HomeMy WebLinkAboutCity Council - 04/07/1987 AGENDA
. EDEN PRAIRIE CITY CDUNCIL
TUESDAY, APRIL 7, 1987 7:30 P.M., CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
CDUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris, and Patricia
Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to
the City Manager Craig Dawson, City
Attorney Roger Pauly, Finance Director
John D. Frane, Director of Planning Chris
Enger, Director of Community Services
Robert Lambert, Director of Public Works
Eugene A. Dietz, and Recording Secretary
Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Special City Council meeting held Tuesday, March 10, 1987 Page 662
B. City Council Meeting held Tuesday, March 17, 1987 Page 67D
III. CONSENT CALENDAR
A. Clerk's License List Page 699
B. Final Plat Approval for Bluestem Hills 2nd Addition Location: Page 701
o5utheast of Bennett Place and Northwest of Meade Lane.
(Resolution No. 87-65)
C. Final Plat Approval for Bluffs West 6th Addition Location: Page 704
atst•-of Homeward Hills Road and North of Riverview Road.
(Resolution No. 87-77)
D. Receive Feasibility Report for Sunnybrook Road Street and Utility Page 7D7
Improvements and Set Public Hearing for Mayy 191_C.
52-109 (Resolution No. 87-78)
E. Final Plat for Prairie Acres (Southwest Corner of CSAH1 and Page 709
Bennett Place) Resolution No. 87-79
F. Receive 1DD% Petition for Sanitary Sewer and Watermain Page 711
Utility Improvements for Shady Oak Ridge and Authorize Preparation
of Plans and Specifications, I.C. 52-119 Fiisolution No.
87-81
G. Final Plat for Carmel 6th Addition Location: Fallbrook Road Page 713
and North of Driftwood Road. Resolution No. 87-B2)
City Council Agenda - 2 - iues.,Apri1 7, 1987
H. WILLIAMS MINI-STORAGE, by Bob Williams. 2nd Reading of Ordinance Page 716
#11-87, Rezoning from Rural to I-2 Park; Approval of Addendum to
Developer's Agreement for William's Mini-Storage; and Adoption of
Resolution #87-84, Authorizing Summary of Ordinance #11-87 and
Ordering Publication of Said Summary. Rezoning from Rural to I-2
Park for 0.5 acres. Location: East of Highway #169, south of
Anderson Lakes Parkway. (Ordinance #11-87, Rezoning; Resolution
#87-84, Authorizing Summary and Publication)
I. Resolution No. 87-85, Proclaiming April 10 1987 as Child Care Page 722
Provider Day in Eden Prairie
J. Request from James L. Cardinal for Council to recommend Page 723
his reappointment II the Hennepin County 8oard of
Commissioners to the Riley, Purgatory, Bluff Creek Watershed
Board of Managers
IV. PUBLIC HEARINGS
A. INTERNATIONAL SCHOOL OF MINNESOTA. Request for Comprehen- Page 550
sive Guide Plan Amendment from Medium Density Residential and & 724
• Public Open Space to Elementary/Secondary School on 55.6
acres; Zoning District Change from Rural to Public on 55.6
acres; and Preliminary Plat of 55.6 acres into one lot for
construction of a private school. The request also includes •
a change of the City Code, Chapter 11, Section 11.35,
entitled "Public District," Subdivision 2, to allow private
schools as a permitted use and private schools with boarding
as a permitted use, and requiring park dedication of such
uses. Location: North of Bryant Lake, west of Rowland
Road, east of Beach Road and I-494. (Ordinance #12-87,
Chapter 11 Ordinance Change; Resolution #87-60,
Comprehensive Guide Plan Amendment; Ordinance #10-87, Rezoning;
Resolution #87-61, Preliminary Plat) Continued Public Hearing
from March 17, 1987
B. AMENDMENT OF CHAPTER 11, CITY CODE. Amending City Code
Chapter 11, Entitled Land Use Regulation (Zoning), and Page 581
Readoption of City Code Chapter 11 in its Entirety as & 728
Amended Herein, 1) by Renumbering Several Paragraphs Under
Definitions; 2) by Including Definition for a Maximum
Base Area Ratio; 3) by Changing Special Requirements for
Filing and Recording of Legal Descriptions and Zoning
District Changes; 4) by Including a Column Designating
Maximum Base Area Ratio; 5) by Amending Mechanical Equipment
Screening Standards; 6) by Including Provisions for Required
Landscaping in Residential Districts; 7) by Changing
Provisions Relating to Off-street Parking Space Requirements
for Office Use and Amending Exterior Material Design
Standards to Omit Factory Fabricated and Finished Metal
Framed Panel Construction; 10) by Adding
Golf Courses as Permitted Uses in Rural Districts Exclusively;
11) by Providing for a Maximum Square Footage Requirement for
Supporting Commercial Sales and Services to Office Users within
Large Office Structures; 12) by Adding a Requirement Limiting
the Square Footage Maximums for Neighborhood Commercial
Services and Community Commercial Services; 13) by Providing
City Council Agenda - 3 - Tues.,April 7, 1987
for a Maximum Percentage of Gross Building Area That Supporting
Minor Commercial Uses Can Occupy in Industrial Districts; 14)
by Adding a Requirement to Specify "End Land Use" After Land
/ Alteration Occurs and Identify Zoning of Property After Land
( Alteration Occurs Under Section Entitled Mining Operation and
Land Alteration Regulations; 15) by Providing for a Maximum
Size of Name Plates as Permitted Under Home Dccupation Code;
16) by Renumbering Several Paragraphs Under Subdivision 2,
Entitled Sign Permits; 17) by Adding a Definition for Sign
Base; 18) by Adding Area Identification Regulation Criteria
Under Subdivision 3 Entitled General Provisions; 19) by
Adding Sign Base Criteria Under Residential Districts; 21)
by Amending That Portion of the Commercial Sign Ordinance by
Consolidating Permitted Commercial Sign Criteria Under One
Heading for All Commercial Districts; 22) by Deleting
Paragraph D of Subdivision Four of Section Entitled Sign
Permits; 23) by Amending That Portion of the Office Sign
Ordinance by Including Provisions for Wall Signs for Each
Elevation and Including Sign Base Criteria; 24) by Adding
Sign Base Criteria to Industrial Districts; 25) by Adding
Sign Base Criteria to Public Districts; 26) by Relettering
Paragraphs under Section Entitled Sign Permits; 27) by
• Adopting Zoning Map Entitled "Zoning Map of the City of
Eden Prairie," dated January, 1987; and 28) Readoption
of City Code Chapter 11 in its Entirety as Amended Herein.
(Ordinance #9-87) Continued Public Hearing from March 17,
1987
V. PAYMENT OF CLAIMS Page 731
VI. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 13-81, Repealing Section 2.12,
Entitled "Development Commission", of the City Code Page 741
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request for Wine License Beijing
B. Request from Howard Peterson to appeal decision of the Board Page 742
of Adjustments & Appeals regarding Variance Request #87-08
C. Request from Leslie Davis, Earth Protector, regarding the Page 743
Environmental Defense Fund
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
1. Municipal Cemeteries Page 771
2. Proposal for Strategic Planning Process Page 781
City Council Agenda - 4 - Tues.,April 7,.1987
3. Procedures for City Purchases Page 783
C. Report of City Attorney
D. Report of Director of Planning
E. Report of Director of Community Services
1. Park Bond Referendum Page 7B4
F. Report of Director of Public Works
XI. NEW BUSINESS
XII. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
SPECIAL MEETING
TUESDAY, MARCH 10, 1987 3:00 PM, CITY HALL LUNCHROOM
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson
George Bentley, Jean Harris and
Patricia Pidcock
CITY COUNCIL STAFF; City Manager Carl J. Jullie, Planning
Director Chris Enger, Director of
Community Services Robert Lambert,
Director of Public Works Eugene A.
Dietz, and Recording Secretary Jan
Nelson
ROLL CALL: All members were present.
Mayor Peterson called the meeting to order at 3:05 PM.
Director of Community Services Lambert reviewed his memo of March 2,
1987, regarding Eden Prairie Trails System Issues. He said there are
three trail designations that need to be discussed today: nature
trails, sidewalks and transportation trails.
Regarding nature trails, he said they are suggesting that the developer
rough grade the trail, sign it and then do minimal maintenance until
such time as the trail can be linked up to another trail section.
Peterson noted that there are areas of the creek corridor where
rough grading of the trail would be nearly impossible; therefore,
he thought we need to know for sure that that particular section of
corridor will eventually be part of the trail system. Lambert said
he thought the issue of where the trail will go in the creek valley
should be the topic for a separate meeting.
Anderson said he believes we have to define some policies for our
various types of trails. He noted that there are bus stops where
there are no sidewalks along the street, and there are high density
residential areas where no sidewalks exist. He said we need a de-
fined policy for Staff to go by for trails and sidewalks in the City
when plans come in for development.
Harris asked if we have effectively been barred from developing
trails in areas previously identified for future development. Lam-
bert responded that there is a question that we will be able to put
in the trail along Purgatory Creek in the Edenvale area where it
has always been planned because several residents are opposed to the
trail. He also said development of the area on the north shore of
:ram
! City Council Minutes -2- March 10, 1987
Red Rock Lake caused problems with the location of a trail that was
to lead up to the Central Middle School, and we decided to not com-
plete that section of trail.
Pidcock said she was not aware of the option to run the trail around
Red Rock Lake. Lambert said they addressed whether it would follow
the marsh around the lake along the backyards of the houses or
whether it would go up through a cul-de-sac; ultimately it was de-
cided to not complete the trail in that section at all.
Anderson said that is a problem as we ended up with a dead-end trail
because we didn't stake out the trail and put a sign for the planned
trail. He said our trail and sidewalk system in the City is piece-
meal, and we have not followed through on the priorities set in 1975
by the Hikeway/Bikeway task force.
Lambert commented that we are a lot further along on our planned
trail system than most cities. He said we have completed 3/4 to 4/5
of the spine system proposed in the 1975 study.
Anderson said after the recent bond issue the citizens surveyed said
the number one recreation item wanted was trails, and he believes we
have to respond to that.
Regarding the Red Rock Lake trail, Harris asked if the City owned
any of the land for the trail. Lambert responded that we have a
problem in obtaining land as we do not opt to take the area for the
trail in lieu of cash park fees, since the cash park fees are used
to build neighborhood parks. He said it is a matter of not being
able to have both land for trails and neighborhood parks.
Pidcock noted that in 1975 when Red Rock Park went in, the developer
was forced to give land for the trail system. She said it is incon-
sistent to say now that we can't go all the way around the lake with
the trail. Peterson said that was a decision this Council made.
Pidcock said the decision we made was to not bring it up from the
lake. A discussion followed regarding the previous Council decision
about the Red Rock Lake trail.
Anderson noted that surrounding communities have made decisions to
have trails alongside or adjacent to homes and often the people
are disturbed about it; however, the point is that for the tctal
good of the people in the area, they have put through the easements
to access a park or another facility.
Lambert said the majority of nature trails are on City land and are
on an area designated as a trail corridor. He said he thought the
toughest issue will be the trail along the lower Purgatory Creek
valley because it is environmentally sensitive.
City Council Minutes -3- March 10, 1987
Anderson noted that we have seen where the City of Bloomington has
taken a river corridor and turned it into an aesthetically pleasing
asset to the community. He said we have that opportunity now, but
we may not for much longer.
Harris said she thought it is vitally important to preserve the
lower creek valley as a resource for us and future generations,
and to provide the kind of trail discussed during the trail tour
on Saturday. She asked what the status is of the areas not yet
controlled by the City. Lambert reviewed the history of acquiring
the land in the lower creek valley. He said the slopes have become
either scenic easements or outlots on areas already acquired.
Peterson asked if we have done anything towards a Feasibility Study
to detail what portion of this entire corridor could be served by
trails. Lambert said it would be possible to put a trail along the
entire length but there are areas further up that are marshy and
might require a boardwalk.
Pidcock asked if getting developers to donate the land in the creek
valley wouldn't be more valuable than their giving cash park fees.
Lambert said this is a difficult decision and it is really two dif-
ferent issues. He said he thought it would be best to continue our
current policy as most owners would prefer the write-off for donating
( the land to having to maintain the creek slopes.
Bentley said he thought it was feasible to look at this issue as
two separate components: obtaining the property; and the trail that
would go through the property. He said we can't build the trail
until we own the property so the first issue is getting dedication
of the remaining parcels. After that we can deal with the question
of exactly where the trail can go and where it will cross the creek.
Peterson asked for clarification on Staff's understanding of the
direction of the Council regarding the creek corridor. Lambert said
he believes the understanding is that we want to acquire the entire
creek corridor for the potential of putting a trail in the corridor,
whether it is put in now or 50 years from now.
Anderson said he thought we have to make a commitment on the creek
corridor in the Welter property. He said when property comes in
that has potential for the City, those opportunities should be brought
up and discussed. Peterson said he thought before we begin to decide
where the trail will be placed or bridges constructed we need to
acquire the entire length of the corridor and do a major study on the
precise location of the trail. He said he didn't think that anyone
could believe that the Council has been soft on getting land along
the corridor.
City Council Minutes -4- March 10, 1987
Anderson said he was concerned that we are getting enough land for
the potential trail rather than just preserving the 100-year flood-
plain area.
Harris said she thought the policy of acquiring the entire corridor
for the potential of a trail is an appropriate position at this time,
and that the Council should articulate this as a policy and move on
to other issues.
Lambert said we have been requiring developers to dedicate the flood-
plain and either scenic easements or dedication of the creek slopes,
despite the fact there is no ordinance to require anything more than
the dedication of the floodplain. He said a trail will work in the
floodplain in some areas, but in other areas more land will be re-
quired in order to construct the trail on dry land.
Anderson said he doesn't want to reach the point where we say we don't
have enought land to complete a trail, and noted that a portion of the
trail along the Welter property will require obtaining an additional
100 feet of land.
Pidcock asked if it would be possible to acquire enough land to put
the neighborhood parks on the dedicated land. Lambert said many of
the parks are already built and noted that land such as that would
represent very expensive lots.
If there was consensus, Bentley said he would suggest adopting a
procedure such as the following relative to the lower Purgatory Creek
valley:
1. Have Staff define the creek corridor they would like to
see designated as a corridor;
2. Have Staff bring the planned corridor to the Council for
debate and vote;
3. Maintain an aggressive policy of obtaining the remaining
creek corridor while developing a Feasibility Study on
the trail system itself.
Peterson said he thought this was in fact what we had been doing.
Bentley said this would establish a coherent policy to formalize
what we are already doing. Peterson asked what he meant by the
creek corridor. Bentley replied that Staff would bring back the
plan for the corridor that would specify the actual amount of land
to be included in the designated corridor.
Bentley said a specific policy may help in negotiating with land-
owners or in cases of contested issues. Anderson said he hoped the
•
•
{ City Council Minutes -5- March 10, 1987
f
aggressive policy includes getting title to the outlots not yet
deeded to the City so that we don't lose what we already have. He
said he thought it was important to designate the trails by signage
and mowing the grass.
MOTION: Bentley moved, seconded by Harris, to direct Staff to for-
mulate the procedure outlined above and return to the Council with
a written description for further discussion and action.
Peterson asked what Staff would have to do in order to designate
a corridor. Lambert said there would be a map with precise designa-
tions and descriptions.
Harris asked about the possibility of acquiring the extra land needed •
for the trail in the marshy areas of the upper valley. Lambert said
that land will probably have to be purchased outside the floodplain
as an alternative to filling in portions of the floodplain. Anderson
noted that we also have the option to take 10% of the property rather
than cash park fees as we have done in the past.
VOTE ON THE MOTION: Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff to
draft a policy that nature trails will be roughed in and signed at
the time of development and that low-grade maintenance of the trail
will be performed until a connection is made to the trail system,
•
and to bring the draft policy back to the Council for discussion and
action. Motion carried unanimously.
Lambert noted that another issue is transportation trails, both on
existing streets and on new streets. He said the tough issue is how
to pay for portions of the trail system along existing streets that
need to be constructed. He said for the first few years we got
government grants for up to 90% of the cost to put them in; however,
that money dried up and we have just been putting in short segments
as money becomes available. He said, further, that several years
ago the Council decided not to use cash park fees to build transporta-
tion trails.
Pidcock asked if a subsequent Council could change that decision.
Lambert said it could be changed.
Anderson noted that the fees are an important means of funding and
that other communities such as Lakeville are adding a small percent-
age for a community-wide trail system along with the usual park fee.
He said we have to find a means to fund our trail system. Lambert
replied that he didn't know what legal basis those communities are
using to assess that kind of fee, but he will ask the City Attorney
about that.
.emu,
City Council Minutes -6- March 10, 1987
Lambert said it would also be possible to assess the general popula-
tion 1/2 mill per year until the park and trail system is completed.
MOTION: Anderson moved, seconded by Bentley, to direct Staff to
present information on the options available for funding the trans-
portation trail system. Motion carried unanimously.
A discussion followed regarding the history of relying on Homeowners'
Associations for building and maintaining sidewalks and/or trail
systems within their project area.
Director of Public Works Dietz reviewed his memo of March 10, 1987
regarding sidewalks. He said there are three issues that need to be
discussed: sidewalks in new subdivisions; those to be constructed
in existing subdivisions; and the sidewalk along Woodland Drive. He
said he had tried to expand a little on the criteria we currently
use for sidewalks.
Bentley asked if there has ever been an attempt to make a more specific
functional classification of City-owned roadways. Dietz said as far
as he knows there has not, but he would identify four classifications:
collector; low-level locals; residential streets; and cul-de-sacs.
Bentley said he thought through streets might be another category as
they are not collectors but do go through one or more neighborhoods.
He said the point of this was to define the roads so that we can
specify if sidewalks will be required or not, and if so, on one or
both sides. He said this would facilitate dealings with developers
of new property as they would know what was expected of them.
Anderson said he agreed with this concept and would put streets into
three categories: collectors; through streets; and residential streets.
Dietz said the purpose of his memo was to present alternatives as to
sidewalks on both sides of all new streets, sidewalks on both sides
except on cul-de-sacs, and the present plan of sidewalks on one side
generally, with both sides occasionally.
Peterson said he hoped the option would come down to continuing the
present plan with a more careful definition or delineation. He said
he thought this could almost be reduced to a formula so there wouldn't
have to be a lot of value judgments required.
Dietz said we got started talking about sidewalks because there were
a number of requests for stop signs in certain areas. He said it was
concluded that it is not a good idea to put stop signs indiscriminately
through neighborhoods. He said one of the things he noted is that
there is no good place for kids to play, and this contributes to the
complaints regarding heavy traffic through neighborhoods. Peterson
said that those complaints will no doubt continue, but he doesn't be-
lieve that sidewalks represent good play areas for children beyond a
certain age.
L'i
City Council Minutes -7- March 10, 1987
I`<
(
Bentley said he was talking about a somewhat different approach to
Point A of the memo regarding present criteria. He said he was
suggesting that Staff return with a number of functional classifi-
cations of roadways, the definition of those functional classifica-
tions, and what type of pedestrian systems should go along with each
of the classifications. He said it doesn't have to reflect what
we have done or what we are currently doing, but rather is an oppor-
tunity to take a look at what problems exist currently and correct
that in future development.
Dietz said he understood the consensus to be the traffic volume as
the primary basis for classification with some consideration of the
number of houses. Peterson said he thought proximity to major attrac-
tions such as parks should also be considered. Anderson said he
agreed with that and was concerned that sometimes residential streets
can become through streets after development is completed in sur-
rounding areas.
Dietz asked if the consensus was to limit the sidewalks to one side
of the street where possible. A discussion followed regarding the
classifications suggested and the number of sidewalks required for
each type.
Anderson said he thought the real problem with pedestrians occurs
( when traffic parks along the roads so that children are behind
cars when they play. He said we should take a look at restricting
parking on through streets to one side of the street in developed
areas. Dietz said that might solve the dart-out and visibility
problems; but the more parked cars on a street, the slower the
traffic ha3 to go, so part of the problem of speed is controlled on
those streets.
Anderson said another part of the problem occurs with bike riders
who must maneuver around parked cars in the street. He said he
thought no parking signs on one side of the street would help to
solve a lot of those problems.
Bentley asked if a night-time parking ban in the City would have an
effect on the day-time parking situation as well. Dietz said it
probably would as people will do the most convenient thing and will
make an effort to get cars off the street. Bentley said a variety
of parking restrictions would be confusing and hard to enforce;
whereas a night-time ban might be easier to enforce and more con-
sistent.
Dietz said most of the major roadways have no parking because of the
width required for the street. Anderson said he thought this could
be extended throughout the City on other roads. A discussion followed 1 "
regarding the criteria for parking restrictions and the effectiveness + "
of such restrictions.
/, /
City Council Minutes -8- March-10, 1987
Peterson said the issue of bicycle safety is an important issue not
on the Agenda and we might want to schedule another work session on
that. Anderson said he was talking about the general safety of pedes-
trians and bicyclists on streets that don't have sidewalks. Jullie.
suggested that we look at the street system and come up with some
recommendations for such problems.
Lambert asked if five-foot concrete sidewalk construction would be part of the issue involved with funding of transportation trails.
The consensus was that it would be part of the funding. issue.
Anderson said he thought it was imperative to get crossings and a
trail on both sides of Anderson Lakes Parkway before the new school
opens this fall. Lambert said there is an underpass available.
Anderson said there is no sidewalk on the south side of the street
and he was concerned about that.
Dietz said he still is not sure what to do about the Feasibility
Study for the sidewalk on Woodland Drive as he cannot come up with
an equitable means of funding the sidewalk and none of the residents
seem to want the sidewalk at this time. He said he would suggest
that we let that sidewalk proposal die and. if we receive a petition
from 45-50% of the residents there for a sidewalk, then we go for. it.
A discussion followed regarding funding for the sidewalk if it were
constructed.
Lambert introduced Barb Cross who is the park planner and landscape
architect for the City. .
MOTION: Harris moved, seconded by Pidcock, to adjourn the meeting
at 5:03 PM.
•
UNAPPROVED MINUTES
, EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 17, 1987 7:30 PM, SCHOOL ADMINISTRATION BUILDING
BOARDROOM
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris and Patricia
Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson,
City Attorney Roger Pauly, Finance
Director John D. Frane, Director of
Planning Chris Enger, Director of
Community Services Robert Lambert,
Director of Public Works Eugene A.
Dietz, and Recording Secretary Jan
Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL: All members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were deleted from the Agenda: III. D.
Birchwood Labs, Inc. - Approval of Developer's Agreement for
Birchwood Labs; III. E. Final Plat of Birchwood Labs.
The following items were added to the Agenda: X. A. 4.
Peterson - I-494 Corridor Update; X. A. 5. Bentley --
Report on Transportation Advisory Board Subcommittee; X. A.
6. Anderson -- Report on meeting with Minnesota Valli
Wildlife Preserve; X. B. 4. Update on move to new City Hall.
MOTION: Harris moved, seconded by Anderson, to approve the
Agenda and Other Items of Business as amended and published.
Motion carried unanimously.
II. MINUTES
A. Special City Council meeting held Tuesday, February 24,
1987
The following changes were made to the Minutes: page 1 --
change "SCHOOL ADMINISTRATION BUILDING BOARDROOM" to
"CITY HALL LUNCHROOM", and page 2, paragraph 5, sentence 3
-- change "our desire to downsize" to "the concept of down-
sizing" and "existing development" to "potential develop-
ers".
MOTION: Bentley moved, seconded by Pidcock, to approve
the Minutes of the Special City Council meeting held
a.7�
City Council Minutes -2- March 17, 1987
February 24, 1987, as amended and published. Motion
carried unanimously.
B. City Council meeting held Tuesday, March 3, 1987
The following change was made to the Minutes: page 9,
paragraph 1, sentence 2 -- change "the Council" to
"designated Council representatives".
MOTION: Pidcock moved, seconded by Bentley, to approve
the Minutes of the regular City Council meeting held
March 3, 1987, as amended and published. Motion carried
unanimously.
III. CONSENT CALENDAR
A. Clerk's License List
B. Request for Extension of Transit Bus Service to New
Senior Center (8950 Eden Prairie Road)
C. Sale of Schultz House
F. EDENVALE 21ST ADDITION, by Breco Corporation. 2nd Reading
of Ordinance #7-87, Rezoning from Rural to R1-9.5 for 5.52
acres; Approval of Developer's Agreement for Edenvale
21st Addition; and Adoption of R solution #87-59, Authoriz-
ing Summary of Ordinance #7-87 and Ordering Publication of
Said Summary. 7.34 acres into 18 single family lots and
one outlot. Location: South and east of Edenvale Boule-
vard, west of Woodland Drive. (Ordinance #7-87, Rezoning!
Resolution #87-59, Authorizing Summary and Publication)
C. Final Plat of Reuter Addition (S.E. Corner of C.S.A.H. #62
and Indian Chief Road) (Resolution #87-62)
H. Final Plat of Flagship Addition (East of Prairie Center
Drive at Singletree Lane) (Resolution #87-63)
I. Final Plat of Red Rock Heights 5th Addition (Scenic
Heights Road at Village Woods Drive) (Resolution #87-64)
J. Final Plat of Edenvale Industrial Park 9th Addition (N.E,
Corner of T.H. #5 and Martin Drive) (Resolution #87-67)
K. Receive Feasibility Report for Street and Utilitj Improve-
ments in Bennett dace and 'Blossom Road and Set ?ublic
Hearing for April 21, 1987 (I.C. #52-105) (Resolution
#87-69)
L. Authorize Permit Application to MWCC for Connection of
Sanitary Sewer for the Tree Farm Addition (County Road #1,
west of Highway 169) (Resolution #87-70)
/ City Council Minutes -3- March 17, 1987
i
M. Receive Petition for Trunk Watermain Extension to Serve
International School and Adjacent Properties and Authorize
the Preparation of a Feasibility Study (I.C. #52-117)
(Resolution #87-71)
N. Authorization to Execute Agreement with Arthur Young, &
Company for Comparable Worth - Pay Equity Analysis
Regarding Item C. Sale of Schultz House, Peterson asked
for clarification of the information provided about the
sale. City Manager Jullie said this is the amount they
will pay us, so the acceptance of the highest bid is.
appropriate. Pidcock asked to where it has been moved
and noted her concern about what appears to be a lower
cost to move the house than the City was quoted recently
to move another house. Jullie said the competitive bids
from the movers show only the total bid, not the separate
amounts for moving costs and purchase price.
Bentley asked for clarification of Item A, Clerk's License
List for gambling at American Legion Post #409 as he thought
that when we changed the ordinance we no longer were
required to issue those licenses. Jullie said he would
have to check on this particular one.
MOTION: Bentley moved, seconded by Harris, to amend the
Clerk's License List to delete the request of American
Legion Post #409. Motion carried unanimously.
MOTION: Anderson moved, seconded by Harris, to approve
Items A and B, amended Item C, and Items F - N on the
Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. SUBURBAN NATIONAL BANK/PRESERVE MEDICAL BUILDING, by
Supplee's 7 H.I. Enterprises, Inc. Request for Compre-
hensive Guide Plan Change from Low Density Residential
to Office on 1.09 acres; Zoning District Change from
Rural to Office on 1.09 acres, with variances to be re-
viewed by the Board of Appeals; and Preliminary Plat of
1.09 acres into one lot for construction of a two-story
office building. Location: South of Anderson Lakes
Parkway, west of County Road #18. (Continued Public
Hearing from February 17, 1987)
City Manager Jullie noted that this item has been con-
tinued several times, and the proponent has again re-
quested a continuance. He said Staff recommends that
the Public Hearing be closed and Notice of Hearing for
this proposal be republished after proponent has supplied
material for review and the Planning Commission has taken
action.
City Council Minutes -4- March 17, 1987
MOTION: Anderson moved, seconded by Pidcock, to close
the Public Hearing and to order that the Notice of
Hearing for this proposal be republished after proponent
has submitted material for review and the Planning Com-
mission has taken action.
Bentley asked if proponents are aware that this is the
potential action this evening and if this will have a
real impact on what they are doing. Jullie said they
had not been specifically notified on this; but, as a
practical matter, this should not impact them. Proponents
were not present at the meeting.
•
Bentley asked if this could simply be closed or if it
should be handled in some other way. City Attorney Pauly
said he thought it would be proper to close the Public
Hearing and not take any action at this time. Pauly said
• at such time as proponents are prepared to go forward,
Notice of Hearing would be published so that all interested
people would have an opportunity to come forward.
VOTE ON THE MOTION: Motion carried unanimously.
B. INTERNATIONAL SCHOOL OF MINNESOTA. Request for Compre-
hensive Guide Plan Amendment from Medium Density Residen-
tial and Public Open Space to Elementary/Secondary School
on 55.6 acres; Zoning District Change from Rural to Public
on 55.6 acres; and Preliminary Plat of 55.6 acres into
one lot for construction of a private school. The request
also includes a change of the City Code, Chapter 11,
Section 11.35, entitled "Public District," Subdivision 2,
to allow private schools as a permitted use and private
schools with boarding as a permitted use, and requiring
park dedication of such uses. Location: North of Bryant
Lake, west of Rowland Road, east of Beach Road and I-494.
(Ordinance #12-87, Chapter 11 Ordinance Change; Resolution
#87-60, Comprehensive Guide Plan Amendment; Ordinance
#10-87, Rezoning; Resolution #87-61, Preliminary Plat)
Peterson noted the two additional pieces of information
provided to Councilmembers: the letter from Ms. Whitehead;
and the letter from Robert Nethercut of the Metropolitan
Council Parks & Natural Resources Division.
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified.
Tracy Whitehead, representing proponent, addressed the
proposal. She then introduced Elizabeth Close and Gar
Hargens, architects, who reviewed the model and plans for
the project.
a ,
City Council Minutes -5- March 17, 1987
Planning Director Enger said this proposal was first
considered by the Planning Commission at the February 23rd
meeting, at which time it was returned to proponent for
review. He said the Planning Commission again reviewed
the project on March 9th and recommended approval on a
4-0 vote of the Comprehensive Guide Plan Change, the
Zoning District change and the Preliminary Plat, subject
to the recommendations of the Staff Reports of February 20
and March 6, 1987. He said the recommendation was also
subject to resolution of the following items;
1. The width of the access road shall be 30 feet,
unless after working with Staff it is deter-
mined by the City Engineer that the alternative
proposed by proponent or some other compromise
is acceptable.
2. Park fees shall be paid.
3. Furnish available information regarding the
existing easement from the property to the
Hennepin County Park Reserve District which
is to function as an emergency vehicle access.
4. Design of access to the property from the future
Crosstown Highway shall be coordinated with City
or County staff.
5. More residential character shall be introduced
into the structures.
6. Development within the conservancy area,
designated floodplain and wooded areas shall be
restricted.
7. Future phases beyond Phase 1 shall be subject
to Planning Commission and Council site plan re-
view.
Enger said the City does not have a zoning district which
allows this use; therefore, the Planning Commission recom-
mended approval, subject to the approval of the Code change
to permit private schools and boarding within the Public
District.
Director of Community Services Lambert said the Parks,
Recreation & Natural Resources Commission reviewed this
proposal at the March 2nd meeting. Issues discussed were
grading, shoreland ordinance, consistency with the regional
park plan, and whether dedication should be in the form
of land or park fees. He said the Parks Commission voted
to recommend proponent be required to pay cash park fees
and that a scenic easement be added to the floodplain to
maintain control.
O
City Council Minutes -6- March 17, 1987
Director of Public Works Dietz said that the proposal
showing a 28-foot wide roadway for about one-third of
the distance and the balance at 32 feet wide would be
acceptable. He said the issue about the entrance into
the site is still not totally resolved; however, the
consultants are recommending that the concept developed
for the Crow/Chasewood site would be satisfactory to
provide access to the site. He said the cost of the
access road was not yet resolved.
Bentley asked Dietz about the recommendation on who
will pay for the intersection. Dietz responded that if
this proponent were treated the same as other proponents,
the City would not be involved in the cost of the inter-
section.
Peterson asked Pauly if he was prepared to outline the
legal issues within which we can conduct our discussion
and to discuss the requirements relative to zoning amend-
ments. City Attorney Pauly referred to his memo of March
13th and said this proposal requires an amendment to the
City Code to authorize this as a use. He said the action
being considered tonight is an amendment to the Guide Plan,
and Zoning District use would generally follow the Guide
Plan designation. Because this is a new use being pro-
posed, he suggested it might be appropriate to incorporate
certain of the Staff Report recommendations and the Com-
mission recommendations into the code itself as standards
applicable to a private school use within a public district.
Regarding the park dedication Pauly said the statute pro-
vides that the City can require the dedication of land for
park purposes to the extent that such a dedication is
reasonably required as a result of the development under
consideration.
Commenting on the letter from Mr. Nethercut, Pauly said
he believed the agreement referred to arose out of a
settlement of a claim by the Met Council relative to over-
payment of certain amounts for park acquisition purposes.
He said that he would suggest that the issue regarding
the needs for the amount of parkland to be dedicated should
be developed to a greater degree, and thus should be re-
turned to the Planning Commission for further consideration.
Peterson asked if Mr. Pauly were recommending that the
Council not get into debate relative to the proposal that
there be a $1,000 cash park fee. Pauly said it was his
view that this needs to be developed to a fuller extent,
particularly in view of its bearing on the needs that
City Council Minutes -7- March 17, 1987
may be generated as a result of this development and
in view of the rapidity with which this proposal advanced
through the process.
Referring to Mr. Nethercut's letter, Peterson asked Pauly
to review the legal authority of the Met Council speci-
fically related to their request for a minimum of 13 acres
of dedicated land for the Park Reserve. Pauly responded
that there is no legal authority for the proposition that
the 13 acres is any magic number. He said the code pro-
vision for a maximum of 10% may seem inconsistent with
the agreement referred to in Mr. Nethercut's letter; how-
ever, that agreement occurred at a time when the previous
proponent had received at least First Reading approval for
the development plan that provided for all that land to
be dedicated for park purposes. Pauly also noted that
the Guide Plan amendment, if approved, will not be effec-
tive until it receives approval from the Met Council and
returns to the Council for final approval.
Pidcock asked if Mr. Nethercut was present at the meeting.
Arne Stefferud of the Metropolitan Council said he had
delivered the letter this evening for Mr. Nethercut.
( Harris asked if any discussion had taken place between
proponent and the Met Council representative. Mr. Stefferud
said there hadn't. A discussion followed regarding the
appropriateness of submitting such a letter without ade-
quate time for all parties involved to review the letter
and the situation resulting from efforts of proponent and
Staff to expedite this project.
Mr. Steilen, attorney for proponent, asked whether the
Met Council is taking the position that their agreement
in anyway overrides the City ordinance which puts a 10%
ceiling on park dedication or the state statute which ties
park dedication to the need created. Pauly responded that,
while the agreement is not abrogated, the contemplation
that in excess of 10% of the land would be available was
based upon the previous development proposal for the site
which had received preliminary approval. Pauly said that
agreement also provided that the City would not be required
to take action that is not permitted under state law should
a later development proposal occur which would not permit
dedication of the full 39 acres referred to in the agreement.
Harris noted that Ms. Whitehead might have revised her
position as to cash park fees or dedication if she had
been aware of the position of the Met Council; therefore,
she thought this is something for discussion not just with
the Council.
•
City Council Minutes -8- March 17, 1987
t
Anderson said the City has been working on acquiring
parklands and preserving this area for over 20 years.
He was concerned that we are getting caught up in some-
thing that is moving too fast and are being pushed into
making a decision too rapidly.
Bentley noted that Ms. Whitehead's letter refers to re-
zoning the property south and east of the cartway line
to "open space" with no specific proposal to dedicate
that property. He wanted to know what "open space" means,
and how that relates to an outright dedication. Enger
replied that this came about from discussions today and
was an attempt to lessen the change in the Comprehensive
Guide Plan on the southern portions of the property
towards the lake so that 13 acres would remain designated
as public open space. He said they also suggested that
the zoning in that particular area remain rural.
Bentley asked if zoning that piece as public open space
would give us more ability to preserve that area than
leaving it as rural. Enger replied that it might, depend-
ing on what our concerns are. He said public zoning on
the entire property would not allow the City as much con-
trol over further expansion of the School, but he was not
sure how it would affect any other possible development •
proposals.
Bentley said he was asking if public open space zoning
would give us something closer to a dedication in terms
of rights of use to that property by the public than if it
remains rural. Pauly said the Guide Plan designation as
such wouldn't create any rights to the public simply by
virtue of that designation.
Mr. Stefferud said they are in the same situation as be-
fore of trying to obtain protection to the park by land
acquisition. He said any land required beyond the amount
dedicated would be acquired with the $271,000 returned to
the Met Council by the City. Bentley asked if their posi-
tion is that they would require the 13-acre outright
dedication. Stefferud responded that their position is
that the agreement be followed and that a total of 13 acres
be dedication and trade/purchase.
Bentley asked how their letter and their position relates
to proponent's proposal as it stands before us. Stefferud
said the proposal is inconsistent with the Met Council's
agreement with the City. Lambert said their position
essentially is that we take as much land as we can legally
acquire in lieu or park fees.
// City Council Minutes -9- March 17, 1987
Harris asked if the Met Council has the right to approve
or deny the Guide Plan change or just the right to comment.
Peterson said they have the right of denial.
Anderson said he thought it was important to understand
where we've been going for a period of time in terms of
park dedication. For many years the City has sought
access to Bryand Lake for its residents, since it is very
difficult to get at today. He said if we lose access to
the cart trail, all of the residents to the west will lose
the easiest access to the park.
Regarding the residential character of the building,
Bentley said he didn't have a problem with the way the
buildings are proposed and didn't believe modifications
are needed to enhance the residential character. Peterson
noted that Ms. Whitehead made it clear that they would
commit to a written stipulation that there will not be
top mechanical devices.
Harris asked Ms. Whitehead if she was prepared to discuss
the question of dedicating 13 acres, or a portion thereof,
with purchase/trade for the remainder, as suggested by
the Met Council representative. Ms. Whitehead said the
trail issue did not come up until today. She said she
didn't understand why their promise to leave the land as
open space doesn't do the same thing as dedication would.
She said that they have concerns about opening up access
from the park as, unfortunately, there are certain types
of people who are attracted to schools. She said it is
very important to them to keep the lakeshore and they paid
a premium price for the property.
Anderson said he objected to their saying it was okay for
the local residents to come across their property but
it isn't okay for other Eden Prairie residents to have
access through the property.
Harris said she thought if the land resides in the park,
that doesn't preclude the school's use of it. She said
she has concerns about certain kinds of usage that would
not be appropriate.
Bentley said he thought an impasse had been reached as there
appears to be problems in terms of language, who needs
what, and what needs to be accomplished. He said he thought
the issues to be dealt with were:
1. Dedication of the floodplain area;
2. Cross easement from the park to the school to
allow them to use that property;
3. A restriction to be placed in the agreement on.
development of that particular parcel; and
J��
City Council Minutes -10- March 17, 1987
4. An agreement from the school to allow an
unrestricted public trail across the cart
track.
Ms. Whitehead said she thought their discussions had been
about two separate issues: Eden Prairie's need for a
park; and the requirement to work with Hennepin County
regarding their needs for a park. Peterson said, unfor-
tunately, the issue didn't get any simpler, but rather
got more complicated than before.
Ms. Whitehead asked if the Council wants to decide what
should happen between proponent and Hennepin County Parks
or are they only concerned with what type of land or
park fee proponent will give under the Eden Prairie ordi-
nance. Peterson said the issue has surfaced with several
different faces, and it is not the intent of the Council
to serve as a negotiating agent for the parties involved.
Bentley said he was concerned that the Council deal with
a neat, clean package with no loose ends. Pauly said he
thought it would be premature for the Councilmembers to
decide how to vote on this proposal until the issue of
park dedication is properly developed to see what would
be legally permissible.
Neil Weber, Hennepin Parks Commissioner, presented a
statement on behalf of the Suburban Hennepin Regional
Park District (Attachment A) and said Hennepin Parks
views the school as an ideal neighbor. He said their
concerns are the same as Councilmembers Anderson and
Bentley; that the City and County have worked long and
hard together on this plan and it is now very near comple-
tion. He said he would invite the school to come and
present their position to the Parks Board and that a lot
of the issues here tonight can be resolved. He said their
interest is to develop the park according to the plan and
the plan is an adjustable item; therefore, they are willing
to sit down with proponent and City Staff to try to work
out something.
Pidcock noted that the total land in the proposal is 55 { .
acres and 10% of that would be 5 acres, not 13 acres.
Weber said this would involve a combination of things,
with the possibility of dedication and purchase or cross-
use ability to be worked out to the mutual satisfaction
of all parties.
Cliff Bodine, 6400 Shady Oak Road, said he very heartily
approves of the project.
}
^U
f! City Council Minutes -11- March 17, 1987
Dean Edstrom, 10133 Eden Prairie Road, said he was in
favor of the proposal and thinks it is a tremendous
opportunity for our City. He said it is an international
institution that emphasizes high standards and would
provide Eden Prairie with an opportunity for international
publicity. He said it would help attract additional
successful industrial/commercial/residential development.
Elaine Sorenson, 7121 Willow Creek Road, said the neigh-
bors encourage negotiating some of these problems. She
said they are enthused about this school for Eden Prairie
and about what it can mean for the City.
Greg Mack, representing the Hennepin County Park Reserve
District, said that through the course of negotiations
there could be some trade out that might provide for
expanded use and thus for the emergency access, but that
this item has not been negotiated as yet.
Ed Sieber, 11792 Dunhill Road, said he was encouraged
to hear that the various parties involved are willing to
negotiate the issues to resolve the problems on this
project. He said he supports the proponent's claim that
there might be some problems that they would have no con-
trol of. He said he was concerned about the pollution
from the stables, and that he was concerned about the
manner in which the property will be handled if Hennepin
County Parks owns the 13 acres by dedication.
Don Poupard, 6251 Beach Road, said there have been four
proposals on this property in the past and he was defin-
itely in favor of this one.
Doug Bryant, representing Hennepin County Parks, said
that the bonding bill includes $1.8 million proposed for
Bryant Lake Regional Park. He said they are concerned
about the water quality and those issues will be addressed.
He said there are usually many more problems with public
park land during the time it is undeveloped than after it
is developed. They have not had the necessary levels of
support staff to really administer and operate Bryant Lake
Park as it should be since it is now an undeveloped park.
Pidcock asked if our Eden Prairie police department could
get involved in some of the problems cited in Bryant Lake
Park. City Manager Jullie said only to the extent that
there is a public crime and offense could the Park Reserve
call the Eden Prairie police. Mr. Bryant said he would
suggest that he and one of the park ranger sergeants meet
with City Staff to discuss this issue and outline a plan
to work with the staff available in order to see that
these problems don't occur.
`7J
City Council Minutes -12- March 17, 1987
Julie Molde, 7040 Willow Crrek Road, said she considers
this an opportunity in education that does not come along
very often. She believes it is a wonderful use of the
land.
Bentley noted that he, too, was very much in favor of
having this school come into the community, and that he
thinks this site is an excellent one for the school. He
said the issues outstanding are what he would classify
as technical issues that need to be resolved. In order
to resolve the issues in a time frame that meets the
criteria of the school, he said he would to willing to
set a special Council meeting should there be a need for
one. He said he did not think we would be doing the
community a service by agreeing to a proposal that, at
this moment in time, has a lot of loose ends.
MOTION: Harris moved, seconded by Pidcock, to continue
this Public Hearing, including consideration of the pro-
posed amendment to the City Code, to the first Tuesday
in April and to remand proponents to the Planning Depart-
ment Staff and other interested parties for resolution of
all outstanding issues, including those relating to the
parks.
Bentley asked if the amendment to the City Code would
have to be published as a Public Hearing. Pauly said the
publication that has been accomplished is sufficient for
that purpose as there has been a proposal to amend the
Code section. Pauly said he was concerned that the issue
of park dedication or fees may need to be developed in
the Planning Commission; however, we could avoid that if
proponents would agree that the further airing of that
issue before the Council would procedurally be appropriate.
Ms. Whitehead asked what continuation will do in terms of
what has to come next. Enger said there are several
different ways to proceed, but the Met Council'review
of the Comprehensive Guide Plan change comes into play.
He said that if all the items were resolved and only the
waiting time for the Met Council review process were in-
volved, a Developer's Agreement could be drafted in time
for the First Reading of the Zoning ordinance. Ms. White-
head asked how long before the Second Reading. Pauly said
a time lapse of three days is required between First and
Second Reading.
Pauly noted that it would be possible to submit the proposed
Comprehensive Guide Plan change to the Met Council staff
on an informal basis to ask them to start review, thereby
possibly shortening the time for the review process.
Peterson asked if we know at this point for what we are
.��1
t City Council Minutes -13- March 17, 1987
4
applying, as the provisions don't specify how much park-
land and if it will be dedicated as an outlot or if it
is a scenic easement. Pauly said he thought we could at
least get the process started. Peterson said he was
concerned on behalf of the proponent that if they submit
an amendment to the Met Council with something less than
the Met Council thinks is going to be acceptable, they
are inviting the longer process of 90 days for review.
Dirk DeVries, Met Council representative, said that if
a Guide Plan change without any significant impact on
the metropolitan system were submitted, it would probably
take 30 days to review.
Anderson said he wasn't sure that proponent had committed
on whether they wished to have it go to the Council or
the Planning Commission. Ms. Whitehead said they would
agree to Council continuance.
Peterson noted that we haven't discussed the cost appor-
tionment of the improved access from County Road 62.
Dietz recommended that, to be consistent with other proj-
ects in the past, this should be the responsibility of
the proponents.
Anderson said we also haven't discussed the zoning. He
said he thought we really need a zoning for a private
school. He said he doesn't believe the private school
belongs in a zoning of public. Peterson said we can re-
solve this by holding up the entire process, or we can
amend public zoning to include private schools.
Anderson said if we do this, we need to know what we are
getting into, as this will include all aspects of private c`
schools including Montessoris, Dunwoody Institutes, and
other types of schools.
Pauly said he wanted to clarify our understanding with
proponent as to the method of developing this question
regarding the park dedication and the procedural aspect
of it. He asked if proponent agreed that further develop-
ment of this issue may properly be done at a hearing be-
fore the Council rather than before the Planning Commission.
Mr. Steilen said they agreed.
Bentley said he was not clear as to the criteria for
what constitutes a private school. Pauly said this can
be determined in further amendments of the Code, but that
he thought the consensus was to narrowly circumscribe it.
VOTE ON THE MOTION: Motion carried unanimously.
i.-7s
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City Council Minutes -14- March 17, 1987
C. AMENDMENT OF CHAPTER 11, CITY CODE. Amending City Code
Chapter 11, Entitled Land Use Regulation (Zoning), and
Readoption of City Code Chapter 11 in its Entirety as
Amended Herein, 1) by Renumbering Several Paragraphs Under
Definitions; 2) by Including Definition for a Maximum
Base Area Ratio; 3) by Changing Special Requirements for
Filing and Recording of Legal Descriptions and Zoning
District Changes; 4) by Including a Column Designating
Maximum Base Area Ratio; 5) by Amending Mechanical Equip-
ment Screening Standards; 6) by Including Provisions for
Required Landscaping in Residential Districts; 7) by
Changing Provisions Relating to Off-street Parking Space
Requirements for Office Use and Amending Exterior Material
Design Standards to Omit Factory Fabricated and Finished
Metal Framed Panel Construction; 10) by Adding Private
Stables and Golf Courses as Permitted Uses in Rural Dis-
tricts Exclusively; 11) by Providing for a Maximum Square
Footage Requirement for Supporting Commercial Sales and
Services to Office Users within Large Office Structures;
12) by Adding a Requirement Limiting the Square Footage
Maximums for Neighborhood Commercial Services and Commun-
ity Commercial Services; 13) by Providing for a Maximum
Percentage of Gross Building Area That Supporting Minor
Commercial Uses Can Occupy in Industrial Districts; 14)
( by Adding a Requirement to Specify "End Land Use" After
Land Aleration Occurs and Identify Zoning of Property After
Land Alteration Occurs Under Section Entitled Mining
Operation and Land Alteration Regulations; 15) by Providing
for a Maximum Size of Name Plates as Permitted Under Home
Occupation Code; 16) by Renumbering Several Paragraphs
Under Subdivision 2, Entitled Sign Permits; 17) by Adding
a Definition for Sign Base; 18) by Adding Area Identifi-
cation Regulation Criteria Under Subdivision 3 Entitled
General Provisions; 19) by Adding Sign Base Criteria
Under Residential Districts; 21) by Amending That Portion
of the Commercial Sign Ordinance by Consolidating Per-
mitted Commercial Sign Criteria Under One Heading for All
Commercial Districts; 22) by Deleting Paragraph D of Sub-
division Four of Section Entitled Sign Permits; 23) by
Amending That Portion of the Office Sign Ordinance by
Including Provisions for Wall Signs for Each Elevation
and Including Sign Base Criteria; 24) by Adding Sign
Base Criteria to Industrial Districts; 25) by Adding Sign
Base Criteria to Public Districts; 26) by Relettering
Paragraphs under Section Entitled Sign Permits; 27) by
Adopting Zoning Map Entitled "Zoning Map of the City of
Eden Prairie," dated January, 1987; and 28) Readoption of
City Code Chapter 11 in its Entirety as Amended Herein.
(Ordinance #9-87)
33 ,
City Council Minutes -15- March 17, 1987
Bentley said he had not had a chance to really look at
this very large issue and would like to continue it.
He said he would like to have Staff reorganize the in-
formation provided so that the housekeeping-type items
are in a separate section from the more substantive items.
Planning Director Enger said they will reorganize the
Staff memo of February 25th; however, there are two staff
members here this evening to answer questions.
Peterson said he had read the memo and didn't see anything
controversial or very substantive. He asked if there are
any items that should be flagged for more in-depth dis-
cussion. Enger said the Planning Commission reviewed
this at three different meetings and did not have exten-
sive discussion on any of the items. He said it serves
to close some gaps and to make some adjustments in the
Code that have essentially been in effect for several years.
Bentley said he was not sure about what the long-term
implications of some of the items might be.
Anderson asked if there is anything that is pressing so
that we need to make these changes soon. Enger replied
that none of the items were pressing. Anderson suggested
that we continue it to the next meeting and that those
Councilmembers who have questions contact Staff and have
them resolved.
MOTION: Pidcock moved, seconded by Harris, to continue
this item to the next regular meeting of the City Council
on April 7, 1987. Motion carried unanimously.
D. WILLIAMS' MINI-STORAGE, by Bob Williams. Request for
Rezoning from Rural to I-2 Park for 0.5 acres for construc-
tion of mini-storage warehouse. Location: East of
Highway 169, south of Anderson Lakes Parkway. (Ordinance
#11-87)
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified.
Referring to the Staff Memorandum of March 13th, Planning
Director Enger reviewed the details of this request. He
said this is really a housekeeping item that would match
the legal description of the property with the boundaries
of the property on the approved site plan.
There were no comments from the audience.
City Council Minutes -16- March 17, 1987
MOTION: Bentley moved, seconded by Harris, to close
the Public Hearing and to give 1st Reading of Ordinance
No. 11-87 for rezoning from Rural to I-2 Park for 0.5
acres. Motion carried unanimously.
E. YEAR XIII PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM
Planning Director Enger called attention to the Staff
memo of March 13th outlining the proposed activities
list.
Pidcock asked if the Scattered Site Housing Assistance
is just for lots. Enger said last year's funds were
used for one lot. He said they may suggest that a por-
tion of this year's funds be used for townhouses because
of the smaller cost involved.
Grace Norrison, Greater Minneapolis Day Care Association
representative, said they administer the child-care sub-
sidy funding, She said she has recently learned of a
greater need in this area and would like to request more
than the suggested amount of $10,000.
Enger said the suggested amounts were based on letters of
request, but it would be possible to shift money from the
Scattered Site Housing Assistance.
Norrison said it takes about $2500 per child each year.
Bentley asked if the goal is three families for this year
for the Scattered Site Housing program. Enger said that
was true. Bentley then asked if there is an idea of any
amount of dollars required to make the goal of three
families. Enger said we would have to not subsidize
single-family lots and go towards townhouses.
Pidcock asked how many applied for the gcattered Site
Housing program. Enger said 16 asked for applications,
based on the way in which it was advertised with a limit
to families of four. He said only two finally applied,
and ultimately only one of them was bought for.
Anderson said he was very concerned about day care, es-
pecially for those single parents who are trying to get
an education or a better job; therefore, he would prefer
to add more money to the child-care fund.
MOTION: Anderson moved, seconded by Pidcock, to approve
the proposed Community Development Block Grant (CDBG)
6 7
r
City Council Minutes -17- March 17, 1987
Program funding for Year XIII, with the changes to
$15,000.00 for the Greater Minneapolis Day Care Associa-
tion and to $36,741.00 for Scattered Site Housing
Assistance. Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 33270 - 33612
MOTION: Bentley moved, seconded by Pidcock, to approve the
Payment of Claims Nos. 33270 - 33612. Roll call vote:
Anderson, Bentley, Harris, Pidcock, and Peterson voted "aye."
Motion carried unanimously.
VI. ORDINANCES & RESOLUTIONS
There were none.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. BERNE ADDITION, by Donald and Harriet Berne. Request for
Preliminary Plat of 1.04 acres into two lots, with frontage
variances to be reviewed by the Board of Appeals. Location:
7332 Franklin Circle. (Resolution #87-73, Preliminary
Plat)
City Manager Jullie noted that, while this is not a formal
Public Hearing process, property owners within the project
vicinity had been notified.
Planning Director Enger said the Planning Commission re-
viewed this item at their last meeting and recommended
approval, subject to the recommendations in the Staff
Report of March 6, 1987, and subject to the obtaining of
a variance for lot frontage from the Zoning Board of
Appeals. He said this is a request for Preliminary Plat
of 1.04 acres into two lots.
There were no comments from the audience.
MOTION: Harris moved, seconded by Pidcock, to adopt
Resolution No. 87-73, approving the Preliminary Plat of
Berne Addition for Donald and Harriet Berne, with vari-
ance for lot frontage subject to review by the Zoning
Board of Appeals. Motion carried unanimously.
B. TOPVIEW ACRES 5TH ADDITION, by Jerrold T. and Cris Miller.
Request for Preliminary Plat for 3.7 acres into six single
family lots and one outlot. Location: Northwest quadrant #,
of Gerard Drive and Beehive Court. (Resolution #87-74, A 'r
Preliminary Plat)
Planning Director Enger said this is a further subdivision
of the Jerrold Miller property located on Gerard Drive,
�Tv
(( City Council Minutes -18- March 17, 1987
(
He said this request for Preliminary Plat of 3.72 acres
into six single-family lots and one outlot was reviewed
by the Planning Commission on March 9th. The Planning
Commission recommended approval of the Preliminary Plat,
subject to the recommendations of the Staff Report of
March 6th, Enger said the Arbor Glen subdivision to the
west of this did not back up the trail connection from
Topview Acres, so the Outlot B area goes nowhere. He
said the proposed trail connection serves no purpose with
Arbor Glen approved as it was.
Director of Community Services Lambert reviewed the loca-
tion and history of trails in the area.
A discussion followed regarding the status of the trails.
Anderson noted that what we have is a dead-end trail.
MOTION: Anderson moved, seconded by Harris, to adopt
Resolution No. 87-74, approving the Preliminary Plat of
Topview Acres 5th Addition for Jerrold T. and Cris Miller.
Motion carried unanimously.
C. PRAIRIE VIEW 2ND ADDITION, by Prairie View Associates.
Request for Preliminary Plat of 14.6 acres into two lots.
Location: North of Plaza Drive, east of Prairie Center
Drive. (Resolution #87-75, Preliminary Plat)
Planning Director Enger said the creation of this outlot
as a part of Prairie View Center is for the purpose of
providing additional parking to account for changes in
some of the uses of the center. He said the Planning Com-
mission reviewed the item at the March 9th meeting and
recommended approval on a 4-0 vote, subject to recommenda-
tions of the Staff Report of March 6, 1987.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Anderson, to adopt
Resolution No. 87-75, approving the Preliminary Plat of
Prairie View 2nd Addition for Prairie View Associates,
subject to the recommendations of the Staff Report of
March 6, 1987, Motion carried unanimously.
D. Request of Hennepin County for Final Plan Approval for
Baker Road Improvement Between C.S.A.H. #62 and Roberts
Drive and Approval of Cooperative Construction Agreement
(Resolution #87-72)-
Director of Public Works Dietz reviewed his memo of March
11, 1987, regarding the agreement with Hennepin County on
improvements to Baker Road. He said it provides that the
City would participate to the extent of $655,181.73. He
City Council Minutes -19- March 17, 1987
said that all of the issues raised by the Council at
the preliminary review of this project are included in
the agreement. He said the County is trying to get the
project going, and they will sent it on to MnDOT as soon
as it receives Council approval.
Bentley asked how the City will fund its share. Dietz
replied there is a road fund that will serve as the
source.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Harris, to adopt
Resolution No. 87-72, Baker Road Improvement Agreement
with Hennepin County DOT. Motion carried unanimously.
VIII. REPORTS OF ADVISORY COMMISSIONS
There were no reports.
IX. APPOINTMENTS
A. Bicentennial of the U.S. Constitution - 1 Appointment
Peterson said David Anderson of the School Board, had
just recently received the letter regarding this appoint-
ment. He said Mr. Anderson will bring it up this Thurs-
day evening; in the meantime, Mark Weber is planning to
coordinate with the rest of the Committee. Once the
recommendation from the School Board is known, this item
will be brought back for Council approval.
B. Appointment of Councilmember to Work with Mayor and Staff
on Landfill Issues
Peterson said City Manager Jullie and he have met often
with various individuals and groups on this issue to talk
about strategy and share information. He said they be-
lieve it would be helpful to have one other Councilmember
become more involved in this issue.
Pidcock nominated Councilmember Anderson for this appoint-
ment.
A discussion followed regarding time and frequency of
meetings on this issue.
MOTION: Pidcock moved, seconded by Harris, to close the
nominations and to cast a unanimous ballot for the appoint-
ment of Councilmember Anderson to work with Mayor Peterson
and Staff on the landfill issues.
677
City Council Minutes -20- March 17, 1987
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Set Time/Date for Meeting of Canvassing Board
MOTION: Anderson moved, seconded by Harris, to set
a meeting of the Eden Prairie Canvassing Board for
Friday, March 20, 1987, at 3:00 PM in the City Hall
Lunchroom to approve the results of the Park Bond
Referendum. Motion carried unanimously.
2. City Manager Performance Review Form and Procedure
for Future Salary Adjustments
Bentley said after more thorough review of this docu-
ment he would like to commend Councilmembers Harris
and Pidcock and Natalie Swaggart on a very fine
job. He said the question of how to deal with the
goals is still a question that we have to answer;
however, as a long-term document he thought this will
serve very well.
MOTION: Anderson moved, seconded by Bentley, to
( approve the final draft of the City Manager Perfor-
mance Evaluation Form.
Harris noted that the goals for each year would need
to be established annually through discussion of the
Council and the City Manager.
VOTE ON THE MOTION: Motion carried unanimously.
MOTION: Harris moved, seconded by Pidcock, to add
to the Agenda for the Special City Council meeting
scheduled for Tuesday, March 24, 1987, the discussion
and determination of the goals which will be used to
measure the City Manager's performance. Motion carried
unanimously.
Bentley said he would suggest that Mr. Jullie be
prepared to come with some recommended goals and
objectives and that the Councilmembers should also
have prepared their suggested goals for Mr. Jullie.
Harris noted that the memo of March 12, 1987, regarding
the procedure for City Manager's salary adjustments,
was quite self-explanatory. L.!'
Bentley said he had some concerns with the recommenda-
tions regarding changing the time for the review to
City Council Minutes -21- March 17, 1987
1
coincide with other salary reviews and setting a
salary range. He said he did not want to limit our
future ability to arbitrarily set a salary figure;
thus we should not lock ourselves into a range, per se.
Peterson said it does not say we are bound to stay
within the range. Bentley noted that was okay, as
long as there is an understanding of that.
Harris said the purpose of the salary range is to
provide some measure of information that assumes
equity when we are making judgments.
A discussion followed regarding the time for the
salary review.
MOTION: Harris moved, seconded by Pidcock, to adopt
the policy outlined in the March 12, 1987 memorandum
regarding the process for determining the City Manager's
future salary adjustments. Motion carried unanimously.
3. Meeting with Steve Keefe, new Chairperson of the
Metropolitan Council
Peterson said he and Mr. Jullie had discussed the
possible advantages of inviting Steve Keefe, the new
Chair of the Met Council, to come to Eden Prairie to
meet with some of our Staff, to tour the area and
perhaps to meet with the Council for lunch.
A discussion of the possible dates followed with no
consensus arrived at. Peterson said they would work
to find another date if Councilmembers felt this
is something that would be beneficial.
Bentley asked how we would deal with that in the
public meeting forum. Peterson suggested we could
set a meeting date and invite the media to attend.
MOTION: Pidcock moved, seconded by Anderson, to
direct Staff to pursue the possibility of arranging
a meeting with Mr. Steve Keefe of the Metropolitan
Council. Motion carried unanimously.
4. Peterson - 1-494 Corridor Update
Peterson said the Corridor Commission is at the point
where they are looking at specific recommendations
so it is getting much more interesting. He said
invitations to residents and businesses along the
entire corridor will go out for a meeting on Wednes-
day, May 6th at the Edina Community Center. He said
( City Council Minutes -22- March 17, 1987
(
Council members are invited and encouraged to attend
this public information meeting. He said the staff
people are willing to go to Council meetings follow-
ing the public meeting, which in our case would be
the May 19th meeting as the first opportunity for
such a presentation.
MOTION: Harris moved, seconded by Pidcock, to ask a
representative of the I-494 Corridor Commission to
attend the May 19, 1987 City Council meeting. Motion
carried unanimously.
5. Bentley - Report on Transportation Advisory Board
Subcommittee
Bentley said he had been involved in a subcommittee
report on the Highway Jurisdictional Transfer Study
for the Transportation Advisory Board. He said the
final draft will be reviewed at an Association of
Metropolitan Municipalities meeting tomorrow morning
at 10:00, at a Highway Jurisdictional Transfer Com-
mittee meeting at 11:30, and at the Transportation
Advisory Board meeting in the afternoon. He said
the report has gotten very general about the fact that
( roads cannot be just arbitrarily transferred but
rather there must be some legislative means of settl—
ing jurisdictional transfer issues. He said he has
insisted on including reference to the fact that the
financial impacts to both the transferrer and the
transferee must be considered.
6. Anderson - Report on Meeting with Minnesota Valley
Wildlife Preserve
Anderson said he met with representatives from Bloom-
ington and Shakopee last Tuesday at the Minnesota
Valley Wildlife Preserve area. He said the Wildlife
area representatives would like to know if there are
ways that they could work to publicize the Wildlife
area in the community or to help work with the com-
munity on some of our recreational needs. He said they
have purchased land for a scenic easement in Eden
Prairie along the Bluffs, and they are willing to
work with the City in using trails.
He said they are also willing to work with us on the
goose problem, but we would have to make a request
for their assistance for any of these items, He said
there is a great deal of potential here for the com-
munity, and he would like to have Staff work on this
and come back with a recommendation. City Manager
Jullie said he would talk to Staff about the potential.
City Council Minutes -23- March 17, 1987
B. Report of City Manager
1. Discussion on Communication
Peterson asked for further discussion on his memo
of March 3rd regarding communication.
Bentley asked if he is essentially talking about
cablecasting the Council meetings and resurrecting
the old "Happenings" cable show. Peterson said that
was correct. Bentley said, while there is a question
as to how many people would watch the show, there is
also an obligation on the part of the City to make it
available.
MOTION: Harris moved, seconded by Bentley, to direct
Staff to explore the feasibility of regularly cable
casting the Council meetings, and the feasibility of
a periodic (quarterly, monthly or weekly) cable show.
specifically related to issues, persons and events
that affect Eden Prairie, as outlined in Mayor Peter-
son's memo of March 3, 1987, regarding communication.
Motion carried unanimously.
2. Proposed Policy on Smoking at City Hall
Anderson said he would like to extend the policies
to include all City-owned vehicles. City Manager
Jullie said he hadn't had a chance to think about how
that would works however, he would agree with that
for vehicles with two or more employees. He said he
was concerned about banning it from all vehicles
because there are some police officers who are in the
cars alone.
Harris said it would be difficult to enforce such a
ban on all vehicles.
Anderson said he was also concerned about smoking as
a health hazard for people that work for the City.
Peterson said we are not adopting this policy to
prevent people from smoking but rather are protecting
enclosed environments for the sake of non-smokers.
MOTION: Bentley moved, seconded by Harris, to approve
the policy on smoking at the new City Hall and other
City buildings, as outlined in the staff memorandum
of March 13, 1987, and with the recommendation that
the policy include a consideration of no smoking in
City-owned vehicles. Motion carried unanimously.
>n.�
City Council Minutes -24- March 17, 1987
3. New Fire Station & Fire Station Remodelings
Bentley said he wanted to congratulate those in-
volved on a good job of designing the building.
Ron Johnson, representing the Fire Department, said
the colors were selected by the neighborhood resi-
dents, and they had generally tried to work with the
neighbors on the building plans.
Anderson said that this is the type of fire station
that fits in very well with Eden Prairie and it is
something of which the community will be very proud.
MOTION: Bentley moved, seconded by Pidcock, to
authorize the preparation of plans and specifications
for the new fire station and fire station remodelings
and the advertising for bids for those projects.
Motion carried unanimously.
4. Update on Move to New City Hall
City Manager Jullie said the move is set for a week
from Friday, and that Thursday will be spent in packing
for the move. He said the next regular meeting of
the Council will be held at the new building.
C. Report of City Attorney
The City Attorney's report was given at the special
session following the meeting.
D. Report of Director of Planning
There was no report.
E. Report of Director of Community Services
There was no report.
F. Report of Director of Public Works
There was no report,
XI. NEW BUSINESS
There was none.
XII. ADJOURNMENT
The Council adjourned at 12:25 AM to a special session with
City Attorney Pauly to discuss matters in litigation.
J '7J
(ATTACHMENT A)
TESTIMONY OF THE SUBURBAN HENNEPIN REGIONAL PARK DISTRICT
PRESENTED TO THE EDEN PRAIRIE CITY COUNCIL
Tuesday, March 17, 19B7
regarding the International School of Minnesota
on property adjoining Bryant Lake Regional Park
Mr. Mayor, Members of the Council, thank you for the opportunity to appear
here tonight on behalf of Hennepin Parks to discuss our concerns relative to
the proposal before the City of Eden Prairie.
As I am sure you can anticipate, Hennepin Parks has several concerns relative
to this proposal which we would like you to consider in your deliberations.
Hennepin Parks acquired title to Bryant Lake Regional Park from the City of
Eden Prairie in July, 1981. Specifically, the transfer agreement authorized
Hennepin Parks to acquire all, or a portion, of the parcel on which the
International School is proposed and committed the City to acquire a portion
of the site for the Regional Park through parkland dedication. This transfer
of ownership took place because it was more appropriate for the Suburban
Hennepin Regional Park District to own and operate regional parks than for the
City of Eden Prairie to do so. Hennepin Parks commends the City for acquiring
this property for park purposes in the early 1970's. The fact that the City
was able to do so (using federal, state, and Metropolitan Council funds) is a
testimony to the City's vision in preserving open space and providing needed
outdoor recreation opportunities.
Subsequent to the transfer, the City, the Metropolitan Council, and Hennepin
Parks negotiated agreement on the plan to acquire additional property from the
parcel on which the International School is proposed. At that time, this
property was owned by Metram and was proposed for development of multifamily
( housing. As a result of extensive negotiations, it was determined that the
City would acquire approximately 34 acres from Metram for sale to Hennepin
Parks, using Metropolitan Council regional funds to finance the acquisition.
This agreement has been incorporated into the Bryant Lake Regional Park Master
Plan, which was approved by the City on June 15, 1982 and subsequently
reaffirmed on November 18, 1986.
After the initial transfer agreement was reached, Hennepin Parks acquired the
Hanley parcel which is surrounded by the property now being proposed to be
used by the International School. The cost of acquisition for this parcel,
including all of the structures, relocation assistance, etc. was $173,000. In
accordance with our agreement with the City, Hennepin Parks has begun to raze
the structures. The plan before you would render this investment worthless.
It is incumbent upon the City, Hennepin Parks, and the Metropolitan Council to
assure that this public expenditure is not "lost", but rather, is fairly
mitigated.
The initial agreement which called for 34 acres of parkland to be dedicated,
intended that much of the area would be used for pastureland to support the
stable operation and trail activities. Subsequently, Hennepin Technical
Centers have indicated that they can, with a moderate size program,
accommodate their equestrian program at the Park without the additional
pastureland contemplated. As a result, Hennepin Parks can reduce the amount
of land needed for park purposes to approximately 13 acres, as shown on the
map. These 13 acres would protect the lakeshore and Creek valley's public
ownership, allowing maximum control and management of the water quality of
Bryant Lake.
Li`_
J •
We propose that the City insist that the International School trade property
with the Park District and otherwise provide for these 13 acres to become part
of the regional park, as a condition of approval. We believe it is, in part,
the City's obligation to do so (in cooperation with us) because we invested,
in "good faith", in the Hanley property on the basis of the plan reviewed and
adopted by the City. Modifications to these plans should continue to protect
the Park District's investment. Indeed, within the last year, the City has
reaffirmed its commitment to use its best efforts to acquire through
dedication a portion of this parcel.
The Metropolitan Council and the Parks and Open Space Commission also have a
stake in this proposal. The Metropolitan Systems Statement which the City
used in preparing its comprehensive plan, which was submitted to the
Metropolitan Council, incorporated this property as regional parkland. If our
recommendation is accommodated, we believe the City has fulfilled its
requirement in this regard. If not, Metropolitan Council approval will be
necessary to change the plan, as presented by the International School.
Lastly, we would like to speak to the proposed secondary access to the School,
crossing through park property and the Bryant Lake stable operation. It is
our contention that the International School has no right of travel across the
Park District's property for this expanded use. Conversely, the Park District
does maintain a legal easement across the School's property to provide access
to the Hanley parcel. We strongly oppose the concept of a secondary access
through the Park. The traffic will be very detrimental to the use of this
area by the stable and the general public, as it relates to the trails
throughout the Nine Mile Creek valley which is encompassed by Bryant Lake
Regional Park.
Lei
If the City determines that a secondary access is necessary, a different route
should be found - one that does not negatively impact upon the regional park
and the recreational activities which it will support.
Thank you again for the opportunity to address the City on these issues. We
believe our "compromise position" calling for 13 acres is a fair one. We are
willing to trade the former Hanley property to the International School in
order to accommodate this compromise. We feel the resultant development will
be acceptable to the International School, Hennepin Parks, and the City. It
is important to note that the proposal which we make today is very similar to
one which the City incorporated in its regional park plan for Bryant Lake in
the early 1970's when it first began to pursue federal, state, and regional
funds for acquisition of this land. It is consistent over time, it protects
the public's interest, and it accommodates the proposed development of the
International School of Minnesota. Thank you.
1
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CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
April 7, 1987
CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING (CON'T)
Ron Hopfensperger Wood & Design State Mechanical, Inc.
Randall D. Mattson Remodeling Zachman Plumbing
Oakwood Builders, Inc.
Quality Pools & Soas GAS FITTER
David Wayne Construction
Blaylock Plumbing Co.
Controlled Air
CONTRACTOR (1 & 2 FAMILY) D. J.'s Heating & Air Conditioning
Fredrickson Heating & Air Cond.
A & G Builders Hoffman's, Inc.
A Plus Realty, Inc. Krumholz Co.
D & R Construction Merit Heating & Air Conditioning
Dawn Construction Midwestern Mechanical
Earth-N-Wood, Inc. R. & E. Nelsen Plumbing & Heating
Emmyco Homes, Inc. Northland Mechanical Contractor
Harvey Homes, Inc. Northwest Heating & Air Conditioning
Hi-Tec Homes, Inc. Rouse Mechanical
Mark Johnson Construction Schulties Plumbing,Inc.
Kopfmann Construction Dale Sorenson Company
( Kevin Moynihan Homes Spartan Mechanical, Inc.
Parkwood Builders, Inc.
Priem Homes HEATING & VENTILATING
Top Cut, Inc.
Touve Construction Bell Aire Heating .& Cooling
Tricon Builders, Inc. Controlled Air
K. C. Winchell Co., Inc. Fredrickson Heating & Air Conditioning
Hoffman's, Inc.
PLUMBING Hoov-Aire, Inc.
Judkins Heating & Air Conditioning
Blaylock Plumbing Co. Merit Heating & Air Conditioning, Inc.
Borman Plumbing Midwestern Mechanical Corporation
Dave Dempsey Plumbing R. & E. Nelsen Plumbing & Heating
R. C. Hoffman Plumbing Northland Mechanical Contractors
Krumho1z Co. Northwest Heating & Air Conditioning
Bill Londer Plumbing O'Keefe Mechancial, Inc.
Midwestern Mechanical Owens Services Corooration
Jim Murr Plumbing Rouse Mechanical
R & E Nelsen Plumbing
Nieman Plumbing UTILITY INSTALLER
Norms Plumbing
Northland Mechanical Cont.. Midwestern Mechanical Corporation
Nova Frost,Inc. State Mechanical, Inc.
Plymouth Plumbing
Schulties Plumbing CIGARETTE
Seitz Bros, Inc.
Dale Sorenson Company J. B. 's Deli
South/West Metro Plumbing Jimmy Jingle, Inc.
Spartan Mechanical, Inc. Tom Thumb Store
(3-?9
CLERK'S LICENSE APPLICATION LIST
cage two
3.2 BEER OFF SALE PRIVATE KENNEL
Tom Thumb Store April Dike
TYPE C FOOD COMMERCIAL KENNEL
Tom Thumb Store Kngdele Kennels
TYPE A FOOD
3.2 BEER ON SALE
Jerry's Foods
Beijing Restaurant
REFUSE HAULER
Crosstown Sanitation Corporation
These licenses have been approved b.y the department heads resnonsible for
the licensed activity.
Pat Solie, Licensing
`-1 U
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-65
A RESOLUTION APPROVING FINAL PLAT OF
BLUESTEM HILLS 2ND ADDITION
WHEREAS, the plat of BLUESTEM HILLS 2ND 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 BLUESTEM HILLS 2ND ADDITION is
approved upon compliance with the recommendation of the City
Engineer's report on this plat dated March 31, 1987.
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 April B, 1987.
Gary D. Peterson, Mayor
ATTEST SEAL
John D. Frane, Clerk
CITY OF EDEN PRAIRIE •
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
Eugene A. Dietz, Director of Public Works
FROM: Jeffrey Johnson, Engineering Technician`) '
�
DATE: March 31, 1987 J
SUBJECT: BLUESTEM HILLS 2ND ADDITION
PROPOSAL: Brown Land Company has requested City Council approval of the Final
Plat of Bluestem Hills 2nd Addition, a single family residential
• subdivision located south of Bennett Place, north of Purgatory
Creek in the South half of Section 25. The plat contains 7.40
acres to be divided into 24 lots and right-of-way dedication for
street purposes. The plat is a replat of outlots A, B, and C of
Bluestem Hills 1st Addition.
HISTORY: The Preliminary Plat was approved by the City Council August 19,
1966, per Resolution 86-2D4.
Second reading of Ordinance 45-86, changing zoning from rural to
R1-13.5, was finally read and approved at the City Council meeting
held September 16, 1986.
The developer's agreement referred to within this report was
executed September 16, 1986.
VARIANCES: All variance requests must be processed through the Board of
Appeals.
UTILITIES AND STREETS: All municipal utilities, roadways and walkways will be
installed in conformance with City standards and the requirements
of the developer's agreement. Presently, there is a feasibility
study underway for local improvements to Bennett Place from
Creekridge Drive to Bluestem Lane. The Bluestem project includes a
permanent lift station that could be eliminated with a gravity
sewer. The cost and environmental damage of a gravity system make
the lift station a more feasible option. In accordance with the
Developer's Agreement, the proponent has agreed to install the lift 1
station at his cost and pay the City a cash amount to cover the
perpetual maintenance of the installation. Staff has determined i
that $63,000.00 invested, would pay these costs. However, if the
gravity system would have been built, the City would have been
obligated to maintain it and an inverted siphon to 1
2 _ i-
carry the sewage flow under Purgatory Creek. The estimated
present worth of this ongoing maintenance is $8,000.00;
therefore, the net amount due for maintenance would be $55,000.00
These funds should be received prior to release of the Final
Plat. In addition, the developer shall submit appropriate design
data to show that the lift station will adequately serve the
remaining area tributory to the sewer system.
PARK DEDICATION: The requirements for park dedication are covered in the
developer's agreement.
BONDING: Bonding will conform to City Code and the developer's agreement.
RECOMMENDATION: Recommended approval of the Final Plat of Bluestem Hills 2nd
Addition subject to the requirements of this report, the
developer's agreement, and the following:
I. Receipt of street lighting fee of $2,816.00.
2. Receipt of engineering fee of $960.0D,
3. Receipt of documentation of service area for list station.
4. Receipt of $55,000.00 for perpetual maintenance costs of lift
station.
5. Satisfaction of bonding requirements.
JJ:ss
cc: Ron Krueger & Associates
Brown Land Company
Sally & Dave Brown
J
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-77
A RESOLUTION APPRDVING FINAL PLAT OF
BLUFFS WEST 6TH ADDITION
WHEREAS, the plat of Bluffs West 6th 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 Bluffs West 6th Addition is approved
upon compliance with the recommendation.of the City Engineer's
report on this plat dated March 31, 1987,
B. Variance is herein granted from City Code 12.20 Subd. 2.A.
waiving the six month maximum time elapse between the approval
date of the preliminary plat and filing of the final plat as
described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified
copy of this Resolution to the owners and subdividers of the
above named plat.
D. 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 April 7. 1987.
Gary D. Peterson, Mayor
ATTEST SEAL
John IL Frane, Clerk
7Ot
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
Eugene A. Dietz, Director of Public Works
FROM: Jeffrey Johnson, Engineering Technician
DATE: March 31, 1987
SUBJECT: Bluffs West 6th Addition
(Formerly Bluffs East 5th Addition)
PROPOSAL: The Developer, Hustad Development Corporation, has requested City
Council approval of the Final Plat of Bluffs West 6th Addition,
located east of Homeward Hills Road and west of Purgatory Creek in
the North 1/2 of Section 36. Through the rezoning and preliminary
platting procedure, this site was referred to as Bluffs East 5th
Addition, and is a replate of Dutlot J of Bluffs West Addition.
The proposed plat contains 15 single family residential lots on 8.7
acres, and Outlot A containing 13.48 acres.
HISTORY: The Preliminary Plat was approved by the City Council May 20, 1986,
per Resolution B6-101.
Zoning change from Rural to PUD 3-86 was finally read and approved
by the City Council August 19, 1986, per Ordinance No. 24-86-PUD-3-
B6.
The Developer's Agreement referred to within this report, titled
Bluffs East 4th & 5th Addition, was executed at the City Council
meeting held August 19, 1986.
VARIANCES: A variance from the requirements of City Code 12.20, Subd 2.A,
waiving the six month maximum time elapse between the Preliminary
Plat approval date and filing of the Final Plat will be necessary.
All other variance requests must be processed through the Board of
Appeals.
UTILITIES & STREETS: Municipal utilities and streets will be extended to serve
this site by the developer in conformance with city standards. A
temporary lift station will be necessary to serve the site with
sanitary sewer. In accordance with the Developer's Agreement, the
Developer has agreed to pay the installation and the ongoing
maintenance costs of the lift station. Staff has determined that
$37,000.00 invested, will provide maintenance funds for the
estimated ten year service life of the lift station. Prior to
'10
Page 2 Final Plat Bluffs West 6th Addition March 31, 1987
release of the Final Plat, Developer shall provide the City with
these funds. If the lift station can be replaced by a gravity
system prior to ten years, the prorated amount of the cash deposit
can be refunded to the Developer. A cross access easement for
driveway purposes shall be provided prior to release of the Final
Plat.
PARK DEDICATION: Park dedication will conform to the requirements of City Code
and the Developer's Agreement.
Scenic or conservation easements, conforming to the requirements of
Purgatory Creek Study, must be provided prior to release of the
plat.
BONDING: Bonding will conform to City Code and the Developer's Agreement
requirements.
RECOMMENDATION: Recommend approval of the Final Plat of Bluffs West 6th
Addition subject to the requirements of this report, the
Developer's Agreement, and the following:
1. Receipt of street sign fee of $345.00.
2. Receipt of street lighting fee of $1,943.00.
3. Receipt of engineering fee of $600.00.
4. Receipt of $37,000.00 for ongoing maintenance costs of
temporary lift station.
5. Satisfaction of bonding requirements.
6. Receipt of final street and utility plans designed to the
satisfaction of the Director of Public Works.
7. Receipt of cross access easement for Lots 7 & 8.
8. Receipt of conservation easements.
JJ:ss
c: Mr. Wallace Hustad
Hedlund Engineering
I -.
_ i
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 87-78
RESOLUTION RECEIVING FEASIBILITY REPORT
AND SETTING PUBLIC HEARING
WHEREAS, a report has been given by the City Engineer to the City Council
recommending the following improvements to wit:
I.C. 52-109, Sunnybrook Road, Street and Utility Improvements
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: :
1. The Council will consider the aforesaid improvements in accordance
with the report and the assessment of property abutting or within said
boundaries for all or a portion of the cost of the improvement
pursuant to M.S.A. Section 429.0II to 429.111, at an estimated total
cost of the improvements as shown.
2. A public hearing shall be held on such proposed improvement on May 5,
1987 at 7:30 P.M. at the Eden Prairie School Administration Building,
8100 School Road. The City Clerk shall give published and mailed
notice of such hearing on the improvements as required by law.
ADOPTED by the Eden Prairie City Council on April 7, 1987.
Gary D. Peterson,Mayor
ATTEST: SEAL
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE, Nlt:ral:sOTA
f IDOL PETITION FOR LOCAL 3t11'l.OVCMrs:TS
•
TO THE EDEN PRAIRIE CITY COUNCIL:
The undersigned are all the fee owners of the real property described
below and herein petition for the Eden Prairie City Council to proceed
with making the following described improvements:
(General L,ocat ion)
g Sanitary Sewer From Manhole 1 to Manhole R only_
(RK & A plans)
water-main From Manhnln i to Manhnlc8_-only--
(RK & A plans)
Storm Sewer
Street Paving
Other
Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any
public hearing to he held on said improvements, and further state and
agree that the total cost of said improvements shall be specially a.s-
sessed against the property described below in accordance with the
` City's special assessment policies. We further understand that the .,s
preliminary, estimated total cost for the said improvements isir yt2oa
Street Address or other Legal • • Names and addre:ses of Fetitloners
Description of Pr-oPerty to be Served (Must be owner& of record)
Shady Oak Bides / / - -
(For City Use)
•
Rate Received MAPtr} &',/7
Project No. �2-//9
Cnuneil Consideration. AP,+za ?/SIo}-7 - -
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-79
A RESOLUTION APPROVING FINAL PLAT OF
PRAIRIE ACRES
WHEREAS, the plat of Prairie Acres 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 Prairie Acres is approved upon
compliance with the recommendation of the City Engineer's`
report on this plat dated March 31, 1987.
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 April 7, 1987.
Gary D. Peterson, Mayor
ATTEST SEAL
John D. Frane, Clerk
-109
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor and City Council Members
THRDUGH: Carl Jullie, City Manager
Eugene A. Dietz, Director of Public Works
FROM: David L. Olson, Senior Engineering Technician,
DATE: March 31, 1987
SUBJECT: PRAIRIE ACRES
PROPOSAL: Michael Sutton has requested City Council approval of the Final
Plat of Prairie Acres a single family residential subdivision
located south of Pioneer Trail and west of Bennett Place in the
North 1/2 of Section 26. The plat contains 6.24 acres to be
divided into 13 lots. Right-of-way dedication for Purgatory Road
and Bennett Place are included.
HISTDRY: Zoning to R1-13.5 was finally read and approved by the City Council
on January 20, 1987, per Ordinance 59-86.
The Preliminary Plat was approved by the City Council on December
2, 1986 per Resolution 66-294.
The Developer's Agreement referred to within this report was
executed on January 20, 1987.
VARIANCES: All variance requests must be approved by the Board of Appeals.
PARK DEDICATION: The requirements for park dedication are covered in the
Developer's Agreement and shall conform to City Code requirements.
BONDING: Bonding shall conform to City Code requirements.
UTILITIES AND STREETS: All municipal improvements will be installed by the
Developer in conformance with City standards.
RECOMMENDATIDN: Recommend approval of the Final Plat of Prairie Acres subject
to the requirements of this report, the Developer's Agreement and
the following:
1. Receipt of street sign fee in the amount of $203.00.
2. Receipt of street lighting fee in the amount of $1,331.00.
3. Receipt of engineering fee in the amount of $520.00.
4. Satisfaction of bonding requirements.
cc: Ronald Alwin
Michael Sutton
Orlyn Miller
110
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-81
RESOLUTION RECEIVING 100% PETITION,
ORDERING IMPROVEMENTS & PREPARATION
OF PLANS AND SPECIFICATIONS FOR
PUBLIC IMPROVEMENTS FOR
I.C. 52-119
Utility Improvements for Shady Oak Ridge
8E IT RESOLVED by the Eden Prairie City Council:
1. The owners of 100% of the real property abutting upon and to
be benefitted from the proposed utility improvements have
petitioned the City Council to construct said improvements and
to assess the entire cost against their property.
2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation
of the City Engineer, said improvements are hereby ordered and
the City Engineer shall prepare plans and specifications for
said improvements in accordance with City standards and
advertise for bids thereon, with the assisstance of RCM:`
3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby
directed to publish a copy of this resolution once in the
official newspaper, and further a contract for construction of
said improvements shall not be approved by the City Council
prior to 30 days following publication of this Resolution in
the City's official newspaper.
ADOPTED by the City Council of the City of Eden Prairie on April 7, 1987.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Clerk
'71I
CITY Or EDEN PRAIRIE, MINNE.SOTA
3001. PETITION FOR LOCAL IMPROVEMENTS
TO THE EDEN PRAIRIE CITY COUNCIL:
The undersigned are all the fee o4•ners of the real prOperty described
below and herein petition for the Eden Prairie City Council to proceed
with making the following described improvements:
(General Location)
Sanitary sewer Frnm Manhole 1 to Manhnle_B_on:Ly
(RK & A plans)
x wateimain Frnm Manhole l to M3nhole_8_Ol lij--
(RK & A plans)
Storm Sewer
Street Paving
Other _
Pursuant to M.S.A. 429.031, Subd. 3, the undcrsioned hereby waive any
public hearing to he held on said improvements, and further slate and
agree that the total cost of said improvements shall be specially as-
sessed against the property described below in accordance with the
City's special assessment policies. We further understand tha`,the f
preliminary, estimated total cost for the said improvements 1s 9 po
Street Address or other Legal • • Names and addresses of relltioners
Desc_ ription of Pr_onerty to be Served (Must be owners of tecotd)
Shady Oak Bilge
•
iiii------ -
(ror City use)
n..te Roceived MARC)4 2C,19a7 _
rtojcct No. 4-2-i/9^— — - - -
C,�unci) ronsideration APRic 7/y_d-7
111
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-82
A RESOLUTION APPROVING FINAL PLAT OF
CARMEL SIXTH ADDITION
WHEREAS, the plat of Carmel Sixth 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 - is approved upon compliance with
the recommendation of the City Engineer's report on this plat.
dated March 31, 1987.
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 April 7, 1987.
Gary D. Peterson, Mayor
ATTEST SEAL
John D. Frane, Clerk
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor and City Council Members
THROUGH: Carl Jullie, City Manager
Eugene A. Dietz, Director of Public Works
FROM: David L. Olson, Senior Engineering Technician ,c/ �
OATE: March 31, 1987
SUBJECT: CARMEL SIXTH ADDITION
PROPOSAL: Hans Hagen Homes, Inc., has requested City Council approval of the
Final Plat of Carmel Sixth Addition located north of Rowland road
adjacent to Carmel Fourth and Fifth Additions in the North 1/2 of
Section 2. The plat contains 16 acres to be divided into 27 single
family residential lots. Walkway access to the Park area located
northely of the plat will be provided from Fullbrook Road by a 20
foot wide strip shown on the plat as "Park". Additional access to
the park area will be provided from Thornhill Road and is further
described in the Developer's Agreement.
HISTORY: The preliminary plat was approved by the City Council on February 3,
1987 per Resolution 87-26.
Zoning to R1-13.5 was finally read and approved by the City Council
on March 3, 1987 per Ordinance 2-87-PUD-1-87. This Ordinance ammends
Ordinance 1-84-PUD-1-84.
The Developer's Agreement referred to within this report was executed
on March 3, 1987.
VARIANCES: All variance requests must be processed through the Board.of
Appeals.
UTILITIES AND STREETS: All municipal utilities and streets will be installed
by the Developer in conformance with City Standards.
PARK DEDICATION: Park dedication shall conform to City Code and Developer's
Agreement.
BONDING: Bonding for municipal improvements shall conform to City Code �.
requirements.
Y .
I:4
PAGE 2 CARMEL SIXTH ADDITION MARCH 31, 1987
RECOMMENDATION: Recommend approval of the Final Plat of Carmel Sixth Addition
subject to the requirements of this rpeort, the Developer's Agreement
and the following:
1. Receipt of street sign fee in the amount of $398.00.
2. Receipt of street lighting fee in the amount of $2,765.00.
3. Receipt of engineering fee in the amount of ;1,080.00.
4. Satisfaction of bonding requirements.
DLO:ss
cc: Hans Hagen Homes
Ernest Rud
11 )
Williams' Mini-Storage
Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE ND. 11-87
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, CDNTAIN 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 I-2 Park 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
I-2 Park 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 February 3, 1987, entered into
between Robert H. and Mary E. Williams, husband and wife, and the City of Eden
Prairie, and that certain Supplement to Developer's Agreement, between Robert H. and
Mary E. Williams, husband and wife, and the City of Eden Prairie, dated as of April ! `
7, 1987, which Agreement and Supplement are 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 17th day of March, 1987, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 7th day of
April, 1987.
ATTEST:
John D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
_116
Exhibit .A
Legal Description
"That part of the North Half of the Southwest Quarter of Section 23,
Township 116, Range 22 West, Hennepin County, Minnesota, described
as follows:
Commencing at a point on the West line of said Southwest
Quarter distant 600.00 feet Southerly of the Northwest
corner of said Southwest Quarter; thence Easterly, parallel
with the North line of said Southwest Quarter, a distance of
538.00 feet; thence Southerly, parallel with the West line
of said Southwest Quarter a distance of 17500 feet, to :;the
point of beginning of the tract of . land to be described; _.
thence Easterly, parallel with the North line: of said
Southwest Quarter, a distance of 125.00 feet; thence
Northerly, parallel with the West line of said ` Southwest
• Quarter, a distance of 334.99 feet to the South line of the
North 440.00 feet of said North Half of the i Southwest
Quarter; thence Easterly, along said South line, a distance
of 30.01 feet; thence Southerly, parallel with'theWest line
of said Southwest Quarter, a distance of 355.00 feet; thence
Westerly, parallel with the North line of said •Southest
Quarter, a distance of 155.00 feet; thence Northerly,
parallel with the west line of said Southwest Quarter, to
the point of beginning."
I1
Williams' Mini-Storage
(Amended)
DEVELOPER'S AGREEMENT
This Supplement to Developer's Agreement made and entered into as of this
day of , 1987, by and between Robert H. and Mary E.
Williams, husband and wife, hereinafter referred to as "Developers," and the CITY OF
EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City;"
• WHEREAS, Developer and City made and entered into a Developer's Agreement,
dated February 3, 1987, for Williams' Mini-Storage (the "Developer's Agreement");
and,
WHEREAS, the parties desire to amend said agreement by adding to the
property approximately 0.5 acre;
NOW, THEREFORE, it is agreed by and between the parties thereto as follows:
1. The Developer's Agreement shall be and hereby is supplemented and amended in
the following respects:
A. Exhibit A shall be amended to include the following:
"That part of the North Half of the Southwest Quarter of Section 23,
Township 116, Range 22 West, Hennepin County, Minnesota, described
as follows:
Commencing at a point on the West line of said Southwest
Quarter distant 600.00 feet Southerly of the Northwest
corner of said Southwest Quarter; thence Easterly, parallel
with the North line of said Southwest Quarter, a distance of
538.00 feet; thence Southerly, parallel with the West line
of said Southwest Quarter a distance of 175.00 feet, to the
point of beginning of the tract of land to be described;
thence Easterly, parallel with the North line of said
Southwest Quarter, a distance of 125.00 feet; thence
Northerly, parallel with the West line of said Southwest
Quarter, a distance of 334.99 feet to the South line of the
q �;
j North 440.00 feet of said North Half of the Southwest
Quarter; thence Easterly, along said South line, a distance
of 30.01 feet; thence Southerly, parallel with the West line
of said Southwest Quarter, a distance of 355.00 feet; thence
Westerly, parallel with the North line of said Southest
Quarter, a distance of 155.00 feet; thence Northerly,
parallel with the west line of said Southwest Quarter, to
the point of beginning."
2. Developers agree to all of the terms and conditions and accepts the
obligations of the "Developers" under the Developer's Agreement, as amended
and supplemented herein.
Ii
•
11g
Williams' Mini-Storage Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-84
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 11-87 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 11-87 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 7th day of April,
1987;
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. 11-87, 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. 11-87 shall be recorded in the ordinance book,
along with proof of publication required by paragraph B herein,
within 20 days after said publication.
ADOPTED by the City Council on April 7, 1987.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
Williams' Mini-Storage Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 11-87
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:
Summary: This Ordinance allows rezoning of land located east of
Highway #169, north of Sunnybrook Road, from the Rural District to the 1-2 Park
District, subject to the terms and conditions of a developer's agreement. Exhibit
A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Grdinance shall take effect upon publication.
ATTEST:
/s/John D. Frane /s/Gary D. Peterson
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the ` day of , 1987.
(A full copy of the text of this Ordinance is available from the City Clerk.)
-)a
Resolution No. 87-85
City of Eden Prairie
PROCLAMATION
WHEREAS; the Prairie Home Child Care Professionals offer the
assurance that quality child care will be given to the children of
Eden Prairie, and
WHEREAS; we provide the option of child care within a private
home setting, thereby offering the security, love, and safety, family
style. That setting may also provide structure to enhance child de-
velopment, pre-academics, daily living skills, fine and gross motor,
skills, and
WHEREAS; the community of Eden Prairie is young and ever growing,
there are many young families with children in need of care while j
parents work outside the home, and 1
WHEREAS; the need prevails for child care options---the Prairie
Home Child Care Professionals is a group of individually licensed
child care providers involved in the efforts to meet that need, and;
NOW, I, THEREFORE PROCLAIM, April 10, 1987 to be CHILD CARE
PROVIDER DAY and call upon all our citizens to be aware of the efforts
made by this group to further improve the area of child care.
Date The Honorable Gary D. Peterson
Mayor of Eden Prairie
4r.
March 6, 1987
Gary D. Peterson, Mayor
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mayor:
Since July of 1980 I have served on the Riley,
Purgatory, Bluff Creek Watershed Board of
Managers and currently serve as Treasurer of
that Board.
As you know, service on the Board of Managers
comes as a result of appointment by the Hennepin
County Board of Commissioners. Their selection
to the Board of Managers gives priority to those
who are recommended by the various cities within
the District. I am one of two on the Board from
the City of Eden Prairie.
My present term expires on July 30 of this year.
This letter is to request the recommendation of
yourself and the other members of the Eden Prairie
City Council that I be reappointed. I am more
than willing to appear before the City Council
to answer any questions the members might wish
to ask.
Should my reappointment be recommended by the
Council, your early notice to the Hennepin County
Commissioners would be helpful.
I would appreciate hearing from you on this
matter.
Sincerely,
James L. Cardinal
15701 W. 62nd St. Eden Prairie, MN 55344
Phone: 934 2872
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Services 'Pi"
DATE: April 1, 1987
SUBJECT: International School Park Dedication
The International School has stated they do not believe they have any requirement for
paying park dedication for two reasons:
1. It their position they are not subdividing, which is the trigger for requiring
park dedication.
2. They do not believe their school will create a need for additional parkland within
the City park system.
The City Attorney will provide a legal opinion on whether or not the International
School technically is subdividing its property and required to pay a park fee. The
Community Services Staff agree that in this particular case, the International School
is requesting a plat and will be subdividing; however, the reasons for subdividing are
to meet City and Metropolitan Council requirements for approving this Guide Plan
change and rezoning request rather than for developing more than one lot.
The Community Services Staff strongly disagree with the International School's
statement that they will not create a need for additional parkland in the City of Eden
Prairie. The Community Services Staff suggest that the International School will
cause two separate types of additional park needs. The first will be additional
athletic and recreation facilities for their school program. Staff agrees that the
existing 80 students in the elementary school could be accommodated on their proposed
campus, however, as that school grows to a 1400 student population that will include
high school age students, staff would expect the International School to be operated
similarly to other private schools which are not unlike our existing public schools in
terms of the need for athletic facilties and recreation facilities. In a very brief
survey the Community Services Staff found that many private schools use a considerable
number of public facilities such as tennis courts, soccer fields, softball fields, f
etc. within the communities they are located. Of course, the Community Services Staff
is most familiar with the demand for recreation and athletic facilties by the Eden
Prairie public school system within our own community. The International School is
developing facilities that would be similar to those provided at a single, 700 student
elementary school in the City of Eden Prairie and are proposing that these facilities
will be satisfactory to accommodate 1400 students from grades K-12. These facilities
will be used to the maximum amount just to provide a minimal outdoor physical
education program for the International School and will be inadequate if the
International School ever intends to provide any interscholastic programs similar to
most of the other private schools in the metropolitan area, or remotely close to our
public school program.
If the Council chooses to decide that the existing facilities the International School
is developing will be adequate for their ultimate growth, the other question relating
to the additional need for parks caused by the International School is the same
question the City Council faces each time the Council requires any commercial or
industrial user to pay a park fee. The City Council has determined that all new
businesses in the community, no matter how large or small, will create an additional
it need for parks within the community and should pay their fair share. The
International School with a proposed ultimate staff of approximately 300 individuals
is no different than any other business proposing to build within the community. The
individuals working for International School will undoubtedly be requesting to reserve
picnic facilities, to join adult softball, volleyball, basketball teams, etc., and to
participate in the variety of other recreational programs and services offered to
individuals that work or live within the community. They will create a higher demand
for facilities, to provide for that additional need, just as any other business adds
to that need. The International School has failed to explain how individuals working
for their school are different from individuals working for any other company within
the City of Eden Prairie.
The International School indicates that because they are providing their own athletic
fields, they will not require park facilities; however, it should be noted that Lee
Data and Rosemount, Inc., both large companies that have their own facilities, are
some of the largest users of the City park system.
The International School has also pointed out that the public schools do not pay park
fees and, therefore, they should not be required to pay a fee. Staff would point out
that the public schools provide free use of their outdoor public recreation facilities
such as baseball fields, soccer fields, tennis courts, and playgrounds, and those
facilities are open for public use at ail times. The school also allows public use of
their gymnasiums, classrooms, etc. at a minimal charge established only to cover the
maintenance costs. The International School has not indicated that the "public" would
have access to their private facilities.
International School states that because they are developing athletic fields, tennis
courts, swimming pool, and gymnasium, they will not require increased demand on public
facilities by their students. The Community Services Staff point out that the public
schools also provide their own gymnasiums, bailfieids, and tennis courts, and yet the
schools in the community use the following municipal facilities on a regular basis:
soccer fields, softball fields, tennis courts, ice arena, racquetball courts, picnic
faciiities, and the trail system for running and cross country skiing.
The issues the Council has to decide relating to park dedication are as follows:
I. Does the fact that the major reason for subdividing this parcel is related to the
requirements that the southern portion of the site be sold for park purposes,
change the fact that the City will require cash park fees due to the required
subdivision?
2. The Council will have to decide if they believe the International School will
cause a need for additional parkland.
3. If the City Council decides the International School will cause a need for
additional parkland, and if the City Council determines that technically the •
developer is subdividing, then should the City charge the entire park fee based on •
the amount of land being rezoned, or should the City give the developer some
credit for providing some of its own athletic facilities? If the Council chose to
give some credit for the facilities the school is developing on its own, the
Council might wish to consider offer the International School made several weeks
ago relating to a proposal of a $1,000/acre park fee.
BL:md
.7
MEMO
TO: Chris Enger, Director of Planning
FROM: David Lindahl, Assistant Planner
DATE: March 24,1987
RE: ZONING DISTRICT AND GUIDE PLAN DESIGNATION FOR PRIVATE
SCHOOLS FOR METRO AREA COMMUNITIES.
In response to issues regarding the appropriate zoning district
and guide plan designation for private schools in Eden Prairie,
an issue brought to surface by a recent development proposal by
International Schools for the construction of a private "for
profit" school, I have done a survey of communities in the Metro
area where private schools are located to determine what zoning
district and guide plan designation is typically used for private
schools in the region.
The following chart shows the results of the survey. Information
was gathered by City name,schooi name, zone and guide plan
designation.
CITY SCHOOL ZONE GUIDE PLAN DESIGNATION
1. HOPKINS- BLAKE R1-C PRIVATE SCHOOL
(MEDIUM DENSITY RESIDENTIAL)
2. GOLDEN VALLEY-BRECK I-2
(INSTITUTIONAL) SCHOOLS
3. ST. PAUL- ALL PRIVATE R-1
SCHOOLS (ALLOWED IN ANY RESIDENTIAL DISTRICT)
PUBLIC OPEN SPACE/PARK
4. ROSEVILLE-ALL PRIVATE R-1 SF-RESIDENTIAL
SCHOOLS (RESIDENTIAL)
5. MINNETONKA-ALL PRIVATE R-1 INSTITUTIONAL
SCHOOLS 1-12 (RESIDENTIAL)
b. ST.LOUIS PRK- ALL PRIVATE R-1 SEMI-PUBLIC
SCHOOLS
7. EDINA- ALL SCHOOLS WHICH ARE ACCREDITED WITH THE STATE
R-1 WITH CONDITIONAL USE PERMIT
SF-RESIDENTIAL
8. PLYMOUTH- ALL SCHOOLS R-1/R-2/R-3/R-4 RESIDENTIAL
WITH CONDITIONAL USE PERMIT
47 It can be concluded from the above chart that most Cities allow
private schools (grades K through 12) in residential districts;
some allowed with conditional use;permits, some without. However,
all Cities included in the survey use a variety of different
guide/land use plan designations for private schools, ranging
from institutional to public open space/park. This would indicate
that there is no standard guide plan designation for private
schools, and that individual communities use different
criteria,standards, and interpretations of a private school use
when developing their guide plan/land use maps.
International School of Minnesota
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1987, by
the International School of Minnesota, Inc., a corporation,
hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Comprehensive Guide Plan
Amendment from Medium Density Residential and Public Open Space to
Elementary/Secondary/Vocational School on acres, Zoning District Change from
Rural to Public on _ acres, and Preliminary Plat of 55.6 acres into one lot and
road right-of-way for construction of a private elementary and secondary school,
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 #10-87,
Resolution #87-60 approving the amendment of the Comprehensive Guide Plan, and
Resolution #87-61, approving the Preliminary Plat, 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 1987, reviewed and
approved by the City Council on March 17, and April 7, 1987, and
attached hereto as Exhibit B, 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. Prior to City approval and release of the final plat and prior to
issuance of any permit for grading within Phase I, or any subsequent
phase of the development upon the property, Developer agrees to
provide for the following:
A. A permanent easement for the use of the road depicted as
"emergency vehicle road" in Exhibit B, attached hereto.
Said easement shall provide for use and access by emergency
vehicles and shall otherwise be in a form and contain such
terms as City deems necessary to effectuate such purpose.
Said easement shall include for at least the following:
1) The width of the road shall be at least feet
wide for purposes of allowing access for emergency
vehicles.
2) The road shall be maintained by Developer to meet
the requirements of the City.
3) The Developer agrees to construct and maintain the
bridge over Nine Mile Creek for purposes of allowing
for access by emergency vehicles.
4) Developer shall provide for construction to meet at
least minimum standards for road construction as
determined by the City Manager.
5) Said access shall be constructed and usable prior
to the issuance of any occupancy permit for any
structure to be constructed on the property.
Developer agrees to file said easement against the property
with Hennepin County and shall provide proof of filing to
the City, prior to release by the City of the final plat and
prior to issuance of any permit for grading within Phase I,
or any subsequent phase of development upon the property.
B. The internal road on the property shall be designed for
construction with concrete curb and gutter in accordance
with City standards. Said internal road shell be designed
and constructed to a width of 32 ft. for the first 250 ft.
from the point of entry to the property at the property
boundary, then the width of said internal road shall taper
to 28 ft. for approximately the next 900 ft., and then the
width of the said internal road shall again flare out to 32
ft. for the remainder of its length upon the property, all
as depicted in Exhibit B, attached hereto.
C. Dedication of additional right-of-way to the City for County
State Aid Highway #62 shall be graphically depicted on the
final plat, in the location as depicted in Exhibit D,
attached hereto. The design of the intersection to be
included in said right-of-way shall be as determined by the
City Manager.
0. Dedication to the City of an easement for water and sewer to
be depicted graphically as part of the final plat, and as
depicted in Exhibit B, attached hereto.
Upon approval by the City Manager, Developer agrees to implement and
construct, or cause to be implemented and constructed, those
improvements listed above, as approved by the City Manager, in
accordance with the terms and conditions of Exhibit C, attached
hereto.
4. Prior to release of the final plat and prior to issuance of any
permit for grading within Phase I, or any subsequent phase of
development upon the property, Developer agrees to enter into a
special assessment agreement with City, a copy of which is attached
hereto as Exhibit E, and made a part hereof, for purposes of
extension of the water main through the property and for
construction of an intersection from proposed County State Aid
Highway #62 to the property.
5. Prior to release of the final plat and prior to issuance of any
permit for grading within Phase I, or any subsequent phase of
development upon the property, Developer agrees to execute a
declaration of restrictions, a copy of which is attached hereto as
Exhibit F, and made a part hereof, for purposes of restricting the
lighting devices to be constructed, erected, or used upon the
property for illumination of any recreational areas.
( Developer agrees to file said declaration of restrictions on the
property with Hennepin County and shall provide proof of filing to
the City, prior to release by the City of the final plat.
6. Prior to issuance of any permit for grading within Phase I, or any
subsequent phase of development 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 any grading permit within Phase I, or any
subsequent phase of development upon the property by the City.
Approval of materials and workmanship may be subject to such
conditions as the City may impose at the time of acceptance.
7. Developer agrees to confine grading to Phase I of the property.
Grading for Phase I shall take place within the construction limits
as shown on Exhibit B. Developer shall place snow fencing at the
construction limits within the wooded areas of the property prior to
any grading upon the property.
( 8. Prior to issuance of any grading permit, Developer shall submit to
the City Manager and receive the City Manager's approval of a tree
12'1
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 City
Manager, and receive the City Manager's approval of a reforestation
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
reforestation shall be no less than six inches in diameter. The
amount of trees to be replaced shall be determined by the City
Manager, 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 reforestation plan is required, Developer agrees that, prior to
issuance of any building permit, Developer shall submit a bond, or
letter of credit, guaranteeing completion of all reforestation work.
as approved by the City Manager. The amount of the bond, or letter
of credit, shall be 150% of the approved estimated cost of
implementation of all reforestation work and shall be in such form
and contain such other provisions and terms as may be required by
the City Manager. Developer agrees to prepare and submit for
approval to the City Manager a written estimate of the costs of the l`
reforestation work to be completed.
Upon approval by the City Manager, Developer shall implement, or
cause to be implemented, those improvements depicted in said
reforestation plan, as approved by the City Manager.
9. 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.
10. Prior to issuance of any building permit upon the property,
Developer shall submit to the City Manager, and receive the City
Manager's approval of plans for streets, sanitary sewer, water,
storm sewer, and erosion control for the property.
Upon approval by the City Manager, Developer shall construct, or
cause to be constructed, those improvements listed above in said
plans, as approved by the City Manager, in accordance with Exhibit
C, attached hereto.
11. Prior to any building, or grading activity upon the property,
Developer agrees to submit to the City Manager, and receive the City
Manager's approval of a plan for construction access to the
property.
( Upon approval by the City Manager, Developer agrees to implement, or
cause to be implemented, said construction access by all
construction vehicles, or any other vehicles entering, or exiting
the property for construction purposes.
12. Prior to issuance of any permit for building upon the property,
Developer agrees to submit to the City Manager, and receive the City
Manager's approval of the following:
A. A plan for exterior lighting on the property, including but
not limited to, lighting for structures, parking lots,
walkways, trails, court yards, and other areas of the
property. Lighting within the parking lots shall be a
maximum of twenty feet in height and shall be designed and
installed with down-cast luminars.
B. A revised landscaping plan for Phase I of the property,
including, but not limited to plantings for screening of the
parking areas, plantings within the 75 ft. wide buffer
between the parking area and Bryant Lake, and plantings
within the parking islands.
A revised
C. tter
installation inan the�parking nareas g mine accordance te curb awith nd guCity
standards.
D. A plan for all exterior mechanical equipment for the
property, which shall provide that no rooftop mechanical
equipment shall be located upon the top of any of the
buildings, or other structures, upon the property. Said
plan for mechanical equipment shall provide for physical
screening of all mechanical equipment designated for ground
mounting in a manner which is architecturally integral with
the main buildings on the property.
Upon approval by the City Manager, Developer agrees to implement and
construct, or cause to be implemented and constructed, those
improvements listed above, as approved by the City Manager.
13. Developer agrees that, prior to issuance of any
or building, u on any permite rope ,grading,s
P phase beyond Phase I of the property, as
depicted in Exhibit B, attached hereto, Developer shall submit to
the City Manager and receive the City Manager's approval of all
necessary plans and materials for review of all development beyond
Phase I. Said materials shall include all items identical to those
required for zoning and platting procedural requirements.
Upon approval by the City Manager of said submission materials, said
submission materials shall be forwarded to the Planning Commission
and Parks, Recreation, and Natural Resources Commission for review
and recommendation. Said submission materials shall subsequently be
forwarded to the City Council for review and approval. Further,
Developer agrees to comply with all recommendations of the City
Council for all development beyond Phase I.
14. Developer agrees to comply with all terms and conditions of the Tree
Replacement Policy of the City, attached hereto as Exhibit G, and
hereby made a part hereof.
IN WITNESS WHEREDF, the parties to this Agreement have caused these
( presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESDTA)
)SS.
CDUNTY DF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1987, by Gary D. Peterson, the Mayor, and Care J. Jullie, the
City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on
behalf of the corporation.
Notary Public
INTERNATIDNAL SCHDOL OF MINNESOTA, INC.
By
Its
STATE DF MINNESDTA)
)SS.
CDUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of ,
1987, by , the of the
International School of Minnesota, Inc., a corporation, on
behalf of the corporation.
3 "
Notary Public
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4
DEVELOPER'S AGREEMENT
EXHIBIT C
I. Prior to release of final plat, Developer shall submit to the City Manager
for approval two copies of a development plan (1" = 100' scale) showing
existing and proposed contours, proposed streets, and lot arrangements and
size, minimum floor elevations on each lot, preliminary alignment and grades
for sanitary sewer, watermain, and storm sewer, 100-year flood plain
contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots, location of walks, trails, and
any property deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the
Watershed District for review and approval. Developer shall follow all
rules and recommendations of said Watershed District. •
III. Developer shall pay cash park fees to the City in the amount of $ ,
to be paid prior to issuance of any building permit for construction on the
property.
IV. Prior to the dedication, transfer, or conveyance of any real property or
interest therein to the City as provided herein, Developer shall deliver to
the City an opinion addressed to the City by an Attorney, and in a form
applicable to City as to the condition of the title of such property, or, in
lieu of a title opinion, a title insurance policy insuring the condition of
the property or interest therein in the City. The condition of the title of
any real property or any interest therein to be dedicated, transferred, or
conveyed as may be provided herein by Developer to the City shall vest in
City good and marketable title thereon, free and clear of any mortgages,
liens, encumbrances, or assessments.
V.A. All sanitary sewer, watermain, and storm sewer facilities, concrete curb,
gutters, sidewalks, trails, streets, site grading, and other public
utilities ("improvements") to be made and constructed on or within the
property and dedicated to the City shall be designed in compliance with City
standards by a registered professional engineer and submitted to the City
Manager for approval. All of the improvements shall be.-completed by
Developer and acceptable to the City Manager and shall be free and clear of
any lien, claim, charge, or encumbrance, including any for work, labor, or
services rendered in connection therewith, or materials or equipment
supplied therefor, on or before two (2) years from the date hereof. Upon
completion and acceptance, Developer warrants and guarantees the
improvements against any defect in materials or workmanship for a period of
two (2) years following said completion and acceptance. In the event of any
defect in materials or workmanship within said two-year period, warranty or
guarantee shall be for a period of three (3) years following said completion
and acceptance. Defects in materials or workmanship shall be determined by
•
7211
the City Manager. Acceptance of improvements by the City Manager may be
subject to such conditions as the City Manager may impose at the time of
acceptance. Developer, through Developer's engineer, shall provide for
competent daily inspection during the construction of all improvements. As-
built drawings with service and valve ties on reproduceable mylar shall be
delivered to the City Manager within sixty (60) days of completion thereof,
together with a written statement from a registered engineer that all
improvements have been completed, inspected, and tested in accordance with
City-approved plans and specifications. Prior to issuance of any grading
permit, Developer shall:
Submit a bond or letter of credit which guarantees completion of all
improvements within the times provided, upon the conditions, and in
accordance with the terms of this subparagraph V.A., including, but
not limited to, a guarantee against defects in materials or
workmanship for a period of two (2) years following completion and
acceptance of the improvements by the City Manager. The amount of
the bond or letter of credit shall be 125% of the estimated
construction cost of said improvements, subject to reduction thereof
to an amount equal to 25% of the cost of the improvements after
acceptance thereof by the City Manager, and receipt of as-built
• drawings. The bond or letter of credit shall be in such form and
contain such other provisions and terms as may be required by the
City Manager. The Developer's registered professional engineer
shall make and submit for approval to the City Manager a written
estimate of the costs of the improvements.
B. In lieu of the obligation imposed by subparagraph V.A. above, Developer may
submit a 100% petition signed by all owners of the property, requesting the '-
City to install the improvements. If Developer chooses to execute the 100%
petition, Developer waives all rights they have by virtue of Minnesota State
Statutes Sec. 429.D81 or otherwise to challenge the amount or validity of
amounts, or the procedure used by the City in levying the assessments and -
hereby releases the City, its officers, agents, and employees from any and
all liability related to or arising out of the levying of the assessments.
Upon approval by the City Council, the City may cause said improvements to
be made and special assessments for all costs for said improvements will be
levied on the property, except any property which is or shall be dedicated
to the public, over a five-year period. Prior to the award of any contract
by the City for the construction of any improvements, Developer shall have
entered into a contract for rough grading of the streets included in the
improvements to a finished subgrade elevation. Contractor's obligation with
respect to the rough grading work shall be secured by a bond or letter of
credit which shall guarantee completion and payment for all labor and
materials expended in connection with the rough grading. The amount of the
bond or letter of credit shall be 125% of the cost of such rough grading and
shall be in such form and contain such further terms as may be required by
the City Manager.
C. Prior to issuance of any permit for grading upon the property, Developer -
shall pay to City fees for the first three (3) years' street lighting on the
public streets (including installation costs, if any, as determined by
Northern States Power), engineering review, and street signs.
��7 J
VI.A. Developer shall remove all soil and debris from, and clean all streets
within and abutting the property at least every two (2) months (or within
one week from the date of any request by City), during the period commencing
May 1 and ending October 31 of each year, until such time as such streets
and improvements therein are accepted for ownership and maintenance by City.
Prior to City accepting improvements, Developer shall have restored all
boulevards according to the obligations contained within paragraph VI.B.
B. Within twenty (20) days of installation of utilities and street curb in any
portion of the property (if said time occurs between May 1 and October 31 of
any year), Developer shall sod (secured with a minimum of two (2) stakes per
roll of sod) that part of the property lying between said curb and a line
18+ inches measured perpendicular with the curb, or, in lieu of said sod,
place a fiber blanket with seed approved by the City (secured with stakes a
maximum of six (6) feet apart). Either sod or fiber must be placed upon a
minimum of four (4) inches of topsoil. The topsoil shall be level with the
top of the curb at the curb line and rise one-half inch (1/2") for each foot
from the curb line.
Developer shall maintain the sod, fiber blanket, topsoil, and grade until
such time as the streets and improvements in the property are accepted for
ownership and maintenance by City.
Developer shall also sod all drainage swales serving each 1.5 acres a
minimum distance of six (6) feet on either side of the center of the swale.
C. The bond or letter of credit provided in paragraph V.A. hereof shall also
guarantee the performance of Developer's obligations under this paragraph
VI.
VII. City shall not issue any building permit for the construction of any
building, structure, or improvement on any land required to be subdivided
until all requirements listed above have been satisfactorily addressed by
Developer.
VIII. Developer shall submit detailed watermain and fire protection plans to the
Fire Marshall for review and approval. Developer shall follow all the
recommendations of the Fire Marshall.
IX. If Developer fails to proceed in accordance with this Agreement within
twenty-four (24) months of the date hereof, Developer, for itself, its
successors, and assigns, shall not oppose rezoning of said property to
Rural.
X. Provisions of this Agreement shall be binding upon and enforceable against
owners, their successors, and their assigns of the property herein 1 ;.
described.
XI. Developer represents and warrants that they own fee title to the property
free and clear of mortgages, liens, and other encumbrances, except:
Metram Properties; Kraus-Anderson
a .
XII. Developer shall install temporary street signs in accordance with the
recommendations of the City Building Department, prior to the issuance of
any permit to build upon the property.
XIII. Developer acknowledges that the rights of City to performance of obligations
of Developer contemplated in this Agreement are special, unique, and of an
extraordinary character, and that, in the event that. Developer violates, or
fails, or refuses to perform any covenant, condition, or provision made
herein, City may be without an adequate remedy at law. Developer agrees,
therefore, that in the event Developer violates, fails, or refuses to
perform any covenant, condition, or provision made herein, City may, at,its
option, institute and prosecute an action to specifically enforce
performance of such covenant. No remedy conferred in this agreement is
intended to be exclusive and each shall be cumulative and shall be in
addition to every other remedy. The election of any one or more 'remedies
shall not constitute a waiver of any other remedy.
XIV. Any term of this Agreement that is illegal or unenforceable at law or in
equity shall be deemed to be void`.and of no force or effect to"the extent
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of the terms of
this Agreement shall be enforceable.
XV. Developer shall, prior to the commencement of any improvements p
written notice to Rogers Cablesystems, a Minnesota Limited Partnershi , the
franchisee under the City's Cable Communication Ordinance..`(80-33) of tthe
he
development contemplated by this Developer's Agreement. Notice shall be
sent to Rogers Cablesystems, 801 Plymouth Avenue North, Minneapolis, MN
55411.
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Exhibit E
SPECIAL ASSESSMENT AGREEMENT
This is an agreement made this day of , 1987 between the
City of Eden Prairie, Minnesota, a municipal corporation (the "City") and
International School of Minnesota, Inc. (the "Owner").
1. Owner holds title to certain real property situated in the City of
Eden Prairie, County of Hennepin, State of Minnesota which is described on Exhibit
"A" attached hereto and made a part hereof (hereinafter referred to as the
"Property").
2. Owner desires to develop the Property in such a manner that will
require extension of public trunk water main through the Property, which includes
oversizing in the approximate location depicted on Exhibit "B," attached hereto and
made a part hereof.
3. Owner desires to develop the Property in such a manner that will
require the construction of an intersection from proposed County State Aid Highway
62 to the Property in the approximate location and approximately designed as
depicted on Exhibit B, attached hereto. The extension of water main and
construction of intersection referred to in paragraph 2 and this paragraph herein
are collectively referred to as the "Improvements."
AGREEMENTS
1. Owner consents to the levying of assessments against the Property
for 100% of the cost of construction of the Improvements, plus usual costs for
engineering, administration, and interim financing, plus usual trunk sewer and water
assessments, except for that cost attributable to the oversizing of the water main.
2. The actual cost shall be determined by feasibility report, subject
to City Council approval. Should any cost of the Improvements be paid for by
county, state, or federal funds, the City shall take into account such, funds in
assessing the Property. The assessments shall be spread uniformly over 17 years and
shall bear such interest as is allowed by law.
3. The City's assessment records for the Property will show the
assessments as "pending assessments" until levied.
4. Owner waives notice of any assessment hearing to be held at which
hearing or hearings the assessments are to be considered by the City Council and
thereafter approved and levied.
5. Owner concurs that the benefit to the Property by virtue of the
Improvements to be constructed exceeds the amount of the assessments levied against
the Property. Owner waives all right it has by virtue of Minnesota Statutes 429.081
or otherwise to challenge the amount or validity of the assessments, or the
procedures used by the Cite in determining the amount or validity of the assessments
and hereby releases the City, its officers, agents and employees from any and all
liability related to or arising out of the imposition or levying of the assessments.
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-72.76
•
Exhibit F
DECLARATION OF RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by the undersigned,
hereinafter referred to as the "declarant,"
WITNESSETH
WHEREAS, declarant is the owner of property in the City of Eden Prairie,
County of Hennepin, State of Minnesota, which is described on Exhibit "A"
(hereinafter referred to as the "Property");
WHEREAS, for the benefit of the Property, and for the benefit of the
residents of the City of Eden Prairie, declarant wishes to prevent the construction
and use of any outdoor lighting on the Property of any tennis courts, hockey rinks,
skating rinks, game fields, or any other outdoor recreational areas.
NOW, therefore, declarant hereby declares that the Property shall be held,
sold and conveyed subject to the following restrictions which shall run with the
Property and be binding on all parties having any right, title or interest in the
Property or any part thereof, their heirs, successors and assigns, and shall inure
to the benefit of each owner thereof and to the City of Eden Prairie:
1. No illumination or lighting devices shall be constructed, erected,
or used upon the Property if such lighting devices are for the purposes of
illuminating any non-enclosed tennis courts, hockey rinks, skating rinks, game
fields, or any other recreational areas.
2. The restrictions created hereby shall be permanent and shall run
with and bind the land and shall inure to the benefit of and be enforceable by
declarant, any citizen of the City of Eden Prairie, and the City of Eden Prairie as
a Minnesota municipal corporation, their respective legal representatives, heirs,
successors and assigns.
—7Z.1R
3. Enforcement of this restriction by a resident of the City of Eden
Prairie or by the City of Eden Prairie, a Minnesota municipal corporation, may be by
any proceeding at law or in equity to restrain violation, to compel compliance, and
to recover damages. These remedies are cumulative and are not exclusive of each
other. Furthermore, these remedies are in addition to, and not exclusive of, all
other remedies alllowed by law. Attorneys' fees and costs of any such action to
restrain the violation, compel compliance or recover damages shall be assessable
against and payable by any person violating the terms contained herein.
4. Invalidation of any one of the restrictions or terms of this
Declaration by judgment or Corut Order shall not affect any other provision, which
shall remain in full force and effect.
INTERNATIONAL SCHOOL OF MINNESOTA, INC.
By
Its
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of ,.
1987, by , the of
International School of Minnesota, Inc., a corporation, on
behalf of the corporation.
Notary Public
7 '1 5
CONSENT AND JOINDER
The undersigned, , which holds an interest in
the Property described as follows:
does hereby consent to and join in the foregoing Declaration of Restrictions.
BY
By
Its
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
1987, by , the of
, a corporation, on behalf of the
corporation.
Notary Public
7Z'1
p_r„ c 7-1z r/c)43
Exhibit G
TREE REPLACEMENT POLICY
It is the intent and desire of the City to protect, preserve, and enhance the
natural environment and beauty of Eden Prairie by encouraging the resourceful and
prudent development of our existing woodland areas. To insure proper design and
development, it is necessary to promote tree preservation and/or require replacement
of significant trees. A significant tree is defi ned as a tree of 12 inches in
diameter or greater whose mature height will be greater than 30 feet (examples: oak,
maple, basswood, etc.), or a tree of 8 inches in diameter or more whose mature
height is usually less than 30 feet (examples: black cherry, ironwood,
cedar/juniper, red maple, etc.).
When reviewing new development projects, either commercial or residential, City
Staff attempts through design to preserve and protect natural site characteristics
such as wooded areas, hills, and ponds. However, it is not always possible and/or
• feasible to save 100% of any existing significant natural site characteristic.
Because of this, a tree replacement policy was developed.
•
Background
In developing the tree replacement policy,. Staff had to determine the following
items:
1) Which species of trees shall be replaced?
Deciduous hardwood trees which shall be replaced includes oak, maple, basswood, ash,
ironwood, etc.. In addition, coniferous trees shall also be replaced if they meet
the specific size requirement. It is the responsibility of the developer to submit
a certified tree inventory depicting:
a) The size and species of all trees greater than 12 inches in diameter
of trees whose mature height will be greater than 30 feet (examples:
oak, maple, basswood, ash, Colorado Blue Spruce, etc.).
b) The size and species of all trees greater than 8 inches in diameter
of trees whose mature height is usually less than 30 feet (examples:
black cherry, ironwood, cedar/juniper, red maple, etc.).
It is from this tree inventory that the actual tree loss shall be calculated and the
amount of rep lacemnt determined.
( j
•
2) At what point (percentage) is a significant wooded area substantially
altered by tree removal.
For a wooded site, short of acquisition by the City, some tree removal is probably
unavoidable and reasonable to expect as a part of development of the land. By only
replacing significant trees, a substantial amount of vegetation under this size
could be removed without replacement. This fact alone allows considerable latitude
in the reasonable development of property.
Generally, the smaller the percentage of the overall wooded portion of the site that
is removed, the less the change in the character of this site; therefore, the less
the percentage of replacement necessary to preserve the character of the site. The
larger the percentage of removal of trees of the total wooded area the greater the
change in the character of the site and the larger the percentage of tree
therefore,t required to suggests that forlp any removal ofate he thecsignificante in site treeshaonctar si ,Staff,
proportion of the trees shall be replaced on a diameter (caliper) inch for diameter
inch basis. The first 100 caliper inches of tree removal from a site shall be
replaced 100% with the remaining caliper inches replaced on a proportionate basis.
The proportion of tree replacement shall diminish from 100% replacement at 60% loss
down at a constant rate to the 100 caliper inch mark. Trees removed outside of an
• approved construction plan would continue to be replaced at 100% on an area inch per
area inch basis.
Tree Replacement Calculations
The amount of tree replacement is based upon the total amount of caliper inches
removed from the site divided by the total amount of caliper inches. on-site.
General provisions of this policy include:
1) The first 100 caliper inches removed from any site shall be replaced 100
percent.
2) If the percent of caliper inches removed is greater than or equal to 60
percent, the caliper inch replacement shall be 100 percent.
Tree Replacement Formula
Tatai Caliper Inches Removed = Percent Caliper Inches Removed
iota] Caliper Inches
Percent Caliper Inches Removed x Tree Replacement Factor (1.66) = Percent Tree
Replacement
Total Caliper Inches Removed - 100 = Total Caliper Inches Replaced by Percentage
(Total Caliper Inches Replaced by Percentage x Percent Tree Replacement) + 100 =
Total Caliper Inch Replacement
Examples
1) 95 Caliper Inches Removed
400 Total Caliper Inches
95
400 = 23.75%
Regardless of percentage, because the total amount of tree removal is less
than or equal to 100, tree replacement shall be 100% or 95 caliper inches.
2) 367 Caliper Inches Removed
743 Total Caliper Inches
367
74.1 = 49.39%
49.39% x 1.66 = 81.98%
367 - 100 = 267
(267 x 81.98%) + 100 = 318.88 or 319 Caliper Inches Replaced
3) 811 Caliper Inches Removed
923 Total Caliper Inches
811
923 = 87.86%
Because the percentage of trees removed is greater than or equal to 60%, the
amount of tree replacement shall be 100% or 811 caliper inches.
Replacement Locations
Listed in order of priority are the locations in which tree replacement shall occur.
1) Site restoration areas including steep slopes.
2) Other areas
a) Outlots or common areas.
b) Buffering between different land use activities.
c) Entrance monuments.
3) Front yard replacement.
4) Adjacent park or community open space (shall be coordinated by the Planning
Staff and the Community Services Staff).
Once the amount of tree replacement has been determined, the proponent will be
required to submit a landscape plan detailing the location, type and sizes of trees
to be replaced. This plan will be required prior to first reading by the City
Council.
is
72. 1X
Enforcement
For trees planted within site restoration areas including steep slopes, other areas
(examples: outlots or common areas, buffering, or entrance monuments) or adjacent
parks or community open spaces, the proponent will be required to follow normal
landscape bonding procedures. For trees planted within individual lots, the
procedure shall be as follows:
1) Proponent shall submit a landscape plan detailed size, type and location of
trees and plants within individual lots.*
2) Proponent will be required to submit a bond 2 1/2 times the cost of
landscaping for the entire project.
3) The City will provide one landscape inspection each year (usually in the
fall) for each individual project. At that time, the amount of landscaping
installed will be determined and a subsequent bond amount released. The
amount of bond released at this time shall be equal to the cost of the trees
installed. The remaining 1 1/2 times bond amount will be retained by the
City as a warranty for tree replacement. Once a project is totally
completed, the City will at the request of the developer provide a landscape
inspection to ensure compliance. If all of the landscaping has been
installed, the City shall follow normal inspection procedures.
Should any of the landscaping material not be installed, the City will retain the
associated bond amount which shall be placed into a Natural Resources Fund.
The purpose of the Natural Resources Fund shall include but not limited to the
purchase of landscaping to be placed within the adjacent neighborhood or community
park.
* (If it has been determined that the total number of trees required for
replacement cannot be placed on the site, the proponent has the option to pay on a
caliper inch basis an equal amount into the Natural Resources Fund. The proceeds
from this fund shall be used to provide landscaping in the associated neighborhood
or community park.)
Sizes and Types
The minimum size of trees which shall be given credit for tree replacement are a 3"
deciduous tree or an 8' coniferous tree. No replacement credit will be given for
ornamental trees. The following list describes the types of trees suitable to be
planted in Eden Prairie. (Trees designated for replacement shall be of a similar
variety of the trees which were removed).
SHADE TREES - Large trees 30+ feet mature height
Norway Maple - Acer platanoides
cultivars - 'Cleveland', 'Crimson King', 'Royal Red', 'Schwelder', 'Superform'
Red Maple - Acer rubrum
cultivars - 'Northwood', 'Red Sunset'
72.11
Silver Queen Silver Maple (seedless) - Acer saccharinum 'Silver Queen'
Sugar Maple - Acer saccharum
cultivar - 'Green Mountain'
River Birch - Betula nigra
Hackberry - Celtis occidentalis
Green Ash - Fraximus pennsylvanica
cultivars - 'Kindred', 'Newport', 'Bergeson',
'Marshall's Seedless', 'Patmore', 'Summit'
Ginkgo - Ginkgo biloba
Honeylocust - Glenditsia tricanthos inermis
cultivars - 'Imperial', Shademaster', 'Skyline'
Kentucky Coffeetree - Gynaiocladus dioicus
White Oak - Quercus alba
Swamp White Oak - Quercus bicolor
Red Oak - Quercus rubra
American Linden - Tilia americana
Littleleaf Linden - Tilia•cordata
cultivars - 'Summer Splender', 'June Bride', 'Greenspire'
Redmond Linden - Tilia x euchlora
Conifer Trees
Balsam Fir - Abies balsamea
White Fir - Abies concolor
European Larch - Larix decidua
Black Hills Spruce - Picea glauca 'Densata'
Austrian Pine - Pinus nigra
Ponderosa Pine - Pinus ponderosa
Scotch Pine - Pinus sylvestris
White Pine - Pinus strobus
Douglas Fir - Pseudotsuga menziesii
Canadian Hemlock - Tsuga canadensis
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-12`1 AA
International School of Minnesota
OWNERS' SUPPLEMENT
TO
DEVELOPER'S AGREEMENT
BETWEEN
INTERNATIONAL SCHOOL OF MINNESOTA
AND THE
CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of 1987, by
and between Metram Properties, a corporation, 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 Ordinance #11-87
changing the zoning of the property owned by Owner from Rural to Public, as more
fully described in that certain Developer's Agreement entered into as of
, 1987, by and between International School of Minnesota, and
City, Owners agree with the City as follows:
1. If International School of Minnesota fails to proceed in accordance
with the Developer's Agreement within 24 months of the date hereof,
Owner shall not oppose the rezoning of the property to Rural.
2. This Agreement shall be binding upon and enforceable against Owners,
their successors, heirs, and assigns of the property.
3. 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.
METRAM PROPERTIES
By
Its
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of,
1987, by the of
Metram Properties, a corporation, on behalf of the
corporation.
Notary Public
CITY'
Gary D. Peterson, Mayor
Carl_J. Jullie, City Manager
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1987, by Gary D. Peterson, the Mayor, and Carl J. Jullie, the
City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the
corporation.
Notary Public
-12?CC
International School of Minnesota
OWNERS' SUPPLEMENT
TO
DEVELOPER'S AGREEMENT
BETWEEN
INTERNATIONAL SCHOOL OF MINNESOTA
AND THE
CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
1987,.by
and between Kraus-Anderson, a corporation, 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 Ordinance #11-87
changing the zoning of the property owned by Owner from Rural to Public, as more
fully described in that certain Developer's Agreement entered into as of
, 1987, by and between International School of Minnesota, and
City, Owners agree with the City as follows:
1. If International School of Minnesota fails to proceed in accordance
with the Developer's Agreement within 24 months of the date hereof,
Owner shall not oppose the rezoning of the property to Rural.
2. This Agreement shall be binding upon and enforceable against Owners,
their successors, heirs, and assigns of the property.
3. 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.
ri
12100
KRAUS-ANDERSON
By
Its
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
1987, by the of
Kraus-Anderson, a corporation, on behalf of the corporation.
Notary Public
CITY
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this dayof
, 1987, by Gary D. Peterson, the Mayor, and Carl J. Jullle the
City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the
corporation.
Notary Public
/2/ EE
TO: Mayor and City Council Members
FROM: Steve Durham, Assistant Planner
THROUGH: Chris Enger, Director of Planner
DATE: March 31, 1987
RE: Proposed Ordinance Change
At the March 17, 1987, City Council meeting, the Council requested Staff to clarify
which sections in the proposed ordinance change were "Housekeeping" items,
"Updating" items, and "New" items. In addition, Staff will briefly explain the
format utilized in the proposed Code change.
Clarification
In parentheses after each section in this memo will be the word "Housekeeping",
"Updating" or "New" item. Below is a definition for each term.
(Housekeeping) - Housekeeping items include: Language clarification where
ambiguous language existed or not enough detail to facilitate Code
enforcement; corrections of errors; correction of errors in past printing;
renumbering of Code items which follow an insertion of a new item.
(Updating) - Updating items includes: Changes in Code standards based upon
field inspections, historical development approvals, and variance requests
( over the past several years.
(New Item) - New items include: Additions to Code which previously did not
exist. In the proposed Code all new items are underlined.
Format
The format utilized is sequential. Section 1 is in the beginning of Chapter 11 and
proceeds through Section 30 at the end of Chapter 11. In the proposed Code changes
each section outlines the Code change, that portion of the Code being deleted (in
brackets), followed by the new Code. Any Code change, correction,
or new item is underlined. This format was utilized because it provided consistancy
in the way deletions, amendments, and new items could be displayed and followed a
sequential pattern through the Code.
•
Section 1 (Housekeeping) - BY RENUMBERING SEVERAL PARAGRAPHS UNDER DEFINITIONS.
Purpose - To allow for proper alphabetical insertion of "Base Area" definition.
Section 2 (New Item) - BY INCLUDING A DEFINITION FOR MAXIMUM "BASE AREA" RATIO.
Purpose - To regulate the building foot print of multiple-story buildings so as not
to exceed the building foot print of a single-story building. The Code will
facilitate in less building coverage, (e.g. building foot print) for multi-story
structures.
Section 3 (Housekeeping) - BY CHANGING SPECIAL REQUIREMENTS FOR THE FILING AND
RECORDING OF LEGAL DESCRIPTIONS AND ZONING DISTRICT CHANGES. Purpose - To clarify
the procedure for filing and recording legal descriptions of land in each zoning
district in Eden Prairie and to insure inclusion of legal description on the zoning
map of the City of Eden Prairie.
Section 4 (New Item) - BY INCLUDING A COLUMN DESIGNATING MAXIMUM BASE AREA RATIO.
Purpose - To identify in the performance standard portion of City Code the
numerical percentage criteria for "Base Area" ratio standards.
Section 5 (Housekeeping) - BY AMENDING MECHANICAL EQUIPMENT SCREENING STANDARDS.
Purpose - To further clarify when mechanical equipment screening is required by
Code.
Section 6 (Housekeeping) - BY INCLUDING PROVISIONS FOR REQUIRED LANDSCAPING IN
RESIDENTIAL DISTRICTS. Purpose - To have a Code requirement necessitating ground
stabilization in R1 and RM Zoning Districts.
Section 7 (Updating) - BY CHANGING PROVISIONS RELATING TO OFF-STREET PARKING SPACE
REQUIREMENTS FOR OFFICE USE AND COMMERCIAL RETAIL USE. Purpose - To reduce City
Code parking stall requirements to reflect current parking ratio needs in office and
commercial developments.
Section 8 (Housekeeping) - BY AMENDING OFF-STREET PARKING REQUIREMENTS. Purpose -
No specific change in Code, grammatical correction made.
Section 9 (Housekeeping) - BY !MENDING EXTERIOR MATERIAL DESIGN STANDARDS TO OMIT
FACTORY FABRICATED AND FINISHED METAL FRAMES PANEL CONSTRUCTION. Purpose- To
eliminate prefinished metal or plastic as an approved building material in the
Office, Industrial, Commercial, Public and RM-2.5 Zoning District. The Code also
specifies a required ratio of 75% approved building material, that is, brick, glass,
or stone to be utilized as a primary building material and trim, that is, wood,
stucco, plastic, vinyl, and metal not to exceed 25%.
Section 10 (New Item) - BY ADDING GOLF COURSES AS A PERMITTED USE IN RURAL DISTRICTS
EXCLUSIVELY. Purpose- To provide a zoning district for golf courses. Current City
Code does not allow golf courses in any zoning district. Existing golf courses in
Eden Prairie are in the Rural Zoning District.
Section 11 (Updating) - BY PROVIDING FOR A MAXIMUM SQUARE FEET REQUIREIENT FOR
SUPPORTING COMMERCIAL SALES AND SERVICES TO OFFICE USERS WITHIN LARGE OFFICE
STRUCTURES. Purpose - To limit the amount of commercial/retail activity to 15% in
Office Zoning Districts. Current City Code does allow supporting commercial sales
and services to office users within large office structures only. The Code update
will specify how large an office building must be to support commercial activity and
limit the amount of commercial activity.
Section 12 (Housekeeping) - BY ADDING A REQUIREMENT LIMITING THE SQUARE FOOT
MAXIMUMS FOR NEIGHBORHOOD COMMERCIAL SERVICES AND COMMUNITY COMMERCIAL SERVICES.
Purpose - To call out the maximum number of square feet permitted in N-Com and C-
Corn development as identified in the Guide Plan.
Section 13 (Updating) - BY PROVIDING FOR A MAXIMUM PERCENTAGE OF GROSS BUILDING
AREA, SUPPORTING MINOR COMMERCIAL USES CAN OCCUPY IN INDUSTRIAL DISTRICTS. Purpose
- To limit the amount of commercial/retail activity to 15% in Industrial Zoning
Districts. This 15% limit has been approved by the Board of Adjustments and Appeals
dec i si on.
Section 14 ( Updating) - BY ADDING A REQUIREMENT TO SPECIFY "END LAND USE" AFTER
LAND ALTERATION OCCURS AND IDENTIFY ZONING OF PROPERTY AFTER LAND ALTERATION OCCURS
UNDER SECTION ENTITLED "MINING OPERATION AND LAND ALTERATION REGULATIONS". Purpose
- To insure, once land alteration is completed, what the land shall be used for and
if the zoning is appropriate for proposed land use.
Section 15 (Housekeeping) - BY PROVIDING FOR A MAXIMUM SIZE OF NAME PLATES AS
PERMITTED UNDER HOME OCCUPATION CODE. Purpose - To clarify the use of a sign for
( home occupations and regulate the sign size.
Section 16 (Housekeeping) - BY RENUMBERING SEVERAL PARAGRAPHS UNDER SUBDIVISION 2
ENTITLED "SIGN PERMITS". Purpose - To allow for proper alphabetical insertion of
"Sign Base" definition.
Section 17 (New Item) - BY ADDING A DEFINITION FOR SIGN BASE. Purpose - To define a
sign base.
Section 18 (Housekeeping) - BY ADDING AREA IDENTIFICATION REGULATION CRITERIA UNDER
SUBDIVISION 3 ENTITLED "GENERAL PROVISIONS". Purpose - To provide a minimum nurter
of acres to support an area identification sign for a development.
Section 19 (New Item) - BY ADDING SIGN BASE REGULATION CRITERIA UNDER SUBDIVISION 3
ENTITLED "GENERAL PROVISIONS". Purpose - To include as a performance standard size
requirement for a sign base.
Section 20 (New Item) - BY ADDING SIGN BASE CRITERIA TO RESIDENTIAL DISTRICTS.
. Purpose - To include as a performance standard size requirement for a sign base in
Residential Districts.
Section 21 (Housekeeping) - BY AMENDING THAT PORTION OF THE COMMERCIAL SIGN
ORDINANCE BY CONSOLIDATING PERMITTED COMMERCIAL SIGN CRITERIA UNDER ONE HEADING FOR
ALL COMMERCIAL DISTRICTS. Purpose - Current Code has two commercial sign criteria
sections for commercial use. The Code amendment will create one commercial sign
criteria section.
Section 22 (Housekeeping) - BY DELETING PARAGRAPH D OF SUBDIVISION 4 OF SECTION
ENTITLED "SIGN PERMITS". Purpose - To delete duplicated commercial sign criteria
sections for commercial use.
Section 23 (Housekeeping) - BY AMENDING THAT PORTION OF THE SIGN ORDINANCE BY
INCLUDING PROVISIONS FOR WALL SIGNS FOR EACH ELEVATION AND INCLUDING SIGN BASE
CRITERIA. Purpose - To include sign criteria relating to wall signs in the Office
Zoning District.
Section 24 (New Item) - BY ADDING SIGN BASE CRITERIA TO INDUSTRIAL DISTRICTS.
Purpose - To include as a performance standard size requirements for a sign base in
Industrial Districts.
Section 25 (New Item) - BY ADDING SIGN BASE CRITERIA TO PUBLIC DISTRICTS. Purpose -
To include as a performance standard size requirements for a sign base in Pu lic
Di stricts.
Section 26 (Housekeeping) - BY RELETTERING PARAGRAPHS UNDER SECTION ENTITLED "SIGN
PERMITS". Purpose - To reletter paragraphs to reflect Code amendments.
Section 27 (Housekeeping) - BY ADOPTING ZONING MAP ENTITLED "ZONING MAP OF THE CITY
OF EDEN PRAIRIE" DATED JANUARY 1987. Purpose - To officially identify a zoning map
on record at City Hall which identifies legs Tly zoning descriptions.
Section 28 (Housekeeping) - READOPTION OF CITY CODE CHAPTER 11 IN ITS ENTIRETY AS
AMENDED HEREIN. Purpose - Readopt Chapter 11 of the City Code in its entirety to
eliminate any descrepency of its first adoption.
Section 29-30 (Housekeeping) - Both of these sections are standard formats in all
Ordinance changes.
,7
APRIL 7,1987
32816 VOID OUT CHECK 15.00-
32964 VOID OUT CHECK 70.00-
33613 VOID OUT CHECK 0.00
'1614 VOID OUT CHECK 0.00
615 LAURIE HELLING CONFERENCE-COMMUNITY CENTER 15.00
33616 GROUP HEALTH PLAN INC MARCH HEALTH INSURANCE 2218.60
33617 PHYSICIANS HEALTH PLAN MARCH HEALTH INSURANCE 17792.91
33618 KEN LEWIS & ASSOCIATES LOT APPRAISAL FOR CDBG PROGRAM 300.00
33619 ROOS-FRICK CONSTRUCTION SERVICE-HOUSING REHABILITATION 450.00
33620 DANA GIBBS PACKET DELIVERIES 156.00
33621 AMERICAN INSTITUTE OF CERTIFIED CONFERENCE-PLANNING DEPT 150.DO
33622 HEATH CONSULTANTS INCORPORATED CONFERENCE-STREET DEPT 250.00
33623 MINNESOTA POLLUTION CONTROL CONFERENCE-WATER DEPT 50.00
33624 MINNESOTA SAFETY COUNCIL DUES-CITY MANAGER 75.00
33625 KATRINA MORGAN REFUND-ADVANCE LIFE SAVING CLASSES 31.30
33626 SUBURBAN RATE AUTHORITY 1987 MEMBERSHIP 700.00
33627 NORTH CENTRAL SECTION AWWA CONFERENCE-WATER DEPT 306.00
33628 HOPKINS POSTMASTER POSTAGE-CITY HALL 5000.00
33629 PRUDENTIAL INSURANCE CO MARCH INSURANCE 700.18
33630 COMMERCIAL LIFE INSURANCE MARCH INSURANCE 217.35
33631 BEER WHOLESALERS INC BEER 4220.40
33632 CAPITOL CITY DISTRIBUTING CO BEER 194.09
33633 COCA COLA BOTTLING CO MIXES 639.45
33634 DAY DISTRIBUTING CO BEER 4594.55
33635 EAST SIDE BEVERAGE CO BEER 6341.85
33636 KIRSCH DISTRIBUTING CO BEER 442.80
33637 MARK VII SALES BEER 11954.13
33638 PEPSI/7-UP BOTTLING CO MIXES 340.00
33639 ROYAL CROWN BEVERAGE CO MIXES 61.45
40 THORPE DISTRIBUTING CO BEER 12351.70
. o41 TWIN CITY HOME JUICE CO MIXES 38.65
33642 NORTHWESTERN BELL TELEPHONE CO SERVICE 3513.92
33643 FEDERAL RESERVE BANK PAYROLL 3-6-87 39884.23
33644 COMMISSIONER OF REVENUE PAYROLL 3-6-87 10547.24
33645 MEDCENTERS HEALTH PLAN INC MARCH HEALTH INSURANCE 7839.00
33646 GREAT WEST LIFE ASSURANCE CO PAYROLL 3-6-87 4878.00
33647 ICMA PAYROLL 3-6-87 685.00
33648 PERA MARCH LIFE INSURANCE
33649 INTL UNION OF OPERATING ENG MARCH UNION DUES 714.00
33650 PERA PAYROLL 3-6-87 21847.06
33651 UNITED WAY OF MINNEAPOLIS PAYROLL 1-9-87 TO 3-6-87 4.40
33652 CITY-COUNTY CREDIT UNION PAYROLL 3-6-87 808.13
13 33653 MARK & TERRY LOOP REFUND SPECIAL ASSESSMENT PAYOFF 87.72
33654 RECREONICS CORP ANCHOR SOCKETS-COMMUNITY CENTER 87.08137. 8
33655 NORTHWESTERN BELL TELEPHONE CO SERVICE
33656 AT & T INFORMATION SYSTEMS SERVICE 676.66
33657 AT & T INFORMATION SYSTEMS SERVICE 1155.94
33658 CITICORP INDUSTRIAL CREDIT SERVICE 656.81
106.96
33659 CRAGUNS CONFERENCE CENTER CONFERENCE-ANIMAL CONTROL
33660 DUN & BRADSTREET BUSINESS CONFERENCE-FINANCE DEPT 160.00
3366I MINNESOTA DEPT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATION 160.00
33662 MN DEPARTMENT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATION 25.2510
0
33663 COMMISSIONER OF REVENUE FEBRUARY FUEL TAX 7.10
33664 ELDON HIEBERT REFUND PLAN CHECK-BUILDING DEPT 211.13
31665 B DALTON BOOKSTORE BOOK-COMMUNITY CENTER 17. 5
17.95
16629954
/.3i
APRIL 7,1987
33666 PRIOR WINE CD WINE 864.43
33667 EAGLE WINE CD WINE 1362.48
33668 GRIGGS COOPER & CO INC LIQUOR 4002.31
k-569 ED PHILLIPS & SONS CO LIQUOR 2097.20
J70 QUALITY WINE CO WINE 1664.78
33671 JOHNSON BROTHERS WHOLESALE LIQUOR WINE 3474.27
33672 PAUSTIS & SONS CO WINE 92.94
33673 CAPITOL CITY DISTRIBUTING CO WINE 202.48
33674 GENO SCHMELKE HP 150 COMPUTER & DISK DRIVE 1400.00
33675 UNIVERSITY OF MINNESOTA CONFERENCE-BUILDING DEPT 60.00
33676 ICMA CONFERENCE-POLICE DEPT 19.95
33677 I8M SERVICE 424.32
33678 MCDONALDS EXPENSES-COMMUNITY CENTER 9.01
33679 NORTHERN STATES POWER CO SERVICE 26624.61
33680 MET SPORT CENTER DISNEY ON ICE TICKETS 432.00
33681 STATE OF THE REGION -CONFERENCE-CITY COUNCIL MEMBERS/CITY 140.00
MANAGER
33682 MCGLYNNS BAKERY EXPENSES-COMMUNITY CENTER I7.80
33683 SEARS MAGNETIC ANGLE FINDER-PARK MAINTENANCE 11.99
33684 FLOWERTOWN CHAISE LOUNGE-CITY HALL 368.98
33685 COMMISSIONER OF REVENUE FEBRUARY 87 SALES TAX 12981.70
33686 VOID OUT CHECK 0.00
33687 SCOTT BARTEL REFUND-SWIMMING CLASSES 14.00
33688 JUDY 8U8LITZ REFUND-HOCKEY CLASSES 50.00
33689 SCHOOL DISTRICT 272 CONFERENCE-POLICE DEPT 14.00
33690 STEPHANIE DENHARDT REFUND-SWIMMING CLASSES 37.00
33691 SARAH HANSON REFUND-SWIMMING CLASSES 12.25
33692 ZACHARY HANSON REFUND-SWIMMING CLASSES 12.25
33693 MICK WEIR REFUND-RACQUETBALL CLASSES 26.00
! 94 STATE TREASURER CERTIFICATION FEES-WATER DEPT 45.00
04o95 CHAD MAYES REFUND-SWIMMING CLASSES 14.00
33696 MIKE LEININGER REFUND-WINTER DAY CAMP 12.00
33697 EDEN PRAIRIE GROCERY STAMPS-AWARDS BANQUET 28.80
33698 NORTHWESTERN 8ELL TELEPHONE CO SERVICE 90.12
33699 MINNESOTA REC & PARK ASSOC MENS SOFTBALL TOURNAMENT-FEES PAID 35.00
33700 SHHSC CONFERENCE-HUMAN RESOURCES 3.00
33701 VOID OUT CHECK 0.00
33702 VOID OUT CHECK 0.00
33703 PRIOR WINE CO WINE 201.06
33704 EAGLE WINE CO WINE 504.23
33705 GRIGGS COOPER & CO INC LIQUOR 2778.77
33706 ED PHILLIPS & SONS CO LIQUOR 9751.14
33707 QUALITY WINE CO WINE 1917.51
33708 JOHNSON 8R0THERS WHOLESALE LIQUOR WINE 4551.64
33709 NORTHWESTERN 8ELL TELEPHONE CO SERVICE 109.56
33710 MINNESOTA ASSOC OF URBAN MANAGEME CONFERENCE-ASSISTANT TO THE CITY MANAGER 20.00
33711 ADAM VAN WAGNER REFUND-SWIMMING CLASSES 11.00
33712 NICHOLAS VAN WAGNER REFUND-SWIMMING CLASSES 11.00
33713 MERLEEN MENTZER REFUND-ADULT DAY OUTING 12.00
33714 VERDA HOPSTER REFUND-ADULT DAY OUTING 12.OD
33715 DOROTHY 8REZDEN REFUND-ADULT DAY OUTING 12.00
33716 VIOLET LAPPIN REFUND-ADULT DAY OUTING 12.00
3"17 DIANE DEPOE REFUND-ADULT DAY OUTING 12.00
7656058
v d,
APRIL 7;1987
33718 FERN CONOR REFUND-ADULT DAY OUTING 12.0
33719 VOID OUT CHECK 0.00
\'20 MINNESOTA DEPT OF P/S MOTOR VEHICLE REGISTRATION 141.75
/21 JOHN FRANE FEBRUARY EXPENSES 165.00
33722 NORWEST BANK HOPKINS PAYROLL 3-20-87 800.00
33723 JASON-NORTHCO PROPERTIES APRIL 87 LIQUOR STORE RENT 4972.30
33724 AT & I COMMUNICATIONS SERVICE 145.01
33725 AT & T INFDRMATION SYSTEMS SERVICE 831.75
33726 AT & T INFORMATION SYSTEMS SERVICE 9.69
33727 ICMA CONFERENCE-PUBLIC WORKS 37.95
33728 MINNESOTA GAS CO SERVICE 1942.71
33729 VOID OUT CHECK 0.00
33730 NORTHERN STATES POWER CO SERVICE 8374.62
33731 PETTY CASH EXPENSES 69.39
33732 AT & T INFORMATION SYSTEMS SERVICE 13.80
33733 MINNESOTA GAS CO SERVICE 2686.81
33734 RITA L ANDERSON ELECTION JUDGE 72.00
33735 PRISCILLA A BAILEY ELECTION JUDGE 69.75
33736 JUDITH E BAKER ELECTION JUDGE 72.00
33737 LEONE BARTA ELECTION JUDGE 69.75
33738 BERNADINE BEAUVAIS ELECTION JUDGE 69.75
33739 ADELINE M BRAMWELL ELECTION JUDGE 88.00
33740 JEANNE A BRANDT ELECTION JUDGE B8.00
33741 CHERYL BRIDGE ELECTION JUDGE 86.62
33742 ROBERTA BRONSON ELECTION JUDGE 69.75
33743 DOROTHY CABA ELECTION JUDGE 70.87
33744 BARBARA GALE CAIL ELECTION JUDGE 100.37
31745 LINDA CAMPBELL ELECTION JUDGE 40.50
16 ANN CHEATHAM ELECTION JUDGE 72.00
3J/47 NANCY DOWNEY ELECTION JUDGE 70.87
3374E VIRGINIA K GARTNER ELECTION JUDGE 101.75
33749 JULIET GLEASON ELECTION JUDGE 69.75
33750 LEOTA HALES ELECTION JUDGE 69.75
33751 CHERYL HANSEN ELECTION JUDGE 72.00
33752 JUNE L HANSEN ELECTION JUDGE 69.75
33753 HELEN HAUPT ELECTION JUDGE 90.75
33754 CAROLE HEDLUND ELECTION JUDGE 69.75
33755 CAROL HEGGE ELECTION JUDGE 69.75
33756 MARY B HELFAND ELECTION JUDGE 69.75
33757 BERNICE M HOLASEK ELECTION JUDGE 72.00
3375E ALLENE HOOKOM ELECTION JUDGE B6.62
33759 ISABELL IVERSON ELECTION JUDGE 69.75
33760 ELAINE M JACQUES ELECTION JUDGE 69.75
33761 BILL JILLISON ELECTION JUDGE 4.50
33762 BILL JELLISON ELECTION JUDGE 4.50
33763 SHIRLEY JELLISON ELECTION JUDGE 85.25
33764 LYLE J JOHNSTON ELECTION JUDGE 69.75
33765 PAULINE G JOHNSTON ELECTION JUDGE 72.00
33766 DELORES KLEIN ELECTION JUDGE 70.87
33767 SUE LANE ELECTION JUDGE B5.25
33768 GEORGE ANN LILLIE ELECTION JUDGE 88.00
33769 NANCY LITTLE ELECTION JUDGE 70.87
33770 VIOLA MCLAIN ELECTION JUDGE 70.87
?-71 LYDIA MARTINSON ELECTION JUDGE 69.75
.. .2 CAROLE MEIDINGER ELECTION JUDGE 72.00
2298774
APRIL 7..1987
33773 JUDY MILLER ELECTION JUDGE 69.75
33774 JOYCE MYHRE ELECTION JUDGE 68.62
'775 KATHLYN NICHOLSON ELECTION JUDGE 72.00
k ,776 ANN PARKER ELECTION JUDGE 68.62
33777 JAMES RANNOW ELECTION JUDGE 88.00
33778 LAURINA REIFF ELECTION JUDGE 4.50
33779 FRANCES SCHAITBERGER ELECTION JUDGE 74.25
33780 RUTH SCHNEIDER ELECTION JUDGE 36.00
33781 AL ICE SMITH ELECTION JUDGE 69.75
33782 ANNE THOMAS ELECTION JUDGE 4.50
33783 RUTH L TRAASETH ELECTION JUDGE 69.75
33784 ELAINE UDSTUEN ELECTION JUDGE 70.87
33785 MARY UPTON ELECTION JUDGE 68.62
33786 MELODY VILLARS ELECTION JUDGE 70.87
33787 MARIE WITTENBERG ELECTION JUDGE 72.00
33788 ETHYL L WOKASCH ELECTION JUDGE 70.87
33789 JO ANN WRONSKI ELECTION JUDGE 88.00
33790 BARBARA YANDERPLOEG ELECTION JUDGE 88.00
13791 AAMI MINI BLINDS-POLICE DEPT 73.83
33792 A & H WELDING & MFG CO STEEL PARTS-EQUIPMENT MAINTENANCE 40.00
33793 ACRO-MINNESOTA INC OFFICE SUPPLIES 742.37
33794 ADMIRAL WASTE MGMT INC MARCH 87 TRASH DISPOSAL-PUBLIC SAFETY 51.75
33795 AFTON ALPS SKI AREA LIFT TICKETS FOR SKI TRIP-COMMUNITY CENTER 663.50
33796 ALPHA VIDEO & AUDIO AUDIO CASSETTE TAPES-POLICE DEPT 26.80
33797 AMERICAN LINEN SUPPLY CO TOWELS-LIQUOR STORE 9.05
33798 EARL F ANOERSEN & ASSOC INC BATTERIES-STREET MAINTENANCE 49.25
33799 APACHE PAPER CO OF MN \0(\\b� PLASTIC TARPS FOR SAND PILES-STREET DEPT 360.92
MOO B R W INC -SERVICE-VALLEY VIEW ROAD-MITCHELL TO 4461.53
C6' i. p COUNTY RDAD 4
ss801 BMS OFFICE STORE INC,- iO� ,,� edn1 MAINTENANCE AGREEMENT-POLICE DEPT 74.00
338D2 PATRICIA BARKER `�0 aka
,33803 ARNIE BARNES �1�'� VOLLEYBALL OFFICIAL/FEES PD 52.00
33804 BATTERY & TIRE WAREHOUSE INC' 46) -SPARK PLUGS/BATTERIES/MUFFLER CLAMPS/ 370.44
Qd THERMOSTAT-EQUIPMENT MAINTENANCE
33805 TIM BLOCK v' .4 BASKETBALL OFFICIAL/FEES PD 40.50
33806 SAM BLOOM IRON & METAL CO L' STEEL-PARK MAINTENANCE 94.18
33807 CITY OF BLOOMINGTON JANUARY & FEBRUARY 87 IMPOUND SERVICE 650.00
33808 LOIS BOETTCHER -PARK & RECREATION COMMISSION MEETING 21.31
/ MINUTES FOR 3/16/87
33809 BORCHERT-INGERSOLL INC SWITCH-EQUIPMENT MAINTENANCE 21.56
1 33810 BOYUM EQUIPMENT INC SWEEPER BROOMS-STREET MAINTENANCE 1709.00
33811 BRO-TEX INC GREASE RAGS-EQUIPMENT MAINTENANCE 122.37
133812 BROCK WHITE COMPANY SUPPLIES-ENGINEERING DEPT 21.24
33813 ANDREA BROSCH RACQUETBALL INSTRUCTOR/FEES PD 167.00
33814 BROWN PHOTO FILM PROCESSING 381.00
15 AAMI MINI BLINDS-POLICE DEPT 73.83
33816 A & H WELDING & MFG CO STEEL PARTS-EQUIPMENT MAINTENANCE 40.00
33817 ACRO-MINNESOTA INC OFFICE SUPPLIES 742.37
33818 ADMIRAL WASTE MGMT INC MARCH 87 TRASH DISPOSAL-PUBLIC SAFETY 51.75
33819 AFTON ALPS SKI AREA LIFT TICKETS FOR SKI TRIP-COMMUNITY CENTER 663.50
33820 ALPHA VIDEO & AUDIO AUDIO CASSETTE TAPES-POLICE DEPT 26.80
33821 AMERICAN LINEN SUPPLY CO TOWELS-LIQUOR STORE 9.05
33822 EARL F ANDERSEN & ASSOC INC BATTERIES-SIGN DEPT 49.25
?""?3 APACHE PAPER CO OF MN PLASTIC TARPS FOR SAND PILES-STREET DEPT 360.92
24 B R W INC -SERVICE-VALLEY VIEW ROAD-MITCHELL TO 4461.53
COUNTY ROAD 4
1788507
33825 BMS OFFICE STORES INC MAINTENANCE AGREEMENT-POLICE DEPT 74.00
33826 PATRICIA BARKER MILEAGE 47.50
33827 ARNIE BARNES VOLLEYBALL OFFICIAL/FEES PD 52.00
33828 BATTERY & TIRE WAREHOUSE INC -SPARK
KS PLUGS/BITTERIES/NFFLERCE CLAMPS/ 370.44
THERM(-0829 TIM BLOCK BASKETBALL OFFICIAL/FEES PD 40.50
33830 SAM BLOOM IRON & METAL CO STEEL-PARK MAINTENANCE 94.18
33831 CITY OF BLOOMINGTON JANUARY & FEBRUARY 87 IMPOUND SERVICE 650.00
33832 LOIS BOETTCHER -PARK & RECREATION COMMISSION MEETING 21.31
MINUTES FOR 3/16/87
33833 BORCHERT-INGERSOLL INC SWITCH-EQUIPMENT MAINTENANCE 21.56
33834 BOYUM EQUIPMENT INC SWEEPER BROOMS-STREET MAINTENANCE 1709.00
33835 BRO-TEX INC GREASE RAGS-EQUIPMENT MAINTENANCE 122.37
33836 BROCK WHITE COMPANY SUPPLIES-ENGINEERING DEPT 21.24
33837 ANDREA BROSCH RACQUETBALL INSTRUCTOR/FEES PD 167.00
33836 BROWN PHOTO FILM PROCESSING 381.00
33839 BURTON EQUIPMENT INC CEILING FAN-WATER DEPT 104.00
33840 BUSINESS FURNITURE INC ACOUSTIC OFFICE PARTITIONS-POLICE DEPT 6303.00
33841 CARDOX CORP CARBON DIOXIDE-WATER DEPT 898.73
33842 WILLIAM CARROLL BASKETBALL OFFICIAL/FEES PD 180.00
33843 CENTRAIRIE INC CONDENSOR-FIRE DEPT 3055.00
33844 CERTIFIED RUSTPROOFERS INC RUSTPROOFING-EQUIPMENT MAINTENANCE 100.00
33845 COMMUNICATIONS CENTER -5 MOBIL RADIOS @$1006.34 EACH-EQUIPMENT 5189.70
MAINTENANCE & WATER DEPT
33846 CONCEPT MICROFILM INC MICROFILMING-ENGINEERING DEPT 1336.20
33847 CONSULTING GROUP FEBRUARY B7 CDNSULTING SERVICE 100.00
33848 CONWAY FIRE & SAFETY INC FACESHIELDS/BOOTS-FIRE DEPT 431.10
33649 COPY EQUIPMENT INC -OPERATING SUPPLIES-ENGINEERING DEPT & 130.68
PARK PLANNING
31850 CORPORATE RISK MANAGERS INC MARCH 87 INSURANCE CONSULTANT 400.00
51 CROWN/AUTO INC -WHEEL COVERS/PARTS-WATER DEPT & EQUIPMENT 46.01
MAINTENANCE
33852 CROWN RUBBER STAMP CO -NAME PLATES-PLANNING COMMISSION & HUMAN 75.15
RESOURCES
33853 CULLIGAN SERVICE 12.55
33654 CURTIS INDUSTRIES CLEANING SUPPLIES-EQUIPMENT MAINTENANCE 275.19
33855 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 5012.20
33856 DALCO -CLEANING SUPPLIES-COMMUNITY CENTER/FLOOR 1898.29
33857 CRAIG W DAWSON SCRUBBER & VACUUM CLEANER-POLICE DEPT
MEETING EXPENSES 33858 DEM CON LANDFILL INC DUMPING CHARGES-PARK MAINTENANCE 30.00
33659 DEVOE & REYNOLDS CO PAINT-WATER DEPT 20.00
33860 DICTAPHONE PHONE RECORDER-POLICE DEPT 351.87
33861 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 112.65
12.65
33862 EAGLE SNACKS INC SUPPLIES-LIQUOR STORE 21.12
33863 EDEN PRAIRIE FIRE DEPT -MEMBERSHIP DUES/RETIREMENT DINNER 940.00
EXPENSES-FIRE DEPT
33864 E P ROBINS DELI EXPENSES-HUMAN RESOURCES DEPT 31.50
33865 ELK RIVER CONCRETE PRODUCTS MANHOLE COVERS-STREET DEPT P58.P2
33866 ELVIN SAFETY SUPPLY INC SAFETY BOOTS-WATER DEPT 44.95
33867 CHRIS ENGER MARCH 87 EXPENSES 165.00
33868 FARWELL OZMUN KIRK ROPE-COMMUNITY CENTER 27.66
33869 FEDERAL EXPRESS CORP POSTAGE 33.00
33870 FIRESTONE #7332 REFUND-OVERPAYMENT DN UTILITY BILL 374.05
"84579
APRIL 7,19B7
33B71 FITNESS ASSOCIATES INC STRESS TESTS-POLICE DEPT B50.00
33B72 FITNESS STORE -PULLEY WHEELS/CRANK OVERHAUL/SIDE GUARD/ 219.02
CHAIN GUARD/CABLE-COMMUNITY CENTER
i '873 FLUOROCARBON REFUND-OVERPAYMENT ON UTILITY BILL 2357.01
l 874 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 362.19
33B75 G L CONTRACTING INC SERVICE-HARROGATE DR & NEILL LAKE RD 2975.86
33B76 KARLTON GEMPLER REFUND-OVERPAYMENT ON UTILITY BILL 114.68
33B77 GENERAL COMMUNICATIONS INC RADIO REPAIRS-POLICE DEPT 516.44
33878 LARRY GESSLER BASKETBALL OFFICIAL/FEES PD 54.00
33B79 GLENWOOD INGLEWOOD SERVICE 61.44
33B80 W W GOETSCH ASSOC INC SUMP PUMP REPLACEMENT-WATER DEPT 2198.00
33B81 GOODYEAR TRUCK TIRE CENTERS TIRES-EQUIPMENT MAINTENANCE 445.60
338B2 R L GOULD & CO INC BLADE SHARPENER-PARK MAINTENANCE 1795.00
33883 W W GRAINGER INC SMALL TOOL-PARK MAINTENANCE 45.8E
33B84 ROBERT GRAHAM ICE SCULPTURE-FIRE DEPT 125.00
33885 GREATER MPLS AREA SUBSCRIPTION-ASSESSING DEPT 50.OD
33886 DOUG GREEN HOCKEY OFFICIAL/FEES PD 20.00
338B7 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT & FIRE DEPT 28.80
33888 HARMON GLASS -WINDSHIELD & SAFETY SHIELD-EQUIPMENT 176.27
MAINTENANCE
33BB9 HENNEPIN COUNTY TREASURER JANUARY 87 EQUIPMENT RENTAL-FORESTRY DEPT 1194.39
33890 HENN CTY CHIEFS ASSN MEMBERSHIP DUES-POLICE DEPT 80.00
33891 HENN CTY DEPT OF PROPERTY TAX POSTAGE-VOTER REGISTRATION VERIFICATIONS 22.6B
33892 HENNEPIN COUNTY -DECEMBER 86 ADDITIONAL & FEBRUARY 87 1818.12
BOARD OF PRISONERS
33893 HENN CTY-SHERIFFS DEPT FEBRUARY 87 BOOKING FEE 373.30
33894 HENNEPIN COUNTY PUBLIC RECORDS FILING FEES-ENGINEERING DEPT 53.0D
33B95 D C HEY CO INC -COPIER & TONER-PUBLIC WORKS BUILDING/ 153B.00
SERVICE-CITY HALL
196 EUGENE HICKOK & ASSOCIATES -FEBRUARY 87 SERVICE-PURGATORY RECREATION 1882.B3
AREA
v 33897 HDLMSTEN ICE RINKS INC PUMP REPAIRS-COMMUNITY CENTER 107.46
3389E HOMEPLACE BLDRS REFUND-BUILDING PERMIT 20.50
33899 HONEYWELL INC -AIR COMPRESSOR $4BB4/MECHANICAL EQUIPMENT 13944.00
MAINTENANCE AGREEMENT $9060-WATER DEPT
33900 HONEYWELL INC 1ST QTR MAINTENANCE AGREEMENT-WATER DEPT 3579.00
33901 HOPKINS CAR CARE CENTER SERVICE 52.50
33902 HYDRAULIC SERVICES INC CYLINDER RESEALED-EQUIPMENT MAINTENANCE 103.98
33903 IBM SERVICE 1004.49
33904 IBM APRIL 87 MAINTENANCE AGREEMENT 424.32
33905 INDEPENDENT SCHOOL DIST 0272 -FEBRUARY 87 CUSTODIAL SERVICE/EXPENSES- 2776.44
ELECTIONS
33906 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS-WATER DEPT 142.68
33907 INTL CONFERENCE OF BLDG OFFICIALS SUBSCRIPTION-FIRE DEPT 30.00
33908 INTL OFFICE SYSTEMS INC MAINTENANCE AGREEMENT-POLICE DEPT 142.14
33909 JM OFFICE PRODUCTS INC OFFICE SUPPLIES 307.06
33910 DENNIS KETTELHUT BROOMBALL OFFICIAL/FEES PD 200.0D
33911 MARY KOTTKE VOLLEYBALL & BASKETBALL OFFICIAL/FEES PD 265.00
339I2 LAB SAFETY SUPPLY SUPPLIES FOR EVIDENCE ROOM-POLICE DEPT 29.15
33913 LAKESIDE FUSEE CORP FLARES-POLICE DEPT 499.88
33914 BOB LANZI VOLLEYBALL OFFICIAL/FEES PD 143.00
33915 LEEF BROS INC RUG CLEANING-PUBLIC WORKS BUILDING 42.00
33916 LEFEVERE LEFLER KENNEDY JANUARY 87 LEGAL SERVICE 201.50
33917 L LEHMAN & ASSOCIATES INC LEGAL SERVICE 2613.25
" 118 DAVID LINDAHL MILEAGE 18.25
4600411
T 3'1
i
APRIL 7,1987
33919 JAMES SCHMIDT REFUND-INTEREST ON UTILITY BILL
33920 JOE MAAS REFUND-OVERPAYMENT ON UTILITY BILL 95.7
921 MACQUEEN EQUIPMENT INC -COUPLINGS/BUSHINGS/BRACKETS/SCREWS/CLIPS/ 337.79
-RELIEF VALVE/SPRAY NOZZLE/TOW BAR 33922 MIKE MARUSHIN DISK-
EQUIPMENT MAINTENANCE
-DRILL BITS/SCREWDRIVERS/BATTERY PLIERS/ 74.70
33923 RANDY FENDER COVER-EQUIPMENT MAINTENANCE
33923 RANDY MASONSONRATION HOCKEY OFFICIAL/FEES PD 93.00
-COMPUTER & PRINTER SET UP $8282.00/APRIL 9482.00
-MAINTENANCE AGREEMENT $1050.00/DATA
33925 MCGLYNN BAKERIES INC CARTRIDGES-POLICE DEPT
33926 NORWEST BANK FOR THE ACCOUNT OF PAYROLLS4/3/87-CITY HALL & POLICE DEPT 43.20
33927 MCGLYNN BAKERIES INC EXPENSES-FIRE DEPT 209.00
33928 MCGUIRE MECHANICAL REFUND-BUILDING PERMIT 145.50
1
33929 MEDICAL OXYGEN & EQUIP CO OXYGEN CYLINDERS-FIRE DEPT 0.44
33930 MERIT/JULIAN GRAPHICS ENVELOPES-CITY HALL 30.98
33931 METHODIST HOSPITAL COPIES OF INJURY REPORT-POLICE DEPT 316.00
33932 METRO ALARM INC -2ND QTR SECURITY SYSTEM-PUBLIC WORKS 2.00
7
BUILDING 2.00
33933 METROPOLITAN FIRE EQUIP CO -FIRE EXTINGUISHER INSPECTIONS-CITY HALL & 65.25
33934 METRO FORE COMM INC LIQUOR STORES
APRIL 87 PAGER RENTAL-SEWER DEPT 10.50
33934 METRO FOIETINM INC
33936 VOID OUT CHECK ENVELOPES & FORMS-POLICE DEPT 384.00
33937 METRO SYSTEMS FURNITURE CHAIRS-CITY HALL 0.00
33938 MICRO OVENS OVEN REPAIRS-COMMUNITY CENTER 6040.00
33939 MIDLAND EQUIPMENT CO METAL FOR TRAILER-PARK MAINTENANCE 80.000.00
4D MPLS AREA CHAPTER -CPR EQUIPMENT RENTAL-FIRE DEPT/BOOKS-
COMMUNITY CENTER 355.00
33941 MPLS STAR & TRIBUNE CO ADS-CITY HALL
33942 KAREN MICHAEL MILEAGE 273.50
33943 MN CELLULAR TELEPHONE CO SERVICE 72.78
33944 MN CELLULAR TELEPHONE CO SERVICE 10.62
33945 MINNESOTA COMMUNICATIONS CORP -12 PAGERS $2472.00/FEBRUARY & MARCH 87 26090.84
2.20
33946 MINNESOTA SERVICE-POLICE DEPT & FIRE DEPT
33946 MN STREETT DAILYAL ASSN EMPLOYMENT ADS-COMMUNITY CENTER
33948 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORE
MEMBERSHIP STREE7 DEPT 67.20
33949 MINNESOTA SUBURBAN NEWSPAPERS INC EMPLOYMENT ADS-CITY HALL 15.006
33950 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 105.96
33951 MINUTEMAN PRESS 161.95377
33952 MOTOROLA INC BUSINESS CARDS-FIRE DEPT .
33952 MTI DISTRIBUTING CO RADIO REPAIRS-FIRE DEPT 56.10
BRAKE SHOE-EQUIPMENT MAINTENANCE 228.93
33954 GREG MUELLER VOLLEYBALL OFFICIAL/FEES PD 92.34
33955 VOID OUT CHECK104.00
33956 MUNICI PALS ASSOCIATION MEMBERSHIP DUES 0.00
33957 MUNITECH INC COMPOUND METER REPAIRS-WATER DEPT 4.00
25
33958 MY CHEESE SHOP EXPENSES-FIRE DEPT 15 .
33959 NATL ASSOC OF POLICE PLANNERS MEMBERSHIP DUES-POLICE DEPT 151.04
33960 NATL OFFICE INTERIORS INC TABLES & CHAIRS FOR NEW CITY OFFICES 27.67
33961 NORTHLAND BUSINESS COMM SYSTEMS -DICTAPHONE REPAIRS-POLICE DEPT/RECORDER & 23327.67
51.90
'62 NORTHWESTERN BELL CASSETTES-COMMUNITY SERVICES
,63 NORTHWOOD GAS CO REPAIR CABLE AT MITCHELL RD & RESEARCH RD 128.30
SERVICE 18.75
4745611
•
APRIL 7,1987
33964 LEE OBERG HOCKEY OFFICIAL/FEES PD 159.00
33965 OCHS BRICK & TILE CO CEMENT-SEWER DEPT 66.00
'966 OFFICE PROOUCTS OF MN INC -2 PRINTERS $1118.00/2 COMPUTERS $3596.00/ 5597.00
-DISK DRIVE $677.00-ENGINEERING DEPT/
PRINTER RIBBONS-CITY HALL
33967 OPEN PLAN MARKETING INC PARTITIONS-COMMUNITY CENTER 500.00
33968 PEDERSON SELLS EQUIP CO INC -HYDRAULIC PUMP REPAIRS-EQUIPMENT 183.46
MAINTENANCE
33969 PENNWELL BOOKS BOOKS-FIRE DEPT 101.94
33970 CATHY PERIA MILEAGE 8.86
33971 PETTY CASH-PUBLIC SAFETY DEPT EXPENSES-POLICE DEPT 50.06
33972 POMMER MFG CO INC VOLLEYBALL TROPHIES-COMMUNITY CENTER 75.00
33973 PRAIRIE ELECTRIC COMPANY INC -LIGHT FIXTURE REPAIRS-COMMUNITY CENTER & 656.05
LIQUOR STORE
33974 PRAIRIE HAROWARE -BATTERIES/KEYS CUT/SPONGES/PLUGS- 43.51
POLICE DEPT
33975 PRAIRIE HAROWARE PAINT/ROPE/DRILL BITS-FIRE DEPT 23.05
33976 PRAIRIE LAWN & GARDEN OIL-PARK MAINTENANCE 47.40
33977 JOYCE PROVO MILEAGE 11.15
33978 PSQ BUSINESS COMMUNICATIONS INC DEPOSIT-PHONE SYSTEM FOR NEW CITY OFFICES 3585.00
33979 PUMP & METER SERVICE INC GAS PUMP PARTS-EQUIPMENT MAINTENANCE 98.75
33980 QUALITY FITNESS FITNESS TESTS-COMMUNITY CENTER 10.00
33981 R & R SPECIALTIES INC ZAMBONI BLADE SHARPENING-COMMUNITY CENTER 180.60
33982 RETAIL DATA SYSTEMS OF MINNESOTA CASH REGISTER TAPE-LIQUOR STORE 97.92
33983 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-HIDDEN GLEN 3RD ADDITION & 1457.34
WYNDHAM KNOLL
33984 ROAD RESCUE INC -OXYGEN CYLINDERS/REPAIR CHARGE SYSTEM- 363.34
FIRE DEPT
65 RYANS RUBBER STAMPS RUBBER STAMPS-FINANCE DEPT 123.50
J 0986 ELIZABETH SAUGEN VOLLEYBALL OFFICIAL/FEES PD 325.00
33987 ERIC SAUGEN VOLLEYBALL OFFICIAL/FEES PD 403.00
339B8 SAVOIE SUPPLY CO INC CLEANING SUPPLIES-EQUIPMENT MAINTENANCE 162.50
33989 DALE SCHMIDT MEETING EXPENSES 19.00
33990 SEARS ROEBUCK & CO HAMMER DRILL FIRE DEPT 168.30
33991 SHAKOPEE FORD INC -OIL PAN/GASKET/AUTO BODY REPAIRS-POLICE 1265.49
DEPT & FIRE DEPT
33992 SHERWIN WILLIAMS CO PAINT-PARK MAINTENANCE 360.75
33993 THE SKETCH PAD INVITATION SET UP FOR AWARDS BANQUET 30.00
33994 W GORDON SMITH CO -CLEANING SUPPLIES/UNLEADED GAS/REGULAR 2757.22
-GAS/ANTIFREEZE/OIL/FLARES/BUMPER-FIRE
DEPT & MAINTENANCE
33995 SNAP ON TOOLS CORP -SOCKETS//SCRAPERS/SCREWDRIVERS-EQUIPMENT 60.65
MAINTENANCE
33996 SNYDER DRUG STORES INC FILM-COMMUNITY CENTER 11.37
33997 PAT SOLIE EXPENSES-FINANCE DEPT 31.78
33998 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-COMMUNITY CENTER/CITY HALL 228.00
33999 SPECIALTY SCREENING -AWARD PLAQUES/VEHICLE EMBLEMS-FIRE DEPT & 560.50
POLICE DEPT
34000 SPEEDY PRINTING CENTERS PRINTING FOR AWARDS BANQUET 138.90
34001 SQUARE CUT SHELVES FOR RADIO CHARGER-FIRE DEPT 195.87
34002 STATE OF MINNESOTA SERVICE 140.00
34003 STREICHERS PROFESSIONAL POLICE EQ -AMMUNITION-POLICE DEPT/WARNING LIGHT- 208.25
3""'14 STS CONUSULTANTS LTD STREET MAINTENANCE
)4 SUBURBAN CHEVROL T SERVICE-WATER TREATMENT PLANT ADDITION 574.72
1987 CHEVY VAN-SENIOR CENTER 14949.35
3602958
"73 C)
APRIL 7,1987
34006 NATALIE SWAGGERT FEBRUARY & MARCH 87 EXPENSES 0g4q
34007 SKIP SWANSON VOLLEYBALL OFFICIAL/FEES PD 352.00
( 908 THANE HAWKINS CHEVROLET 2 PICKUPS-PARK MAINTENANCE/2 POLICE CARS 41200.00
\, ,009 THOMAS PONTIAC BUICK GMC 1987 PONTIAC-POLICE DEPT 10734.00
34010 STANLEY W TULL CO INC BEARINGS-EQUIPMENT MAINTENANCE 64.00
34011 TWIN CITY OXYGEN CO -CARBON DIOXIDE/OXYGEN-PARK MAINTENANCE & 57.02
STREET DEPT
34012 TWIN CITY TESTING SERVICE-VALLEY VIEW ROAD 1092.08
34013 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 242.20
34014 UNIVERSITY OF MINNESOTA CONFERENCE-CITY HALL 23.OD
34015 UNLIMITED SUPPLIES INC SUPPLIES-COMMUNITY CENTER 10.00
34016 US WATER NEWS SUBSCRIPTION-WATER DEPT 34.00
34017 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 223.69
34018 VESSCO INC TACHOMETER/COVER-WATER DEPT 222.34
34019 VIKING AUDIO VISUAL INC PROJECTOR-POLICE DEPT 845.97
34020 VIKING CHEVROLET CO -6 PICKUPS-BUILDING/STREET/WATER DEPT/ = 45837.00
PARK MAINTENANCE
34021 VIKING OFFICE PRODUCTS OFFICE SUPPLIES-FIRE DEPT 11.78
34022 VOSS ELECTRIC CO LIGHT BULBS-PUBLIC SAFETY BUILDING 299.40
34023 KEITH WALL EXPENSES-POLICE DEPT 37.24
34024 WATER PRODUCTS CO -2 3" METERS 52532.00/60 5/8" METERS 6958.62
-2753.40/10 MASONRY SAWBLADES/312 GASKET
PVC PIPE
34025 LYNNETTE WEISGRAM VOLLEYBALL & BASKETBALL OFFICIAL/FEES PD 75.00
34026 WENZEL MECHANICAL SERVICE-QUAILRIDGE APARTMENTS 355.00
34027 WESTERN CHEMICAL CO -FREIGHT:CHARGES FOR CHEMICALS DELIVERED 326.60_
34028 XEROX CORP WATER DEPT
SERVICE 91.00
29 YOUNGSTEDTS GOODYEAR TIRE ALIGN TIRES-EQUIPMENT MAINTENANCE P9.95
34030 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-WATER DEPT 12.85
34031 ZIEGLER INC GASKET/SEAL VALVE/WATER PUMP-STREET DEPT 452.28
10965486
5554723.3B
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 13 -87
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REPEALING
SECTION 2.12, ENTITLED "DEVELOPMENT COMMISSION", OF THE CITY
CODE.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Section 2.12 of the City Code is repealed in
its entirety.
Section 2. 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 , 1987,
and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of
, 1987.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
PUBLISHED in the Eden Prairie News on the day of
'1 U 1
IMEMORANDUM
TO: Mayor and City Council 1
i
FROM: Steve Durham, Assistant Planner q
9
THROUGH: Chris Enger, Director of Planning 1
DATE: April 1, 1987
RE: Appeal for Variance Request #87-08
The Board of Adjustments and Appeals, on February 12, 1987, granted a variance to
permit construction of a new house 10' from a side lot line versus 15' required in
the R1-22 Zoning District. The site is Lot 9, Block 3, Padon Down's Second Addition
located south of Ouck Lake and west of Duck Lake Road. The Board of Adjustments and
Appeals also granted a variance for this lot from the Shoreland Ordinance on May 8,
1986. The variance was to allow construction of a new home 33' from the Ordinary
High Water Mark of Duck Lake and a 30' front yard setback. The lot was platted in
the mid to late 1950's prior to the Shoreland Ordinance adopted in 1982. In order
for construction to occur on the lot, a variance process was necessary.
The appellant, a neighboring resident, requests the City Council to review Variance
Request #87-08 pertaining to the side yard setback. The appellant is also
questioning Variance Request #86-11, granted in May of 1986, pertaining to the
variance from the Shoreland Ordinance. The Council should be aware that the time
frame to appeal Variance Request #86-11 has lapsed. The appeal currently submitted
pertains to variance relating to the side yard setback. The variance for the 10'
side yard setback was anticipated with the granting of Variance Request #86-11.
9S
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Corti 1..."M,,.kf 1LIP, PET ERBORG ROAD
øarh p tøctor
Mr. Carl Jullie, Manager
City of Eden Prairie
March 31, 1997
Dear Mr. Jullie:
Thank you for arranging the opportunity for me to address the
City Council on April 7th.
My remarks will focus on the enclosed report from the Environmental
Defense Fund and I would like to highlight several areas for the Council
• Members and answers questions about the possibility of,ash coming to your
city.
Please copy the enclosed for the Council Members because I think they
will want their own report.
Sincere
Leslie Davis
1138 Plymouth Building, Minneapolis,Minnesota,55402 812-375.0202
ENVIRONMENTAL DEFENSE FUND
1616 P Street,NW
Washington,DC 20036
(202)387.3500
TESTIMONY OF
THE ENVIRONMENTAL DEFENSE FUND
AT'A HEARING BEFORE
THE SUBCOMMITTEE ON
TRANSPORTATION, TOURISM AND HAZARDOUS MATERIALS
♦
OF
THE HOUSE COMMITTEE ON ENERGY AND COMMERCE
ON
THE ENVIRONMENTAL HAZARDS OF
ASH FROM INCINERATION OF MUNICIPAL SOLID WASTE
•
March 19, 1987
National Headquarters
257 Park Avenue South
New York,NY 10010
(212)505.2100
1405 Arapahoe Avenue
Boulder.CO80302 Dr. Richard Denison
(303)440.4901 Robert V. Percival
•
2606 Dwight Way Michael Here
Berkeley,CA 94704
•
(415)548.8906
1108 East Main Street
Richmond.VA 23219
(804t780.1297
FO�4,.:4.1 Poser
Mr. Chairman, Members of the Subcommittee, thank you for inviting the
Environmental Defense Fund (EDF) to testify at this hearing. EDF is a
national non-profit environmental organization with more than 55,000 members
and offices in Washington, D.C., New York City, Berkeley. Boulder and
Richmond. For more than a decade EDF has played a leading role in efforts to
protect human health and the environment against mismanagement of hazardous
waste. Representing EDF today are staff scientist Dr. Richard A. Denison,
senior attorney Robert V. Percival, and staff attorney Michael Herz.
The subject of today's healing - the environmental hazards of ash from
municipal incinerators - is a particularly timely one. In the United States,
as in the rest of the world, the problem of disposal of municipal solid waste
(MSW) is reaching crisis proportions. Landfills in many areas are approaching
the limits of their capacity and new capacity is proving to be extremely
difficult to obtain. Incineration is increasingly viewed as an attractive
alternative for handling the vast amounts of MSW generated each day.
Although it is perceived by many as a "disposal" alternative,
incineration actually reduces the amount of municipal solid waste only by
about 70 percent; at the same time it concentrates toxic substances --
particularly metals -- that are present in the solid waste stream by
combusting the burnable fraction of waste and leaving behind the unburnable
fraction in the form of ash.
To date, little attention has been given to the ash residue of
incineration, even though it is generated in enormous volumes. However, new
information about the toxic characteristics of ash and concern over the
rapidly growing volume of ash being produced has renewed concerns over the
- 1 -
i
environmental consequences of municipal solid waste incineration, and, in
particular, the need to improve ash management practices.
Federal hazardous waste regulations currently mandate that any waste that
exhibits a hazardous characteristic be managed as a hazardous waste. These
regulations therefore would require that incinerator ash found to contain
sufficiently high concentrations of metals be managed as a hazardous waste.
However, this requirement has been generally ignored based on the
rarely-tested assumption that ash does not contain high concentrations of
metals. Yet recent test data demonstrate that this assumption often is
unfounded. Incinerator ash frequently contains metals - lead, cadmium,
arsenic and mercury - in such high concentrations as to constitute a hazardous
waste. These test results have important implications for proper ash
management practices.
I. ENVIRONMENTAL HAZARDS OF INCINERATOR ASH
MSW incineration produces two distinct types of ash -- bottom ash and fly
ash -- defined by the points at which they are collected. Bottom ash consists
of the uncombusted waste left on the grates after burning, and may contain
large pieces of metal or glass in addition to smaller ash particles. Fly ash
is entirely composed of small particles trapped by air pollution control
devices or otherwise removed from combustion gases. Both bottom and fly ash
are enriched in several toxic metals -- lead, cadmium, arsenic, mercury, zinc,
and copper. The fly ash component, approximately 10 percent of the total
residue, typically contains much higher concentrations of metals than does
bottom ash. In most existing facilities., these two wastestreams are combined, I_
thereby diluting metals contained in the fly ash.
. 2 .
�ii'(,'
Several metals present in ash are known to be highly toxic to humans or
other organisms. These metals are derived from materials routinely found in
municipal solid waste. For example, arsenic is used in wood preservatives and
household pesticides; cadmium is used in colored printing inks and small
batteries; lead is used in plastics, colored printing inks, paints,
insecticides, and lead batteries; mercury is contributed by newspaper,
batteries, and fungicides; and zinc is present in certain rubber products
(e.g., tires). These metals are not destroyed during incineration; rather they
are concentrated in ash or released to the air in flue gases. Thus, the
products of incineration still contain all of the toxic metals originally
present in the waste stream, and pose a continued and significant threat to
both human health and the environment.
Levels of toxic metals in incinerator ash are comparable or higher than
levels in other materials universally regarded as hazardous. As just one
example, typical combined ash from MSW incinerators contains about two parts
per thousand of lead, almost four times the maximum amount allowed in paint
since 1973. The table below indicates the range of metals concentrations
found in the fly ash from many different MSW incinerators.
Metals in Fly Ash
Range of
Metal Concentrations
(parts per million)
Lead 2,300-50,000
Cadmium 100-2,000
Arsenic 10-750
Mercury 8-300
- 3 -
I:1'1
Certain organic chemicals of concern also may be present in incinerator
ash. These include highly toxic dioxins and furans, chemicals that are
actually created in the incineration process. While the amount of these
compounds found in ash varies much more than does metal content, they have in
some cases been detected in ash at significant concentrations: up to 2,000
parts per billion (ppb) for total dioxins and up to 8 ppb for 2,3,7,8,-TCDD.
Testing of MSW incineration ash for such chemicals •- and development of
appropriate limits on their concentration •- is therefore essential.
EDF has compiled the results of recent tests of ash from many different
MSW incineration facilities across the country. These tests were conducted by
EPA, various state authorities, and private laboratories. With one exception,
these tests all employed the so-called extraction procedure (EP) toxicity test
that measures the short-term ability of toxic materials to leach from the ash
into slightly acidic water. The EP test is one of several tests developed by
EPA to identify hazardous wastes, and is the only one applicable to
incinerator ash.
All of the test results EDF has obtained to date for both fly ash and
combined ash are summarized in Appendix A. These data indicate that every fly
ash sample tested leached lead and/or cadmium in quantities sufficient to
render the ash a hazardous waste. Half of the combined ash samples tested
also failed the EP toxicity test, thus rendering the ash a hazardous waste.
(Although EPA currently is developing a new leaching procedure, the Toxicity
Characteristic Leaching Procedure, or TCLP, it expects that any ash sample
that fails the EP toxicity test correspondingly would fail the TCLP. EPA's
response to EDF's release of these data fs attached as Appendix B and EDF's
clarification of several points raised in EPA's response is Appendix C).
- 4 -
EDF believes that these data on ash toxicity from more than twenty
facilities, which EDF will be happy to make available to EPA, are likely to be
representative of ash from virtually all facilities that incinerate municipal
solid waste. The tests examined by EDF were performed on facilities employing
a wide range of both combustion and pollution control technologies, including
several state-of-the-art facilities. Thus, they indicate that the toxicity of
ash is quite technology-independent. Moreover, given the ubiquitous nature of
the materials contributing toxic metals to MSW, these metals can be expected
to be present in ash from any facility incinerating such waste. Because
incineration cannot destroy metals, any increase in the efficiency of air
pollution control devices will increase concentrations of metals in the ash.
Even when ash does not exhibit EP toxicity, it still contains very high
levels of toxic metals that may pose a threat to human health and the
environment. EP toxicity is a far-from-complete indicator of the degree of
hazard of ash. It is designed solely to determine the solubility of toxic
metals in slightly acidic water and does not adequately represent the range of
leaching conditions found in the municipal landfills where most ash-is
disposed; for example, it cannot account for the enhancement of leaching
potential caused by decomposition of landfilled waste, the presence of a
complex array of other substances, or other chemical effects that occur over
periods of time much longer than the 24-hour EP test.
Art additional serious shortcoming of using a leaching test as the sole
indicator of hazardousness is the inability of such a test to even begin to
address all plausible routes of exposure to MSW incinerator ash. The EP test
measures the potential for exposure by only one route: through groundwater
f contamination. By only measuring leaching, it completely fails to account for
1
exposure to substances still adsorbed to ash particles, which can occur
through direct inhalation or ingestion of contaminated soils, dust, or water.
Specifically, exposure to toxics present in ash can occur through a variety of
routes: directly, through exposure to (1) airborne or settled dust, (2)
: suspended particles that have been washed into surface water, or (3)
contaminated soil; and indirectly, through (4) the leaching of its toxic
constituents into groundwater or surface water, and (5) bioaccumulation and
contamination of food sources.
For these and other reasons, EDF believes that leaching tests greatly
underestimate the true risks associated with the high levels of metals in ash.
The true hazards of ash relate most closely to the total chemical composition
of the ash itself, not to the amount which can be solubilized and removed from
the particles when exposed to water or other solutions.
III. REGULATION OF ASH MANAGEMENT PRACTICES
To protect public health and the environment against mismanagement of
hazardous waste, Congress established a comprehensive, "cradle-to-grave"
scheme for regulation of hazardous waste when it enacted the Resource
Conservation and Recovery Act ("RCRA") in 1976. Subtitle C of RCRA, which was
substantially strengthened by the Hazardous and Solid Waste Amendments of
1984, mandates particularly stringent standards for the management of waste
deemed to be hazardous under Section 3001 of RCRA, 42 U.S.C. 6921. Section
3001(i) of RCRA provides that under certain circumstances a facility burning
municipal solid waste will not be deemed to be managing hazardous waste
subject to subtitle C regulation. This provision, however, does not exempt
such facilities from compliance with subtitle C requirements in management of
- 6 -
i2 )
any ash residua that qualifies as a hazardous waste. EPA has clearly
indicated that if ash residues from the burning of solid waste exhibit a
hazardous characteristic, then they are hazardous wastes that must be managed
in accordance with subtitle C standards. As EPA has recognized, if toxic
metals are present in ash in sufficiently high concentrations, the ash may
fail the EP toxicity test and thus be deemed a hazardous waste because of its
toxic character. 50 Fed. Reg. 28726-27 (July 15, 1985).
As explained above, test results demonstrate that incinerator ash
frequently "fails" the EP test and is thus a hazardous waste subject to
subtitle C regulations. Yet, despite the hazardous nature of such
incinerator ash, this material continues to be managed by the owners and
operators of municipal incinerators as a non-hazardous waste. Currently, most
ash is hauled to municipal sanitary landfills, often in uncovered trucks; in'
some locations, ash is being used to fill wetlands, as landfill cover, or as
deicing grit on public roads. This haphazard approach to disposing of
incinerator ash greatly enhances the likelihood of human and environmental
exposure to the toxic substances contained in ash.
Fly ash and bottom ash are separate wastes, chemically distinct and
generated at different points and by different processes in the operation of
an incineration facility. In most cases, however, fly ash is mixed with
bottom ash prior to disposal. Because fly ash is not specifically listed as a
hazardous waste under federal regulations, it is not subject to the RCRA
mixture rule, which states that generators of listed hazardous wastes cannot
escape compliance with subtitle C regulations simply by mixing such wastes
with non-hazardous wastes to dilute their toxic constituents. Although EPA
has proposed to close this loophole in the mixture rule, the owners and
- 7 -
r 'j
operators of municipal incinerators continue to mix fly and bottom ash in
order to dilute the toxic constituents of the fly ash. However, this mixing
does not effectively alter the hazardous character of the waste.
Some consider mixing of fly and bottom ash to constitute a form of
otc
��F treatment due to a stabilizing effect on metal leaching resulting from the
alkaline nature of bottom ash. In this context, EDF would point to work by
the Canadian government, among others, indicating that the buffering capacity
provided by ash alkalinity in insufficient to curtail leaching of metals even
in ZIA short term in a typical landfill setting. Moreover, the frequent
exceedance of EP limits seen with combined ash (discussed above) is direct
evidence that challenges the concept that mixing is a form of treatment.
Much of the debate over incineration has focussed on air emissions.
Yet EDF believes that the installation of expensive, state-of-the-art
particulate control devices to prevent fly ash from being dispersed into the
air during the incineration process will do little good if we ignore the
dispersal of that same material during handling, transport and disposal.
III. EDF'S RESPONSE TO THE ASH MANAGEMENT PROBLEM
Subtitle C regulations have largely been ignored heretofore because the
owners and operators of municipal incinerators do not regularly test their ash
to determine if it is EP toxic. EPA regulations require owners and operators
of facilities generating solid waste to apply the EP test unless it can be
determined that the waste is not EP toxic based on "knowledge of the hazardous
characteristic of the waste in light of the materials or the processes used."
40 C.F.R. 262.11. By simply assuming that their waste is not EP toxic,
incinerator owners and operators have evaded compliance with subtitle C.
- 8
In light of the test data gathered by EDF, this excuse for evading
l,. subtitle C requirements is no longer available. The test results demonstrate
that ash residues from incineration fail the EP test with sufficient frequency
to require, at a minimum, that the owners and operators of such facilities
test all ash residues. The results show that even if some samples of an
incinerator's ash "pass" the EP test, others will not. Thus, one "passing"
sample does not provide any assurance that all ash residues are non-hazardous.
To help alleviate this problem, EDF last week notified the owners and
operators of more than 100 of the nation's municipal incinerators of the
results of incinerator ash tests. A copy of the letter sent by EDF is
attached as Appendix D. In light of this test data, incinerator operators can
no longer evade their testing obligations by simply assuming that their ash is
non-hazardous. EPA apparently agrees with EDF that operators of incineration
facilities have a legal obligation to determine whether their waste streams
are hazardous wastes. (See Appendix E). As noted in EDF's letter, EDF's goal
is to cooperate with the owners and operators of municipal incinerators to
ensure that they comply with current federal and state regulations.-
Although it is still too early to tell precisely how the owners and
operators of municipal incinerators will respond to EDF's initiative, we
already have had positive discussions with many who phoned to thank us
for providing them with the test results. The owners and operators
with whom we have spoken have indicated that they welcome our initiative and
sincerely desire to manage their ash properly in compliance with all
applicable regulations.
The one notable exception, as indicated in Appendix F, is a corporation
that apparently has chosen to completely misconstrue EDF's initiative.
• 9
Although EDF's purpose was to contact facility owners and operators 'in an
effort to solve the issues mentioned in [our] letter in a positive manner,'
this corporation has chosen to construe our letter in a completely different
light. While stating chat there are other test data not reported by EDF, they
• did not identify this data or offer to make it available to EDF. Nor did they
respond to EDF's simple request to indicate whether or not they regularly test
their ash or intend to do so in the future. While accusing EDF of
mischaracterizing the legal obligations on incinerator operators, they do not
indicate how they interpret EPA's regulations, but rather simply assert that
the regulations are not definitively settled. EDF sincerely hopes that the
owners and operators of other fecilities will choose to respond in a more
constructive manner in order to minimize the need for further action to ensure
compliance with EPA's regulations.
IV. RECOMMENDATIONS
In the long run, EDF believes that the following approach should be used
to ensure that incinerator ash is managed properly: (A) frequent and thorough
testing of both fly and bottom ash, (B) application of strict handling,
transportation, and disposal requirements for all ash, and (C) management of
fly ash as a hazardous waste.
(A) frequent And thorough lasting gf bath fly And bottom LOh;. Federal
and state regulations require all waste generators to determine if their waste
is hazardous. Despite this requirement, there is little evidence that most
MSW incineration facilities ever test their ash. Because MSW incinerators
burn highly variable waste, the only valid method for meeting the regulatory
requirements is actual, and frequent, testing of ash. Separate testing of fly
and bottom ash should be required, and given the variability in both
- 10 -
waste inputs and available test results, should be conducted at frequent
intervals. In addition, given the serious shortcomings of the EP toxicity
test, a complete chemical characterization of the ash should be mandatory.
When tests indicate that ash is EP-toxic, it must be managed as hazardous
waste.
It is also evident that there is a strong need to develop additional
"characteristic" tests for hazardous waste (including ash) that would account
for other routes of exposure in addition to groundwater, and for additional
properties of a waste that are hazardous and increase the risk of exposure.
(8) Strict handline. transportation. And disposal requirements LAM All
jj;W incinerator ash: It is irresponsible to forge ahead with MSW incinerator
construction without knowing the nature of the ash or whether and how it is
going co be properly managed. Comprehensive "ash management plans" should be
a basic requirement of any facility proposal. In addition, there is an urgent
need for EPA to develop explicit criteria to guide the management and disposal
of fly ash and bottom ash.
(C) Managing gjy Alh AA A hazardous waste: Fly ash and bottom ash
should be tested separately for the reasons discussed above. If testing
continues to indicate that fly ash is routinely EP toxic, then it should be
specifically listed as a hazardous waste. Listing fly ash as a hazardous
waste would mean that any combination of fly and bottom ash would'also be a
hazardous waste, thereby prohibiting the current practice of mixing and
disposing of the mixture in an unsafe manner. Bottom ash can also be expected
to frequently exhibit EP toxicity, and may often have to be managed as a
hazardous waste as well.
Clear regulatory requirements would have several beneficial consequences.
- 11 -
'I: h
First, definitive congressional or administrative action would bring to an end
\ the massive confusion and uncertainty that now clouds this entire issue.
Indeed, the industry's response has been, in part, to throw up its hands and
say, "just tell us what to do." The federal government should oblige.
Managing and disposing of incinerator ash according to this proposed
approach will involve increased costs. Disposal in Subtitle C facilities is
significantly more expensive than disposal in conventional landfills. In
addition, the present capacity of licensed hazardous waste facilities is
extremely limited. Requiring that incinerators handle and dispose of ash
properly would hardly stop the movement toward incineration in its tracks, but
• it would alter the economics of incineration and require a reassessment of
various alternatives. Recycling now enjoys unprecedented official attention
as a technique of solid waste management •- not because it saves trees, but
because it saves money. A further increase in incineration costs will lead to
more attention to and financial support for waste reduction and recycling
measures, with their attendant environmental and public health benefits. (A
recent EDF study of the economics of waste reduction, recycling and disposal
alternatives is attached as Appendix C).
Third, requiring the disposal of incinerator ash as a hazardous waste
will spur investigation of alternative means of reducing the hazards. At
present, no treatment technology exists that provides long-term containment of
the toxic substances present in MSW incinerator ash. However, research in
this area is going on •- largely in response to the likelihood of governmental
action on hazardous ash -- and should be encouraged. Such techniques include
solidification to reduce leaching and metal recovery that would "mine" the ash
for reusable metals. The acceptability of any such method will depend on the
- 12 -
/.Yo
extent to which it reduces exposure to toxic components by all routes, not
solely leaching.
Finally, the real solution is not to spend a lot of money to treat or
dispose of hazardous ash in a relatively safe ;manner, but to avoid producing
hazardous ash in the first place. As discussed above, the metals in ash all
come from more or less identifiable sources in the waste stream. As these
sources are reduced in the input, there will be a corresponding reduction of
metals in the ash. This can be done in two ways. First, incinerator
operators, waste haulers, and municipalities can avoid burning the offending
components of the waste stream. In most cases it is difficult, if not
impossible, to do this by sorting mixed waste before it is introduced into the
incinerator. More promising are source separation recycling programs targeted
at specific items. For example, pilot battery recycling programs have recently
sprung up in this country; Japan has an entrenched program. Such an approach
could be enhanced by a deposit/return mechanism modelled on state "bottle
bills." Viewed as pollution prevention or, conceivably, elimination of the
need for disposal of ash as a hazardous waste, economic subsidies for such
programs are likely to be well worth their cost.
The second way of solving the problem at the source is to substitute
other substances for the toxic metals in the products themselves. Substitutes
already exist for many applications of lead, cadmium, mercury, and arsenic,
and they merit this Committee's attention. Replacement of dangerous metals
j_.
could be achieved legislatively or administratively pursuant to the Toxic
Substances Control Act. The country has recognized that the risks and
consequences of exposure to lead used in;paint and gasoline is unacceptable.
Increased incineration of municipal waste creates another significant source
- l3
of exposure to toxic metals. The most effective solution is the same as that
adopted with regard to the hazards of lead in paint and gasoline - reduction
or elimination at the source.
V. CONCLUSION
•Ash management• is just one segment of a truly comprehensive waste i
management plan to deal with the vast quantities of MSW that are being
generated each day. Product substitution, recycling, and other means of
source reduction can be viewed is alternatives or as complements to the use of
MSW incineration. Indeed, improvement in overall MSV management requires
attention to all steps of the process, beginning with reduction at the
source and ending with the safe management of the ash.
i1
- 14 -
APPENDIX A
ENVIRONMENTAL DEFENSE FUND
1616 P Suez.NW
Wa.hungron.DC 20036
1202i 387-3500
March, 1987
$uouuary of Ep leaching Tests Performed on Ain from KIR Incinerators
All available results from the testing of MSW incinerator ash indicate
the routine presence of very high levels of several toxic metals, in
particular lead and cadmium. This is the case for MSW incinerators
regardless of the type of technology employed: tasting has been done on mass
burn and RDF facilities, old and new, large and small, and facilities •
employing a wide variety of pollution control devices. A summary of the
results of ash leaching tests using EPA's Extraction Procedure (EP) is
presented in the attached table.
In addition to the tests shown in the table, EPA recently reported the
results of tests on MSW incinerator ash samples it had obtained through a
literature search. Because facilities were not identified by name, it is not
clear whether these data overlap with those compiled by EDF. In these tests,
9 of 11 fly ash samples exceeded the EP limits, as well as 2 of 16 bottom
or combined ash samples (Office of Solid Waste, USEPA, November 14, 1966).
[NOTE: Facilities tested by Washington State were not identified by name:
however, facility type and size (in tons per day, or tpd) were indicated, and
are listed in the table. The facilities are located around the country and
were chosen to be representative of existing MSW incinerators.)
Abbreviations used in . Ali:
MB — mass burn ESP — electrostatic precipitator
RDF — refuse derived fuel mg/L — milligrams per liter
National Hradyuanen MOD - modular mass burn --- — not available
2 7 Park Avenue South
New YorA.Xl uluul Underlined values in the table exceed the regulatory limits
2121 5O5.211Kt specified by EPA (40 CFR 261.24):
1404 Arapahoe Avenue
Boulder.CO sO302 1.0 mg/L for cadmium
13031440.4901
2606 Dwight Way 5.0 mg/L for lead;
Bcrkelev.CA 94704
1415154841906
I IOK East Main Street
Richmond,bA 23219
18O4 17l t l.1297
� 9
gesults gf ;I Leaching Tests performe4 2D alb fL4m !Sy Incinerators
Data Amount of Metal
Data of Facility Type of in Laachata (mg/L)
Source Zest Location Feeility CAdmi Lid
State of 1985 Lassen, CA* MOD/100 tpd/Baghouse 22 231.
California
ii. MOQ
State of 1986 ? MOD/200 tpd/Baghouse a 33
Washington ? MB/1200 tpd/ESP 1115 LI
7 ? BDF/1730 tpd/ESP 2..3
-4 ? MOD/320 tpd/ESP 1QQ L .4
D 7 RDF/600 tpd/ESP 2.1 13
I-4 State of 1986 Oswego, NY MOD/200 tpd/ESP 2.1
New York 1987 • bl
l) USEPA 1981 Akron, OH MB/900 tpd/ESP 2.4 32.2
7 Chicago, IL (NW) MB/1600 tpd/ESP 1Z.4 a
Mayport, FL MOD/SO tpd/none Z 4 L2
Saugus, MA MB/1500 tpd/ESP
COMBINED Alli •
Signal 1985 Baltimore, MD MB/2250 tpd/ESP 0.2 0.6-2.4
State of 1984 Baltimore, MD MB/2250 tpd/ESP 0.83 12.j
Maryland
Gascoyne 1987 Baltimore, MD MB/2250 tpd/ESP 0.40 2„/
ZLaboratories
W Signal Co. 1984 Westchester, NY MB/2250 tpd/ESP 0.3-1.0 0.5-3.7
State of 1986 ?** MB/150 tpd/Wet Scrubber --- 5.1
ZWashington
O State of 1986 Oswego, NY MOD/200 tpd/ESP 0.47 j
New York 1987 0.25-1_1 2.6-16
State of New 1986 Portsmouth, NH MOD/200 tpd/Baghouse 0.25 • 1,1
• Hampshire
f--t State of 1985 Lassen, CA* MOD/100 tpd/Baghouse 0.9 f�,l ar-
California 1983 Chicago, IL (NW) M3/1600 tpd/ESP 0.71
W Gallatin, TN M3/200 tpd/ESP 0.24 1,1
Hampton, VA MB/200 tpd/ESP 0.50 1Q.3
Auburn. ME MOD/200 tpd/Baghouss 0.02 3.2
USEPA 1984 Philadelphia (NW) MB/750 tpd/ESP 0.3 1.6
1981 Montgomery, OH MB/900 tpd/none 0.43 1.54 r.
Chicago, IL (NW) MB/1600 tpd/ESP 0.25 0.34 1:,,•
"
Salem, VA MOD/100 tpd/none 0.02 0.87
Nashville, TN MB/720 tpd/ESP --- 0.7
Saugus, MA MB/1500 tpd/ESP 0.6.5_3 6_7-31
EP LIMITS (underlined values exceed these limits) 1.0 ' 5.0
( ` Footnotes SQ Siklt:
* Tests conducted on ash from the Lassen, CA facility etployed tha.Califosnia
waste extraction test (WET) rather than the EY test. The WET"is sore
aggressive than leaching metals than is the EP.. Studies conducted for:the
California Waste Managawnt Board.ccnparing the_two tests indicate that the'
WET leaches roughly 3 times more eadidwr and S tines Wore lead than does
the EP. Applying thus factors to the Lassen data shorn is the table. fly
ash could be expected to still significantly exceed the EP Batts, while
7 combined ash would be under the limits:
All other results shown in the table were determined using the !.
** In the Washington study, combined ash from an additional facility was
tasted and found not to exceed the EP limits, although.leacbitr values were
not given. This sample vas nevertheless designated as hazardous waste'
under additional criteria used by the State of Washington (but not used
by EPA).
.5.1
3
rrrrll
F-.1
O
! *01
i
•
aP?ENDIX 8
MWC ASH FACTSHEET
ON THE DATA REPORTED BY THE ENVIRONMENTAL DEFENSE FUND
At the national press conference held by EDF on March 9,
1987, a news release package was released by EDF which contained
results from leaching tests performed on municipal waste combustor
(MWC) ash collected from various incinerators located across
the Nation. EDF did not reference sources for these data, nor
did they indicate the laboratories which performed the various
analyses. We have several comments reference these reported
data and the subsequent conclusions EDF draws therefrom.
1) EDF incorrectly states in the press release that EPA had
recently conducted "additional" tests on MWC ash; and further
that the Agency had reported results in November 14, 1986,
but had not as yet released the data to the public.
Testing results reported by EPA at a roundtable discussion
in November, 1986, were test results culled from the publicly
available literature. This literature search was conducted
by EPA in the summer of 1986 and was intended to provide
background information to the EPA Project Manager directing
the Agency's ash management program. EPA has conducted
additional research which was, in fact, just initiated in _
November, 1986. The results of this effort will
be delivered to the Agency this summer.
2) EDF's reported data are not EP Tox data exclusively, and
we have not had the opportunity to review the quality of these
data. _
According to our knowledge, the Lassen, CA study was conducted
using leaching procedures developed by the California
Department of Health Services (the California waste extraction
test or "WET" test), not the EPA's EP Tox extraction procedure.
In a comparison of leaching protocols, both EPA and the
State of California believe that the WET test may yield
results for these metals of most concern which are higher
than the EP Pox test method.
According to our knowledge, the State of Washington study
(received January, 1987) reported test results from ash
samples taken from 6 incinerators (unidentified). Fly ash
samples were taken from 5 of these facilities and all 5
samples did, in fact, yield lead and/or cadimum levels
above the EP Tox regulatory standards. (The EP Tox leaching
procedure was used to produce these results.) Additionally,
this same study produced the following EP Tox results: none
of the 5 bottom ash samples tested showed EP Tox exceedances;
1 of 2 combined ash samples tested showed EP Tox exceedances.
We have not reviewed some, if not most, of the remaining
data reported in the press release. However, we are aware
that data exist to which we are not presently privy. We
• encourage EDF, as well as other interested groups. to share
data with us; data that can be properly reviewed according
to the quality assurance standards the EPA is attempting to
achieve and maintain. This is particularly critical regarding
MWC ash data. Test results reported out of contest or
without sufficient technical background information may
improperly skew conclusions. :We are also sensitive to the
statistical and technical difficulties involved in defining
a 'representative' sample of ash. The technical problems
envolved in the data are,not quickly resolved.
•
APPENDIX C
ENVIRONMENTAL DEFENSE FUND
£DF's itesvons'E4 points jtaised by VVA's t 65.h Factsheet
EDF wishes to clarify several points raised in EPA's March 12, 1987 ash
factsheet responding to the summary of EP test results which EDF has compiled.
First, EDF acknowledge EPA's correction that test data reported by EPA in
1986 were not from actual tests EPA conducted; rather they are derived from a
literature search conducted by EPA.
Second, EPA correctly points out that data in EDF's table for the Lassen,
CA facility was derived using the California waste extraction test (VET)
rather than the EP test. The WET is more aggressive than leaching metals than
is the EP. Studies conducted for the California Waste Management Board
comparing the two tests indicate that the WET leaches roughly 3 times more
cadmium and 5 times more lead than does the EP. Applying these factors to the
Lassen data shown in the table, fly ash could be expected to still
significantly exceed the EP limits, while combined ash would be under the
limits. All other results shown in the table-- including those conducted b}r
the state of California in 1983 -- were determined using the EP test.
Third, in the Washington study, combined ash from two facilities were
tested. Actual data for only one facility -- the one listed in EDF's table --
were reported, however, and this ash exceeded the EP limit for lead. Combined
ash from the other facility was found not to exceed the EP limits, although
actual leachate values were not given. This ash was nevertheless designated
as hazardous waste under additional criteria used by the State of Washington
(but not used by EPA). Five bottom ash samples were also tested by the State
of Washington. None were found to exceed EP limits; however, all five were
designated as hazardous waste using the State of Washington's additional
criteria.
All of these modifications to the data released by EDF on March 12, 1987
have been incorporated into the revised table accompanying EDF's congressional
testimony.
EDF would be happy to share the data we have compiled with EPA and
others. We share EPA's stated desire to ensure that human health and the
environment are fully protected. We further believe that the data compiled by
EDF strongly indicates that MSW incinerator ash constitutes a hazardous waste
in many instances and must be subject to strict regulation and management.
c:-
I..
•
C ENVIRONMENTAL DEFENSE FUND
I6I6 P Street.NW
M4.hington.DC 20036
1102010.3500 March 9, 1987
Owner or Operator
Re: (Facility name),
Dear Owner/Operator:
It is our understanding that you are the owner or
operator of the above-captioned facility. As you know, the
disposal of solid waste is subject to regulations mandated
by federal and state law. Pursuant to the Solid Waste
Disposal•Act, 42 U.S.C. 6901 et seq (also known as the
Resource Conservation and Recovery Act ("RCRA")), the
Environmental Protection Agency-has set minimum standards
for states to follow in waste management.
Subtitle C of RCRA, as amended by the Hazardous and
Solid Waste Amendments of 1984, requires EPA to establish
particularly stringent standards for the management of waste
that is deemed to be hazardous under Section 3001 of RCRA.
Section 3008(d) of RCRA, 42 U.S.C. 6926(d), specifies
criminal penalties, including fines of up to $50,000 per day
and imprisonment for up to two years, for knowing violations
of these standards. Subtitle C requirements may be enforced
by citizen suits against any person violating any RCRA
requirement, pursuant to section 7002 of RCRA. 42 U.S.C.
6972.
Section 3001(i) of RCRA, 42 U.S.C. 6921, provides that
under certain circumstances a facility burning municipal
�J111111JI F dquarlef+ solid waste will not be deemed to be managing hazardous
25'Pak Ascnue South waste subject to subtitle C regulation. However, this
Se" art.NY Muhl provision does Il21 exempt such facilities from compliance
12120,n5.- with subtitle C requirements in the management of any ash
I4ft Arapah,+e.Asenue residue which is itself a hazardous waste. EPA has sada
B,,ulder.COhtr302 clear its position that if ash residues from the burning of
0631440.4901 solid waste exhibit a hazardous characteristic, then they
:6tM Du.01Wa% are hazardous wastes that must be managed in accordance with
Burke CA947(u subtitle C standards. As EPA has recognized, if toxic metals
(4i5)541,14906 are present in ash in sufficiently high concentrations, the
ash may fail the extraction procedure (EP) toxicity test,
I hIk East\tarn Sirc`'t and thus be deemed a hazardous waste because of its toxic
Rtehm,mJ. :?:W character. 50 Fed. Reg. 28726-27 (July 15, 1985).
tmul7h0•I297
Recipient
k March 9, 1987 •
Page 1
In 1985 EPA stated that it did not have evidence "to indicate that these
ash residues are hazardous under existing rules." Such evidence now has become
available. Leachate tests performed by EPA and others at various municipal
incinerators have shown that ash residues commonly contain lead and cadmium at
levels well above the extraction procedure (EP) toxicity limits. Nine out of
eleven fly ash samples tested by EPA in 1986 failed the EP toxicity test.
Similar tests performed by other authorities also revealed high levels of lead
and cadmium even in samples of combined fly ash and bottom ash. These test
results indicate that ash often contains lead and cadmium at levels that make
it a hazardous waste that must be managed in accordance with subtitle C
regulations.
We are enclosing a summary of these test results for your examination
because they have important consequences for your obligations under federal
law. Federal regulations require that the owner or operator of a facility
generating solid waste must test the waste by using the extraction procedure
toxicity test unless it can be determined that the waste is not EP toxic based
on "knowledge of the hazardous characteristic of the waste in light of the
materials or the processes used." 40 C.F.R. 262.11. The enclosed test results
demonstrate that ash residues from incineration fail the EP test with
sufficient frequency to require, at a minimum, that the owners and operators
of such facilities test all ash residues. The results show that even if some
samples of an incinerator's ash "pass" the EP test, others will not. Thus, a
"passing" sample does not provide any assurance that other ash residues are
non-hazardous. Accordingly, even if you previously have tested ash samples
that did not fail the EP, you are not relieved of your continued tasting
obligation.
If a facility that you own or operate is currently generating ash
residue, it is vital that you comply with federally-mandated standards for
testing ash and for managing ash in accordance with subtitle C requirements if
it is found to be EP toxic. Failure to perform such tests and failure to
comply with subtitle C requirements could subject you to severe civil and
criminal penalties.
EDF would like to cooperate with you in ensuring that your facility is
operated in compliance with all federal and state requirements. Please inform
us of your plans for the testing of any ash residues that your facility
currently generates or may generate in the future.
Very truly yours,
•
Robert V. Percival Dr. Ellen K. Silbergeld Dr. Richard A. Denison
Senior Attorney Chairperson, Toxic Chemicals Toxics Scientist
Program
/ /
7 c.^t
•
•
•
ApPENDIX`a
Umead Swan 0f m•al
Ensooninensai►rowenon Public Afton I4.1071
Agana/ Washington DC 20460
PA Environmental News
THURSDAY, MARCH 12, 1987
EPA STATEMENT ON ENVIRONMENTAL DEFENSE FUND PRESS RELEASE
•
The report released today yy the Environmental Defense Fund
(EnF) addresses an issue E?A has been lookino at carefully. The
£DP release is based largely upon Publicly available data, some
of which EPA has reviewed and shared with EDF and other
orcanizat ions.
E?; aorees that operators of municipal incinerators should
not assume that their wastes are automatically exe:nat from federal
or state hazardous waste reculations. Although the law on thin
point has been the suhiect of debate among EPA and the regulated
( Ant environmental communities, EPA's position has been and remains
that fly ash and bottom ash which are determined to be hazardous
must he manacled as hazardous wastes. It is tte legal obliaation
of facility operators to determine whether their waste streams
are hazardous wastes.
Generally sneakina, E?A considers resource recovery to he a
viable alternative to direct landfilling as a means of managina
municipal waste. Although uncertainties exist anout certain
aspects of municipal incineration, the Acency is atdressing then
throuah anoressive research, and if necessary will take reaulatory
action.
Tor example, E?A is looking carefully at air emissions from
municipal waste combustion facilities. A rer_r: ^ . that subject
wi'.1 tie submitted to Congress this sorinc.
+ditionally, !Pa :s reviewing its na arar..s was:,
. rer:la:ory procram. with t e s••s.es, t e Agen::'
4:.11 examine its rules will 'pate imPrr"eme••:s wtert nd,-bsari
ornrr'- heal:t ani tag
The Aaengy is -n researo - rii - g-aragterimtics
bottomas`, oitef ash aot as- and is
ex? . '^^
1 .rOvet .+:sr.1C>1Let^':__^•':asTta re?.._s af _
wi' l `'.? soared w: . . -r.4 o,:"1.: as . . paw_
T'?e A_enCy believes ..`.3: .tS • :' CCI• _ prole:__ :e of
health and the iron-e^...
)
APPEIX
• OGDEN MARTIN SYSTEMS. INC.
40 LANE ROAD
CN 2615
FAIRFIELD, N.J.07007-2615
DAVID L SOKOL
pmcsioFNT
120,1042.71 N
March 13, 1987
Environmental Defense Fund
1616 P Street, NW
Washington, DC 20036
Dear Mr. Percival and Drs. Silbergeld and Denison:
We have received your March 9, 1987 letter which was addressed to several of
our projects. While we do not agree with all of the statements in your letter,
we do share your environmental concerns regarding the disposal of resource
recovery ash residues.
We are fully cognizant of the federal and state statutes and regulation governing
the disposal of these residues. Not only do we comply with such statutes and
regulations but, since our inception in 1983, we have made every effort to be
the industry leader in setting new environmental standards. Let me note several
of our accomplishments in the resource recovery field which support our
committment to sound environmental design andsbperation:
1. We were the first company in the United States to install an acid gas
scrubbing system on a resource recovery facility. This was done at our
option, reather than responding to regulatory requirements. The facility
in which this was done sets the standard for acid gas control in the United
States. In fact, the operating results have exceeded our and the regulators'
expectations.
2. We were the first United states company to install a bag house filtering
system on a resource recovery plant. The results of this installation
have exceeded all expectations and have allowed us to guarantee the lowest
particulate emissions to date in this country.
3. Based upon extensive research and development, we have improved the
combustion process to such an extent that dioxin emissions from our Marion
County facility are lower than those from any other resource recovery
facility. Health risk assessments performed by qualified groups have
concluded that there are no adverse health effects from these facilities.
4. We have spent extensive time and money on the disposal or utilization of
ash both to ensure environmental compliance and to develop environmentally
sound utilization of ash.
5. We propose, and continue to propose, advancement of regulations that would
limit the utilization or mandate the recycling, through deposit requirements
or other means, of products that contain elements such as lead, cadmium
and mercury.
Environmental Defense Fund
March 13, 1987
Page 2
k
6. We instituted an environmental technology panel from our Board of Directors
and internal officers of the company. This independent committee is charged
with the task of. monitoring our activities• and verifying compliance and
the advancement of environmental controls. These members include:
•
Dr. Frederick Seitz, Past President of the National Academy
of Sciences and President Emeritus of the Rockefeller
University;
Dr. Norman Einsbruch, Dean, College of Engineering, University
of Miami;
Dr. Homer Neal, Leading Professor of Physics, University
of New York, Member of the National Academy of Sciences;
and
•
Dr. Stanford S. Penner, Professor of Engineering, Physics
and Director, Center for Energy and Combustion Research
at the University of California.
While Ogden has only been involved in the resource recovery field for a short
time, our partner Martin GmbH has developed environmentally sound waste to energy
systems for over 30 years that have operated throughout the world in compliance
with the strictest environmental standards.
Given these facts, we cannot understand why your organization has not contacted
us in an effort to solve the issues mentioned in your letter in a positive manner.
To the contrary, your letter causes me deep concern over what i perceive to
be a wholly inappropriate and irresponsible approach to significant issues.
First, we find the data that you cite in the summary attached to your letter
to be selective and incomplete. A great deal of other data available from state
regulatory agencies and the EPA indicates that ash redo siduot und
erstand stnot why you exhibits not
the characteristics of a hazardous waste. We simply
did not obtain and publish these data with your letter.
Second, your statements that 'all available results' indicate 'the routine
presence .of very high levels of several toxic metals' and that this 'is the
case for MSW incinerators regardless of the type of technology employed' is
simply not correct as applied to our facilities.
we resent your implication that every recipient of your letter is likely to
be in violation of the stated provisions of law and that as result civil and
criminal penalties might apply. We operate several facilities throughout the
United States, and we test our facilities squired by n local,al controle and equipment ral
an
agencies. In fact, in every case, we providePo
excess of permit requirements and operate in strict compliance with appropriate
laws, and in most instances we test our facilities more rigorously than required.
, Environmental Defense Fund
March 13, 1987
P Page 3
Quite frankly, we are seriously concerned about what we perceive as : your
mischaraeterizatioa of the law and in particular the regulations concerning.
ash residue as being settled. As you are aware, the environmental regulations
in this area are continually undergoing review by the EPA, as indicated in the
EPA's press release of March 12.
We have and will continue to cooperate with the EPA in the development of
environmentallyy sound waste disposal regulations. While we appreciate your
•invitation of cooperation to assure that our facilities operate in compliance
with all federal, state and local laws and regulations, vs would instead invite
you to work with the EPA,. as we do,`.to ensure the continued protection of,,.bmen
health and the enviro
Since
i
cc: Marcia Williams, D.S. EPA
'»o
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Services —
DATE: April 2, 1987
SUBJECT: Proposed Acquisition of Pleasant Hills Cemetery
Attached for Council review are three memorandums from Stuart Fox relating to
the proposed acquisition of Pleasant Hills Cemetery. On July 12, 1986, the
Pleasant Hills Cemetery Association voted to authorize the Board of Directors
of Pleasant Hills Cemetery to enter into negotiations with the City of Eden
Prairie to transfer the ownership of Pleasant Hills Cemetery to the City.
Mr. Stuart Fox, City Forester and Property Manager, has discussed the
operation of Pleasant Hills Cemetery at length with Ralph Nesbitt, President
of the Association. The December 19, 1986 memorandum from Stuart Fox to Bob
Lambert describes the operation of Pleasant Hills Cemetery and compares it to
the Eden Prairie Cemetery and some other cemeteries operated by municipalities
within the metropolitan area.
Attached, for your review, is a March 19, 19B7 memo from Stuart Fox to Carl
Jullie proposing a budget for the operation of Pleasant Hills Cemetery. Mr.
Fox indicates that the perpetual care fund of $80,000 is earning a minimum of
4, $4,800 per year. That $4,800 per year should cover the costs projected for
operation of the cemetery.
The Council might ask what is the alternative if the City does not accept
transfer of ownership? The existing Board members are getting to the point
where they are not interested in having the responsibility of maintaining and
operating this cemetery. No other members of the Association are willing to
accept the responsibility. Other cities have assumed operation of cemeteries
that were abandoned by associations and simply left uncared for. When this •
happens, the City generally acquires the cemetery with little or no money in
the perpetual care fund and the operation costs come from general taxes.
The Community Services Department would recommend the City accept the.proposal
of transfer of ownership and recommend the Council direct the City Attorney to
conclude all necessary transfer arrangements.
The Community Services Staff would expect the City will eventually be
requested to assume control of the Eden Prairie Cemetery located on Eden
Prairie Road, as current Board members have already discussed that possibility
with City staff.
BL:md
'-)?I
MEMORANDUM
( TO: Bob Lambert, Director of Community Services
FROM: Stuart A. Fox
DATE: December 18, 1986
SUBJECT: Municipal Cemeteries
Last spring Board Members of both Pleasant Hill Cemetery and the Eden Prairie Cemetery
approached the City Manager and asked that the City consider assuming the operation
for both cemeteries. During the last few months, I have talked with several
individuals regarding the pros and cons of municipal involvement with cemeteries and
offer the following informational report.
BACKGROUND
Pleasant Hill Cemetery - located on Pioneer Trail and Woodridge Drive
established - 1B70's
Current acreage - 2.18
' Board Members - Ralph Nesbitt, Jim Brown, Ken Anderson
Current Charges - $4D0/lot, opening charges of $15D-$200
Average number of burials per year - approximately 4-5 per year
Space left for burial lots - approximately 1000 lots
Space available for expansion - yes (to the north and east)
Rules and Regulations - none available - currently by word of mouth
( After talking with Ralph Nesbitt several times over the past few months, I have
learned that the perpetual care fund for this cemetery is somewhere near $80,000. The
exact balance is unknown because part of the money is split between stocks and
specialty trusts which mature/pay dividends at different times of the year. The main
reason for the large balance is due primarily to money which was bequeathed to the
cemetery by several people in their wills.
Currently, the cemetery is operated and administrated with a large amount of volunteer
time and labor. The mowing contract is the major yearly budget item and currently
costs $2,000 per year. The income from the sale of grave lots and interest paid on
the perpetual care funds currently cover this maintenance expense.
According to Jim Brown there are no formal rules (published) by the association and
most of the policies that are enforced are the result of actions taken at'annual
meetings. These "rules" are relayed to the purchasers of grave sites verbally. They
have requested assistance to produce a list of written rules and regulations from the
Minnesota Association of Cemeteries; however, they have not yet received a copy from
this organization.
The records for the cemetery are currently in book form for the older section and on
file cards for the new portion. They feel that their records are very accurate;
however, the exact number of sold grave sites is unclear. The major problem in
ascertaining this information is that years ago burial sites were sold in blocks of 8
(sites). Because of this, only 1 or 2 family members might be buried in a block and
the rest is vacant with no way of knowing if additional family members will be buried
there or not. These grave sites cannot be sold or transferred to anyone beyond the
,
' immediate family and it is difficult to say what the capacity of the older section
will finally be based on this information. In the newer section the grave sites are
slightly larger in size; however, they are sold on an individual lot basis. This
j alleviates the problems that are build into the record keeping of the older section.
The exact density (graves per acre) is not known but from preliminary figures it
appears to be around 800 graves per acre.
At the present time, the Board Members feel that the operation of the cemetery would
best serve the interests of the community as a public cemetery. The primary reason
they feel this way is that the current Board Members, as well as their predecessors
were, the "cornerstones" of Eden Prairie. People joined together to help bury their
relatives and neighbors with a sense of community pride. They feel that the cemetery
has been operated as a "community" facility and they desire to see it continue to
serve the people of Eden Prairie. Since the board members are finding it more and
more difficult to administrate the operation of the cemetery, and no relatives or
friends have shown an interest in assisting with the cemetery, they feel that
municipal operation is the best alternative. During their July meeting, they passed a
motion authorizing the Board to enter into negotiations with the City regarding
operation of the cemetery.
Eden Prairie Cemetery - located on Eden Prairie Road
established - 1855 (1864 recorded at Court House)
current acreage - 4 acres
Board Members - Harry Rogers, Robert Brown, John Hobbs
Current Charges - $225/lot, opening charges $200
Average number of burials per year - approximately 10-12 per year
Space left for burial lots - approximately 1,400 lots
Space available for expansion - yes (to the west and south)
Rules and Regulations - yes, see attached copy
{ After talking to Harry Rogers, I was able to ascertain that the same general
conditions exist at this cemetery as Pleasant Hills; namely, the operation is managed
by a volunteer board, who also have a vested personal interest in the cemetery. They
contract for most of the grave digging, lawn maintenance and other miscellaneous major
work at the cemetery and pay for these expenses from charges for grave openings or
interest from the perpetual care fund. The current balance in the perpetual care fund
is a little over $63,000.
Harry Rogers was very open and willing to share a considerable amount of information
related to the operation and history of this cemetery. A copy of the rules and
regualtions are attached. They are very brief and posted on the cemetery grounds for
everyone to read. He is also working with the Minnesota Association of Cemeteries to
draft additional rules and regulations so that they are more in line with°surrounding
cemeteries.
In addition, he explained the record system for the cemetery and I found it very
similar in nature to that of Pleasant Hill. One major difficulty is that prior to his
involvement, which started in 1962, there are no accurate records of the burials in
the older section of the cemetery. This is due primarily to the policy of selling
blocks (8 graves per block) to a family and then letting the family take care of the
burials within the block. Consequently, the Cemetery Board wasn't always informed of
the burials and many of them are not marked with monuments or headstones. This is a
concern to him and the others on the Board and they are tying to update their records
by contacting known relatives, but the process is slow and tedious. He also mentioned
•
that up until the early 1970's the maintenance of the cemetery was shared by the
people who had relatives buried there or owned burial plots, which added to the
confusion of the cemetery operation.
The density of the cemetery is not known but appears to be around 700 graves per acre
in the older section and 850 graves per acre in the new section.
As of October, Harry Rogers indicated to me that the board had not made a formal
decision regarding public ownership, but felt that with Robert Brown's new appointment
to the board that they would probably continue to operate as it presently operates.
Should this status change he would let the City Manager or me know.
CONTACTS WITH OTHER MUNICIPALITIES WITH CEMETERIES
City of Plymouth
The City of Plymouth assumed operation and responsibility for the Parkers Lake
Cemetery after it was "abandon" by a local church in 1974. This cemetery is very
small, only 1.5 acres, and very close to being fully sold. Currently, they have only
40-50 plots left to sell with an additional 200 sold but not filled. At the present
time, there are 6-7 burials each year and it is anticipated that in 30-35 years the
cemetery will be full and the City will be responsible for the perpetual care of the
cemetery grounds only, since there is no property to buy for expansion of the
cemetery.
The City maintenance crews do all the work at this cemetery ranging from digging
graves, to mowing grass and setting grave monuments. For the 1986 budget year it is
estimated to cost $4,900 to maintain/operate the cemetery and part of this expense is
paid out of the City's general tax budget because there were no funds in a perpetual
( care (PC) fund when the City received the cemetery by default in 1974. Today the PC
fund has been built up to $35,000, but due to the restrictions of State law on the
amount of money which can be used from this fund, coupled with the small number of
graves sold each year, some general tax money is required for operation of the
cemetery each year. According to Dale Hahn of the Finance Department, they expect
this situation to improve each year as the PC fund grows. In addition, he made a
general comment that 90% of the burials which they conduct come through the only
funeral parlor in Plymouth and this helps immensely when scheduling the opening and
closing of graves since the director knows who, when and how to contact Dale which
reduces the calls he gets at home in the evening or on weekends.
Fee Structure - $200 per burial plot
$200 to open/close grave
extra charge for opening or closing on a weekend
hourly charge for marker placement
NOTE: I have a copy of their rules and regulations in my file.
City of Anoka
I contacted Mark Nagel, who is an Administrative Assistant to the City Manager at
Anoka, and he told me that the City operates two large cemeteries in that community.
Anoka started its first cemetery in 1886 as a public service and feels that it serves
the entire community well. At the present time, there are between 100 and 125 burials
a year at the two cemeteries and this accounts for 20-25% of Mark's monthly job time.
77a
The maintenance work is done by the Public Works crew and currently $50,000-$55,000 is
spent for yearly operating costs. These costs exceed the yearly income by 10% due
f primarily to the costs associated with operating two separate cemeteries coupled with
�l high maintenance costs of the older poorly planned sections. THe biggest problem they
are currently facing is where to expand when the need arises.
Fee structure - $350 per burial plot - resident
$600 per burial plot - non-resident
$350 internment fee
$80 to set a grave marker
City of Champlin
The municipal cemetery in Champlin is the only cemetery in the City according to Joann
Brown of the City's Finance Department. The Public Works Department maintains the
facility and handles the grave digging/closing for approximately 1 funeral per month.
The cemetery was started in the early 1900's and is 15 acres in size and could expand
an additional 5 or 6 acres if needed. Ms. Brown was unable to answer additional
questions related to yearly budget or perpetual care fund status, but she stated that
the cemetery was a break even operation and was geared more toward providing public
service More than profit making.
Fee Structure - $150 per burial plot - resident
$200 per burial plot - non-resident
$150 internment fee (April 15-November 1S)
$200 internment fee (November 15-April 15)
$50 to set a grave marker
$100 for a double marker
NOTE: I have a copy of their rules and regulations in my file.
STATE LAW REGARDING PUBLIC CEMETERIES
This is a brief summary of portions of the State Statues (SS) regulating the
acquisition and maintenance of public cemeteries found in Chapter 306 of the State
Statues.
Transfer to Statutory Cities - SS 306.025
. Transfer can be done after an unanimous vote of the Board of Trustees following
authorization by a majority vote of all the association members.
. Before any transfer a City Council must adopt a resolution agreeing to the transfer
of property and to operate it upon the same trusts as it was originaly established.
. The trust fund for perpetual care can be transferred but must be preserved as it was
originally intended.
▪ Lot owners retain their assigned rights.
▪ Maintenance will be done by appointment of the City Council.
. New rules can be adopted for the cemetery but they cannot infringe on the rights of
the lot owners who owned lots prior to the transfer.
NOTE: Once a city owns a cemetery it retains the right, under SS 306.02, to transfer
a public cemetery to another association or corporation or to enter into a contract
for management or maintenance, etc as it is deemed advisable by such city.
Additional information regarding the legal requirements and guidelines as outlined in
the State Law are too numerous to mention in this report. It may be advisable to get
more definite information related to this aspect from the City Attorney.
MUNICIPAL CEMETERY MANAGEMENT
During the course of researching the aspects of public cemetery ownership, I also read
an article in the Management Information Service Report related to improving municipal
cemetery management. This article reviewed the basics and included specific
information on land planning, administration, maintenance issues, and financing. The
article detailed that for a cemetery to be financially responsible, a number of issues
must be adequately addressed. These include:
Land Planning - If a cemetery is properly planned it will alleviate a multitude of
costly problems. Issues include location, terrain, soils and use planning. Other
considerations, not to be overlooked, include: site density, types of markers
allowed, future development, and improving land use.
All of these issues center around the "program planning" of a cemetery so that a
municipality is not saddled with a burden which becomes a "no win" situation for the
taxpayer who must bail out an improperly managed cemetery.
Administrative Operations - Published rules and regulations are a starting point for
both lot purchasers and cemetery officals. A proper set of regulations will include,
work to be performed (eg. grading, landscaping, internments, etc.), standards for
containers for burials, decorative standards and memorial standards. Additional
information that will alleviate questions or problems include: fee struture, overtime
rates including weekends and holiday burials, stipulations for transfer or sale of
their burial plot, and handling fees on unpaid balances for goods or services.
In addition, accurate records are essential and the use of computer and microfilm have
proven invaluable to keeping down the costs of filing and retrieving information.
Maintenance - The physical maintenance of a cemetery is perhaps the most visible
aspect of a cemetery operation. The current cost for upkeep is estimated to be
between seven cents and ten cents per square foot per year.
The general trend in cemeteries is that maintenance standards are changing and the
need for cost saving methods is increasing. Methods for reducing costs include:
using growth retardent chemicals on lawns, regrading to facilitate larger equipment,
mechanizing wherever possible, and reducing hand trimming to a minimum.
Additional information included in the report deals with fees, sales, and perpetual
care funds.
In closing, the report stated that part of the problem in municipal cemetery
operations is one of attitude. Cemetery service has traditionally been one of low
priority. The failure to inform or failure of the administration to support and
operate the cemetery as a business has been a downfall in many communities. Emphasis
is placed on the need for community administrations to provide greater involvement
(
3; :
ANNUAL MEETING REPORT AND REGULATIONS
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The annual meeting of the Eden Prairie Cemetery Association will be held on
Saturday, April 26, 1986 at 1 P.M. at the cemetery on County Road #4 (Eden
Prairie Road); for the purpose of electing a director for a three year,term,
and all other business, both old and new, necessary in the operation of. the
(', cemetery.
The regulations for burials in the Eden Prairie Cemetery are:
1. All burials must be done by a board member of the Cemetery
Association or a representative thereof, including cremation
burials.
2. No Wilbur Way method shall be used in lowering vaults.
The regulations for setting of markers in the Eden Prairie Cemetery are:
1. Only ground level markers will be allowed in the cemetery.
2. Markers only may be installed; no concrete wash and/or borders
shall be allowed.
3. Markers may;be set only under the supervision of an officer of
the Eden Prairie Cemetery Association or a representative thereof.
4. A fee will be charged by ttie Eden Prairie Cemetery Association
for the setting and /or the supervision of the setting'of markers.
The regulations for the floral decorations and plantings in the;cemetery are:
1. Artificial flowers and decorations will be allowed from October 1
to April 1. The flowers and decorations will be removed during
Spring cleanup.
2. Natural flowers willbe allowed from May 1 to October 1.
Flowers
are to be in approved containers only.
3. All plantings of trees, shrubs and flowers shall be approved by
a representative of the Cemetery Association.
tBOARD MEMBERS
Chairman: Harry Rogers 937 2992
Treasurer: John Hobbs 937 2036
M Secretary; Robert H Brown 937.'2884
/ /
MEMORANDUM
TO: Carl Jullie, City Manager
THRU: Bob Lambert, Director of Community Services
FROM: Stuart A. Fox
DATE: March 19, 1987
SUBJECT: Budget for Pleasant Hill Cemetery
As per your request, I have compiled an estimated yearly budget for operation
of Pleasant Hill Cemetery. These figures are based on prior actual costs
combined with an estimate for administrative costs.
Administration $2,200
Mowing/Lawn Care 2,200
fertilizer/Weed Control 400
$4,800
This budget is a breakeven proposal. it utilizes the current private
contractors who are utilized for general services by the current Cemetery
Association in conjunction with administration by City staff. The perpetual
care fund of $80,000 is earning a minimum of $4,800 per year (at 6% interest).
and this would cover the proposed budget with no additional funds. necessary
(ie. City General Fund).
The costs of digging graves, restoration and setting markers are paid by fees
charged at the time of burial; therefore, it is not necessary to include these
costs in the proposed budget.
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MEMORANDUM
TO: Carl Jullie, City Manager
THRU: Bob Lambert, Director of Community Services
FROM: Stuart A. Fox
DATE: March 19, 1987
SUBJECT: Pleasant Hill Cemetery Board Resolution
Attached is a copy of a letter that was received from Jim Brown last fall.
The letter includes the motion that was passed by the general membership (a
majority) and the trustees (unanimous) to enter into negotiations with the
City to transfer ownership of the Pleasant Hill Cemetery to the City. This
• step is required by State Law before the City can discuss or accept
responsibility for such a transfer.
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MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl J. Jullie, City Manager
FROM: Natalie J. Swaggert, Director of Human Resources
SUBJECT: Strategic Planning Process
DATE: April 2, 1987
As a result of our review of several consultants and proposals, we believe
the proposal submitted by Barbara Arney through the Government Training
Service (GTS) looks best suited to our needs. Barbara has worked on
similar projects for Golden Valley, Moundsview, Grand Rapids, Shoreview and
is presently working closely with Edina to complete their 1987 Strategic
Plan update. In addition, Barbara prepared and sponsored the Strategic
Planning Workshop that was done as part of last summer's League of
Minnesota Cities Annual Conference (Dr. Vinton delivered the materials.)
The process Barbara has outlined will take approximately four months and
will allow us to tie the resulting strategic plan into our 1988 budget
process. The model that Barbara has recommended is an ORGANIZATIONAL
STRATEGIC PLAN rather than a COMPREHENSIVE STRATEGIC PLAN. It is intended
to build a basic framework for communication and establish a commonly
understood direction by which the City, the Council and the Staff approach
problems and issues in the future. As part of the process we will be
developing improved communication channels, identifying problems and issues
and learning new ways to collectively prioritize. The final product will
be a mission statement and value framework by which we will make future
decisions for the City.
A tentative time frame has been developed and needs your review and
concurrence in order for us to get started.
4-7-87: Introduce Strategic Plan proposal to Council;
Hand out background questionnaires.
4-14-37: (Tuesday - 3 to 6 p.m.) - SESSION I: Barbara Arney to meet with
COUNCIL and STAFF to overview process, discuss "What is Strategic
Planning", gather information, and distribute the Meyers-Briggs short test
(to be self administered and returned to Barbara Arney for profiling).
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4-24-87: (Friday - 9 to noon): 8arbara Arney to meet with STAFF and
complete environment scan and review Meyers-Briggs results.
4-30-87: (Thursday - 3 to 7 p.m.): Barbara Arney to meet with COUNCIL and
complete environment scan and review Meyers-Briggs results.
5-2-87: (Saturday - 8 a.m. to 4:30 p.m.): SESSION II: Barbara Arney to
facilitate total group session.
- Ice breaking/communication building.
- Data gathering results.
- Establish mission statement.
6-6-87: (Saturday - 8 a.m. to 4:30 p.m.): SESSION III: Barbara Arney to
facilitate total group session.
- Issue identification/prioritization.
- Establish goals (1 - 3 years).
- Plan follow-up.
July 1987: Staff to begin budget process - including incorporation of
Strategic Plan goals as appropriate.
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MEMORANDUM
TO: Mayor and City Council
FROM: City Manager Carl J. Jullie G
SUBJECT: Procedures for City Purchases
DATE: April 2, 1987
For the Council's reference, the following is an outline of our procedures
for completing City purchases.
1. Under $10. Petty Cash may be used. Turn in initial sales
slip to Finance Department.
2. Under $100. Turn in sales slip signed by Department Head to
Finance Department indicating budget account.
3. $100 to $15,000. Submit a purchase order requisition signed by
Department Head to Finance Department. Minimum of two bids
or quotes needed. City Manager approval required if purchase
is over $500. Purchase order will be issued by Finance Department
if budget fund balance is sufficient.
4. Over $15,000. Authorization to advertise for bids required from
( City Council. Sealed bids required. Contracts for improvements
(i.e., sewer, water, streets) must follow local improvement code.
5. City Manager approves all claims from staff for reimbursement of
City business related expenses.
6. All checks for payment of claims appear on the claims list for
approval by the City Council.
Many of the City's purchases of supplies and equipment are through Hennepin
County and the State of Minnesota bidding systems. These systems give us
the benefits of large volume buying. For specialized purchases (purchase
of telephone systems, leasing office space, etc.), we do retain
professional consultants to help prepare specifications and secure bids or
quotes from qualified suppliers. These consultants are selected by the
City Manager based upon qualification and experience.
The annual City budget sets the parameters for spending within each City
department. Each Department Head is responsible to monitor the
expenditures within their department. A monthly budget status report is
provided to each Department Head. Approximately five to six months after
the close of the fiscal year, the Council receives an official audit report
by outside certified public accountants which covers all of the City's
fiscal operations.
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MEMORANDUM
fTO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Services IGQ
DATE: March 30, 1987
SUBJECT: Park Bond Referendum Options
On March 19, 1987, the Park Bond Referendum failed on a vote of 1280 opposed to 1238
in favor. Since March 19th, the Community Services Staff have had a number of phone
calls from individuals suggesting reasons why the vote failed and options they favor
the City take to pursue to obtain funds for continued park development. Some of the
options the Council may wish to consider are as follows:
1. Resubmit the question immediately. Some individuals have asked if the Council
would consider resubmitting the same question immediately, if they received a
petition with 5,000 signatures requesting the Council take that action.
There is no law that states the City must wait any specified amount of time prior
to resubmitting a referendum question; however, it is certain that least 1280
individuals will ask "what has changed"?
2. The Council could authorize staff to contract for a random sample survey of those
who voted to determine why individuals that voted no did so. If that survey
indicated that a high percentage of the no voters objected to a certain portion of
the referendum, the Council could then resubmit a revised referendum question.
Staff would estimate that the survey would take a minimum of one month and would
then need a minimum of six weeks lead time prior to a referendum; therefore, the
earliest a referendum could be restructured would be around mid-July, which would
only be about two months ahead of the school referendum.
3. The Council might simply wish to wait to "hear from the people" before making any
decision regarding another referendum for park improvements. Many of the citizens
that worked on the park bond referendum also worked on the 1985 City Needs Study
Committee and the 1986 City Hall Referendum, and are simply "burned out" at this
point. It is interesting to note that no one suggested the City or the committee
was presenting this issue with too little thought or not enough study. The need
for the facilities is well documented and should not have to be studied again.
4. Some individuals have suggested the Council consider a two question referendum,
splitting the parks and the Community Center. The referendum Committee felt quite
strongly that if that were done both issues would probably fail. They believed
most people have one thing they favor on a referendum structured with multiple
questions and they vote for one and against the other, therefore, you have even
some of those people generally supporting expansion joining the typical "no
voters", making it difficult to pass either question.
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OTHER ISSUES
Community Center
Now that the proposed referendum has failed, the School District may wish to construct
two additional gymnasiums onto the existing high school. If they decide to construct
the additional gyms the City should encourage the School District to design those gyms
and adjacent locker rooms so they are able to be used by the public from a separate
access without opening up the rest of the school. This would allow additional
community use of those facilities. The School District may even want to consider
delaying where those gyms would be constructed depending on when another City
referendum would be considered and if gyms would be a part of that referendum.
The Council is aware that the City is presently in litigation that will result in the
repair of the existing wet condition on the interior walls for the building. Staff is
recommending that the exterior of the entire facility be clad with a brick facing to
permanently resolve that wet condition and to reflect the standard of construction the
school has set in that location. The repair for the Community Center will also
include repair of damaged interior walls and ceilings, installing appropriate
expansion joints, repair other problems to the building caused by improper design or
construction. Along with this project, the City Council should include the following
improvements to the facility:
1. Expansion of the existing locker rooms and tiling floors of those locker rooms, as
well as tiling the deck around the swimming pool. The existing floors and deck
were extremely slippery until painted with a gritty surfaced paint. That paint
continues to peel and is an unsightly, ongoing maintenance problem.
2. There are four recreation staff that are located in temporary offices in a meeting
room in the Community Center. Permanent offices should be constructed to
accommodate that staff and to permit public use of that meeting room.
3. The racquetball courts more than pay for their operating costs. The City Council
should consider constructing three additional courts to that facility when the
facility is under construction.
4. The existing exterior entryway will have to be modified when the School District
expands the high school and adds an additional parking lot north of the Community
Center (the County is requiring an exit road from that north lot out past the
front of the Community Center). With the redesign of the Community Center a drop
off point that does not block the exit road should be designed with a redesigned
entry and lobby area.
Much of the design for these recommendations has already been completed and staff
would recommend the Council authorize getting cost estimates for this portion of a
Community Center improvement project.
Park Improvements
The Community Services Staff will be submitting a capital improvement program for
review that will not include any proposed referendum revenue. The highest priorities
on the CIP will be as follows:
1. Completion of the neighborhood park improvements that have already been committed.
2. Acquisition of land for access to the Purgatory Creek Recreation Area.
3. Acquisition of land for expansion of Riley Lake Park.
4. Acquisition of land for a future adult softball field complex.
5. Funding the first phase development of the Purgatory Creek Recreation Area.
6. Improvements for the expansion of parking, etc. for Staring Lake Park.
There will not be any proposed development of Miller Park in the Five Year Capital
Improvement Program without a bond referendum mainly, because the first phase of.
development of Miller Park must include the grading and seeding, as well as the
underground storm sewer and electrical systems,as well as the gravel' roadways. That
portion of the development alone will .approach'$2,000,000, which means we would either
construct Miller Park and nothing else, or all of the other necessary projects and
leave Miller Park until a referendum can be passed to complete that park.
The Commission and Council will most likely have several questions relating to the
referendum and the impact on programs and services, etc. Staff will answer,as many
questions as possible at the meeting and will note all questions that cannot be
immediately addressed in order to provide the requested information at a future
meeting.
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