Appeals; and Preliminary Plat of 13.5 acres into 24 single family
lots and one outlot. Location: South and east of Mitchell Lake,
west of Timber Lakes Drive. A public hearing.
Mr. Dan Herbst, representing Pemtom, reviewed the history of the development
approvals for the property by Richard Miller for the Mitchell Lake Estates
Planned Unit Development (PUD). Proponents were requesting amendment of
this PUD.
Mr. Herbst explained the development constraints of the property, noting
topography, proximity to the shore line of Mitchell Lake, the existing pond,
the heavily wooded areas, the future location of the park, etc. He noted
that the proposed lots met, or exceeded the size of the lots located in the
single family subdivision to the north of the property.
Planner Uram reviewed the variances requested from the requirements of the
Shoreland Management regulations. He stated that it was necessary that
these requested variances be reviewed by the Board of Appeals, that they
could not be granted as part of the PUD process. Planner Uram stated that
the variances requested from the lot frontage requirements were due to the
location of an existing utility easement which caused the structures to be
located as indicated in the plans.
With respect to tree replacement on the property, Planner Uram stated that
it was recommended that the proponents replace 360 caliper inches of trees,
based on the amount of trees that would be removed during the construction
process. He stated that, should building pad locations change in order that
more trees are saved, Staff would be willing to recommend a "credit" towards
the total number of caliper inches of trees to be replaced. Also, Staff was
suggesting that credit be given to the developer for landscaping done at the
entrance of the property and for trees installed near the park to the south.
Additional concerns of Staff, other than standard requirements regarding
utilities, erosion control, and park dedication, included a requirement for
screening of the area adjacent to the future City park to the south,
provision of a 75-foot wide scenic easement along the shore line of Mitchell
Lake, and prohibition of individual docks on lots fronting the lake. It was
noted that the outlot at the southwest corner of the plat was intended for
use by the residents of this subdivision only.
•
)016
Planning Commission Minutes 8 September 8, 1986
Planner Uram also pointed out that it would be possible to eliminate the
need for four variances if one lot was removed from the subdivision. The
Commission considered this possibility in further discussion.
Ruebling stated that the requested variances seemed numerous and asked if
this was a "normal" situation. Planner Enger explained that this was a
transitional area for this lake in terms of meeting the Shoreland Management
requirements of the City Code. He pointed out that the intent of the
Shoreland Management regulations was being met by the development of the
parcel.
Chairman Schuck asked if there would be a dock located on the outlot for use
by the future residents of the subdivision. Mr. Herbst responded that one
dock would be allowed. Planner Enger stated that the intent of the
Shoreland Management regulations in this regard was to control, or limit,
the number of docks and structures that would be located close to a lake.
The location in this area of one dock would serve that purpose.
Hallett asked about the length of the proposed cul-de-sac. Planner Enger
stated that it was quite long, due to the fact that Timber Lakes Drive was
the only access/egress for the property at this time. In the future, at the
time the access road to the City park was built, alternative access/egress
would be available. He added that it would be difficult in a situation like
this along the lakeshore to provide for road access that met the City
requirement of a maximum of 500 ft. in length.
Hallett asked if the City owned the property intended for park use, south of
the proposed subdivision, at this time. Planner Enger responded that a
portion of this property had been purchased by the City. Hallett asked if
it would be possible to provide access to the property south of the proposed
subdivision in the event that the City did not develop that land as park.
Planner Enger stated that it would be possible.
Hallett stated that he felt elimination of one of the lots may make sense
from several points of view. Chairman Schuck stated that he felt
elimination of the lot would make the remaining lots larger and more
attractive. Anderson concurred. Staff had recommended elimination of Lot
10, Block 2. Mr. Herbst stated that he would prefer to eliminate Lot 6,
Block 2, if it became necessary to eliminate any lots at all from the
proposed subdivision.
Anderson stated that he preferred the single family development of this
property, with variances, to development of the property as multiple
residential.
Mr. Ed Bellerive, 8050 Timber Lake Drive, member of the Board of Directors
of the townhouse homeowners' association, and also representing Mr. Ed Nash,
stated that he was concerned about the proposed price of the homes. Mr.
Herbst responded that the homes were planned to be sold for prices ranging
from $150,000-$190,000.
Mr. Bellerive stated that his biggest concern was regarding the pond located
in the north central portion of the property proposed for development. He
explained that, originally, the residents of this townhouse area had been
.24r1
Planning Commission Minutes 9 September 8, 1986
promised that the pond would remain in place and that many of the owners in
this area had paid a premium for being located in close proximity to this
pond. He stated that iv: was concerned that there be some assurance that the
pond remain, even thouO the property upon which the pond was located would
be owned by four separate individuals.
Mr. Herbst explained that the pond would be reshaped according to the plans
shown. He noted that the total surface area of the pond was intended to be
reduced somewhat, but that the volume of the pond would likely remain the
same. Mr. Bellerive asked if it would be necessary to drain the pond in
order to "reshape" it as shown on the plans. Mr. Herbst responded that he
did not think this would be necessary, but that the final engineering
details would be the determining factor.
Ms. Joanne P. Colin, 8079 Timber Lakes Drive, asked if the reshaped pond
would be extended closer to the townhouses located to the north. Mr. Herbst
stated that this was not the case. Ms. Colin suggested that the proponents
consider extension, or enlargement, of the pond area to the townhouse
property.
Mr. Richard Vogel, 8071 Timber Lakes Drive, stated that he had lived in this
area since 1979 and that, upon purchase of the property, the owners had been
promised many things by the developer. He asked if the owners in the
townhouse development would have access to the pond to walk around it,
whether there would be a trail around it. Mr. Herbst stated that there were
no such plans. Mr. Vogel asked if the owners could erect fences on their
property lines through the pond. Mr. Herbst responded that the City would
control a utility easement over the ponding area which would prevent such
things from occurring. Mr. Herbst added that he would have no objection to
a scenic easement also being placed over the pond area in order to restrict
its use by the single family residents.
Mr. Vogel pointed out that the northerly most 20 feet of the lots upon which
the pond was located would not be accessible by the owners of those lots
because of the pond location. Owners of these lots would not be able to mow
grass, or access, the north end of their lots without trespassing upon
another property. He added that the north end of the pond was currently
being maintained by the townhouse association owners, even though it was not
located on property owned by them.
Mr. Charles Weber, 8068 Timber Lakes Drive, stated that he felt splitting
the ownership of the pond amongst the four lots in the manner shown was an
invitation for problems between neighbors.
The Commission discussed the location of the pond in greater detail.
Planner Enger stated that the proponents may wish to consider transferring
the small sliver of property along the north side of the pond to the
townhouse association to eliminate the problems discussed.
Mr. Bellerive invited Mr. Herbst to attend the next homeowners association
meeting to discuss this matter. Mr. Herbst stated that he would attend and
try to mitigate this situation with the association.
Ms. Sheryl Vogel, 8071 Timber Lakes Drive, stated that she appreciated the
;(qn
Planning Commission Minutes 10 September 8, 1986
cooperation of the proponent on this matter.
Ms. Colin asked when the second access to Eden Prairie Road would be
completed. She expressed concern about traffic congestion due to the
existing residential development in the area, the 95 townhouses under
construction at this time in the Lake Park development, and the proposed
single family development of this property. Planner Enger responded that
the park access would likely be built between 1988-89, but not sooner. He
pointed out that this development, along with the recent development of
other property within the original Mitchell Lake Estates Planned Unit
Development, had been constructed at less density than originally approved,
but that the road system had not changed at all. Planner Enger added that
there may be congestion for a small period of time, but that it would be
relieved.
Mr. Tim A. Crain, 7919 South Bay Curve, president of the single family
homeowners' association, asked if the single family homes proposed would be
similar to those located along Island Road and South Bay Curve in terms of
restrictions on docks. Mr. Herbst reiterated that there would be one dock,
only, constructed on the outlot. Mr. Crain stated that, in general, he
viewed the proposed development as an asset to the area.
MOTION 1:
Motion was made by Anderson, seconded by Hallett, to close the public
hearing.
Motion carried--4-0-0
The Commission discussed the elimination of one of the lots from the plat in
greater detail as to the significance of such a reduction on the overall
plat. Hallett stated he had no objection to the elimination of Lot 6, Block
2, instead of the lot recommended by Staff for elimination. Chairman Schuck
concurred. Ruebling stated that he felt the regulations should be upheld
with respect to the Shoreland Management requirements. Anderson stated that
he was uncertain that it would make any significant difference if one lot
was eliminated, or not.
The Commission discussed the future location of the park road adjacent to
the lots along the south portion of the property. Mr. Herbst pointed out
that the road would likely begin at the rear of Lot 4, Block 2, as depicted
on the plans. Anderson stated that he felt the berming and plantings would
aid to mitigate the impact of the road upon the future residents of this
subdivision. The elimination of one lot was discussed in terms of the
possibility of creating a better situation for those lots which would be
adjacent to the future park road, also.
Planner Enger stated that the proponents had made revisions to the plans
prior to review of the development by the Planning Commission. Many of the
revisions proposed eliminated variances to the Shoreland Management
regulations as originally proposed for the site. He stated that the City
could consider this a transition area to the remainder of the existing PUD
whereby density was decreased and the impact on the lake was subsantially
lessened from the possibility of multiple family development to single
g gig
Planning Commission Minutes 11
September 8, 1986
family lots.
MOTION 2:
Motion was made by Anderson, seconded by Hallett, to recommend to the City
Council approval of the request of the Pemtom Company for Planned Unit
Development Concept Amendment of the Mitchell Lake Planned Unit Development,
for approximately 100 acres, for development of single family homes to be
known as Weston Bay, based on plans dated August 14, and September 3, 1986,
subject to the recommendations of the Staff Report dated September 5, 1986,
with the addition that, prior to review by the City Council, proponent meet
with the townhouse association for the property to the north to mitigate
matters related to the pond as discussed at this meeting.
Motion carried--4-0-0
MOTION 3:
Motion was made by Anderson, seconded by Hallett, to recomMend to the City -
Council approval of the request of the Pemtom Company for Planned Unit.'
Development District Review Amendment for approximately 100 acres, wittf-
variances, for the Mitchell Lake Planned Unit Development and Zoning •
District Change from RM-6.5 to R1-13.5 on 13.5 acres to be known as Weston ,
Bay, with Shoreland Management variances to be reviewed by theTBoard -of Appeals, based on plans dated August 14, and September 3, 1986, subject to
the recommendations of the Staff Report dated September 5, 1986, with the
addition that, prior to review by the City Council, proponent meet with the
townhouse association for the property to the north to mitigate matters
related to the pond as discussed at this meeting.
Motion carried--4-0-0
MOTION 4:
Motion was made by Anderson, seconded by Hallett, to recommend to the City
. Council approval of the request of the Pemtom Company for Preliminary Plat
of 13.5 acres into 24 single family lots to be known as Weston Bay, based on
plans dated August 14, and September 3, 1986, subject to the recommendations
of the Staff Report dated September 5, 1986, with the addition that, prior
to review by the City Council, proponent meet with the townhouse association
for the property to the north to mitigate matters related to the pond as
discussed at this meeting.
Motion carried--4-0-0
V. OLD BUSINESS
None.
VI. NEW BUSINESS
None.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #86-256
RESOLUTION APPROVING THE PRELIMINARY PLAT OF REUTER dRDF PLANT FOR
REUTER, INC.
BE IT RE5OLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Reuter dRDF Plant for Reuter', Inc., dated August 20,
1986, consisting of 10.63 acres into one lot, a copy of which is on file at the City
Hall ,is foundjo be in conformance with the provisions of the Eden Prairie Zoning
And matting Ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 7th day of October, 1986.
ATTEST:
John D. Frane, City Clerk
/4-40k-.1 IN I LAI 4 9=.1 1 1—V\r
AREA LOCATION MAP
1111 I 1/ I II I
STAFF REPORT
Planning Commission
Scott A. Kipp, Assistant Planner
Chris Enger, Director of Planning
September 5, 1986
Reuter, Inc. dROF Plant
Southeast quadrant of Indian Chief Road and County Road #67
Reuter, Inc.
1. Zoning District Change from Public to 1-2 Park on 1.3 acres.
2. Preliminary Plat of 10.65 acres into one lot.
TO:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE OWNER:
REQUEST:
Background
The Comprehensive Guide Plan depicts
an Industrial land use for this site
and surrounding sites to the east
and south. The area to the west of
the site is guided for Park. The
northern three-quarters of the site
are zoned 1-2 Park with the south
quarter zoned Public (see Attachment
A). These zonings took place in
1969 per Ordinance #135 establishing
mass zonings for the City. At the
time of zoning, a railroad spur
delineated the zoning classifi-
cations for the property. In
January of this year, the City
Council approved a grading permit
and site plan review for the dROF
plant. During Staff review of the
project, it was not know that this
corner of the site was in a public
zoning classification. Reuter,
Inc., is currently underway with the
construction of their recycling
plant just to the north of the
Public zoned parcel. The request at
this time is to preliminary plat the
entire area and to incorporate that
portion of public zoning within the
1-2 zoning district and within the
preliminary plat boundary.
Reuter, Inc., dRDF Plant
2
September 5, 1986
Zoning Request
The 1.3-acre area which is zoned Public within the Reuter property is being used at
this time as a buffering zone for the recycling plant from Indian Chief Road. The
proponent is accomplishing this by creating a large landscaped screening berm. The
area in question is characterized by a depression area adjacent to the Chicago,
Milwaukee, and St. Paul Railroad. The property would not lend itself as a buildable
site due to the amount of fill that would be required and the inappropriate Sight
vision distance due to the railroad tressel which is adjacent to the site. The
proponent's use for this area would only be for buffering Of the recycling plant.
Preliminary Plat
The proponent is requesting the preliminary plat in an effort to simplify the legal
description and combine the numerous parcels which comprise the area into one lot.
:This platting will also allow the City to get the necessary drainage and utility
easements within the property.
As part of the January approval for the project, the proponent was required to.deed •
to :-the City, a 50-foot perpetual easement as measured along the nearest bank of•he•
Channel of Nine Mile Creek. The proponent should revise the plat to indicate this
easement.
Hennepin County has reviewed the preliminary plat and has acquired the necessary
right-of-way needs for County Road #67.
STAFF RECOMMENDATIONS
Staff would recommend approval of the Zoning District Change from Public to 1-2 Park:
on 1.3 acres and Preliminary Plat of 10.65 acres into one lot subject to the .
following:
1. Prior to Council review, proponent shall:
A. Provide on the plat, a 50-foot perpetual easement in favor of the
City as measured from the nearest bank of the channel of Nine Mile
Creek.
2. Prior to Final Plat, proponent shall:
A. Provide the City with the necessary drainage and utility easements
as determined by the City Engineer.
B. Record with Hennepin County the 50-foot perpetual easement as
measured from the nearest bank of the channel of Nine Mile Creek.
0 ,0
flAO QflØ 1...409 (90, 00
9,000 AtN (90,00 at.st.e .
'
0i.000 - 3.•
PROPOSED BUILDING
FLOOR .ELEV 917 / • 1\
-\ I-2PRK ::;.„._..;:, -........
, attachment A'
A Planning Commission Minutes 6 September 8, 1986
B. REUTER dRDF PLANT, by Reuter, Inc. Request for Zoning District
Change from Public to 1-2 Park on 1.3 acres and Preliminary Plat of
10.63 acres into one lot. Location: Southeast corner of County
Road #67 and Indian Chief Road. A public hearing.
Planner Enger explained that this item involved "housekeeping" matters to
bring the land into compliance with current zoning requirements based upon
the use of the property and to consolidate all of the property being used
for the dRDF plant by Reuter, Inc.
As part of the platting process, Staff was recommending a 50-foot wide
perpetual easement, measured from the nearest bank of the channel of Nine
Mile Creek, be dedicated to the City and recorded at Hennepin County. Other
standard conditions included dedication of necessary drainage and utility
easements as required by the City Engineer.
Chairman Schuck asked for comments, or questions, from members of the
audience. There were none.
MOTION 1:
Motion was made by Ruebling, seconded by Anderson, to close the public
hearing.
Motion carried--4-0-0
MOTION 2:
Motion was made by Ruebling, seconded by Anderson, to recommend to the City
Council approval of the request of Reuter, Inc., for Zoning District Change
from Public to 1-2 Park for 1.3 acres for the Reuter dRDF Plant, based on
plans dated August 20, 1986, subject to the recommendations of the Staff
Report dated September 5, 1986.
Motion carried--4-0-0
1) 95- 0 4/
fi
Planning Commission Minutes 7
September 8, 1986
MOTION 3:
Motion was made by Ruebling, seconded by Anderson, to recommend to the City
Council approval of the request of Reuter, Inc., for Preliminary Plat of
10.63 acres into one lot for the Reuter dRDF Plant, based on plans dated
August 20, 1986, subject to the recommendations of the Staff Report dated
September 5, 1986.
Motion carried--4-0-0
,24/940
OCTBER 7,1986
29105 VOID OUT CHECK
,9 9264 VOID OUT CHECK
( 320 VOID OUT CHECK
29667 VOID OUT CHECK
29719 VOID OUT CHECK
29820 VOID OUT CHECK
29822 VOID OUT CHECK
29828 VOID OUT CHECK
29844 VOID OUT CHECK
29861 MINNESOTA GAS CO
29862 MINNESOTA REC I& PARK ASSN
29863 LINCOLN ELECTRIC COMPANY
29864 JIM STUKEL
29865 BUSINESS WOMANS TRAINING INSTITUT
29866 SMITH & WESSON ACADEMY
29867 SUCCESS BUILDERS
29868 NORTHWESTERN BELL TELEPHONE CO
29869 AMERICAN LINEN SUPPLY CO
29870 EDEN PRAIRIE APPLIANCE
29871 CURTIS INDUSTRIES
29872 SHOW QUALITY PET PRODUCTS INC
29873 SMITH DIVING
29874 SOUTHWEST SUBURBAN PUBLISHING
29875 BEER WHOLESALERS INC
29876 VOID OUT CHECK
29877 COCA COLA BOTTLING CO
1-'878 DAY DISTRIBUTING CO
1 379 EAST SIDE BEVERAGE CO
29880 KIRSCH DISTRIBUTING CO
29881 MARK VII SALES
29882 PEPSI/7-UP BOTTLING CO
29883 ROYAL CROWN BEVERAGE CO
29884 THORPE DISTRIBUTING CO
29885 TWIN CITY HOME JUICE CO
29886 CAPITOL CITY DISTRIBUTING CO
29887 FEDERAL RESERVE BANK
29888 COMMISSIONER OF REVENUE
29889 DEPARTMENT OF EMPLOYEE RELATIONS
29890 DEPARTMENT OF EMPLOYEE RELATIONS
29891 GROUP HEALTH PLAN INC
29892 PHYSICIANS HEALTH PLAN
29893 VOID OUT CHECK
29894 MINNESOTA STATE RETIREMENT SYSTEM
29895 GREAT WEST LIFE ASSURANCE CO
29896 ICMA RETIREMENT GROUP
29897 PRUDENTIAL INSURANCE CO
29898 PERA
29899 INTL UNION OF OPERATING ENG
29900 PERA
29901 CITY-COUNTY CREDIT UNION
29902 NORWEST BANK HOPKINS
?9903 MEDCENTERS HEALTH PLAN INC
)04 GREGG NELSON TRAVEL INC
'c9905 ED PHILLIPS & SONS CO
14446093
SERVICE
FALL CONFERENCE-COMMUNITY SERVICES
CONFERENCE-WATER DEPT
SERVICE-BOUNDARY WATERS GUIDE/FEES PAID
CONFERENCE-POLICE DEPT
CONFERENCE-POLICE DEPT
CONFERENCE-POLICE DEPT
SERVICE
MOP/DUSTER-LIQUOR STORE
REFRIGERATOR REPAIRS-PUBLIC SAFETY BLDG
-WASHERS/DRILL BITS/SCREWDRIVER SET/
BATTERY CLEANER/HACKSAW-STREET DEPT
SUPPLIES-CANINE UNIT
DIVING INSTRUCTOR/FEES PAID
AUGUST 86 LEGAL ADS
BEER
' 4 4
4.)
22853.18-
11760.00-
84.00-
18.10-
74.64-
29.38-
800.00-
3387.45-
153.46-
1139.94
509.00
40.00
984.00
88.00
400.00
225.00
3537.15
9.05
72.90
261.53
29.10
640.00
781.09
5316.95
0.00
1055.40
7156.95
11001.70
422.69
19439.99
642.20
141.70
18403.40
69.36
21.00
23761.46
10049.26
17119.88
328.30
2286.95
13110.66
0.00
10.00
5058.00
760.00
674.12
63.00
672.00
20144.37
2363.13
600.00
7020.75
40.00
7171.16
MIXES
BEER
BEER
BEER
BEER
MIXES
MIXES
BEER
MIXES
BEER
PAYROLL 9/5/86
PAYROLL 9/5/86
PAYROLL 9/5/86
PAYROLL 9/5/86
SEPTEMBER 86 INSURANCE
SEPTEMBER 86 INSURANCE
PAYROLL 9/5/86
PAYROLL 9/5/86
PAYROLL 9/5/86
SEPTEMBER 86 INSURANCE
SEPTEMBER 86 INSURANCE
SEPTEMBER 86 INSURANCE
SEPTEMBER 86 INSURANCE
PAYROLL 9/5/86
PAYROLL 9/5/86
SEPTEMBER 86 INSURANCE
EXPENSES-ENGINEERING DEPT
LIQUOR
ug
OCTOBER 7,1986
29906 EAGLE WINE CO
21 17
EAGLE WINE CO
2,-J8 PRIOR WINE CO
29909 TWIN CITY WINE CO
29910 QUALITY WINE CO
29911 MARK VII SALES
29912 PAUSTIS & SONS CO
29913 ATRIUM CAFE INTERNATIONAL
29914 KAREN LARDER
29915 NICKY STOKES
29916 AT & T INFORMATION SYSTEMS
29917 AT & T INFORMATION SYSTEMS
29918 AT & T COMMUNICATIONS
29919 CITICORP INDUSTRIAL CREDIT
29920 NORTHERN STATES POWER CO
29921 NORTHWESTERN BELL TELEPHONE CO
29922 AT & T COMMUNICATIONS
29923 BRETT BAUMANN
29924 CHRISTY BEYER
29925 ROBERT BUNN
29926 COURTNEY CHRISTIAN
29927 CINDY COLLINS
29928 DEAN .EDSTROM JR
29929 MARK ELVECROG
29930 JENNIFER ERVASTI
29931 ELLIE FOSLIEN
29932 LELAND FREY
3 KACIE ANNA FUNK
ALICE M GRACA
29935 ZED J GRIER
29936 CINDY GUTZKE
29937 ERIN LYNN HOWK
29938 JAMES HUNGELMANN
29939 KATE KNICKERBOCKER
29940 MELISSA LAPPE
29941 MORGAN R MCINTOSH
29942 LAURA NEWMAN
29943 PATRICK PERKINS
29944 DEBBIE REGELLO
29945 CRAIG ROSS
29946 MARY BETH THE ISEN
29947 HOPKINS POSTMASTER
29948 MCDONALDS
29949 TOTAL ENTERTAINMENT INC
29950 EUGENE DIETZ
29951 AT & I COMMUNICATIONS
29952 AT & T INFORMATION SYSTEMS
29953 NORTHWESTERN BELL TELEPHONE CO
29954 STEVEN R SINELL
29955 DANIELLE FAISON
29956 JENNIFER BAILEY
29957 UNIVERSITY OF MINNESOTA
29 -9 COMMISSIONER OF REVENUE
25. .4 STATE BOARD OF ASSESSORS
29960 ST CLOUD HOLIDAY INN
WINE
LIQUOR
WINE
LIQUOR
WINE
WINE
WINE
EXPENSES-ADULT TRIP/FEES PAID
REFUND-PRENATAL CLASSES
REFUND-SWIMMING CLASSES
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-DAY CAMP
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-BOUNDARY WATER TRIP
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-RACQUETBALL CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-SWIMMING CLASSES
REFUND-HOCKEY FEE
REFUND-MEMBERSHIP FEES
POSTAGE-CITY HALL
EXPENSES-COMMUNITY SERVICES
EXPENSES-COMMUNITY SERVICES
AUGUST 86 EXPENSES
SERVICE
SERVICE
SERVICE
SEPTEMBER 86 EXPENSES/CONFERENCE
REFUND-SWIMMING CLASSES
REFUND-SKATING CLASSES
CONFERENCE-ASSISTANT TO THE CITY
LICENSE FEE-ASSESSING DEPT
FEE-ASSESSING DEPT
EXPENSES-WATER DEPT
1140.23
4916.40
325.89
7731.85
2788.99
79.38
593.12
50.00
26.00
13.00
1957.58
104.30
172.97
656.81
35681.96
688.39
5.20
6.00
11.00
5.00
10.00
18.00
16.00
17.20
24.00
24.00
15.00
6.00
18.00
10.00
5.00
14.00
4.00
10.00
10.00
4.00
10.00
14.00
18.00
2.50
16.00
5000.00
19.08
230.00
165.00
49.99
13.80
162.84
EXPENSES 427.20
9.25
15.00
MANAGER 50.00
6.00
5.00
153.69
6352662
OCTOBER 7,1986
29961 SUBURBAN UTILITIES-SUPERINTENDENT
MINNESOTA COMMERCE DEPARTMENT
29. TRAVIS CHERRO
29964 GLENN W KELLER
29965 COMMISSIONER OF REVENUE
29966 EAGLE WINE CO
29967 EAGLE DIST CO
29968 PRIOR WINE CO
29969 GRIGGS COOPER & CO INC
29970 VOID OUT CHECK
29971 QUALITY WINE CO
29972 TWIN CITY WINE CO
29973 CAPITOL CITY DISTRIBUTING CO
29974 ED PHILLIPS & SONS CO
29973 CAPITOL CITY DISTRIBUTING CO
29975 DELARIAS KENTUCKY FRIED CHICKEN
29976 DANA GIBBS
29977 COMMISSIONER OF REVENUE
29978 STANLEY POND SERVICES
29979 EMS
29980 PETTY CASH
29981 AD SYSTEMS
29982 NEIL CLARK
29983 MAXINE BRUECK
29984 FEDERAL RESERVE BANK
29985 COMMISSIONER OF REVENUE
29986 DEPARTMENT OF EMPLOYEE RELATIONS
29(
DEPARTMENT OF EMPLOYEE RELATIONS
299od MINNESOTA STATE RETIREMENT SYSTEM
29989 GREAT WEST LIFE ASSURANCE CO
29990 ICMA RETIREMENT GROUP
29991 PERA
29992 UNITED WAY OF MINNEAPOLIS
29993 CITY-COUNTY CREDIT UNION
29994 SUBURBAN NATIONAL BANK
29995 MATT BAKER
29996 NICK HEWITT
29997 JOEY BOURNE
29998 KATE GIE
29999 SUN COMMUNITY DIRECTORIES INC
30000 JASON-NORTHCO PROPERTIES
30001 EUGENE DIETZ
30002 SEMINAR-H C MEDICAL EXAMINER
30003 EAGLE 01ST. CO
30004 EAGLE WINE CO
30005 PRIOR WINE CO
30006 ED PHILLIPS & SONS CO
30007 QUALITY WINE CO
30008 TWIN CITY WINE CO
30009 CAPITOL CITY DISTRIBUTING CO
30010 CITY OF ANOKA
30011 JAMES HUNGELMANN
304" BRIAN YEAGER
30d. CHRISTINE PLUNKETT
30014 MARY HAYDEN
SCHOOL-WATER DEPT
NOTARY FEE-BUILDING DEPT
REFUND-SKATING CLASSES
REFUND-TENNIS CLASSES
AUGUST 1986 FUEL TAX
WINE
LIQUOR
WINE
LIQUOR
WINE
WINE
WINE
LIQUOR
WINE
EXPENSES-CITY COUNCIL
PACKET DELIVERIES
AUGUST 86 SALES TAX
SERVICE-LIME SLUDGE REMOVAL
FEE-POLICE DEPT
EXPENSES-COMMUNITY CENTER
ADS-LIQUOR STORES
REFUND-KIDS KORNER
OFFICE SUPPLIES
PAYROLL 9-19-86
PAYROLL 9-19-86
PAYROLL 9-19-86
PAYROLL 9-19-86
PAYROLL 9-19-86
PAYROLL 9-19-86
PAYROLL 9-19-86
PAYROLL 9-19-86
PAYROLL 9-19-86
PAYROLL 9-19-86
PAYROLL 9-19-86
REFUND-GAMES FOR KIDS
REFUND-GAMES FOR KIDS
REFUND-GAMES FOR KIDS
REFUND-SWIMMING CLASSES
ADS-LIQUOR STORES
OCTOBER 86 RENT
SEPTEMBER 86 EXPENSES &
CONFERENCE-POLICE DEPT
LIQUOR
WINE
WINE
LIQUOR
WINE
WINE
WINE
MUNICIPALS DINNER-CITYS
REFUND-SWIMMING CLASSES
REFUND-SKATING CLASSES
REFUND-TENNIS CLASSES
REFUND-TENNIS CLASSES
55.00
10.00
13.00
20.00
43.35
393.34
3987.11
299.24
653.58
0.00
3358.49
1875.62
0.00
6039.23
765.42
26.97
65.00
17427.57
22853.18
30.00
35.61
416.00
13.50
253.03
23309.59
9896.39
18392.04
209.82
10.00
5058.00
760.00
19744.83
217.50
2363.13
200.00
8.00
8.00
8.00
14.50
752.40
4525.82
CONFERENCE EXPENSE 498.19
160.00
4731.48
560.53
823.47
4610.27
2737.72
6387.04
188.23
PORTION 153.00
7.00
15.00
20.00
20.00
16502419
at/99
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
13.50
527.24
700.00
50.00
2189.29
3242.83
500.00
75.38
76.50
72.00
75.38
23.63
74.25
6.75
76.50
92.13
93.50
78.75
73.13
76.50
74.25
96.25
74.25
74.25
72.00
72.00
73.13
27.00
72.00
93.50
76.50
76.50
76.50
96.25
76.50
72.00
74.25
76.50
73.13
90.75
74.25
72.00
74.25
88.00
96.25
74.25
72.00
76.50
76.50
73.13
73.13
90.75
76.50
74.25
93.50
REFUND-KIDS KORNER
XEROX PAPER-CITY HALL
CONCERT-HISTORICAL CULTURE COMMISSION
CHANGE FUND-HISTORICAL CULTURE
SERVICE
CO SERVICE
CONFERENCE EXPENSES-POLICE DEPT
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
OCTOBER 7,1986
30015 KAMIE KEHRWALD
3411 5 JIM WALTER PAPERS
3011./ TED UNSETH
30018 NONA HOVEY
30019 MINNESOTA GAS CO
30020 NORTHERN STATES POWER
30021 KEITH WALL
30022 RITA ANDERSON
30023 PRISCILLA A BAILEY
30024 JUDITH E BAKER
30025 LEONE BARTA
30026 JOAN S BARTH
30027 BERNADINE BEAURAIS
30028 BARBARA WEHR BERGAN
30029 JESSIE BEYL
30030 ADELINE M BRAMWELL
30031 JEANNE BRANDT
30032 CHERYL MARIE BRIDGE
30033 ROBERTA BRONSON
30034 DOLORES V BROWN
30035 SHARON BUNTIN
30036 BARBARA CAIL
30037 LINDA' CAMPBELL
30038 ANN CHEATHAM
30039 LOUISE DOUGHTY
30040 NANCY DOWNEY
30Q41 NORMA ENGEL
3 PERRY FORSTER
30 3 HARLAN D FRITZ
30044 VIRGINIA K GARTNER
30045 JULIET A GLEASON
30046 LEOTA HALES
30047 CHERYL HANSEN
30048 HELEN HAUPT
30049 ANNE R HAWKINS
30050 CAROLE HEDLUND
30051 CAROL HEGGE
30052 MARY B HELFAND
30053 BERNICE M HOLASEK
30054 ALLENE HOOKOM
30055 ISABELL IVERSON
30056 ELAINE M JACQUES
30057 BILL JELLISON
30058 SHIRLEY JELLISON
30059 DORIS JOHNSON
30060 PATRICIA JOHNSON
30061 LYLE J JOHNSTON
30062 PAULINE G JOHNSTON
30063 LAUREL KEITEL
30064 DELORES KLEIN
30065 JUDY KOBER
30066 SUZANNE K LANE
30r*" KAREN LAVELLE
ADELINE L LEVIN
30069 GEORGE ANN LILLIE
1082003
30070
3r^11,1
1. /2
30073
30074
30075
30076
30077
30078
30079
30080
30081
30082
30083
30084
30086
30087
30088
30089
30090
30091
30092
30093
30094
30095
30096
34'
30,16d
30099
30100
30101
30102
30103
30104
30105
30106
30107
30108
30109
30110
30111
30112
30113
30114
30115
30116
30117
30118
30119
30120
30('
30122
2622461
,A50
OCTOBER 7,1986
NANCY LITTLE
VIOLA MCLAIN
RICHARD W MCMULLEN
CAROLE MEIDINGER
RUTH MITAL
JOYCE MYHRE
ALFRED L NELSON
CAROLINE B NELSON
MARION L NESBITT
•KATHLYN NICHOLSON
RUTH OLSON
ANN W PARKER
LAUREL PENNEBAKER
•JAMES RANNOW
:LAURINA REIFF
BETTY SCHAITBERGER
FRANCES SCHAITBERGER
"NANCY J SCHMIDT
ALICE SMITH
RODGER W SMITH
SUSAN STANLEY
YONG SUVANNARAD
ANNE C THOMAS
WALTER THOMPSON
RUTH L TRAASETH
ELAINE B UDSTUEN
BARBARA VANDERPLOEG
MELODY VILLARS
ANN WILSON
MARIE WITTENBERG
ETHYL L WOKASCH
JO ANN WRONSKI
JOSEPHINE ZALUSKY
THOMAS J ZALUSKY
AAA STRIPING SERVICE INC
AAMCO TRANSMISSIONS
ACRO-MINNESOTA INC
ADVENTURE PUBLICATIONS
AIRSIGNAL INC
ALLIS-CHALMERS HYDRO INC
AMERI-STAR LIGHTING
AMERICAN ARBITRATION ASSOC
AMERICAN WATER WORKS ASSOC
EARL F ANDERSEN & ASSOC INC
ROBERT ARNDT
ASSOCIATED ASPHALT INC
AUTOMOBILE SERVICE CO
PAT BARKER
GREG BASSETT
BATTERY & TIRE WAREHOUSE INC
BENNETT MATERIAL HANDLING
R W INC
CITY OF BLOOMINGTON
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
ELECTION JUDGE
PAINT CENTERLINES-STREET DEPT
REPAIR TRANSMISSION-STREET DEPT
OFFICE SUPPLIES
TREE HANDBOOK-FORESTRY DEPT
SERVICE-COMMUNITY CENTER
CYLINDER REPAIR KIT-WATER DEPT
LIGHTS-PUBLIC WORKS BUILDING
1985 LIME SLUDGE ARBITRATION FEE
FILM RENTAL-WATER DEPT
STREET SIGNS
AUGUST 86 CUSTODIAL SERVICE
BLACKTOP-STREET DEPT
REPAIR BRAKES-STREET DEPT
MILEAGE-ELECTIONS
HOCKEY OFFICIAL/FEES PAID
-BRAKE SHOES/7 BATTERIES/SPARK PLUGS-
STREET MAINTENANCE
HAND PALLET JACK-WATER DEPT
-SERVICE-ANDERSON LAKES PARKWAY/ VALLEY
VIEW ROAD
AUGUST 86 IMPOUND SERVICE
76.50
75.38
72.00
74.25
76.50
72.00
73.13
72.00
76.50
75.38
72.00
74.25
78.75
90.75
74.25
74.25
78.75
72.00
78.75
72.00
74.25
74.25
72.00
27.00
74.25
73.13
96.25
72.00
76.50
72.00
73.13
90.75
75.38
72.00
390.32
560.00
206.65
59.99
80.00
56.52
798.00
209.40
45.00
860.80
200.00
5556.30
85.48
44.00
132.00
483.69
459.00
13075.18
390.00
30137
30138
30139
30140
30141
30142
30143
30144
30145
2p 1 46 IL 47
30148
30149
30150
30151
30152
30153
30154
30155
30156
30157
30158
30159
30160
30161
30162
30163
30164
30165
30166
30167
30168
30169
30170
1.:12
30173
30174
OCTOBER 7,1986
1(123
) 124
J 30125
1 30126
LOIS BOETTCHER
BOUSTEAD ELECTRIC & MFG CO
BOYER FORD TRUCK
BRAUN ENG TESTING INC
30127 BRIGADIER ELECTRONIC SYSTEMS
30128 ED BRION
30129 JOHN D BULTMAN
30130 MIKE BURGETT
30131 CARDOX CORP
30132 CARLSONS LAKE ST EQUIPMENT CO
30133 CARLSON TREE SERVICE
30134 BILL CARROLL
30135 CEDAR HILS GOLF
30136 CHAPIN PUBLISHING CO
CENTURION TECHNOLOGY SYSTEMS INC
CITY OF CHASKA
JAMES G CLARK
CLEVELAND COTTON PRODUCTS
CLIMATE MAKERS INC
COMMISSIONER OF TRANSPORTATION
COMMUNICATIONS CENTER
COMSTOCK & SONS
JEFFREY CONRADI
CONSTRUCTION 70
CONSULTING GROUP
CONWAY FIRE & SAFETY INC
COPY EQUIPMENT INC
CORPORATE RISK MANAGERS INC
CREDIT BUREAU OF MINNEAPOLIS
CURTIS INDUSTRIES
CUTLER-MAGNER COMPANY
DALCO
BARB DANIELSON
CRAIG W DAWSON
DAY-TIMERS INC
DRISKILLS SUPER VALU
DRISKILLS SUPER VALU
EAGLE SNACKS INC
THOMAS E EASTMAN
JEFFREY C EDELEN
EDEN PRAIRIE APPLIANCE
EDEN PRAIRIE CHAMBER OF COMMERCE
EDEN PRAIRIE GROCERY
CITY OF EDINA
ELVIN SAFETY SUPPLY INC
JEFFREY ELWELL
EMERGENCY SERVICE SYSTEM INC
CHRIS ENGER
DAVE ERDMAN
ESS BROTHERS & SONS INC
FINLEY BROS ENTERPRISES
FIRST COMMUNICATIONS SERVICE CTR
SERVICE-PARK & REC COMMISSION MINUTES 9/15 72.00
BELTS-COMMUNITY CENTER 21.09
CABLE/ADAPTER-STREET DEPT 12.59
-SERVICE-TECHNOLOGY DRIVE/PIONEER TRAIL 2535.30
SEWER
4TH QTR 86 SECURITY SYSTEM-P/W BLDG 72.00
SOFTBALL OFFICIAL/FEES PAID 112.00
SOFTBALL OFFICIAL/FEES PAID 326.00
SOFTBALL OFFICIAL/FEES PAID 112.00
CARBON DIOXIDE-WATER DEPT 1045.10
GENERATOR CAP-STREET DEPT 3.67
TREE REMOVAL-FORESTRY DEPT 900.00
MILEAGE 24.23
GOLF INSTRUCTOR/FEES PAID 33.25
-LEGAL ADS-VALLEY VIEW WEST GOLDEN 331.52
TRIANGLE/BLUFFS EAST 4TH ADDITION
REPAIR SQUAD CARS 142.00
1/3 CITYS SHARE OF TRANSIT STUDY 575.88
EXPENSES-POLICE DEPT 16.00
TOWELS-WATER DEPT 346.06
REPAIR AIR COMPRESSOR-COMMUNITY CENTER 265.05
SERVICE-MITCHELL & HWY 169 105.99
RADIO FOR NEW TRUCK-STREET DEPT 1077.95
REFUND-WATER METER DEPOSIT 560.86
HOCKEY & SOFTBALL OFFICIAL/FEES PAID 105.00
REFUND-WATER METER DEPOSIT 281.73
SERVICE-POLICE DEPT 100.00
CHEMICALS-FIRE DEPT 129.00
BLUELINE/PEN POINTS/SEPIA FILM-ENG DEPT 379.64
SEPTEMBER 86 INSURANCE CONSULTANT 400.00
REPORTS-POLICE DEPT 10.00
GREASE-STREET DEPT 239.79
QUICKLIME-WATER DEPT 5056.38
-200 GAL TANK-PARK MAINTENANCE/CLEANING 780.44
SUPPLIES-COMMUNITY CENTER
MILEAGE 13.50
MILEAGE 46.75
SUPPLIES-PLANNING DEPT 15.65
SUPPLIES-DAY CAMP 24.77
SUPPLIES-COMMUNITY CENTER 637.51
SUPPLIES-LIQUOR STORE 42.24
MILEAGE-COMMUNITY CENTER 63.75
MILEAGE-COMMUNITY CENTER 45.50
REPAIR REFRIGERATOR-FIRE DEPT 74.67
DUES-CITY HALL 250.00
SUPPLIES-FIRE & POLICE DEPT 66.18
AUGUST 86 TESTS 153.50
GLOVES/DOG REPELLANT-WATER DEPT 138.53
MILEAGE-COMMUNITY CENTER 13.00
MOTOR/GASKETS-POLICE DEPT 185.25
SEPTEMBER 86 EXPENSES 168.75
CONCERT-COMMUNITY SERVICES 75.00
MANHOLE RINGS & COVERS-SEWER DEPT 870.00
REPAIR FENCE-PARK MAINTENANCE 330.00
REPAIR PHONE-POLICE DEPT 40.00
1942707
260A
OCTOBER 7,1986
SERVICE-FIRE DEPT
GAME BOARDS & PARTS-COMMUNITY CENTER
3RD QTR 86 SECURITY SERVICE-LIQUOR STORE
GASKET PLUNGER/OIL-COMMUNITY CENTER
SUPPLIES-LIQUOR STORES
EXPENSES-COMMUNITY SERVICES
REFUND-WATER METER DEPOSIT
AUGUST 86 EXPENSES
SERVICE-VALLEY VIEW & GREENRIDGE DRIVE
HOCKEY OFFICIAL/FEES PAID
RADIO REPAIR & PARTS
SERVICE-WYNDHAM KNOLL
6 TIRES & INNER TUBES-STREET DEPT
IRON POSTS-WATER DEPT
CLEANING SUPPLIES-PARK MAINTENANCE
SEPT & NOV 86 SUBSCRIPTION-ASSESSING DEPT
HOCKEY OFFICIAL/FEES PAID
SOFTBALL OFFICIAL/FEES PAID
SPRING/IDLE ADJUSTMENT SCREW/CLUTCH SHOES
AUGUST 86 SERVICE-BLUFFS EAST 4TH ADD
8 INCH PUMP-STREET DEPT
MILEAGE-ORGANIZED ATHLETICS
SCHOOL-POLICE DEPT
FILING FEE-ENGINEERING DEPT
OXYGEN/TRAFFIC LENS-STREET & PARK MAINT
2ND HALF 86 PROPERTY TAXES
MAPS-ENGINEERING & ASSESSING DEPT
JULY & AUG 86 CHIPARVESTOR RENTAL-FORESTRY
1/2 SECTION MAPS-ENGINEERING DEPT
JULY 86 BOOKING FEE
WARNING SIGNS-PARK MAINTENANCE
SCHOOL-FIRE DEPT
HORSEBACK RIDING CLASSES/DAY CAMP
SERVICE-PURGATORY RECREATION AREA
EPDXY PAINT-COMMUNITY CENTER
RIBBON-ORGANIZED ATHLETICS
FIELD MARKING-PARK MAINTENANCE
WHEELS/SHEETS OF ACRYLIC-COMMUNITY CENTER
SEPT-NOV 86 SECURITY SYSTEM
OFFICE SUPPLIES-CITY HALL
MAINTENANCE AGREEMENT/TONER-CITY HALL
ELECTRICAL SERVICE-WATER DEPT
ELECTION LUNCHS/AUG 86 CUSTODIAL SERVICE
CONCESSION STAND SUPPLIES-ROUND LAKE PARK
SERVICE-POLICE DEPT & CITY HALL
CITY PICNIC EXPENSES
REFUND-WATER METER DEPOSIT
3 FOLDING TABLES/OFFICE SUPPLIES-WATER OPT
LUMBER-COMMUNITY CENTER
BUSHING-PARK MAINTENANCE
MATTING FOR WET LOCKER ROOM FLOORS-C/C
REPAIR AIR CONDITIONER SYSTEM-P/W BLDG
QUARTZ LIGHT-PARK MAINTENANCE
SUPPLIES-LIQUOR STORES
20.00
51.87
324.00
0.00
28.60
433.09
42.00
564.09
165.00
667.00
112.00
440.51
2140.70
1198.76
732.52
196.93
50.00
30.00
112.00
15.14
25397.15
2536.40
81.00
180.00
50.50
70.40
2373.62
144.00
2489.53
472.00
160.52
211.73
50.00
1965.00
2926.62
114.10
257.98
63.75
194.52
374.07
201.00
181.00
395.20
2692.37
64.35
57.54
217.47
476.31
218.23
43.20
28.80
360.61
303.00
13.65
112.13
30175 FITNESS ASSOCIATES INC
31-'6 FLAGHOUSE INC
FLOYD SECURITY
30178 VOID OUT CHECK
30179 JOHN HENRY FOSTER MINN INC
30180 FOUR STAR BAR & RESTAURANT SUPPLY
30181 LYNDELL FREY
30182 FRIEDGES LANDSCAPING
30183 JOHN FRAME
30184 G L CONTRACTING INC
30185 DARRELL GEDNEY
30186 GENERAL COMMUNICATIONS INC
30187 GME CONSULTANTS INC
30188 GOODYEAR TRUCK TIRE CENTERS
30189 GOPHER SIGN CO
30190 W W GRAINGER INC
30191 GREATER MPLS AREA
30192 DOUG GREEN
30193 MICHAEL W HAMILTON
30194 HANCE DISTRIBUTING INC
30195 HANSEN THORP PELLINEN OLSON INC
30196 HAYDEN MURPHY EQUIPMENT CO
30197 LAURIE HELLING
30198 HENNEPIN CTY CHIEFS OF POLICE
30199 HENNEPIN COUNTY PUBLIC RECORDS
30200 HENNEPIN COUNTY TREASURER
HENNEPIN COUNTY TREASURER
3 ! HENNEPIN COUNTY TREASURER
30 3 HENNEPIN COUNTY TREASURER
30204 HENNEPIN COUNTY TREASURER
30205 HENN CTY-SHERIFFS DEPT
30206 HENNEPIN COUNTY TREASURER
30207 HENNEPIN TECHNICAL CENTERS
30208 HENNEPIN TECHNICAL CENTERS
30209 EUGENE A HICKOK & ASSOC INC
30210 HILLYARD FLOOR CARE SUPPLY CO
30211 HODGES BADGE COMPANY INC
30212 HOFFERS INC
30213 HOLMSTEN ICE RINKS INC
30214 HONEYWELL
30215 IBM CORP
30216 IBM
30217 IDEAL ELECTRIC COMPANY
30218 INDEPENDENT SCHOOL DIST #272
30219 INSTANTWHIP-MINNESOTA INC
30220 INTL OFFICE SYSTEMS INC
30221 JERRY SUPER VALU
30222 RAY JORDAN & SONS
30223 JM OFFICE PRODUCTS INC
30224 JUSTUS LUMBER CO
30225 KAMAN BEARING & SUPPLY CORP
30226 KENDALL USA
311r KLEVE HTG & AIR COND INC
30LJ KNOX LUMBER CO
30229 LANCE
$52801.96
A50 3
129.96
23.32
OCTOBER 7,1986
30230 LANE INSURANCE INC WORKMENS COMP & AUTO INSURANCE
(
1 231 VIRGINIA LEDFORD LEGAL SERVICE
232 LEEF BROS INC COVERALLS-STREET DEPT
30233 LOOS AUGUST 86 SERVICE
30234 LUND ASPHALT CONSTRUCTION CO SERVICE-DRAINAGE DEPT
30235 LYMAN LUMBER CO LUMBER-PARK MAINTENANCE & DRAINAGE DEPT
30236 MPH INDUSTRIES INC TEST RADAR EQUIPMENT-POLICE DEPT
30237 MIKE MARUSHIN SCREWDRIVERS/AIR GUN COVER/BUSINING-STREET
30238 RANDY MASON HOCKEY OFFICIAL/FEES PAID
30239 MASYS CORPORATION OCTOBER 86 MAINTENANCE SERVICE
30240 MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT
30241 MERRILL LYNCH REFUND WATER & SEWER BILL
30242 METRO FONE COMM INC OCTOBER 86 PAGER RENTAL-SEWER DEPT
30243 METRO PRINTING INC FORMS-POLICE DEPT
30244 MIDAS MUFFLER REPLACE MUFFLER-FIRE DEPT
30245 MIDLAND EQUIPMENT CO -INSTALL TAILGATE-WATER DEPT/WELD BOOM ON
TREE TRUCK
30246 MIDWEST ASPHALT CORP BLACKTOP-STREET DEPT
30247 MILLER/DAVIS CO 1986 TAX FORMS-FINANCE DEPT
30248 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES
30249 MPLS STAR & TRIBUNE CO EMPLOYMENT ADS-COMMUNITY CENTER
30250 MINNESOTA REC & PARK ASSOC MRPA SOUVENIR CUPS-ORGANIZED ATHLETICS
30251 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORES
30252 MINNESOTA VALLEY ELECTRIC CO-OP OCTOBER 86 SERVICE
30253 MINNESOTA WANNER CO -SPECIAL TURNTABLE TO HOLD OXYGEN TANK-
FIRE DEPT
10254 MOTOROLA INC REPAIR RADIO-POLICE DEPT c 255 MURRAY SANDLER SKATE & SPORT SUPP SKATING HELMETS-COMMUNITY CENTER
0256 MTI DISTRIBUTING CO DISTRIBUTOR CAP/SKIRT BAFFLE-PARK MAINT
30257 MY CHEESE SHOP SUPPLIES-POLICE DEPT
30258 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS
30259 NORTHERN STATES POWER CO SERVICE
30260 OCHS BRICK & TILE CO CEMENT-STREET DEPT
30261 OPUS CORP REFUND-WATER METER DEPOSIT
30262 HARRY A ORTLOFF SOFTBALL OFFICIAL/FEES PAID
30263 T A PERRY ASSOCIATES INC REPAIR PUMP & MOTOR-P/S BUILDING
30264 PET CREMATION SERVICE SERVICE-ANIMAL CONTROL
30265 CONNIE PETERS MILEAGE-COMMUNITY CENTER
30266 PETTY CASH-PUBLIC SAFETY DEPT EXPENSES-POLICE DEPT
30267 JOYCE PHELPS ICE SKATING PROGRAM-COMMUNITY CENTER
30268 STANLEY E POND JR LIME SLUDGE ARBITRATION FEE
30269 PRAIRIE LAWN & GARDEN OIL/REPAIR CARBURATOR-WATER DEPT
30270 PRENTICE-HALL INC BOOK-FORESTRY DEPT
30271 PRINT SHACK COLORED PAPER-COMMUNITY CENTER
30272 POWER BRAKE EQUIPMENT CO FLASHERS-STREET DEPT
30273 QUALITY FITNESS FITNESS CLASSES/FEES PAID
30274 R & R SPECIALTIES INC -SHARPEN ZAMBONI BLADES/TUNE-UP ZAMBONI
MACHINE-COMMUNITY CENTER
30275 RECREONICS CORP REPLACE STEP-SWIMMING POOL AREA
30276 RETAIL DATA SYSTEMS OF MINNESOTA CASH REGISTER TAPE-LIQUOR STORE
30277 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-TECHNOLOGY DRIVE/PRESERVE BLVD/
-VALLEY VIEW ROAD/WYNDHAM KNOLL/RIVER
(278 ROAD MACHINERY & SUPPLIES CO
VIEW ROAD/HIDDEN GLEN 3RD ADDITION
12 SETS OF MUDFLAPS-STREET DEPT
30279 NORBERT H ROGERS EXPENSES-FIRE DEPT
11339542
46328.00
587.50
54.00
6435.00
268.75
404.69
59.95
58.15
144.00
914.00
52.08
16.03
10.50
52.00
60.00
305.00
3453.14
40.00
81.50
48.60
9.50
105.84
37.75
217.00
79.50
144.15
115.68
44.31
808.51
5871.75
31.50
67.13
238.00
75.20
20.00
15.75
33.08
338.00
507.30
65.32
40.82
283.00
344.57
20.00
134.55
39.64
49.13
44132.27
OCTOBER 7,1986
OCTOBER 86 CABLE SERVICE-COMMUNITY CENTER 10.80
REFUND-WATER METER DEPOSIT 167.19
STAMP-FINANCE DEPT 18.00
BLEACHERS/SAFETY RAILS-FLYING CLOUD FIELDS 11172.00
CREPE PAPER/BALLONS-COMMUNITY SERVICES 28.00
EXPENSES 43.50
PORTABLE RESTROOMS-PARK MAINTENANCE 32.50
CAR WASH POWDER/TOWELS-STREET DEPT 463.75
EXPENSES 10.25
SOFTBALL OFFICIAL/FEES PAID 210.00
REFUND-MECHANICAL PERMIT FEE 114.06
SERVICE-CITY HALL PLANS 583.36
SWITCH/CARBURATOR/HOUSING/REPAIR WIPERS 690.38
SUBSCRIPTION-LIQUOR STORE 60.00
OVERPAYMENT ON BUILDING PERMIT 12.17
VALVE-WATER DEPT 153.01
INSTALL TROUBLE RELAY-COMMUNITY CENTER 109.10
ELECTION SIGNS 34.00
ALLEN WRENCH/SCREWDRIVERS-STREET DEPT 28.04
SUPPLIES-COMMUNITY SERVICEES 36.51
MILEAGE-WATER DEPT 36.25
REPAIR ICE MACHINE-LIQUOR STORE 112.75
I 4TH QUARTER 86 EXPENSES 1533.82
T-SHIRTS/SWEATSHIRTS/SUITS-COMMUNITY CTR 940.85
COMMUNITY BAND SERVICE 545.00
AMMUNITION/GUNS-POLICE DEPT 736.05
SERVICE-WATER TREATMENT PLANT ADDITION 933.84
1986 CHEVROLET PICKUP-POLICE DEPT 12383.81
-PUMP/WASHER/WIPER DELAY MODULE/CABLE 163.82
HUB CAP-STREET DEPT
SERVICE-PUMP TANK AT SENIOR CENTER 100.00
-CALCULATOR-ASSESSING DEPT/WATER CARNIVAL 103.93
SUPPLIES-COMMUNITY CENTER
SOFTBALL OFFICIAL/FEES PAID 218.00
MUSIC RENTAL-COMMUNITY SERVICES 159.00
WOODCHIPS-FORESTRY DEPT 20.00
2 CASES TENNIS BALLS-SUMMER PROGRAMS 78.00
HOSE ANCHOR/ADAPTER-PARK MAINTENANCE 19.82
SERVICE-VALLEY VIEW ROAD 116.00
FEDERAL SIREN SPEAKERS-FIRE DEPT 390.00
REPAIR TENNIS NETS-PARK MAINTENANCE 105.00
GAS CYLINDER-COMMUNITY CENTER 334.14
GASKETS/NOZZLE/FILTERS-COMMUNITY CENTER 84.50
-BELTS/CHLORINE CANISTER-WATER & COMMUNITY 89.01
CENTER
TELEPHONE REPAIR-COMMUNITY CENTER 44.82
CHLORINE TABLETS-COMMUNITY CENTER 47.93
MILEAGE 13.00
-PIPE WRENCH/VALVE SEAT/CHAMBER GASKET/ 6317.70
GENERATORS/FOUR 3" METERS $5064.00
SOFTBALL OFFICIAL/FEES PAID 28.00
LIGHT BULBS-COMMUNITY CENTER 409.52
MILEAGE 81.40
FREIGHT CHARGES-WATER DEPT 312.73
REFUND-WATER & SEWER BILLING 59.65
30280 ROGERS CABLE TV-MINNESOTA
ROTTLUND CO
1. 282 RYANS RUBBER STAMPS
30283 ST CROIX RECREATION CO
30284 SALLY DISTRIBUTORS INC
30285 WAYNE R SANDERS
30286 SATELLITE INDUSTRIES INC
30287 SAVOIE SUPPLY CO INC
30288 DALE SCHMIDT
30289 DON SCHWARTZ
30290 GEO SEDGWICK HTG
30291 SETTER LEACH & LINDSTROM INC
30292 SHAKOPEE FORD INC
30293 M SHANKEN COMMUNICATIONS
30294 SHEEHY COSNT
30295 SIMONE ENGINEERING INC
30296 SIMPLEX TIME RECORDER CO
30297 THE SKETCH PAD
30298 SNAP ON TOOLS CORP
30299 SNYDER DRUG STORES INC
30300 ED SORENSEN
30301 SOUTH-TOWN REFRIGERATION INC
30302 SOUTHWEST SUBURBAN CABLE COMMISS
30303 SPORTS WORLD-EDEN PRAIRIE
30304 EMMET STARK
30305 DON STREICHER GUNS
(306
Ju308
07 SUBURBAN CHEVROLET
STS CONSULTANTS LTD
SUBURBAN CHEVROLET
30309 SULLIVANS SERVICES INC
30310 TARGET 220
30311 KEVIN TIMM
30312 TRESTMAN MUSIC CENTER
30313 TUPCO INC
30314 TWIN CITY TENNIS SUPPLY INC
30315 TWIN CITY OXYGEN CO
30316 TWIN CITY TESTING
30317 UNIFORMS UNLIMITED
30318 THE UPHOLSTERY SHOP
30319 VALLEY INDUSTRIAL PROPANE INC
30320 VALLEY VIEW ASSOCIATES
30321 VESSCO INC
30322 VICOM INC
30323 VIKING LABORATORIES INC
30324 REBECCA WARNER
30325 WATER PRODUCTS CO
30326 PAUL WELIN
30327 WESCO
4'-?.8 SANDRA F WERTS
1-29 WESTERN CHEMICAL CO
30330 BRIAN WIESSNER
4049496
a5-o
OCTOBER 7,1986
30331 XEROX CORP
(
1332 DANIEL YANT
,0333 ZEE MEDICAL SERVICE
30334 -ZIEGLER INC
30335 KAY ZUCCARO
30336 FOREMOST BUSINESS MACHINES INC
29708 VOID OUT CHECK
LABELS/PRINTWHEEL/SERVICE-CITY HALL
SOFTBALL OFFICIAL/FEES PAID
1ST AID SUPPLIES-PARK MAINTENANCE
-SHAFT COUPLER/TREE TRUCK ENGINE TUNE-UP
FORESTRY DEPT
AQUA AEROBICS INSTRUCTOR/FEES PAID
CALCULATOR-WATER DEPT
261.00
616.00
18.55
651.09
382.50
209.50
74.98-
$2063.66
$638239.45
October 7, 1986
Cash disbursements by Fund Number
10 GENERAL 344954.02
11 CERTIFICATE OF INDEBT 623.81
15 LIQUOR STORE-P V M 87159.77
17 LIQUOR STORE-PRESERVE 63526.80
31 PARK ,ACQUIST & DEVELOP 14466.35
33 UTILITY BOND FUND 933.84
51 IMPROVEMENT CONST FD 79059.67
57 ROAD IMPROVEMENT CONST FD 8756.63
73 WATER FUND 33142.04
77 SEWER FUND 1582.70
81 TRUST & ESCROW FUND 4033.82
$638239.45
ORDINANCE NO. 50-86
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 2.05 RELATING TO THE SALARIES OF MAYOR AND COUNCIL
MEMBERS, 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. City Code Section 2.05 shall be and is amended to
read as follows:
SEC. 2.05. SALARIES OF MAYOR AND COUNCIL MEMBERS.
Subd. 1. The monthly salary of the Mayor shall be
$400.00 (until December 31, 1986 and shall be $500.00 thereafter.)
Subd. 2. The monthly salary of each Council member
shall be $300.00 (until December 31, 1986, and shall be $400.00
thereafter.)
Subd. 3. In addition to the above, the Mayor and each
Council member shall be paid a reasonable sum for each day plus
the reasonable expenses incurred while traveling outside the City
on business of the City.
Subd. 4. Salary adjustments shall become effective on
January 1 of the year following the next regular election which is
preceded by amendment of this Subdivision.
Section 2. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 11.99 are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and
after its passage and publication.
FIRST READ at a regular meeting of the City Council of Eden
Prairie on the 7th day of October, 1986, and finally read and
;51
;;'169
-2-
adopted and ordered published at a regular meeting of the City
Council of said City on the 21st day of October, 1986.
Mayor Gary D. Peterson
ATTEST:
John.D. Frane, City Clerk
MR. DOUGLAS E. REUTER
8750 BLACK MAPLE DRIVE
EDEN PRAIRIE, MN. 55344
941-8444
Mayor, Council, and City Manager:
City of Eden Prairie
8950 Eden Prairie Rd.
Eden Prairie, Mn. 55344
Mr, 'Julie:
EnClosed please find a proposed ordinance regarding the required
filing of campaign contributions and :expenses. I am proposing
this ordinance be adopted at the councils earliest convenience
and that it apply to the current election.
Since various forms of financial aid and council salary are now
based on a population in excess Of 20,000, I feel, our campaigns
should be based on a population in excess of 20,000.
If you have any questions regarding this request,
free to contact me at 559-5525 during the day or
night.
Thank you for your prompt action in this regard.
Sincerely,
Douglas E. Reuter
please feel
941-8444 at
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
PROPOSED ORDINANCE
WHEREAS, it is recognized that election to public office in the
City of Eden Prairie involves a public trust and confidence which
transcends personal interest or individual gain;
AND WHEREAS, Eden Prairie has in excess of 20,000 residents which
will, starting with the general election in 1992, require all
candidates to comply with Minnesota Fair Campaign Practices
statute Chapter 210A;
NOW THEREFORE BE IT ORDAINED, all current (and future) candidates
for Mayor and City Council, from this date to November 30, 1990,
are hereby required to file the following reports of campaign
contributions and expenditures (Form SC 00069-03 will be provided
by the city and must be used for this filing):
Subd. 1. Definitions for the purpose of this resolution shall be
the same as those in Section 210A.01 of Minnesota Fair Campaign
Practices statute.
Subd. 2. Every candidate and the secretary of every personal
campaign committee in every municipal primary, special municipal
election, or regular municipal election shall file financial
statements as follows:
a. Seven days before the primary;
b. Seven days after the primary;
c. Seven days before the regular or special elections;
d. Seven days after the regular or special election.
Subd. 3. The statement shall be verified upon the oath of the
candidate or the personal campaign committee, as the case may be,
and shall cover all transactions made up to and including the
third day before the filing of the statement and not accounted
for and reported upon in statements theretofore filed, except
that no transactions shall be made thereafter which are not
included in the final statement. Each statement after the first
shall contain a summary of all preceding statements and summarize
all items theretofore reported. The statements shall be filed
with the Finance Director of Eden Prairie and shall give in full
detail:
a) Every sum of money and all property, and every other
thing of value, received by such candidate or committee during
such period from any source whatsoever which the candidate or
committee uses or has used, or is at liberty to use for political
purposes, together with the name of every person or source from
which each was received and the date when each was received,
together with the total amount received from all sources in any
amount or manner;
1
2611
2
b) Every promise or pledge of money, property, or other
thing of value, recieved by such candidate or committee during
such period, the proceeds of which the candidate or committee
uses or has used, or is at liberty to use for political purposes,
together with the names of the persons by whom each was promised
or pledged, the special purposes for which each was promised or
pledged, and the date when each was so promised or pledged,
• together with the total amount promised or pledged from all
sources in any amounts or manner;
c) Every disbursement by such candidate or committee for
political purposes during such period, together with the name of
.every person to whom the disbursement is made, the specific
.purpose for which each was made, and the date when each was made,
together with the total amount of disbursements made in any
amounts or manner; and
d) Every obligation, expressed or implied, to make any
disbursement incurred by such candidate or committee for
political purposes during such period, together with the names of
the person or persons to or with whom each such obligation has
been incurred, the specific purposes for which each was made, and
the date when each was incurred, together with the total amount
of such obligations made in any amounts or manner.
Subd. 4. The name of any candidate chosen at a primary, or
otherwise, shall not be printed on the official ballot for the
ensuing general election, unless there has been filed by or on
behalf of the candidate and by their personal campaign committee,
If any, the statements required in Subd. 2 and 3 above.
Subd. 5. Any person violating any provision of this resolution,
shall, upon conviction thereof, be guilty of a gross misdemeanor;
and no person so convicted shall be permitted to take or hold
office to which he was elected, if any, or receive the emoluments
thereof.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Assistant to the City Manager Craig W. Dawson
Follow-up on Questions from the September 23 Council
Meeting Related to the Proposed 1987 Budget
October 3, 1986
Councilmembers raised several questions during the September 23 Special
Meeting held to discuss the proposed 1987 budget. This memorandum and the
attached report provide further detail which the Council is seeking.
Car telephones vs. radios
Car telephones present the next generation of technology in mobile
communications. At this time, cellular telephones are more expensive than
the traditional system of using radios. Cellular telephones cost
approximately $2,300 whereas mobile radios cost $1,100. One advantage of
car telephones, however, is that they may be more easily transferred from
vehicle to vehicle. Radios must stay with the car.
Car telephones make sense for those situations which require privacy in
communication or for those employees who may conduct a great deal of
business over the telephone in the office. As such, car telephones are
appropriate for police work and for the City Manager. In the latter case,
some City Managers (e.g., Edina) are currently using car telephones. Other
City departments usually have informational communication, for example,
where a field appointment may have been requested or rescheduled, and do not
require privacy. Further requests by callers can often be handled by
office staff. A radio system also offers an advantage where one can
quickly speak with or assemble employees from other departments as needed.
At this point, it appears wise to make an investment in radios and await
changes in technologies and in patterns of work.
Community Services
The question was asked about when the trail on County Road 1 between Dell
Road and Cedar Forest would be completed. The trail should be finished
this Fall.
Councilmembers expressed a concern about handling a motorized vehicle - a
cushman cart for patrol - running on trails which such traffic is
prohibited. Staff will work to identify ways to minimize the amount of
time that the cart may need to be on a trail. It will be difficult to
patrol secluded areas of Staring Lake and Round Lake parks, for example,
without staying on trails.
The $1,000 request for making microfiche of historic documents will be a
starting effort to organize and provide a record of these archives. The
City is also beginning to do more work on the More house; for example, the
City will be responsible for painting the trim on the house and replacing
25f
-2-
the furnace this Fall. The storage and care-taking of Historical Society
artifacts now held by Mrs. Anderson can be handled and supervised by
Community Service Department staff.
The Gus and Goldie program in aquatics was suggested to be funded by
service clubs. Staff will pursue this funding source.
Finally, the proposed purchase of four paddle boats will bring the size of
the fleet to eight boats. While the 1986 budget shows a $2,000 expenditure
for two boats, the actual price paid in 1986 was $750.00 for a four-seater
yacht. The 1987 request of four boats for $3,000 reflects actual cost.
Public Safety
The Public Safety Director has provided a copy of the Joint Powers
Agreement which outlines the cost sharing arrangement for the dispatch
system with the City of Richfield. A brief memorandum also provides a
history of Eden Prairie's share of costs since this arrangement began in
1983.
A memorandum has also been attached which summarizes the City's civil
defense siren system.
Questions were also raised about the costs of telephone equipment for the
emergency operations center. The proposed budget shows a decrease in
expense from $2,500 in 1986 to $1,000 in 1987. This amount was reduced to
reflect costs incurred during 1986. This cost reflects the monthly charges
for telephone lines to the emergency operations center. It represents an
ongoing expense.
Planning
Council asked if the Department may be better served by a car telephone
than a two-way radio. The Planning Department has a vehicle which it
generally uses and can have its communications needs satisfied by either
system. The City car should be equipped with a radio. If the Planning
Director were to need mobile communications, it may best be served by a car
telephone because the Director uses his own vehicle for transportation.
However, the need for this communciation link has not been established.
Engineering
The Director of Public Works has prepared a memorandum which explains the
need for a City Engineer position, outlines the responsibilities for that
position, and provides a rationale for the proposed salary.
Staff also researched the cost of leasing a machine for blacktop overlays.
Leasing arrangements are such that the cost of using a machine is 10% of
the cost for a new machine on a monthly basis. The paving machine
identified in the proposed budget is $75,000; the cost to lease the machine
would $7,500 per month. Weekly rental rates would be more expensive than a
- 3 -
Monthly rental rate. The City's current overlay program would take
• approximately one month to complete. The price now paid for asphalt is
$15.50 per ton.
Staff also investigated the cost of contracting for the overlay program.
• After 2,000 tons of asphalt, the pride is about $22.00 per ton laid. The
1987,budget proposes the use of 4,000 tons of asphalt for the overlay
program. If the City were to contract for service, liven• the differential
between the price of $22.00 per ton of asphalt under the contract
• arrangement vs. $15.50 per ton now paid to overlay streets itself, an
Additional $26,000 would need to be added to the budget.
CWD:jdp
Attachments
September 30, 1986
TO:
THRU:
FROM:
SUBJECT:
MAYOR AND CITY COUNCIL MEMBERS
CARL JULLIE, CITY MANAGER
KEITH WALL, PUBLIC SAFETY DIRECTOR
EMERGENCY COMMUNICATIONS
Attached find copies of the Richfield/Eden Prairie Joint Powers Agreement
and the cost sharing proposal.
The cosislor this service since 1983 are as follows: (you should note
that the:: 1983 figure was reduced to help us offset out budget shortfall in
the start—up year)
1983
$30,500.
1984
$43,800.
1985
$57,700.
1986
$66,500.
1987
$79,900.
254,
COST SHARING PROPOSAL FOR SHARED PUBLIC SAFETY
COMMUNICATIONS SERVICES FOR THE CITIES OF EDEN
PRAIRIE AND RICHFIELD, MINNESOTA. FOR DISCUSSION.
April 16, 1982:
a5-11
PROPOStU
RICHFIELD/EDEN PRAIRIE EMERGENCY COMMUNICATIONS SYSTEM
COST SHARING FORMULA AND STRATEGY
Currently, the Richfield Department of Public Safet
y
o
p
e
r
a
t
e
s
i
t
s
o
w
n
E
m
e
r
g
e
n
c
y
Communications System consisting of a number of bas
e
r
a
d
i
o
s
t
a
t
i
o
n
s
,
s
a
t
e
l
l
i
t
e
receiver stations, radio control consoles, telephon
e
s
y
s
t
e
m
s
,
r
e
c
o
r
d
i
n
g
d
e
v
i
c
e
s
,
state and local computer support systems, full time
P
u
b
l
i
c
S
a
f
e
t
y
D
i
s
p
a
t
c
h
e
r
s
,
part-time Communications Aides and Community Servic
e
O
f
f
i
c
e
r
s
a
n
d
s
e
l
e
c
t
e
d
o
t
h
e
r
staff personnel trained in communications. At the p
r
e
s
e
n
t
t
i
m
e
,
R
i
c
h
f
i
e
l
d
a
s
s
u
m
e
s
all of the costs of supporting this system. Based o
n
1
9
8
2
b
u
d
g
e
t
f
i
g
u
r
e
s
a
n
d
projected 1983 salary figures, these costs can be es
t
i
m
a
t
e
d
f
o
r
1
9
8
3
a
s
f
o
l
l
o
w
s
:
1. 4 full-time dispatchers (7,424 available manhours
assuming full use of
vacation, holiday, comp
and sick leave)
3 @ Step 6 @$1,554/mo ('82)
1 @ Step 3 @ 1,321/mo ('82)
82 total: $71,796 + 8% for '83= $77,540.00
*There are 8,760 hours in a year. Based on one opera
t
o
r
o
n
duty at a time, the 7,424 full time manhours leave
a
b
a
l
a
n
c
e
of 1,336 manhours which are covered by part-time re
l
i
e
f
p
e
r
s
o
n
s
who are usually similarly trained Community Service
O
f
f
i
c
e
r
s
.
2. Health insurance for 4 FT dispatchers $93.00 x 12
x
4
=
3. Dental insurance for 4 FT dispatchers $10.00 x 12
x
4
=
4. Uniform allowances for 4 FT dispatchers @ $215.00
x
4
=
5. PERA contributions for 4 FT dispatchers @ 5.5% of
$
7
7
,
5
4
0
=
6. FICA contributions for 4 FT dispatchers @ 6.7% of $
7
7
,
5
4
0
-
7. Worker's Compensation for 4 FT dispatchers @23t/$1O0
4,464.00
480.00
860.00
4,265.00
5.195.00
178.34
Full time subtotal: $92,282.34 Calculated hourly rate for putting one full time perso
n
in communications center for one hour is 512.52 per ho
u
r
.
8. 1,336 C.S.O. manhours in Communications for dispatch re
l
i
e
f
-
8,745.00 shifts (not counting lunch/dinner breaks) at 56.06/hr
'
8
2
average plus 8 ' for 1573
9. 2.5 hours per day by Comunications Aides in Conmunita
t
i
o
n
s
,
includes data entry, dinner hreaks, dispatch assisting
o
t
c
.
at 1922 average of S5.70/hr plus n for 1923.
Part-time subtotal: $14.365.00 Calculated hourly effective rate for puffing one part-
time person in Communications for 1 hour is $6.39/hour
3 LJj
'11,7
10. Projected (based on NWB contract) 9-1-1 recurring charges
for 3 trunks, ALT and ANT, printer and modems
11. Projected recurring charges on 3 seven digit emergency
back-up numbers (866-3333,4,5) for 1983(We currently have
four numbers, but plan on dropping at least one soon after
9-1-1 proves operational)
12. Projected recurring charges on six non-emergency lines for
1983 (866-5061,2,3,4,5,6)
13. Projected recurring charges on two non-published out only
dispatch phone lines (866-7619 and 869-9370) for 1983
14. Projected maintenance charges on consoles and base stations
for 1983 based on time and materials (estimate based on
1982 experience to date)
15. Projected maintenance agreement charges for Dictaphone 4000
master recorder and 2 "Call check" recorders for '83
16. Projected recurring charges for maintenance agreement on
2 Simplex time clocks and 2 Simplex numbering machines
for 1983
$12,741.00
2,268.00
4,536.00
1,512.00
1,500.00
900.00
190.00
GRAND TOTAL RECURRING COSTS $130,294.34
The above figures reflect the projected total 1983 costs for running the
existing Richfield (only) Emergency Communications system based on an average
of slightly more than one operator on duty per shift 365 days a year. In reality,
the mechanics of the scheduling process allow for the assignment of two full
time dispatchers during peak periods on Friday and Saturday nights from 2300-
0200 hours and training requirements mean CSO's spend somewhat more than the
1,336 shift hours while full time dispatchers are in training.
Assuming the merger between the two Departments, there would be an addition to
the above figure for data processing costs. In the above calculations, none of
Richfield's data processing costs are included because none of the unique Richfield
applications would be shared. However, discussions have revealed that Eden Prairie
would be interested in obtaining base level data processing support consisting of
the generation and entering on a daily basis of Initial Complaint Cards for each
call for service from the public as well as Patrol Generated Incident Cards for
all significant patrol generated activity. Also, one time entry and subsequent
as needed update of computerized "Storecards" (business key holder and response
information for police and fire calls) would also be desirable. Finally, monthly
data reports generated from ICR's and Patrol Generated cards would be desirable.
Based on these assumptions, the incremental costs for providing these features to
Eden Prairie would he as follows:
ICR unit cost: SC per record for generation and
entry. Each ICR accounts for 1.1
records in computer on average and
we project 1,000 cards per month for
1,100 records A 5c x 12 months S660.00
a26/g
$720.00 Patrol Generated Cards Unit Cost: 5t per card
for generation and entry. Each card represents
1 record. Estimate 1,200 per month x 5t x 12
"Storecards": Original entry of 800 businesses
by Aides taking an estimated 32 hours at
$5.70/hour for the Aide and $7.00 for computer
time. Each of the 800 businesses accounts for
3 records for a total of 2400 records on disk.
32 hrs x $5.70=
32 hrs x 7.00=
Disk storage of 2400 records at .005/record/mo
Monthly report generation @ average of $200.00
(*) Non-recurring one time charges.
Total DP recurring:
182.40(*)
224.00(*)
144.00
2,400.00
$3,264.00
TOTAL COSTS SUMMARY:
SHARED RECURRING
$125,758.34
EPPSD RICHFIELD ONLY RECURRING EP ONLY RECURRING NON-RECURRIN
$4,536.00(**) $3,264.00 $406.40
(**) Richfield's six non-emergency phone lines
COST SHARING FORMULA:
A generally agreed upon cost sharing formula for services such as those that are herein
proposed is based on population and assessed valuation of the communities inv
o
l
v
e
d
.
S
o
m
e
argue in favor of basing cost sharing on system usage or system access but neither of these is accurately predictable and create problems in developing budget fi
g
u
r
e
s
i
n
t
h
e
municipal budgeting process. They also tend to encourage minimizing system usage so as to keep costs down, which is counterproductive to the purposes of a communications system. Therefore, it is being proposed that we examine a cost sharing formula that is
based in part on population and, in part, on assessed valuation of the two cities.
One of the more common mechanism of computing this formula is to arrive
a
t
a
t
o
t
a
l
p
o
t
of costs to be ;hared, dividing that pot into two halve; and then applying
o
n
e
o
f
t
h
e
%halves to d factor representing each communities proportion of the total population of
(
)the two cities and applying to the other half a factor represent imp each conmiunities
proportion of the total assessed valuation of the two comimulities.
A sample of this system would go as follows:
CITY B
TOTAL
Population: 25,000
Percentage: 36%
Valuation: 175,000,000
Percentage: 41%
COSTS TO BE SHARED: $150,000.00
250,000,000 425,000,000
59% 100%
150,000 2 - 75,000
45,000
70,000
64%
100%
POPULATION HALF:
CITY A: 75,000 x .36 = $27,000
CITY 8: 75,000 x .64 = 48,000
VALUATION HALF
75,000 x .41= $30,750
75,000 x .59= 44,250
TOTAL: 75,000
TOTAL
$57,750
$92,250
$150,000 TOTAL: 75,000
Now that the mechanics of the cost sharing formula are understood, one must determine what
costs are to be shared and to what extent.
We have seen that without Eden Prairie, Richfield's projected costs for running its Emergency
Communications system in 1983 will be about $130,295. Obviously, not all aspects of the
services that add up to this amount will be mechanically available to Eden Prairie. For ex-
ample, Richfield cannot handle Eden Prairie's walk up tri7711. We probably mould not answer
the EP non-emergency phone lines (except after 2400 hrs); enter EP's stolen articles; assist
Eden Prairie clerical and record keeping functions and a number of the other X factor items
that Dispatchers do because they are in the building and nobody else is. As a result of this,
it would not seem appropriate to have Eden Prairie share equally in the total costs of operatinc
the communications center. How much of this total that should not be shared is subject to
great conjecture because no method exists to assess exactly what portion of a dispatcher's
time is spent doing things for Richfield that could not be done for Eden Prairie. For sake of
discussion, we propose that an arbitrary figure of 30% of communications services be deemed
not generally available to Eden Praire for mechanical and operational reasons. Consequently,
this leaves 70 of the total cost available to be shared by the two communities.
Carrying this process out another step, we see from the preceding page that some
of the costs are deemed to be subject to sharing, some are Richfield exclusive, some are
Eden Prairie exclusive and some are Eden Prairie one time data entry costs. This breaks
down as follows:
SUBJECT TO SHARING: '125,758.34
EP TOTALLY PAYS : 3,264.00 (Recurring)
EP TOTALLY PAYS : 406.40 (Non-recurring)
By applying the preceding figures to the e
a
r
l
i
e
r
d
i
s
c
u
s
s
e
d
c
o
s
t
s
h
a
r
i
n
g
f
o
r
m
u
l
a
as well as the arbitrary 70% figure previo
u
s
l
y
c
o
v
e
r
e
d
,
w
e
s
e
e
t
h
e
f
o
l
l
o
w
i
n
g
:
(The following Population and assessed val
u
a
t
i
o
n
f
i
g
u
r
e
s
w
e
r
e
o
b
t
a
i
n
e
d
i
n
t
h
e
fall of 1981 and are subject to modificati
o
n
a
s
f
u
r
t
h
e
r
i
n
f
o
r
m
a
t
i
o
n
i
s
d
e
v
e
l
o
p
e
d
)
RICHFIELD
Population: 37,851
Pop. Percent: 68%
Valuation: $201,479,358
Val. Percent: 50%
EDEN PRAIRIE
Population: 18,000
Pop.Percent: 32%
Valuation : $201,000,000
Val. Percent: 50%
TOTAL
Population: 55,851
100%
Valuation :$402,479,35E
100%
SUBJECT TO SHARING: $125,758.34 x .70 (70%) -$88,030.84
APPLICATION OF FORMULA: 88,030.84 _ $44,015.42 2
POPULATION HALF VALUATION HALF TOTAL
Richfield: $44,015.42 x .68=$ 29,930.49
+
$44,015.42 x .50= $22.007.71 =$51,938.20
II/Eden Praire:544,015.42 x .324 14,084.93 + TOTALS: $ 44,015.42
+
$44,015.42 x .50= $22,007.71 = 36,092.64
$44.015.42 =$88,030.84
Eden Prairie's derived Share = $36,092.64 p
e
r
y
e
a
r
f
o
r
1
9
8
3
Eden Prairie's exclusive share= 3,264.00
p
e
r
y
e
a
r
f
o
r
1
9
8
3
GRAND TOTAL EDEN PRAIRIE
RECURRING COST FOR 1983: $39,356.64
In conclusion, one can see that a large a
m
o
u
n
t
o
f
j
u
d
g
e
m
e
n
t
h
a
s
b
e
e
n
a
p
p
l
i
e
d
t
o
t
h
e
development of this proposed cost sharing
b
a
s
i
s
.
I
t
m
u
s
t
b
e
r
e
m
e
m
b
e
r
e
d
t
h
a
t
t
h
e
s
e
c
o
s
t
s
account for a continuation of the service
s
a
v
a
i
l
a
b
l
e
n
o
w
a
t
R
i
c
h
f
i
e
l
d
w
i
t
h
o
u
t
a
n
y
added personnel costs whatsoever. If this manning level proves i
n
a
d
e
q
u
a
t
e
a
t
a
n
y
t
i
m
e
during 1983, the User's Board will have t
o
c
o
n
s
i
d
e
r
i
n
c
r
e
a
s
i
n
g
m
a
n
p
o
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e
r
i
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i
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r
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part-time or full -time categories or both and the increased
c
n
s
t
s
f
o
r
t
h
i
s
i
n
c
r
e
a
s
e
would have to be shared as well. Regardin
g
t
h
e
j
u
d
g
e
m
e
n
t
a
p
p
l
i
e
d
t
o
d
e
t
e
r
m
i
n
i
n
g
t
h
e
70 portion of the total costs subject to
s
h
a
r
i
n
g
,
this is subject to discussion. The component parts of the total are also subject t
o
d
i
s
c
u
s
s
i
o
n
a
s
i
s
t
h
e
m
e
t
h
o
d
,
r
i
m
i
n
g
and frequency of payment.
Please review this proposal thoroughly and the
C
i
t
y
i
f
R
i
c
h
f
i
e
l
d
s
t
a
n
d
s
r
e
a
d
y
t
o
) discuss dny Ind all aspects with the City of
E
d
e
n
P
r
a
i
r
i
o
.
/1,f-4/1
JOINT POWERS AGREEMENT
WHEREAS, the City of Richfield, Hennepin County, Minnesota. herein after re-
ferred to as Richfield, does operate a complete Public Safety (Police, Fire and
Emergency Medical Service) emergency and administrative dispatching and communications
System consisting of various radio frequencies assigned and licensed by the Federal
Communications Commission and support services and equipment, AND;
WHEREAS, the City of Eden Prairie, Hennepin County, Minnesota, hereinafter referred
to as Eden Prairie, does not operate such a communications and dispatching system,
AND;
WHEREAS, the Cities of Richfield and Eden Prairie desire to jointly fund, manage
and operates such a Public Safety dispatching and communications system, hereinafter
referred to as the system, AND;
WHEREAS, the Cities of Richfield and Eden Prairie agree that the funding of said
system shall be on the following basis:.
1. Total Costs of system operation are to be projected for a calendar
year not later than June 1st of the preceding year.
2. Total Costs shall consist of:
A. Direct and indirect labor costs for all Richfield Public
Safety Dispatchers.
R. Per hour direct labor costs for all part-tiar Coornunity
Service Officers and Communicattuns Aides for all time spent
primarily assigned to the system operations.
C. 9- 1-1 emergency telephone system recurring costs as b ii led
to Richfield by Northwmtern Dell telephone company.
D. Recurring charges for any leased phone circuits used to
control or recieve intolligenae from any remotely located
base radios or transmitters as hilled to Richfield by
Northwestern Bell.
E. Actual pointenanci or ketvi ,A! agreement costs en-
25 a3
all equipment related to the functioning of the
Communications Center and system.
F. Recurring charges for seven digit back up emergency phone
lines not to exceed four lines as billed to Richfield
by Northwestern Bell.
G. Recurring charges for business lines not to exceed three
necessary to provide non-published outbound phone service
from each dispatch position and as a termination point, for
rerouted misplaced 9-1-1 calls that will terminate on a
recorded message advising the caller of the proper admin-
istrative number.
H. Other charges as agreed upon in advance by the User's
Management committee.
3. After development of Total Costs for system operation for the up-
coming year, this figure shall be multiplied by a factor that rep-
resents the percentage of the Total Costs that shall be subject to
sharing by the two cities. This resulting figure shall be referred
to as Costs to be Shared. For the calendar year 1983, this factor
shall be .70 (70%).
4. For calendar years after 1983, the percentage figure of Total Costs
representing Costs to be Shared shall be agreed upon by the User's
Management Committee not later than June 1st of the year preceding
the calendar year in question.
5. The Costs to be Shared shall then be divided into two equal halves.
The first half shall be apportioned to each city on the basis of
Metropolitan Council projected population estimates for the upcoming
year. The second half of the Costs to be Shared shall be apportioned
to each city on the basis of actual assessed valuations for each
city for the calendar year preceding the calendar year for which
funding is being determined. This process shall involve totalling
the projected population of the two cities, determining each city's
share of the total polulation and then applying that proportion
figure to the half of the Costs to be Shared to arrive at the portion
to be paid by each city based upon population. Similarly, the total
of the assessed valuations as determined by the Hennepin County
Director of Property Taxation for both cities shall be proportioneo
to each city on the basis of that city's share of the total and this
percentage shall be applied to the other half of Costs to be Shared to arrive at the amount to be paid by each city for that half based
on assessed valuation.
6. In addition to Eden Prairie's portion of Costs to be Shared, recurring charges and start up costs as required to create, enter, compile,
print and distribute computerized records for Calls for Service.
Patrol Generated incidents, Business keyholders files, and other data
processing applicatioos as billed by the Richfield Data Processing section shall be billed to Lden Prairie.
WHEREAS, the City of Richfield recognizes that the City of Eden Prairif'‘ wi
l
l
be bearing substantial nnn-recurring capital costs foi equipment modificat
i
o
n
s
,
and that Eden rrairie 0111 be responsible for all moiliiicatioir, n ,sJ .sary to
.?5'aq
to the current Richfield system, the Cities agree that:
1. For calendar year 1983, Eden Prairie will pay Richfield
$30,500.00 notwithstanding the previously discussed cost
sharing formula.
2. Payment of the 1983 share totalling $30,500.00 shall he as follows:
A. $5,725.00 on or before January 1, 1983
B. 5,725.00 on or before April 1, 1983
C. 5,725.00 on or before July I, 1983
D. 5,725.00 on or before October 1, 1983
E. $10,000.00 on or before January 31, 1984.
WHEREAS, this agreement is intended to be in force and effect for many years,
the following payment plan shall apply to all calendar years following 1983:
* 25% of Eden Prairie's portion of Costs to Be Shared
due and payable to Richfield shall be submitted on
or before March 31st of each year; 25'1 on or before
June 30th of each year; 251 on or before September 30th
of each year and the final 25. on or before December
31st of each year.
41 WHEREAS, it will be necessary to complete certain technical modifications to the
Richfield system currently in place in order to serve Eden Prairie, it is agreed
that Eden Prairie will pay for all costs associated with such modifications to
base stations, consoles, receiver networks, pagers, mobile and portable radios
owned or leased by Eden Prairie and pagers owned by Richfield. It is further agreed
that such modifications shall be in compliance with engineering requirements established
by consulting engineer Ward M. Montgomery and that all costs related to the development
of these engineering requirements shall be borne by Eden Prairie. It is also agreed
that Richfield staff shall serve as the project director for the ordering, receipt,
installation and testing of all sucj equipment aid/or labor. Ownership of any items
of equipment acquired in this process shall revevt to Richfield with the exceptions
of:
1. Modifications to [den l'irip pagers, mobiles or port-
able radius.
2. Police and fire satellite receivers and associated
equipment located in ti e ' City ol Eden Pvairiv.
3, Enuipuent placed in in mnditied at the [den V,airie
-3- a5g:
Public Safety facility.
WHEREAS, the City of Richfield holds and operates FCC radio license
s
o
n
s
t
a
t
i
o
n
KAH422 in the Police Services, K0Q307 in the fire service and KAJ764
a
n
d
W
B
G
4
1
in the Local Government service, it is agreed that Richfield shall r
e
t
a
i
n
t
h
e
exclusive authority and responsibility over these licenses for th
e
m
u
t
u
a
l
b
e
n
e
f
i
t
of both cities and that the City of Richfield shall retain ownership
a
n
d
o
p
e
r
a
t
i
n
g
rights on thses licenses in the event of a termination of this agr
e
e
m
e
n
t
.
WHEREAS, the City of Richfield employs certain Dispatchers, Commun
i
t
y
S
e
r
v
i
c
e
O
f
f
i
c
e
r
s
and Communicatiins Aides and other staff for the purposes of condu
c
t
i
n
g
t
h
e
r
a
d
i
o
communications task, said employees shall continue as Richfield e
m
p
l
o
y
e
e
s
s
u
b
j
e
c
t
to the various Richfield ordinances, labor agreements and rules an
d
r
e
g
u
l
a
t
i
o
n
s
governing their employment and that they shall continue to serve u
n
d
e
r
t
h
e
c
o
m
m
e
n
d
of the Richfield Director of Public Safety and/or his designee purs
u
a
n
t
t
o
g
u
i
d
a
n
c
e
and direction of the User's Management Committee. Furthermore, whe
r
e
a
s
t
h
e
m
a
n
a
g
e
r
of the merged system and the operators of the system shall be Richfield e
m
p
l
o
y
e
e
s
,
the City of Richfield shall retain exclusive liability for the actio
n
s
o
f
i
t
s
employees performed in the line of duty arising out of training for
a
n
d
/
o
r
o
p
e
r
a
t
i
o
n
of the system and shall hold Eden Prairie harmless for any damages arising out of
system operations.
WHEREAS, the cities jointly agree that the merged system shall he jointly managed
on an equal ban. in., a Pub in Safety CommuniLations User's Management Connittee is
hereby established and shall be hereinafter referred to is the Management
C
o
m
m
i
t
t
e
e
.
this committee shall have a membership as el lows
'Richfield City Manager
'Eden Prairie City Manager
'Richfield Pghli.: Safety Director
'Wen Prairie ['milk'. Safety Director
51/
The duties and responsibilites of the Management Committee shall be broad and
general and shall include but are not limited to:
1. Broad policy development as it relates to services to be
performed and the manner in which they are to be performed.
2. Oversight of general system operations and performance.
3. Decisions relating to major equipment additions or modifications.
4. Development of Total Costs and Costs to be Shared budgets for
system funding and submission to the city councils as required
for adoption into the respective operating budgets for the
cities.
5. Final authority on all matters relating to management and operation
of the system that do not achieve consensus agreement at the
sub-committee level, of any subcommittee that the Committee shall create.
The Management Committee shall meet at least annually, not later than the third
week in May of each year to review system operations, prepare budgets, apply cost
sharing formulae, and review this agreement for any areas needing change. This
agreement cannot be changed without express approval by the two City Councils.
WHEREAS, this agreement shall be in force upon its proper signing and notarizing
by authorized officials from both cities, and it is projected that the operations
of the system shall commence not later than December 31, 1982 or as soon as the
9-1-1 emergency telephone system is operational and in use in the Eden Prairie
and Richfield areas, it is agreed that this agreement shall remain in effect
and be self renewing annually without specific action being required of either
city council. Should termination of this agreement be desired by either City,
such notification of intent to teminate must be submitted in writing to the
City Manager of the other city not less than 210 days before the end of a calendar
year for which the agreement is in effect. In the event that modifications to this
agreement are necessary, they must be proposed to and/or by the Management Conmottec
and submitted to each city council for their affirmative action before tiny sPa II
_ 1),-1 -"1
ctk00%
be in effect.
CITY MANAGER, CARL JULIE
Date
ATTEST:
Attachments: Coun, reqoluCiun ,.; from Richfield ond Protrio
k5;Z1
THEREFORE, be it resolved that the City Councls of Richfield and Eden Prairie
do hereby agree to operate this joint Public Safety Communications System under
the conditions set forth herein. The affixing of the required signatures hereunder
and the attachment of a certified resolution from both city councils to this
document shall place this agreement in effect.
FOR THE CITY OF RICHFIELD:
MAYOR, JOHN HAMILTON
Date
CITY MANAGER, KARL NOLLENBERGER
Date
FOR THE CITY OF EDEN PRAIRIE:
MAYOR, WOLFGANG PENZEL
Date
September 29, 1986
TO: MAYOR AND CITY COUNCIL MEMBERS
THRU: CARL JULLIE, CITY MANAGER
FROM: KEITH WALL, PUBLIC SAFETY DIRECTOR
SUBJECT: CIVIL DEFENSE SIREN SYSTEM
The city currently has seven outdoor warning sirens in place. They are
located at:
Holly Road and Baker Road
County Road 4 and Edenwood Drive
Red Rock Road, 600 feet south of Oak Drive
Anderson Lakes Parkway and Preserve Boulevard
Duck Lake Trail and Ticonderoga Trail
Franlo Road and County Road 1
Dell Road and County Road 1
These existing sirens are mechanical sirens. The eighth siren is currently
being installed in Staring Lake Park next to the Cummins Grill house. This
siren is an electronic siren which should afford us less maintenance than the
mechanical sirens. We will also have the capability of making voice announ-
cements over this siren by use of an amplifier built into the siren. This
could prove to be most helpful in the event of a disaster which may require
Specific instructions to be given to the general public.
With the installation of this siren, the vast majority of the populated areas
of Eden Prairie will be covered by this overlaping system. Future sirens
would be placed in commercial areas or areas determined by future
development.
Radio activation equipment has been installed on all sirens. This equipment
works much the same as a telephone pager system. The sirens are activated by
radio signal and monitored by Hennepin County Sheriff's Radio. With the
installation of this equipment, we are able to continuously monitor the siren
for problems such as power failures and whether or not the siren activated
for tests.
Sirens are activated by Hennepin County Sheriff's dispatchers upon advice of
the National Weather Service (NAWAS). All sirens in the 7 county metro area
can be activated at once, by county, by a group of cities, by city or by
individual siren. (The Public Safety Department has authority to activate
our sirens).
We will continue to be in contact with Hennepin County Emergency Preparedness
in an attempt to be aware of the availability of Federal Funds (matching) for
future sirens.
1
TO:
Carl Jullie
FROM:
Gene Dietz
DATE:
October 1, 1986
RE: City Engineer Position
You requested additional clarification on the requested staff addition of a
City Engineer. Attached is a summary sheet that indicates the staffing level
changes that have occurred during the 5 years that I have been the Director of
Public Works/City Engineer as well as some of the other miscellaneous
statistics during that time frame. During that time period, we have
instituted a grading permit procedure, the activity level for new plats and
projects has nearly doubled and we have been adding approximately 15 miles of
streets per year (although not mentioned, a corresponding increase in sanitary
sewer and water main has been experienced).
The balance of the attachment lists those project that are in some form of
planning, design or construction at this time. We are "wrapping up" a number
of projects that are not listed, but these projects will be ongoing in 1987.
Such projects as Anderson Lakes Parkway, Chestnut Drive and Preserve Boulevard
should be substantially completed this construction season.
Due to the ever increasing number of developments in Eden Prairie, we have
changed the work effort in the Engineering Division and have reduced the
number of design projects that are done by City Staff. However, you will note
that we have increased the number of consulting firms we are utilizing to 4 at
this time, with a project load of 11. While the majority of this work is done
by the consultants, the administration of the contracts for both the
consultants and the contractors are still performed by the Engineering Staff
and is time consuming.
The other projects that are listed on the attachment show those improvements
being implemented by other agencies - - Hennepin County, MnDOT, MWCC and the
Watershed District. Again, these projects are being designed and implemented
by others, but the planning decisions and coordination involve a significant
amount of time being spent by myself and the Engineering Staff.
The direct result of this increased development and construction activity in
Eden Prairie is that the Public Works Department is becoming a reactive
department. While my primary function is to administor the operation of the
entire public works department, over 30% of my time is spent as the City
Engineer and supervising the 11 people in the Engineering Division. The short
term and long range planning for the department has necessarily been given the
lowest priority in an attempt to deal with the daily problems that come into
the Engineering Division. We have competent supervisors in the operating
divisions, but a great deal more attention is necessary in devising work and
maintenance priorities in the street division, equipment maintenance and sewer
divisions. Many of our procedures and practices should be modified to make
more effective use of our personnel, equipment and materials budget.
With the personnel increases for 1987 and the apparent committment by the City
Council to add staff as necessary, I believe that we have the resources
Page 2, City Engineer Position
available to accomplish our tasks. However, the supervisory time that I am
• able to provide the entire department is stretched to the limit in the area of
engineering.
Because there does not appear to be a downward development trend in Eden
• Prairie, my goal is to hire an experienced engineer that within .a short period
of time can assume the City Engineer duties effectively. Frankly, hiring an
inexperienced engineer into this position would not resolve the problem, since
the training and the expectant "short cutting" by developers and engineers
would create an increased burden on my time. This concept leads directly into
the salary that has been budgeted for the position - - $404000.- This figure
is :for• budget purposes only and I would expect that it would fluctuate
depending on the candidates that may be available for the position.
The Stanton survey lists the mean salary•of the City Engineers •i .Lthe suburban
area as $41,600 per year. I believe a range of $40-45,000 per year :would
attract a number of qualified candidates for the position. At present, the
Assistant City Engineer has a salary of $39,000. Even a modest :increase-for
1987 places his salary at $40,000. Because of the exciting nature of the work
in Eden Prairie, we will not have to pay a premium to attract applicants, but
It will be necessary to fit that person into a proper pay rangewithin the
existing salary structure.
CAO:sg
1. Baker Road
1. TH 5
2. Townline Road
2. TN 169
3. Crosstown
4. CSAH 4 @ TH 5
PUBLIC WORKS DEPARTMENT
MISCELLANEOUS STATISTICS
1981
1986
Staffing Level
34
44 (50 in 1987)
Plats
30+
50+
Grading Permits
0
50+
Street Mileage
122
197
•CITY STAFF PROJECTS (DESIGNS)
Homeward Hills Road
2: 2 Sewer Projects on Baker Road
3. Crestwood Terrace Paving
4. Award Lime Sludge Removal
5. Annual Seal Coating
COUNTY PROJECTS
STATE PROJECTS
OTHER PROJECTS
1. Chain of Lakes
2. Red Rock Interceptor
CONSULTANT PROJECT LISTING LI FIRMS - TOTAL COST $16,000,000+)
1. Valley View Road
2. Technology Drive
3. Bluffs West Drainage
4. Water Plant, Wells, Etc.
5. Hidden Glen North
6. Golden Triangle Drive
7. Bluff Country East
8. Wyndham Knoll
9. Riverview Road
10. Bennett/Blossom Road*
11. Prairie View Drive*
* Feasibility only - others under design or construction.
MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl J. Jullie, City Manager
FROM: Roger A. Pauly, City Attorney
SUBJECT: Ordinance Requiring Filing of Financial Statements by
Candidates and Committees
DATE: October 1, 1986
At the last meeting of the Council, I was requested to pro-
vide suggestions and alternatives which might be adopted to
regulate campaign financing and reporting. Because of the
relatively short time to the next election, there was and is
some question as to the ability to consider these alternatives
and to take action within a time frame which would make any such
action effective as to the forthcoming election. Since that
meeting, however, there have been expressions of concern by
members of the Council relative to this subject. Accordingly,
please find enclosed a draft of an ordinance which would
incorporate the reporting provisions presently contained in
Minnesota Statutes Section 210A.26, Subd. 2 - 4, as well as
the definitions contained in Minnesota Statutes Section 210A.01.
A copy of those sections is also enclosed.
As you know, the Attorney General has ruled that the
enclosed sections of state law are not applicable to Eden
Prairie since it had fewer than 20,000 residents at the time
of the decennial federal census taken in 1980. The opinion,
ge5e5
however, suggested that the City could adopt ordinances regulating
the financing and reporting of City elections, subject to consti-
tutional limitations. My first attempt at drafting was to
incorporate the provisions adopted by reference in an ordinance
but at the same time making certain changes in an attempt to
clarify the language and what appear to be some problems inherent
in the state statute. After making this attempt, I decided that
since candidates for City election and their committees will be
governed by state statute in the future, perhaps the simplest
option is to adopt those statutory provisions. Having done so
in this draft, I call to your attention certain problems and
inconsistencies inherent in those statutes, as well as other
alternatives.
1. M.S. §210A.26, Subd. 4, states that financial statements
must be filed seven days after the regular or special election.
That subdivision goes on to state that no transactions shall be
made thereafter which are not included in the final statement.
Does this mean that all bills must be paid within seven days of
the election and reported in the statement filed at that time?
Apparently that is what it means.
2. M.S. §210A.26 currently requires the reporting of the
amount and name of each source of campaign contributions regard-
less of the amount of the contribution. Grace Haukos of the
Minnesota Secretary of State's office advises that a committee
which has studied state election laws is recommending adoption
of amendments to those laws, which would not require the reporting
-2-
RAP:cw
-3-
1
of names of contributors of smaller amounts. At this time I do
not know what that amount is.
3. I have incorporated the provisions of M.S. §210A.32, a
copy of which is enclosed, into the ordinance. This provides,
in effect, that there is no violation for failure to comply with
the filing provisions unless and until notice has been received
from the City Clerk and the failure to file continues for a
period of ten days after mailing of the notice. This is obviously
.designed to protect against inadvertent failure to timely . file.
4. M.S. S210A.26, Subd. 3, requires the filing of statements
• by "political committees." While a political committee is defined
in §210A.01, it is not clear what member or official of a political
committee has the obligation of filing. Perhaps it applies to
• anyone who has made a contribution to such a committee. This is
one of the unanswered questions arising out of the language of .
the state statute.
5. One additional alternative not addressed in the state
statute or the proposed ordinance is a limitation upon campaign
contributions. State statutes do not presently contain such
limitations, although the United States Supreme Court indicated
that certain limitations may be imposed on contributions to a
candidate, but limitations may not be imposed upon expenditures
of a candidate.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 2 BY ADDING SECTION 2.88, ADOPTING BY REFERENCE
CERTAIN PROVISIONS OF MINNESOTA STATUTES RELATING TO THE FILING
OF FINANCIAL STATEMENTS IN CONNECTION WITH CERTAIN ELECTIONS, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Eden Prairie City Code Chapter 2 is amended by
adding Sec. 2.88 thereto, as follows:
SEC. 2.88. MINNESOTA STATUTES SECTIONS 210A.01 AND 210A.26,
Subd. 2 - 4, ADOPTED BY REFERENCE.
Subd. 1. The provisions of Minnesota Statutes Sections
210A.01 and 210A.26, Subd. 2 - 4, are hereby incorporated herein
and adopted by reference and shall be applicable as if the City
has more than 20,000 inhabitants.
Subd. 2. Forms for the financial statements, together
with a copy of this Section, shall be furnished by the City Clerk
to the secretary of every committee and to every candidate upon
the filing by the candidate for election to a city office and to
all other persons required to file statements who may apply
therefor.
Subd. 3. The City Clerk with whom the financial statement
of any candidate for public office or committee is required to be
filed by the provisions of this Section, shall notify such candi-
date or committee of the failure to comply with this Section,
immediately upon the expiration of the time fixed for filing of
the same, and if the provisions of this Section shall not be
an 3 ‘,
PUBLISHED in the Eden Prairie News on the
, 1986.
-2-
25'7
complied with within ten days after the mailing of such notice,
such candidate or the officer or member of the committee required
by law to file such statement shall be guilty of a misdemeanor.
Any failure to comply with the provisions of this Section prior
to such notice and expiration of such ten days shall not consti-
tute a violation of this Section.
Section 2. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 2.99 are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
Section 3. 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 day of
1986, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the
day of
ATTEST:
, 1986.
City Clerk Mayor
()NS FAIR CAMPAIGN PRACTICES
§210A.01
Now
Section.
210A.04
204A.56
204A.60
204A.34
204A.61
204A.62
• . 210A.I9
210A.29
210A.30
. 210A.31
• 210A..34
Section Section
210A.20. Making of wagers prohibited. 210A.32.
210A.21. Certain solicitations prohibited.
210A.22. Repealed. 210A.33.
210A.23. May authorize disbursements by 210A.34.
campaign committee.
210A.24. Bills, when rendered and paid.
210A.25. Disbursements by candidate. 210A.35.
210A.26. Must file verified statement of ex- 2I0A.36.
penditures. 210A.37.
2I0A.27. Statement of expense, blanks; digest
of laws. 210A.38.
210A.28. Names of candidates shall not he
printed on ballot unless statement 210A.39.
is filed.
210A.29. Filing statements by treasurer; pen- 2101,40.
alty. 210A.41.
210A.30. Failure of treasurer to keep ac- 210A.42.
counts; penalty. 210A.43.
210A.31. Failure by candidate to file state-
ment; penalty. 210A.44.
Filing officers shall notify candidate
or committee.
Personal campaign committees.
Corporations not to contribute to po-
litical campaign; permitted activi-
ties; reports; penalties.
Aiding violation; penalty.
Prosecutions; where made.
County attorney to inquire into viola-
tions; penalties.
Violations by unauthorized person
not to forfeit nomination.
Disqualified candidate not to hold po-
sition.
Judgments; to whom transmitted.
May employ counsel.
Penalties for violation.
Denial of access by political candi-
dates to multiple unit dwellings.
Citation.
284, § 49 Laws 1981, c. 29, contained a general major revision of the election laws.
Laws 1981, c. 29, art. 7, § A, provided for various substitution of terms in
sections not amended by chapter 29. A portion of section 38 read:
(I) In chapter 210A substitute:
(1) "Major political party" for "political parties;" and
(2) "Polling place" for "polls."
210A.01. Definitions
Subdivision 1. The words used in sections 210A.01 to 210A.44 have the meanings
prescribed to them in chapter 200; and the words defined in this section are applicable for
the purpose of construing sections 210A.01 to 2I0A.44.
Subd. 2. Any act shall be deemed to have been for "political purposes" when the act is
of a nature, is done with the intent, or is done in such way, as to influence or tend to
influence, directly or indirectly, voting at any primary or election or on account of any
person having voted, or refrained from voting, or being about to vote or refrain from
voting at any election or primary.
Subd. 3. "Candidate" means any individual for whom it is contemplated or desired
that votes may be cast at any primary or election, and who either tacitly or expressly
consents to be so considered, except candidates for president and vice president of the
United States. In sections 210A.22 to 210A.28, 210A.32 and 210A.33, "candidate" does
not mean an individual for whom it is contemplated or desired that votes may be cast at
any primary or election, and who either tacitly or expressly consents to be considered for
constitutional office, member of the legislature, justice of the supreme court, court of
appeals, or district court, county court, probate court, or county municipal court judge.
Subd. 4. "Disbursements" means every act by or through which any money, property,
office, or position or other thing of value passes or is directly or indirectly conveyed,
given, promised, paid, expended, pledged, contributed, or lent, and also any money,
property, office, or position or other thing of value so given, provided, paid, expended,
promised, pledged, contributed, or lent.
Subd. 5. "Filing office", when used with reference to any candidate, shall be con-
strued to mean the officer who is authorized by law to issue a certificate of nomination or
election to such candidate if lie be successful. If there be no officer authorized to issue
such certificate of nomination or election, then such term shall be construed to mean the
clerk of the town or city in which such candidate resides.
es prohib.
npaigning
at polling
to polling
es.
1011 privi-
ents.
ly; penal-
167
§ 210A.01 FAIR CAMPAIGN PRACTICES
Subd. 6. "Personal campaign committee" means any committee appointed by a candi-
date for any election.
Subd. 7. "Party committee" means any committee appointed or elected to represent
any major political party with a party organization in this state.
Subd. 8. Every two or more persons elected or appointed by any major political party
or association for the purpose, wholly or partly, of raising, collecting, or disbursing
money, or directing the raising, collecting or disbursing thereof, for nomination or
election purposes, andrivery two or more persons who shall cooperatejn,the raising,
collecting,or disbursing-Of gloppy used, or to be used for or against the election topublic
office of any person or any class or number of persons, or for or against the adoption of
any law, ordinance, or constitutional.gnendment, shall be deemed a "political committee"
within the meaning of sections 210A.01 to 210A.44.
Subd. 9. "Committee" means any personal campaign committee, party committee, or
political committee, unless the intent is clearly shown to be otherwise.
Laws 1975, c. 284, § 1, eff. June 3, 1975. Amended by Laws 1978, c. 463, § 105, eff. Feb. 28, 1978;
Laws 1979, c. 59, § 6; Laws 1981, c. 29, art. 7, § 38; Laws 1983, c. 247, § 92, eff. Aug. 1, 1983.
1978 Amendment. Revised subd. 3 which former-
ly read: .
-Candidate' means every person for whom it is
contemplated or desired that votes may be cast at •
any election or primary, and who either tacitly or
expressly consents to be so considered, except candi-
dates for president and vice president of the United
States. In sections 2I0A.22 to 210A.28, 2I0A.32
and 2I0A.33, 'candidate* does not mean a person for
whom it is contemplated or desired that votes may
be cast at any election or primary, and who either
tacitly or expressly consents to be so considered for
governor, state officer, state senator or membership
in the house of representatives."
1979 Amendment. Added "county court, probate
court, or county municipal court" near the end of
subd. 3.
Laws 1979, C. 59, did not contain appropriation
items or a specific effective date. See § 645.02 for
method of determining the effective date.
1983 Amendment: Laws 1983, c. 247, provided
generally for appeal of various matters to the Court
of Appeal and also provided for the manner of
election of Coon of Appeals judges. The "Court of
Appeals" was included in subd. 3.
Title of AM:
An Act relating to elections; rearranging the laws
regulating campaign practices and penalties; provid-
ing penalties; amending Minnesota Statutes 1974,
Sections 123.015; 290.09, Subdivision 2; and 290.21,
Subdivision 3; repealing Minnesota Statutes 1974,
Sections 210.01 to 210.21 and 211.01 to 211.41.
Laws 1975, C. 284.
Laws 1975, c. 284, § 50, provides: "This act is
effective on the date following its final enactment".
(Governor's approval, June 2, 1975)
Prior Law:
St.1974, 8§ 210.01, 211.01.
Laws 1974, c. 470, § 38.
Notes of Decisions
I. In general
In provision of Fair Campaign Practices Act pro-
hibiting any person or candidate from making false
claim stating or implying that candidate has support
or endorsement of any political party, or unit there-
of. language "political party, or unit thereof," means
only organizational units of parties and not any
individual member or leader; no individual member
of political party, despite his preeminence of position
in party, may be deemed unit of political party under
such statute or may by personal endorsement con,
mit party support or make party endorsement. Mat-
ter of Contest of General Election on Nov. 8, 1977,
1978, 264 N.W.2d 401.
Excerpted laudatory quotations from preeminent
members of political parties were not and could not
be endorsements of such parties and literature in
which such excerpts appeared did not violate provi-
sion of Fair Campaign Practices Act proscribing
FAIR CAMPAIGN PRI'
making of false claims statinp
didate has the support or end
cal party, or unit thereof. It
Corrupt Practices Act was
candidate for off= and to pe
210A.02. False claim
No person or candidat
such candidate is seek't
claim stating or implyini
political party, or unit a
have such support or el
Laws 1975, c. 284, § 2, elf
Prior Law:
St.1974, r. 211.081.
Laws 1965, c. 567, 91.
Library References
Election* 3l 8,
CJ.S. Elections § 331.
Notes of D.
In general I
Construction of campaM
Disclaimers II
Good faith 4
Knowledge 3
Materiality 5
Review 7
I. In general
Where city alderman can
because it was common cal
influence voters, 13,000 col
sited in one city ward and
prohibiting false Claim of
ently material, candidate's
serious and material withit
eming grounds for Manton
ter of Contest of Election
Held on Tuesday, Sept. 13
826.
Candidate who uses the
literature even though he
ment of that party known
knew that his literature
that he had party support
of Ryan, 1981, 303 NW.:
In view of candidate's
Court decision dealing wit
that an unendorsed cam
particular party and in
elections, his use of langu
implied that he was supra
fact he was not, VMS kin,
Laws 1973, C. 123, art. 5, § 7.
Laws 1959, c. 675, art. XI, § I.
Laws 1959, C. 675, art. XII, § I.
Minn.SL 1957, § 211.01.
St.Supp.1940, § 601-10(0.
Laws 1939, c. 345, pt. 10, C. 1, § I.
St.I927, § 577.
Gen.St.1923, § 577.
Gen.St.1913, § 606.
Laws 1912, Ex.Sess., c. 3, § 40.
Rev.Laws 1905, §¢ 348-358.
Laws 1895, c. 277.
Library References
Elections 4.311.
CJ.S. Elections § 324.
168
4 ..;TICES
FAIR CAMPAIGN PRACTICES
§ 210A.26
my personal
tde, services
iy manner in
or candidate
r election in
date and no
so incurred
s after such
19.
Library References
Elections 4.317.
CIS. Elections §§ 129, 356.
210A.25. Disbursements by candidate
No candidate shall make any disbursement for political purposes except under his
personal direction which for any purpose shall be considered his act, through his party
committee, or through a personal campaign committee, whose authority to act shall be
filed, as provided in sections 210A.01 to 210A.44.
Laws 1975, c. 284, § 25, eft. June 3, 1975.
Prior Law: Gen.S1.I923, § 552.
St.1974, § 211.16. Gen.St.1913, § 581.
Laws 1959, c. 675, art. XII, § 16. Laws 1912, En.Sess., c. 3. § 15.
Minn.St.1957, § 211.16.
St.Supp.1940, § 60 1-10(1 ),
Library References
Laws 1939. c. 345, pt. 10. c. I, § 16. Elections 4.317.
St.1927, § 552. C.J.S. Elections §§ 329. 356.
2I0A.26. Must file verified statement of expenditures
Subdivision 1. Statements of candidates, personal campaign committees and party
committees. Every candidate, and the secretary of every personal campaign and party
committee, shall, eight days before the prima, on or before the tenth day following the
primary, eight days before the general ele-ction, and on or before the tenth day following
the general election, file a financial statement verified by the candidate or the secretary
of the committee, as the ease may be, which shall show in itemized detail all transactions,
all disbursements, and all obligations to make disbursements, for political purposes.
Each statement, after the first, shall contain a summary of all preceding statements.
Subd. 2. Filing statements, information required. The statement of any candidate
and the statement of his personal campaign committee shall be filed with the filing officer
of such candidate. The statement of every state committee and of every congressional
committee shall be filed with the secretary of state. The statement of every party
committee for a legislative district shall be filed with the filing officer of the candidate for
senator or representative in such legislative district. The statement of every other party
committee shall be filed in the office of the county auditor of the county within which, or
for a subdivision within which, such disbursements were made. Each statement shall
give in full detail:
(a) Every sum of money and all property, and every other thing of value, received by
such candidate or committee during such period from any source whatsoever which he or
it uses or has used, or is at liberty to use for political purposes, together with the name of
every person or source from which each was received and the date when each was
received, together with the total amount received from all sources in any amount or
manner;
(h) Every promise or pledge of money, property, or other thing of value, received by
such candidate or committee during such period, the proceeds of which he uses or has
used, or is at liberty to use for political purposes, together with the names of the persons
by whom each was promised or pledged, the special purposes for which each was
promised or pledged, and the date when each was so promised or pledged, together with
the total amount promised or pledged from all sources in any amounts or manner;
(c) Every disbursement by such candidate or committee for political purposes during
such period, together with the name of every person to whom the disbursement is made,
the specific purpose for which each was made, and the date when each was made,
together with the total amount of disbursements made in any amounts or manner; and
ted, would not
one third of the
received during
cumbency, with
If such officer,
.1 not receive a
Jecessor, and in
r, $100, and no
1 in this section
11 be deductible
ie or a business
itain a specific
of this section,
See § 645.02
Jute.
o any party
:* any portion
his behalf by
rsements by
xceed in the
as provided
ailed by Laws
iilar provisions,
5. arc coded as
1AA Minn 55-7
183
1966 pp
,96710
§ 210A.26
FAIR CAMPAIGN PRACTICES
FAIR CAMPAIGN PRA ,
(d) Every obligation, expressed or implied, to make any disbursement incurred by such
candidate or committee for political purposes during such period, together with the names
of the person or persons to or with whom each such obligation has been incurred, the
specific purposes for which each was made, and the date when each was incurred,
together with the total amount of such obligations made in any amounts or manner.
Subd. 3. Statements of political committees. Statements shall also be made by any
political committee showing the total amount of receipts and disbursements, and for what
purpose such disbursements were made. Such statement shall be filed within 30 days
after any primary, municipal, or general election:
(a) When the committee is organized to support a candidate for a federal office with the
filing officer of such candidate;
(b) When the committee is organized to support a candidate for a judicial district or
county office with the auditor of the county in which such committee has its head-
quarters;
(c) When the committee is organized to support a candidate for municipal office in
municipalities having more than 20,000 population with the filing officer of the municipali-
ty.
Subd. 4. Elections in certain municipalities, statements to be filed. Every candi-
date and the secretary of every personal campaign committee in every municipal primary,
special municipal election, or regular municipal election in all municipalities having more
than 20,000 inhabitants shall file a financial statement as follows:
(a) Seven days before the primary;
(b) Seven days after the primary;
(c) Seven days before the regular or special elections; and
(d) Seven days after the regular or special election.
The statement shall be verified upon the oath of the candidate or the personal camp.tign
committee, as the case may be, and shall cover all transactions made up to and including
the third day before the filing of the statement and not accounted for and reported upon
in statements theretofore filed, except that no transactions shall be made thereafter
which are not included in the final statement The statements required by this subdivi-
sion shall disclose the same information required in subdivision 2. Each statement after
the first shall contain a summary of all preceding statements and summarize all items
theretofore reported under the provisions of this section. Blanks for all these statements
shall be prepared by the secretary of state, and copies thereof, together with a copy of
this section, shall be furnished, through the county auditor, or otherwise, as the secretary
of state may deem expedient, to the secretary of every committee and to every candidate,
upon the filing of nomination papers by the candidate, and to all other individuals
required by the charter of the municipalities or any election law applicable to the
municipality, in which any municipal primary, special municipal election, or regular
municipal election is being held or is to be held under the provisions of any municipal
charter, or applicable law, and to all other persons required by law to file statements who
may apply therefor. The provisions of section 210A.26 relating to the filing of verified
statements of expenditures shall be in addition to requirements contained in the charter of
any municipalities requiring the filing of verified statements of expenditures in connection
with any municipal primary, special municipal election, oi .egular municipal election held
or to be held under any municipal charter or applicable law. The verified statements shall
be filed with the proper filing officer of the municipality.
Subd. 5. Congressional candidates. Candidates for election to the United States
house of representatives and senate and any political committees raising funds and
making expenditures exclusively on behalf of any one of those candidates may file copies
of their federally required financial disclosures in lieu of those required by sections
210A.01 to 210A.44.
184
Subd. 6. Ballot quest
ration that makes any eel
shall file reports as reqt
required for filing financ .
the official responsible fo:
following information, co ,
filing date:
(a) The name and add
aggregate contributions o
defeat a ballot question,
or expenditure;
(b) The total amount o
ballot question; and
(c) Identification of the
ation or corporation seek
The secretary of stat.
subdivision and may do s
For the purpose of this
(1) question" rr
defined in sectionT0A.01,
voted _on_by the..v.otexa_oi
(2) A contribution or
placement on the ballot i
question.
Laws 1975, C. 284, § 26, eff.
1980, c. 607, art. 17, §§ 13, 1
1130.
Laws 1980. c. 587, art 2, a,
art. 17, both deleted "when ti
sized to support or oppos
amendment with the secretary
clause (c) of subd. 3, and else
clause (4), now (c) "or to supp
Sons in elections in such mum
chapter 587 and chapter 607
1981 Amendment. Modific
in subd. 4 in light of revision s
1981, e. 29.
Laws 1981, c. 29 did not
items or it specific effective di
method of determining the eft
1982 Amendment. Laws
directed references to the adr
act be changed to reflect rem
times appear generally throng:
Prior Lac
St.1974, § 211.20.
Laws 1974, C. 470, § 40.
Laws 1974, c. 48, 31.
210A.27. Statement of
Subdivision 1. BlankE ,
be prepared by the seen
Subd. 6. Ballot questions. Any individual, political ,committee, association or corpo-
ration that makes any contribution or expergbtxku_to promote or defeat a ballot question
shall file reports as required by this subdivision. Reports shall be filed at the times
required for filing financial statements under subdivision I. Reports shall be filed with
the official responsible for placing the question on the ballot. Each report shall show the
following information, covering the period from the last report to seven days before the
filing date:
(a) The name and address of each committee, individual, or other person to whom
aggregate contributions or expenditures in excess of $100 have been made to promote or
defeat a ballot question, together with the amount, date and purpose of the contribution
or expenditure;
(b) The total amount of contributions and expenditures made to promote or defeat a
ballot question; and
(c) Identification of the ballot question which the individual, political committee, associ-
ation or corporation seeks to promote or defeat.
The secretary of state shall prescribe the form for reports required under this
subdivision and may do so without adopting rules pursuant to chapter 19.
For the purpose of this subdivision:
(1) "Rallot question" means Ai cit.4i nnonv .or.nnzLorgeL.t:, 1n 11••..sJ3gllot qtt..nn as
d fi e in section U suneivision 23, which is placed on theta t and which ma
ne teL inuoirr 54 sot . ittnnt it: the State; an
(2) A contribution or expenditure for activities related to qualifying a —question for
placement on the ballot is a contribution or expenditure to promote or defeat the ballot
question.
Laws 1975, c. 284, § 26, eft. June 3, 1975. Amended by Laws 1930, c. 587, art. 2, (811, 12: Laws
1980, c. 607, art. 17, ((13, 14, eff. April 24, 1980: Laws 1981, C. 29, art, 7. § 27; Laws 1982, C. 424,
1130.
&ICES FAIR CAMPAIGN PRACTICES 0/0 V/ 0) § 210A.27
rred by such
:h the names
ncurred, the
as incurred,
or manner.
nade by any
ind for what
:hin 30 days
Bee with the
ml district or
as its head-
3a1 office in
e municipali-
Every Coil&
:pal primary, .
aving. More r
..npaign
n including
ported upon
e thereafter
this subdivi-
:ement after
ize all items
statements
th a copy of
he secretary
candidate,
individuals
able to the
or regular
iy municipal
.ements who
; of verified
le charter of
n connection
election held
ements shall
nited States
; funds and
.y file copies
by sections
Laws 1980, c. 587, art. 2. and Laws 1980, c. 607.
art. 17, both deleted "when the committee is orga-
nized to support or oppose any constitutional
amendment with the secretary of state" as the then
clause (C) of subd. 3, and also deleted from former
clause (d), now (c) "or to support or oppose proposi-
tions in elections in such municipalities", in addition
chapter 587 and chapter 607 added subd. 6.
1981 Amendment. Modified terms and citations
in subd. 4 in light of revision of election law by Laws
1981, c. 29.
Laws 1981. c. 29 did not contain appropriation
items or a specific effective date. See § 645.02 for
method of determining the effective date.
1982 Amendment, laws 1982, c. 424, § 130,
directed references to the administrative procedure
act be changed to reflect renumboing. The refer-
ences appear generally throughout the statute.
Prior Law:
St.1974, 1211.20.
Laws 1974, c. 470, § 40.
Laws 1974. c. 48, §
Laws 1967, c. 446, §§ 1, 2.
Laws 1963, c. 861, § 10.
Laws 1959. c. 675, art. XII, § 19.
Minn.St.1957, § 211.20.
Laws 1941, c. 51, § I.
St.Supp.1940, § 601-10(1)j.
Laws 1939. c. 345, pt. 10. c. I , 120.
St.I927, § 556.
Laws 1927, c. 75.
Gen.St.1923, 1596.
Gen.St.1913, § 585.
Laws 1912. Ex.Scas., c. 3. § 19.
Library References
Elections d=t317.
CIS. Elections §8329, 356.
United States Supreme Court
Disclosure of campaign expense by minor party.
Brown v. Socialist Workers '74 Campaign Commit-
tee, 1982, 103 S.C. 416, 459 U.S. 87, 74 LEd.2d
250.
210A.27. Statement of expense, blanks; digest of laws
Subdivision 1. Blanks for all statements required by sections 210A.01 to 210A.44 shall
be prepared by the secretary of state and copies thereof shall be furnished through the
185
§ 2I0A.31 FAIR CAMPAIGN PRACTICES FAIR CAMPAIGN PftA
Library References
Elections ee317.
C.J.S. Elections §§ 329, 356,
210A.32. Filing officers shall notify candidate or committee • The officer with whom the expense account of any candidate for public office or
conunittee is required to be filed by the provisions of sections 210A.01 to 210A.44, shall
notify such candidate or committee of the failure to comply with such law, immediately
upon the expiration of the time fixed by any law of this state for filing of the same, and
shall notify the county attorney of the county where such candidate resides or in which
the headquarters of the committee is located, of the fact of the failure to file such
expense account and the county attorney shall thereupon notify such candidate or the
secretary of the committee of such delinquency and if the provisions of sections 210A.01
to 2I0A.44 shall not be complied with within ten days after the mailing of such notice, the
county attorney shall thereupon prosecute such candidate or the officer of the committee
required by law to file such statement.
Laws 1975, c. 284, § 32, eff. June 3, 1975.
Prior Law:
St.1974, I 211.32.
Laws 1959, e. 675, art. XII, § 32.
Minn,St.1957, 421132.
St.Supp.1940, § 601-10(1)rr.
Laws 1939, c. 345, pt. 10. c. 1, § 32.
St.1927, 4568.
210A.33. Personal campaign committees
Any candidate may select a single personal campaign committee to consist of one or
more persons. Before any personal campaign committee shall make any disbursement in
behalf of any candidate, or shall incur any obligation, expressed or implied, to make any
' disbursement in his behalf, such candidate shall file with the filing officer of such
candidate a written statement signed by such candidate, setting forth that such personal
campaign committee has been appointed and giving the name and address of each
member thereof and of the secretary thereof. If the campaign committee consists of only
one person, such person shall be deemed the secretary thereof. Any candidate may
revoke the selection of any member of such personal campaign committee by a revocation
in writing which, with proof of personal service on the member whose selection is so
revoked, shall be filed with the filing officer of such candidate. Such candidate may fill
the vacancy thus created in the manner in which an original appointment is made. In civil
actions and proceedings brought under sections 210A.01 to 210A.44, the acts of every
member of such personal campaign committee shall be presumed to be with the knowl-
edge and approval of the candidate until it has been clearly proved that the candidate did
not have knowledge of and approve the same, and that, in the exercise of reasonable care
and diligence, he could not have had knowledge of and opportunity to disapprove the
same.
Laws 1975, c. 284, § 33, eff. June 3, 1975.
Prior Law:
St.1974, § 211.17.
Laws 1959, c. 675, art. XII, § 17.
Minn.St.1957, § 211.17.
St.Supp.1940, 4 601-10(i)hh.
Laws 1939, c. 345, pt. 10, 4. 1, §
St.1917. § 553.
210A.34. Corporations
reports; Per
Subdivision I. It shal
make any contribution or
indirectly, of any money.
value to any major polit
defeat the candidacy of
political office. For the
tore to promote or defm
office which is made wi
cooperation or in concert
campaign committee or h
Subd. la. It shall be
any independent expend'
expenditure to promote o
appointment to any polit
expenditure" means an ea
or implied consent of, or i
a candidate, his principal
Snbd. lb. A .corporat
expenditures to Promote
on the ballot unless otin
public concern. But no E
election or appointment t.1
to promote or defeat suc
Subd. lc. Nothing in
casting of news items or
Subc1. 2. Any officer,
fives of any corporation
provisions of sections 2'
imprisoned in the Minne:
both fined and imprisone
Subd. 3. Any corpor,
210A.01 to 210A.44 shall
collected as other clain
corporation, in addition
nonresident corporation,
may be declared forfeite
Subd. 4. It shall not 1
in section 200.02, subdir
holding real property to
Subd. 5. It shall not I
conduct public media p
register, or vote providi
advantage of any candid
Subd. 6. It shall not I
facilities to any political
tory and nonpreferential
Subc1.• 7. It shall not
services to the public tc
ipation in precinct canoe.
Gen.St.1923, 1 568.
Gen.St.1913, 4 597.
Laws 1912, Ex.Seu., C. 3, 131.
Library References
Elections 44.317.
CJ.S. Elections §§ 329, 356.
Gen.St.1923, 4553.
Gen.St.1913. 4582.
Laws 1912, Ex.Sess.. C. 3, §16.
Library References
Elections .11=317.
CJ.S. Elections §1329. 356.
188
,2643
• . - • - . • ,....usts-..ets sarsavaasseaissiwwwwwslaMallatillealbalbarealanewla.E-t
.
Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU:
Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community services
DATE': September 23, 1986
SUBJECT: , Request From Elaine Jacques
In 1976, the City of Eden Prairie purchased a 9.07 acre parcel from Kenneth
Schaitberger that included Mr. Schaitberger's home and a business referred to as
Dutch's Resort on Riley Lake.
The legal description of this parcel describes the north boundary as the north line of
Government_Lot 3; however, Jerome Jacques and his father bought the property to the
north of the Schaitberger's, from the Riley's in 1927 along the "line of occupation",
which Is afence line located approximately 60 feet south of the true boundary line of
the City property.
A number of years ago the Jacques sold a parcel of property to Robert. Hendrickson, -
located north of the Schaitberger property and adjacent to Riley Lake. In 1985, the •
City purchased that parcel from Robert Hendrickson.
In .1980, the City received a letter from William B. Odell, attorney reperesenting Mrs.
Jacques and Mr. Hendrickson, explaining the discrepancy in the,property line and
explaining that due to the Jacques family right of adverse Possession, that Mrs.
Jacques is the true owner of the land lying between the fence and the north line of
Government Lot 3. When the City purchased the parcel from Hendrickson, the City .
purchased the parcel described as 300' by 230', this now raises the question about the
north property line of the Hendrickson property as well.
Attached to this memo is a copy of the May 30, 1980 letter from Mr. Odell, as well as
a map showing Parcel A and Parcel B, the two parcels of property that the City
presently owns by deed, but "Mrs. Jacques owns by right of occupation and adverse
possession". Mrs. Jacques is requesting the City convey a quit claim .deed to both
Parcel A and Parcel B described on the attached exhibit. Her attorney also requests
that upon conveyance the City install property irons at the corners of those parcels
to settle this issue once and for all.
Community Services staff recommend conveying a quit claim deed to Mrs. Jacques for
these parcels.
BLmd
\\IIJAAN H.01 1 1 ..11.
• 1,08411: Af L44/
•0.••
11,o •••••••n•V•• All "lb
• 1145,4 04114•1E5074 5,1,118
.81ZI 448 2/00
May el, I98o
,Mr. Robert A. Lambert
,Director of Community Aerv Qcs
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Mr. Lambert:
Re: Riley Lake Park
Mrs. Jerome Jacques and Ruben: Hendrickson
I have been consulted by Mrs. Jerome Jacques, 9021 Riley Lake
Road, and Mr. Robert Hendrickson, 17355 PhIneer Trail, both Eden
Prairie, relative to our letters to them, respectively, dated May
22, 1980, and May 23, 1980. Both enclose copies of a survey which
you had made of the boundary line with the object in mind of building
',nee along the boundary line and posting no trespassing signs.
Appdiently both mte.Ire ii, Mr. Hendlickson are under Ike apprehension that ii s your intention to build your boundary lino
fence on the true !with line of Government Lot 3 as shown on the
survey, rather than where the boundary line fence is presently located
as Indicated on your survey.
The purpose of this letter is to call your attention to the fact
that the boundary line fence as shown on your survey is the true
boundary line of your property and not the north line of Government
Lot 3. Mrs. Jacques hiferms me that the hondary line fence which
is shown to exist as cunning parallel to the north line of Government
Lot 3 and distant fe3 feei therefrom was histalled along the full lehgth
of the boundary between yeur property known as Riley Lake Park by
her husband Jerome and his Father when Jerome's father bought the
property from the ellees in 1927 along the line of occupation pointed
out to them by the kileys It the time of the purchase of same by
Jerome'' father free the kileys. Mrs. Jaceues and Mr. Hendrickson,
as a recent purchaser of a portion ot the land which she owned from
her, are the true oeners of the land lying between tfe fence and the
north line of Goveinent, Lot I as shown on your survey by virtue of
their occupation and adverse possession of same and their predecessors
of the adloinIng Inc on thi. north side ot Government Lot 3.
Accordingly, ieease, be advised that when you put up your fence
It you wi:Jh La diiicuss this matter furthet, please advise.
Thank you.
Yours very truly,
Willi am H. odell
Mr. Rogur A. Pauly, City Attorney
Mrs-. Jerome ,bacqua
Mr. Robert Hendrickson
CC:
,;6V,
Pu 2
Mr. Robert A. 1,,,mLiio
May -30, 1980
alonq the boundary Lin, ot yout park propurtY en he notth side thereot
that you not inter tare with he 2resunt line !.!ea and that you keep . same or the south side thereof. rurther, olosse be advised that
y
o
u
may not move that linu fence.
Mrs.- Jacques and Mr. Hendrickson want to thank you for your
. letters.advisinq them that the dunce would be built, but they Wanted
me toiliake it clear that the present boundary line 5.ence not be
,
•
remciveai -and that your fence be exacted south of the present boundary -
line 'fence.
PARCEL B
That part of Government Lot 2, Section 19, Township 116, Range
22 described as follows:
PARCEL A
That part of Government Lot 3, Section 19, Township 116, Range
22 described as follows:
Commencing at a point in the center line of Town Road known as
Riley Lake Road a distance of 371.9 feet Northerly from its
intersection with the Northwesterly line of the Minneapolis and
St. Louis Railroad right-of-way; thence due East 33.07 feet;
thence North 5 degrees 05' 02" East a distance of 294.57 feet;
thence North 7 degrees 43' 42" East a distance of 2_68.76 feet
more or less to the Southerly line of Government Lot 2; thence
South 88 degrees 35' 25" East along said Southerly line of
Government Lot 2 a distance of 182.19 feet more or less to the
Point of beginning of subject parcel, which point is the
•oUtheasterly corner of Government Lot 2 and the Southwesterly
corner • of the Northwest one-quarter of the Southeast one-quarter of said Section 19; thence South 88 . degrees.34 1 59" East along the Southerly boundary line of said Northwest
one-quarter of the Southeast one ..-quarter a distance . of 558,55 feet more or less to the Northwesterly line of said railroad
R.O.W.; thence South 44 degrees 00' 49"- West along said railroad R.O.W. a distance Of 94.00 feet more or less to .- a point 68 feet South of the Sodrtherly line of said Northwest
one-quarter of the Southwest one-quarter; thence North 88
degrees 34' 59" West along a line parallel with and 68 feet
South of the Southerly boundary of said Northwest one-quarter
of the Southeast one-quarter a distance of 493.00 feet more or
less to the Westerly line of the Southwest quarter of the
•Southeast quarter of said Section 19; thence North along said
westerly line a distance of 68.00 feet to the point of
beginning and there terminating.
The Northerly 57.5' of the Southerly 280 feet of Government Lot
2 except roadway.
ID41150a
S11.65 ZEW CC +40
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Carl Jullie, City Manager
Bob Lambert, Director of Community Services
September 30, 1986
Staring Lake Park Equestrian Trail
In 1981, the City of Eden Prairie began development of Staring Lake Park. At that
time, the City proposed a hard surface trail for use by pedestrians and bicycles and a
mowed trail that would be used for horsebackriding, as well as a separate alignment
through a mowed area for cross country skiing.
The primary trail system for Staring Lake Park is the hard surface bike/ped trail.
The hard surface trail that travels around the perimeter of the lake is located at the
base of the rather steep hill along the southern portion the lakeshore, through a 20'
wide corridor designated by Hennepin County Vo-Tech along the east side of the lake
and relatively close to Research and Mitchell Road along the north and west portion of
the lake. In order to accommodate an equestrian trail, the original intent was to
attempt to keep the equestrian trail as far away from the pedestrian/bicycle trail as
possible in order to eliminate any conflicts between those two types of users. This
required moving the equestrian trail considerably closer to the lake around the
northern, western and southern sides of the lake; however, the City was forced to
develop the mowed equestrian trail relatively close to the bicycle trail through the
Hennepin Country Vo-Tech portion due to the easement agreement to attempt to keep both
, trail systems within a 20 wide corridor.
Earlier this year members of the Eden Prairie Horsemen met with the Parks, Recreation
and Natural Resources Commission to complain about the condition of the equestrian
trail. The City had not been mowing the trail because many portions of the trail were
too wet to support a tractor and mower and members of the Horse Club complained about
riding their horses through an extremely muddy, wet trail system. They recommended
the trail be moved to higher ground, or that the City haul in fill to raise various
segements of the trail. They also requested additional access points to the trail
system.
At that time, the Community Services Staff agreed that either the trail system should
be moved to higher ground, where it could be maintained, or the trail should be
eliminated.
In early August, Community Services Staff walked the existing equestrian trail and
determined where it would have to be relocated in order to have a trail that could be
maintained. It became obvious that the trail would have to be directly adjacent to
the bicycle/pedestrian path for about 1000' on the Vo-Tech property, for about 1500'
along the northwest side of the lake between the DNR access and the fishing pier, and
for about 50' along the southern portion of the lake around the expanded picnic area
adjacent to the lakeshore. The horse trail would have to cross the bicycle/pedestrian
path five times.
The requirement of placing an equestrian trail directly adjacent to a bike/ped path
raises many concerns on the part of the Community Services Staff. The major concern
1[/ being liability. The community Services Staff contacted the Hennepin County Park
A 6z19
Reserve District, Washington County Park Department, the Dakota County Park
DeOartment, and the DNR to determine if any of those agencies had adopted standards
for, minimum :distances between equestrian trails and pedestrian/bicycle trails. The
DNR, Washington County, and Dakota County indicated that they never placed equestrian
trails .in the vicinity of any pedestrian trails, therefore, there was not minimum
distances. Hennepin County has adopted design standards from the Ontario Trails
Council,-Ontario Ministry of Natural Resources, which calls for a 155' wide trail
corridor-with a minimum of 50' from center line to center line of any other trail.
There should be no other trail system within that 155' trail corridor. Hennepin
County admits that at one location the trail comes within 10' of a pedestrian path for
a very:short length; however, there is heavily screened vegetation and/or fencing
between the two trails in that location. Everywhere else within their system the
trail is a minimum of 50' from any other type of trail.
• For over 300r the Staring Lake equestrian trail would only be 2' wide directly
adjacent to an 8' bicycle path.
On August 14, 1986, David L. Drugg, Loss Control Manager for Northstar Risk Services,
(City 's insurance managers) met with the Director of Community Services to
discuss loss control and liability within the City park system. Mr.,Drugg:recommended
• the City adopt a policy for developing equestrian trail -t similar the the Hennepinj
County policy, and adhere to that policy u or.elimtnate all equestrian-trails'. •
Unfortunately, the trail corridor system around the lake in Staring Lake Park is not
wide enough to adequately develop more than '0 single trail system -during the spring;,
fall and summer months. There is a possibility of developing a::tross country ski
trail in the vicinity of the original equestrian : trail in the winter months -when -the
CAround is frozen. Although the Community Services Staff support opportunities for
equestrian trails within the City, staff must recommend eliminating the equestrian:
• trail within Staring Lake Park due to the conflicts of that trail and the bike/pod
trails established there.
On September 15th, the Parks, Recreation and Natural Resources Commission recommended
eliminating the equestrian trail around the lake and adopting the attached standards
for developing equestrian trails within the City.
The Community Services Staff recommend the City Council adopt the attached horse trail
guidelines and, futhermore, request authorization to eliminate the equestrian trail
within Staring Lake Park.
Bob Lambert and
Parks Commission
The Eden Prairie Horsemen are in receipt of your Aug.16, 1986 letter.
Work schedules of club representatives prevented their attendance at
your meeting.
We regret hearing of the loss of the picturesque horse trails around
Staring Lake. Horse riders have enjoyed that riding area prior to it
being a City Park and appreciated your group's cooperation in developing
the trail. Because of the rising water, the chain of lakes project(we
have read about in the paper), and the physical design of the park,
conditions evolved which dictate this regretable change.
The club has attempted to schedule rides at Staring Lake Park during
the past year but each time the location had to be changed due to water
covering the trail and deep creek crossings.
As a club we will notify all club members of the loss of the Staring Lake
trail. To go a step futhrer we will send notices to 400dbear and Ramus
barns, and in general 'pass the word'. je support violators being punished
by what ever means the City finds necessary.
Club members have requested one last ride on Staring Lake this October
or November. If this can be arranged please contact me.
I have looked at the horse trail guidelines with some of the club members.
The club will see the information at our next meeting. We can send you the
club's comments at that time. In general they appear to describe common
sense approach to horse trails. Cur group rides County, .Aate and federal
trails and we do see similar trails , but many trails do not meet these
requirements and in some locations the same trails are used by walkers,
snowmobilers, sled dog trainers, etc.
Last , but of great importance, I wish to highlight existing horse trails in
town which club members would like to see formalized when park or development
planning in the areas is done
-connection from Eden Prairie Road to Spring Road
riding ring. Location is north of Cedar Hills.
-connection frnm riding ring to the US Fish
Refuge's horse trails. Trail passes under 169 through
an existing culvert.
-Aley Creek area.
These trails are outlined on the attached map. The area colored is broad,
but could be ,,i7ed down to a specific area. .e would like to discuss history
and future of these trails.
jincerely,
2651
lk IL ARK 111nUr I
Mtn'
LAKE PARR
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2 3 J 4 5 .n•n
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM:
Bob Lambert, Director of Community Services
DATE: September 23, 1986
SUBJECT: Edenvale Conservancy Area Trail
At the August 5, 1986 meeting, the City Council received a petition to the EQB from
residents adjacent to Edenvale Park for an Environmental Worksheet and an
Environmental Impact Statement on the Purgatory Creek trail system.
The petition described the project as one that would place a trail through the entire
length of Purgatory Creek in Eden Prairie from Highway 101 to the Minnesota River.
City staff reviewed the criteria for a mandatory EAW and for an EIS, and agreed with
the staff from the EQB that the proposed project does not trigger a mandatory EAW or
an EIS; futhermore, that the proposed trail within the Edenvale Conservany area is not
either a related or phased action of any other trail that may be constructed in the
Purgatory Creek valley.
At the September 2nd meeting, staff had submitted a recommendation to complete an EAW,
even though it was not mandatory, in hopes that it may serve to answer some of the
questions and alleviate some of the concerns of the impact of that trail on the marsh
area. Prior to the meeting, however, several representatives from the adjacent
neighborhoods requested the City Council to continue the consideration for an EAW to
the October 7th meeting, and requested that staff meet with the neighbors to discuss
phasing and other alternatives to the proposed trail system. The Eden Prairie City
Council continued the item to the October 7th meeting.
On September 22nd, the Director of Community Services, the City Forester and Mr.
Dennis Hahn, Naturalist for the Hennepin Park System, were invited to meet with
residents of the Edenvale Park neighborhood. At that meeting, the residents discussed
their concerns regarding a transportation trail that would allow residents of the
Hillcrest area easy access to the neighborhood park. The majority of the residents
attending the meeting did not believe the vast majority of the residents of the
Hillcrest area needed, or even wanted, access to the Edenvale Park and, therefore,
questioned the need to install the bridge at the end of Hillcrest Court. The majority
of the residents suggested an "experimental trail" that might be installed by simply
mowing the existing grass in a trail location and allowing people access via the mowed
trails.
Dennis Hahn explained the conservation practices that would be required in order to
keep the marsh from becoming a "wet meadow" and eventually a wooded area. This would
include annual burning of the marsh or dredging open water areas. Staff agreed that
when the nature trails are developed, the staff should also have a plan for managing
the area and the City would have to determine if the goal is to maintain the area as a
marsh or to allow the area to evolve naturally (although the natural aging process
would be accelerated due to development of the surrounding area).
Jerry Johnson suggested that perhaps the first phase trail could simply be mowing
along the top of the interceptor line up to the "hour glass" area. Jim Cullen
suggested installing a bridge south of Jay Morgan's property and simply mowing the
perimeter trail around the marsh, and eliminating the transportation trail from
Hillcrest Court.
A resident living on the Edenwood Drive cul-de-sac referred to the "mess that the
snowmobilers have always left" adjacent to her property and voiced a concern over the
access from that cul-de-sac. Lambert responded that the Edenvale Conservancy Area,
including the neighborhood park, served as a neighborhood park for residents within a
half-mile to three quarter mile radius of the park. This included all of the people
in the Hillcrest and Edenwood Drive neighborhood. The City's philosophy has always
been to provide safe, direct pedestrian access to the neighborhood park facilities.
Several residents pointed out that very few of their children use the Edenvale
Neighborhood Park and suggested that the Hillcrest and Edenwood Drive neighborhoods
would use Round Lake Park before Edenvale Park. Lambert indicated that as Edenvale
Park is developed more people in the nighborhood would be inclined to use the
facilities, especially if a nature trail were provided and that neighborhood parks
serve a completely different purpose than community parks.
Lambert pointed out that the City is responsible for providing parks, and access to
those parks for everyone within the service area, which included 800-1200 homes in the
Edenvale Park service area. He suggested the City complete a survey of those
residents to determine how many would use a pedestrian bridge at the end of Hillcrest
Court prior to making a decision on whether or not to construct a bridge. If at this
time the "vast majority" do not want the bridge and would not use the bridge, staff
would agree that the bridge is not wanted at this time.
Lambert also pointed out that the DNR is requiring the City to dredge an open water
area to improve the marsh as a mitigating action for the loss of some of the marsh to
the expansion of Valley View Road. Perhaps the first phase of the nature trail could
be to simply mow the trail on top of the interceptor line and provide a nature blind
adjacent to the area that will be dredged as a part of the Valley View Road project.
The majority of the residents concurred with this recommendation.
Community Services Staff recommend the City Council adopt the following phased plan
for developing a trail system within the Edenvale Conservancy Area:
1. Complete a survey of all of the residents within the service area of the Edenvale
Neighborhood Park, to determine the demand for pedestrian access at the end of
Hillcrest Court to the Edenvale Neighborhood Park, as well as access from the east
to the west via Hillcrest Court. Upon receiving results of that survey, the City
Council will then determine whether or not the bridge at the end of Hillcrest
Court should be constructed at this time.
2. During the fall of 1986 begin mowing the trail corridor along the top of the
interceptor to provide limited access to the creek valley for nature observation.
3. After dredging, as required by the DNR is completed, construct a woodchip trail to
a nature blind that can be used to observe waterfowl and other wildlife in the
marsh area.
4. Work with naturalists from the Hennepin Parks System on developing a proposed
trail system that would provide access to the western part of the marsh with
minimal impact on the resources of the marsh. As a part of this trail study the
naturalist would recommend: a) type of trail surface, b) the location of the
trail c) the conservation plan for the marsh d) the people management plan for
the marsh including control for keeping out motorized vehicles e) the maintenance
program for the marsh 0 the public education program for the marsh.
Upon completion of the study and review of the program and plan for the trail system
the City Council would then adopt a program and timetable for development of the trail
system and various management plans.
BL:md
6n51.1