HomeMy WebLinkAboutCity Council - 10/06/1987TUESDAY, OCTOBER 6, 1987
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
EDEN PRAIRIE CITY COUNCIL
7:30 PM, CITY HALL COUNCIL CHAMBERS,
7600 Executive Drive
Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris, and Patricia
Pidcock
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
Debra Kelm
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATION OF AWARD OF MERIT FROM MINNESOTA SOCIETY OF ARBORICULTURE
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Joint City Council/School Board Meeting held Tuesday, August
18, 1987
B. City Council Meeting held Tuesday, September 1, 1987
C. Special City Council Meeting held Tuesday, September 15, 1987
D. Special City Council Meeting held Tuesday, September 22, 1987
III. CONSENT CALENDAR fr;
A. Clerk's License List
B. Approval of Joint Powers Agreement with Metropolitan Airports
Cononission iiViTITIF4-71Tancial PartiTVation to Construct Fire
Station No. 4
C. 1st Reading of Ordinance No. 52-87, regulating the sale of
it-i-bng beer
D. Award Bid for Renovation for New Senior Center
E. Authorize Joint Powers Agreement with the City of St. Paul to
protect the munifliO—pumping ratrETaiiificatiOITTOTiare7a1
water sulTlify sytems
F. Authorize a cooperative agreement with the City of Minnetonka
to provide for sewer service for E5TIENT,57 subdiMion
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City Council Agenda - 2 - Tues.,October 6, 1987
G. Final Plat approval for Timber Creek North South of West 62nd
WiTeTt -5a.
northeastFTyCIT -PlirciFy Creek esolaT6W-N57---
-87-257
H. Final Plat approval for Bluestem Hills 4th Addition (east of
TgerTat7151-ace and n6FE1i of Purgatot-7-y-CreW). Resolution N67-87-260
I. Final Plat approval for Edenbrook (south of West 62nd Street and
west oi-TFan erry Lai eiT Resolution No. 87-256
J. Authorize permit application for connection to MWCC Sanitary Sewer
Interce tor for Eden Pointe Apartments (OlymTic -TrilIs Villas)
eso u ion o. 87-263
K. Authorize permit application for connection to MWCC Sanitary
Sewer Interceptor for Timber ti=iTek North (Rerciliiti6n No. 87-264)
L. Authorize execution of Department of Natural Resources License
to cross public waters for Welter WirTifiiTTAcres 2nd Addition
TITJFETion No. 87-265)
M. Change Order No. 1, Bennett Place/Blossom Road, I.C. 52-105
N. Change Order No. 1, Bluffs West Area Drainage, I.C. 52-069
O. INSULATION DISTRIBUTORS, INC., by Welsh Companies. 2nd Reading
of Ordinance No. 46-87, Rezoning from Rural to 1-2; Approval of
Developer's Agreement for Insulation Distributors, Inc.; and
Adoption of Resolution No. 87-245, Authorizing Summary of
Ordinance No. 46-87 and Ordering Publication of Said Summary.
Approximately 2.0 acres for construction of 29,885 sq. ft.
office/warehouse structure. Location: North and east of
Equitable Drive, South of Valley View Road. (Ordinance No.
46-87 - Rezoning; Resolution No. 87-245 - Authorizing Summary
and Publication)
P. CRESCENT RIDGE. Denial of 2nd Reading of Ordinance No. 58-83,
reTOFT61 of 26.6 acres from Rural and R1-22 to R1-13.5 and 20
acres from Industrial General and Rural to RM-6.5, with
variances, for mixed residential development. Location: North
of Highway No. 5 at the western boundary of the City of Eden
Prairie.
Q. THE RIDGE 2ND ADDITION by Dirlam Development. 2nd Reading of
30-87-PM-5-87, Rezoning from Rural to
PUD-5-87-R1-13.5 for The Ridge 2nd Addition; Approval of
Developer's Agreement for The Ridge 2nd Addition; and Adoption
of Resolution No. 87-268, Authorizing Summary of Ordinance No.
30-87-PUD-5-87, and Ordering Publication of Said Summary. 41.5
acres into 70 single family lots, one out lot, and road right-of-
way. Location: West of Evener Way, South of the Chicago,
Milwaukee, St. Paul and Pacific Railroad. (Ordinance No.
30-87-PUD-5-87 - Rezoning; Resolution No. 87-268 - Authorizing
Summary and Publication)
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City Council Agenda - 3 - Tues.,October 6, 1987
R. EDENBROOK by David Hoel. 2nd Reading of Ordinance No. 39-87,
Rezoning from Rural to R1-13.5; Approval of Developer's Agreement
for Edenbrook; and Adoption of Resolution No. 87-269, Authorizing
Summary of Ordinance No. 39-87, and Ordering Publication of Said
Summary. 6.2 acres into 13 single family lots, 1 outlot, and road
right-of-way. Location: South of Townline Road, east of
Purgatory Creek, west of Woodlawn Heights. (Ordinance No. 39-87 -
Rezoning; Resolution No. 87-269 - Authorizing Summary and
Publication)
S. DATASERV by Opus Corporation. 2nd Reading of Ordinance No. 41-87,
Rezoning from Rural to 1-2; Approval of Amendment to Developer's
Agreement for DataServ Addition; and Adoption of Resolution
No. 87-270, Authorizing Summary of Ordinance No. 41-87, and
Ordering Publication of Said Summary. 1.5 acres for construction
of additional parking for existing DataServ Headquarters.
Location: East of the intersection of Technology Drive and
Prairie Center Drive. (Ordinance No. 41-87 - Rezoning; Resolution
No. 87-270 - Authorizing Summary and Publication)
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T. 2nd Reading of Ordinance No. 48-87, renaming Appaloosa Lane to 177je Farm bid
U. Resolution No. 87-275 Ordering Certification of Delinquent
Utility Accounts
V. Resolution No. 87-276 Authorizing Remarketing of $7,865,000 Multi-
Family lusiriTIRTREF -for Eden Pointe Apartments (now called Olympic R i dge)
W. Approve Bylaw Amendments for the Eden Prairie Volunteer Fire Page 2515 Department Relief AssociaTi&
X. Resolution No. 87-278 relating to Crown Auto Stores. Municipal Page 2526 Industrial DeVeTtiri—nent Bonds
Y. Resolution No. 87-279 Authorizing That Amendment No. 1 To The Page 2528 Joint CoopeTiM75-Weement, CountrrOntract No. 76,1e ATFITived (Community Development Block Grant Program)
IV. PUBLIC HEARINGS
A. ROGER'S BODY SHOP, INC., by Roger L. Lindeman. Request for Zoning Page 2264 District Change from Rural to 1-2 on 1.68 acres with variances to be
reviewed by the Board of Appeals, and Preliminary Plat of 1.91 acres
into one lot and road right-of-way for construction of an auto body
shop. Location: Highway #169 across from the Hennepin County
Vocational Technical School. (Ordinance #44-87, Rezoning;
Resolution #87-249, Preliminary Plat) Continued from September
15, 1987)
B. SPECIAL ASSESSMENT HEARING FOR VALLEY VIEW ROAD IMPROVEMENTS, Page 2529 1.C. 51-272 (Resolution No.-7-76)--
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City Council Agenda - 4 - Tues.,October 6, 1987
C. EDEN PRAIRIE AUTO MALL by M. Austin Smith & Leo T. Furcht. Request Page 2533
To-r—C-7:5Fiornprniiii-t.rnte Plan Amendment from Neighborhood
Commercial to Regional Commercial on 15.3 acres, Planned Unit
Development Concept Amendment on 23.6 acres, Zoning District
Change from Rural to C-Reg-Service on 2.58 acres, with variances
to be reviewed by the Board of Appeals, and Preliminary Plat of
4.84 acres into one lot and one outlot. Location: South of
Prairie Center Drive, east of Joiner Way. (Resolution No. 87-271 -
Amending Comprehensive Guide Plan; Resolution No. 87-272 - Planned
Unit Development Concept Amendment to The Preserve Commercial Park
PUD; Ordinance No. 49-87 - Rezoning from Rural to C-Reg-Service;
Resolution No. 87-273 - Preliminary Plat)
D. PRAIRIE VILLAGE APARTMENTS MULTI-FAMILY HOUSING PLAN (Resolution No. Page 2554
87-277)
V. PAYMENT OF CLAIMS
VI. ORDINANCES & RESOLUTIONS
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Approve concept plan as revised for TH 169 improvements between
and Prairie—reTITeF—FTWITIOUTTEn No. 87-267)
B. Request from Mr. & Mrs. John McSwiggan to review decision made
e Bc-TiE.d FrATIpTa-T-s- & Adjustments on V--1T—Cce Request #87-37
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
X. REPORTS OF OFFICERS BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
1. Resolution No. 87-274, Approving the 1988 City Budget Page 2588
2. Award of Contract for Fire Equipment Page 2595
3. Leaf Recycling Proposal Page 2597
4. Set Joint City Council/Planning Commission meeting for 6:00 PM, pa-ober 20, 1587
5. Discussion on Schedule for Strategic Planning Page 2598
C. Report of City Attorney
D. Report of Director of Planning
1. Preliminary Discussion on Downtown Area Concept Proposal Page 2599
and BuildIng Height Question
E. Report of Director of Community Services
1. Report on Park Bond Referendum Survey Page 2604
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City Council Agenda -5- Tues.,October 6, 1987
F. Report of Director of Public Works
I. Accept Bids and Award Contract for Lime Sludge Removal
XI. NEW BUSINESS
XII. ADJOURNMENT
City Council Minutes 1 August 18, 1987
UNAPPROVED MINUTES
JOINT EDEN PRAIRIE CITY COUNCIL/School Board MEETING
TUESDAY, August 18, 1987
COUNCIL MEMBERS:
School Board MEMBERS:
CITY COUNCIL STAFF:
School Board STAFF:
5:30 P.M., CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
Mayor Gary Peterson, Richard Anderson
George Bentley, Jean Harris, and Patricia
Pidcock
Superintendent Jerry McCoy, Dave Anderson,
Chuck Ruebling, Darlene Wegner, Claude
Johnson, Ken Foote
City Manager Carl J. Jullie, Assistant to the City
Manager Craig Dawson, Recording Secretary
Linda S. Jacobson
Superintendent Jerry McCoy, Business
Administrator Merle Gamm
I. FiOLL CALL; All City Council and School Board members were present.
II. DISCUSSION.
Superintendent McCoy opened discussion on the school bond referendum. He said
planning should be done by September 1st and vote on the referendum will be held
October 6th.
McCoy said tonight he wants to talk about where the School Board is in terms of
school development and planning. He also said that flexibility is essential and
mentioned in the past the School District has been able to levy for the lease of
buildings. The last session of the legislature decided that they were going to stop
School Districts from leasing facilities with capital outlay over levies. As a result of this
the School District is short school space.
McCoy said the School Board has gone and talked with Randy Peterson, who wrote
the bill in the legislature, and there might be some relieve coming through a special
piece of legislation.
McCoy mentioned the population shift of people moving to Eden Prairie. McCoy
City Council Minutes 2 August 18, 1987
said the City will get the 11 percent increase in students. The rate of increase is up
because of the development boom that's coming through, but that rate will go down.
The economic cycle is up. In terms of education reform, there are a lot of changes, the
latest one is open enrollment and the district will be recommending to the School
Board that Eden Prairie has open enrollment in 1988.
McCoy talked about future expansion capabilities in the construction of new schools
and said all architect plans are designed for possible future expansion of the
buildings to fit the growth of the community.
McCoy mentioned convertibility of future space; in other words, if there are spaces that
are no longer used as schools, they can be converted to some other use in the
community. The Eden Lake facility is designed like this.
McCoy mentioned 16 hour per day facilities. He said last year there were 32,000
people who used the school building and that's not counting churches every Sunday,
etc., so that gives a sense that there is a significant number of people using the
buildings beyond a regular day.
McCoy talked about preservation of site amenities. McCoy mentioned the Research
Farm site and that only one tree will be removed.
McCoy mentioned the warm and humane architectural scale for children. The Eden
Lake building is scaled for children to give the feeling of a more residential, more like
home atmosphere. It is designed to work well with curriculum and staff.
McCoy referred to a diagram showing school capacity from 1987 and 1988. 182
seats available right now in the total School District. McCoy said by 1992 the School
District will be short 1,839 spaces for children if the recommended project is not
accepted.
McCoy said the building program was put together as one question for referendum
and the question is integral to total planning of the district. McCoy then referred to a
chart addressing the referendum issues. McCoy talked about kindergarten being all
day and once the State funds that, it's automatic as far as the Board is concerned to
provide the program and it will double the need for kindergarten facilities in 1989 or
1990. McCoy then talked about grades one through four and having an elementary in
each quadrant of the district, so each quadrant of the district would have a gymnasium
and be a facility that could be used up to 16 hours a day. There would be an
intermediate school for fifth and sixth grade students. For seventh and eighth grade
the building would be the existing Middle School. And the high school would be
grades nine through twelve.
City Council Minutes 3 August 18, 1987
McCoy said as that organizational changes in terms of numbers the response would
be: elementary one through five, intermediate school would go six to seven, the
middle school would be eight and nine, and the high school would be ten to twelve.
This would be a change that would happen between now and 1996.
McCoy brought up the issue of taxes. He talked about the new legislation that passed
an increase in taxes for suburbs effective next year and gave examples of how a
homeowner's taxes would increase due to this legislation. McCoy said there would
be a $2.7 million increase for next year on properties within the District
McCoy said the school board looked at debt services and the idea was to work
toward a level payment plan so the costs were not going up and down, which could
be confusing to the community. McCoy said presently Eden Prairie is at 8.8 mills and
the School Board is recommending keeping that nine mill level for the next 12 years
for the $33 million project. McCoy said if the referendum does not pass and the
School District doesn't get the facilities, in 1988 taxes for debt obligations would drop
by three mills and finally drop down to about one mill in 1993. McCoy said the reason
for 12 years instead of 20 or 25 years is good responsible financing.
McCoy talked about the Kindergarten Center which would be at the existing
Kindergarten Center at Central Office. Approximate cost of that is $1,147,000. The
fourth elementary school would be identical to Eden Lake. The intermediate school
would be on the Research Farm site for 1,200 students. And Central Middle School
will have eight rooms added to that building and some internal remodeling for
$889,000. The high school will have an increase in capacity to 2,000 for around $8
million which includes an athletic facility.
David Soucy, Cunningham Architects, talked about the Kindergarten Center and
phase one of adding eight classrooms and doing some additional remodeling to the
existing facility, creating offices, nurses rooms, copy centers, and library. Referred to a
chart showing the different clusters for the building and expansion possibilities.
Soucy said if the referendum succeeded, construction would begin on the
Kindergarten Center this fall for occupancy in the fall of '88. McCoy said the school
board was expecting to lease eight classrooms next fall and this would be building
those eight classrooms rather than leasing.
Soucy talked about the Central Middle School and the addition of the eight
classrooms and doing some additional remodeling of miscellaneous areas. Soucy
said construction on the Central Middle School would also begin this fall for
occupancy next year.
City Council Minutes 4 August 18, 1987
Soucy talked about the fourth elementary school, which is basically the same as the
Eden Lake School, but there would be aesthetic changes made to the new school so
each school would have its own identity. Construction would begin next April for
occupancy in Autumn of '89.
Soucy talked about the high school, which is essentially additions and remodeling to
all three floors with the object of increasing capacity as far as classrooms and all of
the core facilities to 2,000. This includes exterior athletic facilities and all-weather
competition track as well. Classroom capacities would be increased (phy.ed, media
center, art rooms, industrial arts, office areas, counselors, student activities) by
approximately 40 percent. Future expansion later to 2,400. The idea is to consolidate
as much of the new construction close to the center of the building in event of future
additions.
Soucy mentioned the gymnasium/phy.ed. area, they are increasing the size and
number of the phy.ed area in proportion to school physical education needs. The new
gym will be a competition size gym, but without seating in it. It will have the wood floor
and all the apparatus. There will be additional locker rooms for the boys and the girls
varsity, in addition to the phy.ed locker rooms there now. McCoy said it was not the
District's intent to build those locker rooms and if the facility went through, the school
board would have to build those. McCoy said the additional space for the physical
education program will be built for the physical education department but have the
additional value of being extra-curricular for the community.
Soucy talked about the Intermediate School and addressed the architectural issues.
Said the school opens with 1,200 students and can be expanded up to 1,400
students.
Councilmember Harris asked what impact is projected from the open enrollment.
McCoy said all suburban schools are equal in terms of programs and thinks that
parents needs will dictate some of that in terms of where their children go for
babysitting. McCoy said in talking with the neighboring districts, it will be an even
trade.
Councilmember Harris mentioned the fiscal action the Legislature took and will it lead
to over capacity in terms of having to build more classroom space that otherwise might
have been leased. McCoy said it's a result of an imbalance in the funding in the
State, and to hold the suburbs in line the State has increased taxes and the cities
receive no return for that. McCoy said the leasing of schools is probably not going to
be around much longer, but Eden Prairie would like to try to get relief because they
City Council Minutes 5 August 18, 1987
have $600,000 on the line over the next three years.
Mayor Peterson said if the referendum passes and there are commitments over the
next two years for spending that money for construction, what provisions are available
that might respond effectively enough if there is a major economic downturn in the
next three years or if some decision of the Legislature or Metropolitan Council or
someone else makes Eden Prairie not as desirable a place to live and the growth
doesn't occur. McCoy said the size of the buildings gives economic scale. McCoy
said they have four buildings and space to flip-flop 250 students each way, so there's
a built-in safeguard there. At capacity it will be 800 to 900 students in those buildings;
McCoy mentioned the all day kindergarten need and said by 1990 there will be 12
classrooms available with this plan. If all day kindergarten didn't happen, that space
could be turned into community education space.
Councilmember Anderson talked about the needs of residents and one of them being
to leave their children in school longer, particularly elementary age. Wondered if the
possibility of leaving the children at school until five p.m. was considered. McCoy said
for four years they've had what they call "Extended Day" that starts at 6:00 AM and
ends at 6:00 PM. The YMCA uses Eden Prairie facilities and provides that care and
they set up the program. Councilmember Anderson asked if new facilities would be
able to handle that type of program without busing one place to another. McCoy said
If it's put in the elementary schools, it will work, but there has to be sufficient numbers.
Councilmember Anderson said he thought the District already had an all-weather
track. McCoy said, "yes, we do." McCoy mentioned in 1980 there were vague plans
about development of the high school site, which was not included in the referendum
to the extent they needed to. McCoy mentioned his concerns about transporting
students to another site for practice. McCoy said the District runs buses in the spring
to the high school for track practice and from time to time students miss the buses and
run to the field and cross Highway 4 and Highway 5, which is not a very well
controlled traffic area. McCoy said it's very dangerous and costly to transport kids
over a long period of time to that facility. McCoy said there ought to be a facility at the
high school to satisfy that need. McCoy said a track costs $180,000 and said it's a
small price to pay to get that amenity and keep that safety factor in mind.
Councilmember Anderson said he's looking at it from a taxpayer point of view who
just paid for it a little while ago. And asked if anything more was going in besides the
track. McCoy said a stadium that would seat about 2,500. McCoy said to put more
seating in the other facility is not acceptable to the School Board and the other seating
will be left.
Mayor Peterson asked how it will be utilized at the Middle School. McCoy said the
City Council Minutes 6 August 18, 1987
Middle School will have 1,200 students so it will have plenty of use.
Councilmember Bentley asked why the recommendation and consideration by the
School Board is for one referendum rather than two, looking at the time lines involved.
Councilmember Bentley said with a 30 million dollar referendum it's going to make a
near term referendum for any City's needs difficult to pursue. McCoy mentioned a
survey and Councilmember Bentley asked which one he was referring to. McCoy
said the most recent one, relating to responses to the City's March 1987 referendum
and that one of the problems tends to be that this City is waiting for the school to ask
its question. McCoy said the priorities of residents is schools come first and parks
second. McCoy said it would be confusing to the public to do two or three school
referendums and then have the City do a referendum. McCoy said the Board has
looked at every one of the issues and discussed and concluded the best way to go is
one referendum. Councilmember Bentley asked if there are economies in doing it
this way and McCoy said there were. McCoy said by bidding the Kindergarten Center
and Middle School at the same time that's an economy. In terms of leasing space,
that is not an economy because money goes out the door and doesn't come back.
Councilmember Bentley asked when showing financial projections, mill levy
projections for capital expenditure funds, do projections make the assumption
that the City is going to be getting out of the tax increment financing district at a certain
point in time. McCoy said, "no: that it's his understanding those projects will run the
ten years which they're legally allowed to run. If they run shorter than ten years, the
numbers will be better. McCoy said those numbers are projected with the notion the
City will continue to tax increment finance districts for the full ten years.
David Anderson said the growth being experienced this past year and coming year is
far greater than anticipated which has sped up building needs by about a year.
Councilmember Pidcock commended the School Board for excellent planning, but
asked what relief can those who have been here a long time expect to find in their
taxes with the 33 million dollar referendum. McCoy said the $33 million is spread
over a larger tax base and also takes into account the fact that we have paid off
buildings. McCoy said the school buildings are running abut $60 to $65 a square
foot.
Claude Johnson said they could stretch the referendum out to 18 years, but if you look
at total cost pay off, this size referendum in 12 years is responsible in the trade off of
interest versus total cost, and keeping a level payment as one would finance a
home.
Councilmember Anderson was concerned that there is no waste or no frills with the
City Council Minutes 7 August 18, 1987
referendum and are the current facilities being used to maximum. Councilmember
Anderson said Council has to look at the affect the referendum has on any programs
for the City coming up.
Mayor Peterson said the District's decision effectively delay any possible bond
referendum that the City might consider for park acquisition or development for two,
three or four years. With this referendum the community will know there will not be
anymore school bond referendums. McCoy said he thinks they are operating in the
best interest of the community.
David Anderson said the people moving to Eden Prairie are expecting to pay for the
schools and are not expecting split shifts in schools and classes of 35 children per
class. Claude Johnson said last year Prairie View School had classes of 32 and 33
pupils, and the School Board got a lot of static allowing that to happen. McCoy said
they hired additional teachers and split those classes. McCoy mentioned putting
portable buildings outside, but the School Board has objected to this idea.
Councilmember Anderson said the last thing he wants to see is split shifts and when
you raise class size over 24 or 26 in elementary grades, that's too many students.
Jack VanRemortel said the Districts general fund is running around $20 million
annually and total budget running about $27 million, excluding the building fund. In
that perspective, $30 million plus for facilities is not as mind boggling as when one
first hears it.
Ken Foote said it's important to inform the public first and tell them exactly what's
included in the $33 million. Foote said with the exception of the running track, there's
nothing in the referendum that is not needed.
Councilmember Pidcock asked the square footage cost for the new buildings and
Soucy said Eden Lake is $65 including everything except raw cost of the land.
Pidcock thought most people could accept that rationale
Mayor Peterson asked Mr. Jullie if the sewer and water will go as far west as the new
elementary school site on the Rogers property. Jullie said sewer and water will come
from the new interceptor sewer underway and the Metropolitan Waste Control
Commission will have that done in time for the proper extension. Jullie said the trunk
water system will have to be extended. Mayor Peterson said when this is done for the
school it will invite development in that area very quickly and maybe the issue of quick
development in that area should be researched. Jullie said the City has to look at that
carefully and Staff will come to Council with a phasing plan for that southwest area.
Peterson asked the projected completion date of the Rogers school site and McCoy
City Council Minutes 8 August 18, 1987
said 1989.
Councilmember Pidcock asked if the Rogers property is outside the MUSA Line and
Jullie said where the school is going it is not. McCoy said that was a careful
consideration when the School Board looked at the site.
David Anderson mentioned the high shcool track issue and said they wanted to see
gates opened over there. He talked about the security problem presently with the
track, that the track has got to be kept in shape, they don't know who's running on it
and what type of shoes they're wearing. He would like to see the track open to the
public and the public out using the track.
Councilmember Anderson said it's important to have a track at the high school and is
in favor of this. He said he's not necessarily in favor of a big stadium being built at the
high school. Councilmember Anderson said as far as football is concerned, that's the
only one that fills the stadiums up and he's not seeing football games do that
anymore. McCoy said the high school fills all of the seats and a lot people have to
stand on the side. McCoy said they've got a site that has its lighting and the football
field in, it needs seating and they are projecting $250,000 for seating. Anderson said
other school districts have gone with only one stadium and bus to the game rather
than put other facilities in. If a facility is put in at the high school, physical education
facilities suffer because you have less land. McCoy said they'll be running soccer and
football and having two fields so they aren't chewed up, which is really important in
athletics. McCoy said the advantage of having 1,000 seats in the existing facility is
they can use that for soccer games and that takes the pressure off some of those large
football games. McCoy also mentioned the safety issue again of getting back and
forth through the intersection of Highway 4 and Highway 5. Councilmember Pidcock
mentioned that some day there will be an overpass across Highway 5.
ADJOURNMENT
The Eden Prairie City Council and School Board meeting was adjourned at 6:55 PM.
City Council Minutes 1 September 1, 1987
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, September 1, 1987
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
7:30 P.M., CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
Mayor Gary Peterson, Richard Anderson
George Bentley, Jean Harris, and Patricia
Pidcock
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 Linda
Jacobson
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilmember Pidcock was absent.
OFFICIAL SIGNING OF THE CONSTITUTION BANNER
Thomas Howden, Chairman of the Bicentennial Committee, said among the activi
t
i
e
s
planned for the bicentennial has been securing of the large copy of the constitution, which
will ultimately be signed by as many residents of Eden Prairie who will do so, with
t
h
e
councilmembers being the first signatures to appear. (Whereupon the councilme
m
b
e
r
s
present signed the constitution banner.)
I. APPROVAL OF WENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: X. A. 2. Harris - Set date to review study reports.
MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and
Other Items of Business, as amended and published. Motion carried 5-0-0.
II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY. AUGUST
4.1987
City Council Minutes 2 September 1, 1987
The following items were changed: Page 9, second motion, delete the motion.
Page 19, Paragraph 7, "Peterson asked if that means the elimination of present
signs and no provision for future signs and Pidcock said, "yes". Page 24, XI.,
"MOTION: Harris moved, seconded by Pidcock to hold the...."
MOTION: Bentley moved, seconded by Anderson, to continue the August 4, 1987
City Council Minutes to the next regularly scheduled meeting. Motion carried
4-0-0.
Ill. CONSENT CALENDAR
A. Clerk's License List
B. 2nd Reading of Ordinance No. 43-87, Park Use Ordinance Amendment
C. Receive 100% Petition for Street and Utility Improvements for the Extension of
Windsor Terrace in J.L. Subdivision and authorize preparation of Plans and
Specifications (Resolution NO. 87-243)
D. Authorize permit application for connection to MWCC Sanitary Sewer
Interceptor for International School (Resolution No. 87-244)
E. CITY WEST HOTEL Kahler Corporation. Request for extension of
Developer's Agreement to August 6, 1988.
F. Resolution No. 87-253 authorizing refunding of $763.000 of Municipal
Industrial Development Bonds for Minnesota Supply Company
G. 1st Reading of Ordinance No. 47-87 amending_City Code Section 2.18. which
regulates the terms for the Historical & Cultural Commission
H. final Plat approval for Wyndham Crest Addition (East of Dell Road on
extension of Tristram Wayl (Resolution No. 87-246)
I. VVYNDHAM CREST by Burl Corporation. 2nd Reading of Ordinance #37-87,
Zoning District Change from Rural to R1-13.5; Approval of Developer's
Agreement for Wyndham Crest; and Adoption of Resolution #87-248,
Authorizing Summary of Ordinance #37-87 and Ordering Publication of Said
Summary. 27.9 acres into 25 single family lots, 1 outlot, and road right-of-way.
Location: West of Purgatory Creek, east of Tristram Way. (Ordinance #37-87,
Rezoning; Resolution #87-248, Authorizing Summary & Publication)
City Council Minutes 3 September 1, 1987
Harris asked about Item H and asked if there is a recommendation from the Parks,
Recreation and Natural Resources Commission. Anderson said he believed
Council received that at the last meeting.
MOTION: Anderson moved, seconded by Bentley, to approve items A - I on the
Consent Calendar. Motion approved 4-0-0.
IV. PUBLIC HEARINGS
A ROGER'S BODY SHOP. INC. by Roger L. Lindeman. Request for Zoning
District Change from Rural to 1-2 on 1.68 acres with variances to be reviewed
by the Board of Appeals, and Preliminary Plat of 1.91 acres into one lot and
road right-of-way for construction of an auto body shop. Location: Highway
#169 across from the Hennepin County Vocational Technical School.
(Ordinance #44-87, Rezoning; Resolution #87-249, Preliminary Plat)
City Manager Jullie stated notice of this Public Hearing had been published
and property owners within the project vicinity had been notified. Jullie said
the proponent is requesting this item be continued to September 15, 1987 to
work out some additional details with surrounding property owners adjoining
the area. Jullie said Mr. Ronald Krueger was available to answer any
questions.
MOTION: Bentley moved, seconded by Harris, to continue this item to the
September 15, 1987 Council meeting. Motion approved 4-0-0
B. BLUESTEM HILLS 4TH ADDITION by Brown Land Company. Request for
Planned Unit Development Concept Review on 15.94 acres with variances,
Zoning District Change from Rural to R1-13.5 on 10.57 acres with Shoreland
variance to be reviewed by the Board of Appeals, Zoning District Amendment
within the R1-13.5 District on 5.36 acres, and Preliminary Plat of 15.94 acres
into 27 single family lots, 3 outlots, and road right-of-way. Location: West of
Bennett Place and Bluestem Lane. (Resolution #87-250, PUD Concept;
Ordinance #45-87-PUD-11-87, PUD District and zoning District Change;
Resolution #87-251, Preliminary Plat)
City Manager Jullie stated notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Michael Gair, representing the proponent, addressed the proposal. Wayne
Brown, David Brown, Peter Knaeble, and Ronald Krueger were available for
questions.
City Council Minutes 4 September 1, 1987
Planning Director Enger said the Planning Commission first reviewed this item
at its August 10th meeting. The Planning Commission spent a lot of time on
the issues of grading and steep slope problems, and balancing whether
those slope problems should be solved now in the subdivision design or put
off to the future to 27 subsequent owners and buyers. The Planning
Commission continued this item, encouraging the proponent to modify the
plan to reduce the amount of grading necessary and reduce retaining walls.
Enger said the plan Council has before it this evening is the plan the
proponent is suggesting. The Planning Commission recommended approval
of the project on a 3 to 2 vote to City Council.
Enger said that the City Staff continues to recommend an alternative to that
recommendation, which would be to solve the problems of the subdivision
design in the subdivision site plan rather than putting problems off into the
future. Enger said this is different than the Planning Commission's
recommendation. Subject to alternative number two that was before the
Planning Commission in the Staff report of August 21st with its suggested
contingencies.
Enger pointed out to Council the City's experience with heavily sloping and
heavily wooded terrain over the last year. Enger mentioned Gaff's proposal
and said it depends on the developer, the land owner, the effectiveness of the
restrictive covenants, and ability of the buyers to be able to be informed under
the restrictive covenants and then design their home accordingly. Enger said
Gair has explained a way in which many of the lots would develop, but Staff is
finding many cases in which such development has not been built as
represented; for that reason Staff does not recommend approval of the
subdivision as proposed.
Enger went over the items changed between the August 10th meeting and the
August 24th meeting of the Planning Commission, which were, one,
elimination of retaining walls, but the retaining walls are now essentially
the foundation of the house and, two, bridging of large ravines and
construction of houses on several feet of fill that went in those ravines.
Enger said Staff looked at building permits issued in subdivisions that depend
upon restrictive covenants for special developments of lots and found 11
instances out of about 45 building permits issued that the actual building plan
differed significantly from the development plan. Enger said with 1,700
building permits issued last year Staff has to depend entirely upon developers
to make sure that they do exactly as Gair has suggested. Enger said Staff has
City Council Minutes 5 September 1, 1987
to invent a process to depend on restrictive covenants. Enger said inventing
new processes for each subdivision makes administration very difficult.
Enger said the City should not rely on every builders sensitivity to the area
and desire to build to fit the land, the developer has very little control over that.
Enger also said Staff has had little control in being able to implement
restrictive covenants.
Enger stated that Staff thinks the subdivision as proposed will work, but should
have a modification which will swing the road further away from the rim of
steep sloped areas. Enger said Staff is very concerned about erosion
problems with these lots.
Enger said the developer is not proposing something that can't work, that
every lot can be built on. Enger said it's a question of whether the subdivision
is appropriately designed to meet standard building expectations, and Staff
thinks it isn't.
Director of Community Services Lambert said the Parks, Recreation, and
Natural Resources Commission reviewed this item at its June 1st meeting.
Lambert said this was reviewed before the Planning Commission reviewed it
because of concerns about the impact of changing the conservancy line as
proposed. Lambert said he visited this site prior to the Parks Commission
meeting and walked the site down to the bottom of the ravine and looked up to
the area staked and marked where the house pads and lot lines would be.
Lambert said Staff is convinced a person walking down at the bottom of the
ravine would have little opportunity to see houses on that point. Lambert said
the retaining wall could be seen during certain times of the year.
Lambert said the Parks Commission recommended unanimously approval of
the plat as proposed at that time. Lambert said the major reason for approval
was the issue of the impact of the development on the creek valley, but they
felt comfortable with the proposal.
Peterson asked if the road is moved to the north further, what impact that
would have on the northerly lots; and if Staff has reviewed the present
alignment or some minor modification as it connects to the development to the
north. Enger said Staff has reviewed that issue and the road fits into a logical
plan that goes back into Bennett Road. Enger said that some of the lots on the
north side of the road would be eliminated.
Anderson mentioned his concern over retaining walls on steep slopes after the
City Council Minutes 6 September 1, 1987
storm of July 23rd. Anderson also said he would like to see Staff do some
more work on this proposal and is not satisfied with the way it is done at the
present time.
Harris agreed with Anderson. She mentioned her concerns over building on
steep unstable soils and the erosion problems that it poses. Harris mentioned
her concern over the difficulty of enforcing restrictive covenants. Harris said
she has concerns about structures being built on fill in this area. Harris said
she would like more thought given to the proposal and maybe there could be
some indication that the design was one Council could feel comfortable with
as related to future purchasers ability to construct dwellings on this site.
Peterson mentioned the fact the City can't pass its responsibility for review to
even the best intentions of people; it still remains Council's responsibility.
Peterson said the proposal does not provide the level of assurance that the
community requires of this Council. Peterson said he concurs with Anderson
and Harris and would like more work done to prevent the number of lots that
are very questionable.
Bentley said he shares the concerns of the councilmembers present. Bentley
suggested the proponent and the Planning Staff take another look at the
proposal. Bentley said it's a difficult site to develop but would like to see more
work done on it.
Wayne Brown talked about how he has been working closely with Staff and
talked about the efforts he has made to get a new method of policing how the
proponent will control what will be done on the lots. Brown then went into
detail of how Brown Land Company intend to have control over what is done
to the lots in the development.
Peterson asked how the City fulfills its oversight responsibility and didn't
believe it was prudent for the Council, with reference to this proposal, to
deviate from policy because it happens to like the proponents and then the
next developer comes along and says he wants to do the same thing the
Browns did. The Council has then set a precedent which may not be a good
one. Peterson also mentioned his concern about retaining walls.
Harris said she appreciated the fact the proponent had thought about and
devised a process for insuring compliance with any restrictive covenants, but
believed the problems are future development which is not entirely in the
proponent's hands, and that the City cannot delegate regulatory powers
insuring enforcement that this project would continue to meet City Code.
City Council Minutes 7 September 1, 1987
Harris said she would like to see the problem solved before the fact rather than
after it so that there are no future problems on the site for those who will be
building.
Gair said he's a little concerned about the use of the word "precedent" and
said they are not asking Council to set a precedent on the lots. Peterson said
the word "precedent" was in reference to the request or assumption that the
Council and the City can have confidence in the function of the private
in-house architectural review committee that will make sure for the City that the
building pad does not exceed and the house is designed compatible with a
particular lot.
Bentley asked the proponents if they want Council to act on this plan tonight as
submitted. Wayne Brown said he would like some direction and suggested
tabling this item until someone establishes the rules and regulations for the
proponent to follow to build on this type of terrain.
Peterson asked Enger if there could be progress in addressing the concerns
that the Council has expressed to continue this item for two weeks to
September 15th. Enger didn't think there would be progress made in two
weeks because there are two different points of view between proponent and
Staff; one wishes to solve the problem and retain the lots through the use of a
special process and the other wishes to resolve the problems at this point
through redesign of the subdivision.
Bentley commented on the concept of the independent architectural review
committee that would enforce restrictive covenants. Bentley said the history of
enforcement of those restrictive covenants by an independent organization
has been poor at best. Bentley suggested the creation of an architectural
design frame work manual that would be approved and enforced by the City.
Bentley also asked for some additional documentation in written form on how
the retaining walls are going to be safe in terms of maintaining the integrity of
the homes and slopes simultaneously.
Bentley asked Lambert how the project area impacts the conservancy area by
the creek. Lambert said there is a trade or flip-flop of the original conservancy
line and the present conservancy line. Bentley asked Lambert if the proposed
conservancy line as shown is satisfactory and Lambert said that it was.
Peterson said he hoped this item would not come to a motion tonight to
approve or deny because he would like more time to review the documents.
City Council Minutes 8 September 1, 1987
Peterson suggested a motion to continue, that there could be more discussion
or perhaps Bentley's idea of designing a frame work to follow. David Brown
said Bentley's idea is precisely what they would like to have. Ronald Krueger
also went along with Bentley's idea for guidelines to follow within the City.
MOTION: Bentley moved, seconded by Harris, to continue this Public Hearing
to September 15, 1987.
Anderson expressed concerns about building large homes on these lot sizes.
Anderson talked about the area of lots along the creek, that this is a unique
area and should be treated that way, that it should not fit in a 13.5 area what
fits this area best should be identified and asked what provisions do we have
in the City Code that will best work for this type of property.
VOTE ON THE MOTION: Motion approved 4-0-0.
C. JNSULATION DISTRIBUTORS. INC by Welsh Companies, Inc. Request for
Planned Unit development District Review on 100 acres with variances,
Zoning district Change from Rural to 1-2 on 2 acres for construction of a 30,672
square foot office/warehouse. Location: South of Valley View Road on
Equitable Drive. (Ordinance #46-87-PUD-12-87, PUD District and Rezoning)
City Manager Jullie stated notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Stan Baratz and David Clark, representing the proponent, addressed the
proposal.
Planning Director Enger said the Planning Commission reviewed this item at
the August 10th meeting and recommended approval on a 5 - 0 vote, subject
to staff recommendations of August 7th. Enger said this was not reviewed by
the Park and Recreation Commission.
Enger stated that the Staff has no desire to pass final judgment on the building
colors; however, there is a design framework manual for this area. Enger said
the proponent has done a nice job of pulling some of the existing colors out of
existing buildings making a building that has its own identity, but not having to
have a blue building.
Bentley asked for clarification of the two-story building. Clark said the tenant is
a large warehouse user so he then has the height to develop two full office
stories along Equitable Drive, so the back side will only look like a one-story
,17
City Council Minutes 9 September 1,1987
building. Bentley asked how far back the office space would go and Clark said
30 to35 feet.
Anderson asked Enger what's going to occur across the road from this area.
Enger said the PUD calls for office land use all around the outside ring of that
area. Anderson mentioned his concerns about the visual impact of the area
with this building being on the corner.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Anderson, to Close the Public Hearing
and Adopt 1st Reading of Ordinance No. 46-87-PUD-12-87 for PUD District
Review and Rezoning. Motion approved 4-0-0.
MOTION: Bentley moved, seconded by Anderson, to Direct Staff to prepare a
Development Agreement incorporating Commission and Staff
recommendations. Motion approved 4-0-0.
V. PAYMENT OF CLAIMS
MOTION: Harris moved, seconded by Bentley, to approve the Payment of Claims
Nos. 36907 - 37201.
ROLL CALL VOTE: Anderson, Bentley, Harris, Peterson voted "aye". Motion
approved 4-0-0.
VI. ORDINANCES & RESOLUTIONS
There were none.
VII. PETITIONS. REQUESTS & COMMUNICATIONS
A. Request from Hoyt Development for a dual address for its Technology Park IV
building
Steven B. Hoyt, Hoyt Development, referred to a diagram of Technology Park,
and stated this past year they have built Technology Park IV, V and VI.
Technology Park IV was given an address of 10120 West 76th Street. Hoyt
said about an equal portion of Technology Park IV is on Golden Triangle
Drive, but given a West 76th Street address. Hoyt said they are expecting
Golden Triangle Drive to be a much more heavily traveled street than West
76th Street.
City Council Minutes 10 September 1, 1987
Hoyt said they have a couple tenants in Technology Park IV who have a
problem with their customers finding them. The customers have to turn the
corner onto Golden Triangle Drive and go a half a block to find these tenants
who have a West 76th Street address.
Hoyt said they are asking for a dual address for this building, Technology Park
IV. The part of the building facing Golden Triangle Drive would have a Golden
Triangle Drive address and the other part of the building would stay the West
76th Street address that faces West 76th Street.
Hoyt said they have gotten approval from the post office for delivery if the City
approves the dual address. Hoyt said they've been told it could create a
problem with the Public Safety Department, but Hoyt thought it would be the
opposite and create less confusion if the building were identified accurately.
Peterson asked Hoyt if the buildings he referred to with 14 addresses are on
the same street. Hoyt said, yes, they were on Shady Oak Road. Hoyt said with
Technology Park they've tried to address it as one address and label the
suites A, B, C, etc.
Harris asked if there's a separate reception area in Technology Park IV that
faces Golden Triangle Drive. Hoyt said there is a curb cut going into
Technology Park IV from Golden Triangle Drive and the only curb cut going
into the building on West 76th Street is at the very beginning of Technology
Park IV, so the tenants have told Hoyt their customers get lost once they are
inside the building.
Jullie stated the administrative policy has been to assign a street name
on a corner lot situation based on whatever the developer wants to have,
either one or the other, assuming there is driveway access. Jullie said there
are many corner lot buildings in the City and this would open up a situation
where there could be a lot of confusion to have the same building addressed
on two different streets.
Jullie said Public Safety has indicated that the Metro 911 Committee, which
approves address assignments, may not go along with a building having two
different addresses.
Peterson mentioned that it's common in downtown Minneapolis to have two
addresses for the same building which face different streets and 911 surely
figured out a way to do it downtown.
City Council Minutes 11 September 1, 1987
Jullie responded that in downtown Minneapolis one is used to that situation.
In the suburbs buildings have setbacks and are completely separate buildings
from the others around it; it's not typical to have two street addresses.
Harris asked if this building had multiple access to the building from Golden
Triangle Drive. Hoyt stated there are five separate accesses to the building
Itself, two are on West 76th Street, one is at the corner, and two are on Golden
Triangle Drive.
Anderson stated as long as there is no problem with the Public Safety aspect,
he'd like to find out whether 911 has a problem with the dual address.
Anderson said if a dual address would simplify things, he didn't see a problem
with it.
Bentley said he sees only two ways to solve the problem: one, to grant the
request, or, two, some sort of a major signage identification at each entrance.
The latter may cause confusion along Golden Triangle Drive to identify an
entrance off that street with a West 76th Street address.
Peterson said he would like to hear from Public Safety the real problems that
would be encountered, but without having heard any, Peterson would like to
see on major corner buildings addresses on A street and some on B street.
Jullie stated he's passing along a very strong reaction he received from his
Staff to deny the dual address. Jullie could not address why 911 wouldn't go
along with this, but said he was just told they may not go along with the dual
address.
Peterson suggested approving this item subject to approval from Public
Safety.
MOTION: Anderson moved, seconded by Harris, to move that Council pass
the request subject to the approval of Public Safety and any other comments
from Staff on it that they may come up with. Motion approved 4-0-0.
B. PRAIRIE VIEW by Prairie View Associates for Preliminary Plat
of 16.18 acres into 3 lots and road right-of-way with variances to be reviewed
by the Board of Appeals. Location: Northeast corner of Prairie Center Drive
and Plaza Drive. (Resolution #87-252, Preliminary Plat)
City Manager Jullie stated this is a straightforward subdivision to
City Council Minutes 12 September 1, 1987
accommodate the Baker's Square Restaurant in Prairieview Center. Originally
the restaurant was going to be leased out, but now Baker's Square wishes to
own the property. The Planning Commission has recommended approval of
Resolution No. 85-252 for preliminary plat.
MOTION: Bentley moved, seconded by Harris, to Adopt Resolution No. 85-252
approving the Preliminary Plat.
Peterson asked what kind of instrument will be executed to assure off site
parking. Mark Rooney, Prairie View Associates, stated there would be cross-
parking easement which would be reciprocal between both parcels.
Rooney clarified Jullie's statement and said there's an option to purchase.
The parcel will still be under the same ownership but it's down the line that the
option could be exercised. Rooney said they will submit for Staff approval of
cross-parking easement which will run with the land to make sure there's no
dispute between tenants and plenty of parking between the two.
VOTE ON THE MOTION: Motion approved 4-0-0.
C. Request for Liquor License by Snax Fifth Avenue
City Manager Jullie stated the Public Safety Department has done the
reference checks and find no reason to deny this request and Staff is
recommending issuance of the license.
MOTION: Harris moved, seconded by Bentley, to grant the request for liquor
license by Snax Fifth Avenue.
Bentley asked Jullie how many liquor licenses are left for the City after this one
and Jullie stated there's approximately a total of 12 until the census comes in
and that could change. Bentley requested that number be given to him.
VOTE ON THE MOTION: Motion approved 4-0-0.
Peterson mentioned the research that goes into approving a liquor license and
maybe the same amount of background checking should apply to daycare
centers. Anderson mentioned the fact that the State licenses the daycare
centers, whereas the liquor licenses becomes a local responsibility. Bentley
said the State issues the licenses for the local facilities, but the employees
may require licensing since they probably don't go through any sort of
extensive reference check because of employee mobility.
City Council Minutes 13 September 1, 1987
VIII. REPORTS OF ADVISORY COMMISSIONS
There were none.
IX. APPOINTMENTS
A. Appointment of member to Historical & Cultural Commission to fill an
unexpired term to 2/28/89
Bentley asked if it's past the deadline for the Happenings to go out and if not,
can there be an announcement that the City is looking for someone for the
Historical and Cultural Commission and three appointments to the Southwest
Corridor Advisory Committee. Peterson said there could be a note or invitation
for people to consider application for the Historical and Cultural Commission.
Peterson said there are no nominees to the Commission at present.
B. Confirm appointment of Mayor Peterson to the Corridor Advisoor Committee as
requested by the Hennepin County Regional Railroad Authority
MOTION: Harris moved, seconded by Bentley, to move appointment of Mayor
Peterson to the Corridor Advisory Committee. Motion approved 4-0-0.
MOTION: Bentley moved, seconded by Harris, to close the nomination and
cast a unanimous ballot for Mayor Peterson. Motion approved, 4-0-0.
C. ADDOintment of 3 citizen members to the Southwest Corridor Advisory
Committee
Peterson asked if there were any Councilmembers or citizens present who
would like to serve on the advisory committee to state their interest, otherwise
Peterson will contact the Chamber of Commerce and see if they recommend
anybody.
Anderson asked if it could be left open for anybody in the community who
wishes to apply. Peterson said Council could do that, but stated he was still
going to ask the Chamber of Commerce for recommendations. Anderson said
he would like to open it up to the community also.
Harris asked when the appointments should be in and Peterson stated that
the Commissioners had wanted responses by the previous Friday. Harris said
she asked the question because it may preclude Council's ability to widely
City Council Minutes 14 September 1, 1987
advertise and obtain names, but perhaps Council may know of individuals
who might be interested in serving.
Bentley stated this is going to relate to something very important in the near
future and that's light rail transit and if it's going to continue out to Eden Prairie
and beyond. Bentley thought it important to get someone with some
knowledge of these issues.
Harris said it's incumbent upon the Councilmembers to recruit people once
Council knows what the job responsibilities are. Peterson suggested there
might be a brief description of the job responsibilities in the FYI packet on
Friday.
X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS
A. Reports of Council Members
1. Set special meeting for September 15.1987 at 4:00 PM to include
discussion on the City's Emergency Operating Plan to be followed by a
closed meeting to discuss landfill litigation and contests
Anderson asked to expand the agenda on September 15th to allow for
some preliminary discussion regarding the landfill litigation contests, etc.
MOTION: Anderson moved, seconded by Harris, to expand the agenda for
the September 15th meeting at 4:00 PM discussion on the landfill litigation
contests, etc. Motion approved 4-0-0.
2. Set meeting date to review study reports
Harris said she would like some indication as to when some of the study
reports might be coming up. She said she's not looking for answers, but
perhaps at the meeting on September 15th Staff might be able to identify
some of those. Harris said she was particularly interested in the survey
which we have not had a report on as of yet.
Jullie said this week in Council's FYI they will receive a summary of the
review that Staff has done of the surveys. Jullie said it can be placed on
the agenda on the 15th.
Bentley suggested not placing this item on the agenda on the 15th
because the information in the FYI packet might satisfy the situation. Harris
City Council Minutes 15 September 1, 1987
said she really only wanted a status report and asked Jullie if he's
proposing it for a discussion item. Jullie said, "yes".
Anderson stated he sees a lot of little things piling up and suggested
setting up a special workshop day sometime. Anderson said he would
rather talk about a special workshop date instead of one meeting here and
there.
Harris said she supported Anderson's point of view and perhaps Council
can define what other things might be discussed and then set a date for
that workshop. Peterson said some of the issues might fit into the strategic
planning sessions.
3. Transportation Advisory Board
Bentley stated he has resigned from the Transportation Advisory Board
due to the hours that the Board meets. Peterson thanked Bentley for his
work and representation of the community on the Board.
B. Fleoort of City Manager
1. Award Contract for construction of Fire Stations
Peterson said it has been recommended that Council continue this item.
Bentley asked what the problem was and Jullie stated the bids for the
stations came in substantially over the estimate. Jullie said
the bids will be taken for the equipment prior to the next Council meeting
and then Staff will decide whether to rebid the process or go ahead with
what Staff has received.
Bentley asked if construction costs are going up and JuMe said that
builders are so busy, there's so much work around, that they bid high.
MOTION: Harris moved, seconded by Anderson, to continue Item X. B. 1.
Motion approved 4-0-0.
2. Western Water Management . Inc letter dated August 12. 1987
City Manager Jullie passed out a memo with attached letter from Western
Water Management, Inc. regarding the bids for phosphate treatment
chemicals. Jullie stated Western Water Management was told to bid
for whatever product they have that meets the specifications and Staff
City Council Minutes 16 September 1, 1987
would consider it.
Jullie stated the City has a different supplier now and Staff will to
monitor the performance of the different product to see if it's meeting specs.
Peterson asked, so the letter that was sent was not based on accurate
information and Jullie said, "no". Peterson asked if that was communicated
to Western Water and Jullie said he has not since he just received the
letter today.
Anderson asked Jullie if he had any report on the opening of Baker Road and
Crosstown. Jullie said that is supposed to be happening in September.
3. Letter from R. M. Feerick Associates dated August 31. 1987
Jae referred to a memo from R. M. Feerick and Associates and said it is
regarding a parcel of property that Feerick represents at the corner of
Prairie Center Drive and Technology Drive. Jullie said it ties into the
Purgatory Creek Recreation Area park entrance.
Enger related Mr. Feerick's position for this parcel of property. Enger
referred to the site plan which identified three different types of land uses
proposed for the site: hotel, retail shopping center and office area.
Enger stated this conceptual plan has been developed in concert with
Feerick's suggestions and Staff discussion with Feerick. Enger discussed
the architectural design of the site plan.
Enger said Feerick wants to make Council aware what's he's doing
because it may or may not involve the City. Nothing to date has any City
involvement in it. Enger said the way it is designed does allow for public
participation.
Peterson stated the water feature is an important component of the
eventual development on the Purgatory Creek Recreation area. Peterson
said if this becomes a formal proposal, he hoped the City could participate
and guarantee that the plaza and water features are designed in such a
way that the people of the community never feel that they are intruding on
private property in order to get there and enjoy those features. Enger said
this proposed plan does offer public participation the way it is shown with
the shops and restaurants and basin gathering area.
City Council Minutes 1 7 September 1, 1987
Harris said it reminded her of Harbor Place in Baltimore. Anderson
agreed that it was an exciting project and liked the Idea of working together
with the private and public sector on this plan.
Jullie said the Hopkins and Eden Prairie School District are planning a
curriculum for a Japanese course to be instructed over two-way cable TV and
they need to use about an hour a day of our Channel 34 government access
time. Jullie said he's checking into whatever implications that may have to
the current programing that the City has and is asking Council to allow that to
happen.
Anderson suggested to go ahead with this course if there's no interfering with
the City business. Bentley pointed out that Eden Prairie should not be
permanently committed and that it's understood to be only a temporary
situation since the City may need to gain access of those hours again.
Jullie stated he would like to make plans to attend a conference coming up the
end of October in Montreal. Jullie also mentioned there was a fatality late this
afternoon due to a car accident on Viking Drive and Prairie Center Drive.
Bentley also mentioned a house fire that occurred Sunday evening on
Chesholm Lane.
C. Report of City Attorney
City Attorney Pauly said very shortly Councilmembers will be receiving a copy
of a campaign contribution expenditure reporting ordinance for Council's
consideration.
Pauly also talked about the Dorenkemper litigation and that the court
amended the order mentioned in his memorandum and Mr. Dorenkemper has
paid all the amounts that were judged against him, about $7,000.
D. Report of Director of Planning
There was none.
E. Report of Director of Community Services
There was none.
F. Report of Director of Public Works
City Council Minutes 18 September 1, 1987
Peterson asked hoWHomeward Hills Road was coming along. Dietz said he
could provide a status report in next week's information packet. Peterson
asked for a status report on several major road projects.
Xl. NEW BUSINESS
Anderson brought up the issue of recycling and is interested in seeing the City
have some open discussion and make some decisions on this issue. Anderson
mentioned the amount of leaves and grass in the landfill, and that Eden Prairie
has a recycling plant where it would be nice to get all the leaves and grass taken
to rather than the landfill.
Anderson said he would like to see Eden Prairie recycle grass and leaves instead
of putting it in landfills. Peterson asked Jullie what the feasibility would be to have
two or three Saturdays giving overtime to City Staff to drive some trucks and pick
up leaves in town for recycling. Jullie said one of the problems of going to the
county recycling is debris cannot be in plastic bags so someone has to rip
them open either there or before they go into the truck. Peterson said it might be a
good opportunity to employ some kids on a few Saturdays to open sacks. JulIle
agreed it sounded good, but mentioned the liability factor when around trucks and
equipment. Jullie said Staff can look into it. Anderson suggested contacting the
Boy Scouts organization.
Bentley requested receiving in the FYI packet next week an update on the City's
recycling efforts and where the City is at and what the status is, etc.
XII. ADJOURNMENT
MOTION: Bentley moved, seconded by Harris, to adjourn the meeting at 10:10
PM. Motion approved 4-0-0.
TUESDAY, SEPTEMBER 15, 1987
COUNCIL MEMBERS PRESENT:
CITY COUNCIL STAFF PRESENT:
MINUTES
SPECIAL CITY COUNCIL MEETING
4:00 P.M., COUNCIL CHAMBERS, CITY OFFICES
Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris, and Patricia
Pidcock
City Manager Carl J. Jullie, Assistant to
the City Manager Craig Dawson, Director of
Public Safety Keith Wall, Police Captain
Jim Clark, City Attorney Roger Pauly, and
Assistant City Attorney Ric Rosow
I. CALL TO ORDER/ROLL CALL
Mayor Peterson called the meeting to order at 4:05 P.M. All Council-
members were present.
II. DISCUSSION OF CITY'S EMERGENCY PROCEDURES
Peterson said that the purpose of discussion on this item was to
reconcile apparent conflicts between the Emergency Operations Plan (EOP)
and City Code. These inconsistencies were observed following the severe
thunderstorm of July 23-24, 1987.
City Attorney Pauly distributed and reviewed a memorandum he had prepared
regarding emergency operations as contained in the EOP and the City Code.
He said that the pertinent section of the Ordinance Code had been adopted
pursuant to State enabling legislation. The history of this section was
to adopt the provisions of the statute. In his memorandum, the City
Attorney recommended several revisions to bring the City Code in
agreement with statutes and the EOP.
One particular subdivison of the Code which Councilmembers had found
troubling was Section 2.09 relating to "Succession to Local Offices,"
in which Councilmembers and the City Manager must be notified of a
disaster and meet forthwith at the Emergency Operations Center (EOC).
The City Attorney advised that this whole section was titled "Interim
Emergency Succession", and should be interpreted and revised to be
in accordance with provisions in Minnesota Statutes, Chapter 12.
The succession issue does not come into question unless neither the
Mayor, Acting Mayor, nor quorum of the Council is available. He said
that State law dispenses with the requirement to make notices of
special meetings in emergencies, but that good faith efforts need to
be made to contact information media.
Discussion turned toward the declaration of emergencies. State law
says that only the Mayor may declare an emergency, and this emergency
may last no longer than three days unless Council authorizes its
extension. Councilmember Bentley asked if the State mandate should be
the one followed in the EOP or the Code. The City Attorney responded
that MSA 12.29 would prevail, and that the City's documents should be
revised to reflect that only the Mayor may declare an emergency.
- 2 -
The memorandum addressed several other apparent inconsistencies,
particulary the responsibilities of the Mayor and City Manager. The
City Attorney recommended that the Council clarify how it would give
direction to the City Manager so that he/she could direct operations.
Bentley said there were two types of emergencies to be discussed.
One was extreme emergency such as nucleur war where succession (and
temporary emergency appointments) would come into play because of
the absence or incapacitation of Councilmembers. The other type of
emergency is one which could be anticipated better, such as weather
or toxic spills. He wished to limit discussion to the latter case.
Peterson asked what conditions would necessitate declaring an
emergency. There is a formal declaration pursuant to MSA 12.29, and
less official statements about the existence of an emergency situation.
Councilmember Harris stated her preference to have one procedure for
any emergency.
Councilmember Anderson stated he was unsure of the procedure or
responsibility of the City Council. He pointed out that City Code
Sec. 2.09 subd. 2 related to natural disasters, and recited
language requiring notification and quick assemblage for a meeting of
the Council. The City Attorney said that this procedure should be
followed only if the Mayor, Acting Mayor, or quorum of the Council
could not be assembled. This section is not as clear as it should
be, and should be clarified to relate only to "interim emergency
successions".
Bentley related the history of the discussion among Councilmembers
during the adoption of this section of the Code. They wished to
have one plan for any emergency. The idea was to have a Council
meeting so that a plan of action could be decided upon and begun, and
to assure that one person did not assume undue control of the response
efforts.
It was suggested that the memorandum prepared by City Manager Jullie
be followed in analyzing the chronology of actions during an emergency
situation.
Anderson said that once an emergency has been declared, the Council
should be notified immediately.
Bentley noted a gap between Step 2 (Notification) and Step 3 (Direction
and Control during reponse). He wondered how the Council would be
brought into a policy-making role after being notified of an
emergency.
Peterson noted that this is where there needs to be a distinction between
the determination of an emergency, and a declaration of emergency. A
declaration can be made by the Mayor, Acting Mayor, or quorum of the
Council - this is a formality. The issue is the role of the Council once
the Chief of Police determines that an emergency exists. The City
Manager said that the Council would be called into the EOC building
between Steps 2 and 3.
- 3 -
Director of Public Safety Wall said that the prototype EOP developed by
the State has decision-making responsibilities asigned to the Mayor;
the State wished to have a uniform designation. County officials who,
along with State and Federal agencies, must approve the City's EOP, said
that the EOP should be set up to mirror the system of administration
that operates day-to-day, and that in Eden Prairie's case the City
Manager should be so designated.
Bentley said that while Statute says that only the Mayor can declare
an emergency, the City's EOP and Code should incorporate the
Acting Mayor or quorum of the Council in the succession of authority.
The City Attorney said that if the Mayor and Acting Mayor are
unavailable, then the quorum of the Council would meet and decide who
to appoint to fulfill these functions.
Councilmembers Pidcock, Harris, and Anderson expressed concern about
when the Council needs to meet, and when it is told by whom. The
City Manager said that as soon as the Public Safety Director determines
an emergency, notification begins and the Mayor talks to the other
Councilmembers. The City Attorney said the Mayor or any two Council-
members can request a Council meeting. Harris stated that Council needs
a briefing either on the telephone during notification or at a meeting.
Bentley suggested that there be a period of time, e.g, 12 hours, after
determination of an emergency that Council would assemble. The Public
Safety Director, City Manager, and Mayor together would determine
when and if within that period of time a meeting should be held.
Harris suggested conference calling as an alternative to meeting.
Anderson wanted to have as much information as possible in a reasonable
amount of time, and this desire would require a briefing. Harris
suggested a 24-hour period, because time was needed to assess damage,
contain damage, and gather useful information.
Peterson wished to identify a process by which Council could decide
to get together without physically meeting. They could then decide when
to meet. A back-up process would be needed in case phone service was
interrupted. Bentley wanted to identify when a meeting must be called.
That is why a period of time should be identified.
The consensus was for having a meeting within 24 hours at the EOC
building or other designated place.
Bentley said Council should not finish this matter by acting as a
committee this evening. Peterson believed that a consensus had been
given to staff for changes in language for the City's documents.
Bentley underscored the need to gain consistency with the EOP and Code.
He concluded that Council needs to be notified, kept notified, and
involved in the policy-making process.
Anderson said a policy needs to be developed about what the Council
and community should expect during emergencies. He stated he was
unhappy with the response of the City in following procedures, and that
policies in specific instances were handled poorly. He was concerned
with how residents fit into emergency plans with regard to what they
should expect from the City.
z-1L4
-4-
Bentley said Anderson's discussion was not germane to the focus of the
Council's discussion at this meeting. He did not believe a policy
could be devised on how and to what extent to respond to each
emergency.
Anderson said the EOP should include such matters as whether sand and
sandbags will be stored and identifying where they will be located.
Bentley believed distinctions needed to be made on the type and
severity of emergencies (e.g., flood vs. fire), and how many resources
will be dedicated.
The City Manager said 60 to 90 days would be needed for the changes
to the Code and EOP to be formally made. In the interim, his
memorandum would serve as the document setting out the process to be
followed.
The Council recessed at 5:20 P.M.
III. DISCUSSION ON LANDFILL LITIGATION AND CONTESTS
The Council convened a closed session at 5:35 P.M. to discuss landfill
litigation and contests.
IV. AJOURNMENT
The Council adjourned its special meeting at 6:10 P.M.
Respectfully submitted,
Craig W. Dawson
Recording Secretary
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 22, 1987
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
7:30 P.M., CITY HALL COUCIL CHAMBERS
7600 EXECUTIVE DRIVE
Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and
Dr. Jean Harris
City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson,
Finance Director John Frane, and
Recording Secretary Lori Day
ROLL CALL: All members present
I. APPROVAL OF AGENDA Agenda was approved as submitted.
II. REVIEW PROPOSED 1988 CITY BUDGET
Pidcock stated she would like to see the mill rate remain at 19.23 rather than
raise it to the proposed 20.896.
City Manager Jullie addressed his memorandum of September 18, 1987, in which
assessed valuations, tax levies, mill rate, other non-tax revenues, and
program expenditures were addressed. Jullie noted that the 1988 budget calls
for expenditures of $10,527,000.
The Council proceeded to review the budget on a page-by-page basis. Questions
and concerns regarding specific items were noted and will be responded to
in a memorandum to the Council prior to the next time it considers the budget.
Discussion resulting in specific motions by the Council follows.
MOTION: Bentley moved, seconded by Peterson, to delete City Hall Fund of
$239,000 from budget. Motion carried unanimously.
MOTION: Bentley moved, Pidcock seconded, to delete item #4550: Carpet Lobby
(of Community Center) @$13,000. Motion carried 5-0.
In reference to City Manager Jullie's memorandum of September 21, 1987 regarding
1988 budget requests from the Police Department, Fire Department, and equipment
certificates, Pidcock moved to keep Public Safety uniforms the same for next year.
There was no second.
MOTION: Bentley moved, seconded byPidcock, to defer discussion of name change
of "Public Safety" to "Police" to a later time. Motion carried 5-0.
III. COUNCIL RECESSED to a closed session at 9:00 to discuss matters of
litigation with City Attorney Pauly. The meeting was reconvened at 9:30.
IV. 1988 BUDGET REVIEW MEETING RECONVENED
MOTION: Bentley moved, Pidcock seconded, to delete item #4227: Drainage Fund
of $25,000. Motion failed, 2-3 (Bentley & Pidcock in favor). Anderson moved
to cut the fund down from $25,000 to $10,000. Bentley seconded. Motion carried,
3-2 (Harris & Peterson opposed).
City Council Minutes -2- September 22, 1987
Council discussed item #4541, purchase of 4 new vehicles @$31,000. It was
noted that the purchase would be of three pickup trucks to replace old squad
cars, and one replacement car. Cost of the pickups would be $7,000 each; the
car would cost $10,000. Anderson suggested purchasing only the pickups, not
the car, to reduce the total cost from $31,000 to $21,000. Pidcock concurred.
Jullie added that buying four pickup trucks would reduce the figure of $31,000
to $28,000.
Bentley moved and Pidcock seconded to reduce the amount for new vehicles to
$21,000 and to reduce the number of two-way radios from four to three (saving
approximately $1100). Motion passed, 3-2 (Harris and Peterson opposed).
MOTION: Bentley moved, Anderson seconded, to reduce item #43I2, Legal Counsel
Contractual Services, from $140,000 to $100,000. Motion failed 1-4, (Bentley
in favor). Harris moved, Pidcock seconded, to reduce only to $125,000.
Motion carried 5-0.
Council discussed Local Access Cable TV Operations listed on page 40 of the
budget proposal. It was decided that the local cable programming was not
necessary, and several items were deleted as follows:
MOTION: Bentley moved, Anderson seconded, to delete #4100: Communications
Coordinator @$25,000; delete #432I: mailing; reduce #4350: Publicity Brochure
@$10,000 to $3,000; increase #4350: printing, from $6,000 to $9,000; delete
#4550: video equipment and office furniture; delete #4130: cable TV operators;
and delete #4220: video supplies. Motion carried 5-0.
V. OTHER BUSINESS OR REPORTS. There was no other business to report at this time.
VI. ADJOURNMENT. Council adjourned the meeting at 10:47 P.M.
Respectfully submitted,
Lori Day
Recording Secretary
:2,CtU.L1
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
October 6, 1987
CONTRACTOR (MULTI-FAMILY & COMM.)
Carlson-LaVine, Inc.
Construction Analysis & Management
Inspirations, Inc.
Lund Martin Construction, Inc.
Penner Development
University Casework Systems
CONTRACTOR (1 & 2 FAMILY)
A & G Construction
A & K Builders
Marvin George Builders
Kingswood Builders
Luknic Enterprises, Inc.
T W Homes
PLUMBING
Ken Boutin Plumbing
Doody, Inc.
Peterson Plumbing & Heating
HEATING & VENTIEATING
Doody, Inc.
Market Mechanical, Inc.
DeWayne Meyer
Sunburst Heating & Air Conditioning
GAS FITTER
Market Mechanical, Inc.
Paycheck Plumbing
PLUMBING/GAS
Burkhardt Plumbing
Clark Plumbing
Hanson - Kleven Plumbing
Randy Lane Plumbing
Paycheck Plumbing
These Licenses have been approved by the department heads responsib
l
e
f
o
r
the licensed activity.
at Solie, Licensing
M'EMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
DATE:
Mayor and City Council
Assistant to the City Manager Craig W. Dawson
City Manager Carl J. Jullie
Joint Powers Agreement with Metropolitan Airports
Commission for Construction of Fire Station No. 4
September 30, 1987
In discussions with the Metropolitan Airports Commission (MAC) staff during
the preparation of the fire bond referendum in March 1986, a proposal
surfaced regarding joint funding for the construction of Fire Station No.
4. The MAC had contemplated a crash-fire-rescue (CFR) building to be
constructed on the Flying Cloud Airport property; its most recent capital
improvement program had a $500,000 entry for this facility. By building a
station close (within a mile or so) to the airport, response time would be
considered adequate to meet the airport need.
At MAC's request, the City Attorney prepared a joint powers agreement so
that MAC could participate financially. MAC will pay the lesser of
$250,000 or one-third the cost of construction, design, and fees. The City
agrees to keep at the station emergency response vehicles and equipment
which, in the City's sole judgment, may be useful for emergency response to
the Airport for small aircraft fires. Additionally, the station will have
at least three bays.
The MAC Board considered the agreement at its September 21 meeting and
approved the agreement as proposed (attached).
Recommendation: It is recommended that the Council approve the joint
powers agreement between the City and the Metropolitan Airports Commission,
and to authorize the Mayor and City Manager to execute the document.
CWD:CJJ:jdp
JOINT POWERS AGREI
BETWEEN THE CITY OF EDI
AND THE METROPOLITAN
COMMISSION
e Az-side
(1F5ryiNAL
day of , 1987, pursua
by Minnesota Statutes §471.59, by and
Prairie, a municipal corporation org
the State of Minnesota ("City") and the Metropolitan Airports
Commission, a public corporation organized under the laws of
the State of Minnesota ("MAC").
WHEREAS, City's present intention is to construct a fire
station, the design of which has not at this time been ascer-
tained, at approximately the northeast corner of the intersec-
tion of Homeward Hills Road and Sunnybrook Road within the
corporate limits of the City of Eden Prairie (the "Fire
Station"); and
WHEREAS, MAC has determined that it will benefit from
the proximity of the Fire Station to the Flying Cloud Airport
and by the construction of three vehicle stalls in the Fire
Station instead of two vehicle stalls as had been originally
contemplated by City; and
WHEREAS, MAC desires to contribute certain funds for the
purpose of construction of the Fire Station; and
WHEREAS, each of the parties hereto desires to enter into
this Joint Powers Agreement and has, through the actions of
its respective governing bodies, been duly authorized to enter
into this Joint Powers Agreement for the purposes hereinafter
stated.
NOW, THEREFORE, BE IT RESOLVED, in consideration of the
mutual covenants and agreements contained herein, it is hereby
agreed by and between City and MAC, as follows:
1. MAC shall pay one-third or $250,000.00, whichever
is less, of any construction costs incurred by the City in
the construction of the Fire Station. The term "construction
costs" as used in this paragraph and elsewhere in this Agreement
shall include, but not be limited to, the following costs:
(a) Architect's and other design costs
(b) Engineering costs
(c) Costs of materials, excavation and labor
(d) Construction and other contractor's costs
(e) Costs incurred in constructing a driveway for the
Fire Station
(f) Water and sewer hookup fees
(g) Gas, electricity and other utility hookup fees.
2. At such time as City, in its sole discretion, deter-
mines that it has been properly charged for any of the construc-
tion costs of the Fire Station, then City shall charge MAC
for one-third of such costs. Within ten days of receiving
City's invoice for one-third of such costs, accompanied by
supporting documentation, MAC shall convey its full payment
for such costs to the City.
3. Upon completion of the Fire Station construction
project, MAC shall be entitled to a copy of the architect's
summary of costs and disbursements for the project.
4. It is understood by the parties hereto that MACS
sole involvement in the construction and operation of the Fire
-2-
Station is its financial contribution as specified herein,
and that City shall make all decisions and exercise all control
of design, construction, and operation of the Fire Station.
MAC further understands and agrees that City has not, at the
present time, contractually committed itself to the construction
of the Fire Station and the obligations of City and MAC here-
under are contingent upon City proceeding with construction
of the Fire Station. If City proceeds with construction of
the Fire Station, City agrees that the Fire Station shall
include at least three vehicle stalls.
5. City agrees to keep available at the Fire Station
emergency response vehicles and equipment which, in City's
sole judgment, may be useful for emergency response to the
Flying Cloud Airport for small aircraft fires. City and MAC
specifically release each other from all liability, whether
arising out of contract, negligence or any other obligation
or duty, arising from the design, construction, or operation
of the Fire Station.
6. With the exception of the provisions contained in
paragraph 5 herein, this Agreement shall terminate upon the
determination by the City Council of the City of Eden Prairie
that the Fire Station project has been completed and accepted
and upon receipt by the City of MAC's full payment of its pro-
portionate share of all construction costs. The determination
by the Eden Prairie City Council that the Fire Station project
has been completed and accepted shall be binding upon MAC.
-3-
.2 u0
7. This Agreement shall be in full force and effect from
and after the date of passage and adoption by the governing
body of each party.
IN WITNESS WHEREOF, the undersigned governmental units,
by action of their governing bodies, have caused this Agreement
to be executed in accordance with the authority of Minnesota
Statutes §471.59.
CITY OF EDEN PRAIRIE
BY
Gary Peterson, Mayor
BY
Carl J. Jullie, City Manager
Approved by the City Council of Eden Prairie this day of , 1987.
METROPOLITAN AIRPORTS COMMISSION
BY
ITS
BY
ITS
-4-
r2L1'''SO
Approved by the of the Metropolitan Airports
commission this day of , 1987.
-5-
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 4, ENTITLED "BEER, WINE AND LIQUOR LICENSING
AND REGULATION," BY AMENDING SECTION 4.01 BY ADDING NUMBER 20
THERETO, ADDING A DEFINITION OF MALT LIQUOR; AND BY AMENDING
SECTION 4.70 BY ADDING SUBD. 2 THERETO, PERMITTING THE SALE
BY CERTAIN HOLDERS OF AN ON-SALE WINE LICENSE WHO ARE ALSO
LICENSED TO SELL BEER AT ON-SALE TO SELL INTOXICATING MALT
LIQUORS WITHOUT AN ADDITIONAL LICENSE; AND BY ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99, WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Sec. 4.01 is amended by adding number
20 thereto to read as follows:
20. "Malt liquor" means any beer, ale, or other
beverage made from malt by fermentation and containing not less
than of 1% alcohol by volume.
Section 2. City Code Sec. 4.70 is amended by adding Subd. 2
thereto to read as follows:
Subd. 2. The holder of an on-sale wine license who
is also licensed to sell beer at on-sale pursuant to Section
4.30 hereof and whose gross receipts are at least sixty (60%)
percent attributable to the sale of food may sell intoxicating
malt liquors at on-sale without an additional license.
Section 3. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 4.99 are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
Section 4. This ordinance shall become effective from
and after its passage and publication.
01,
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.
ATTEST:
City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the day of
, 1987.
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Services Al--
DATE: October 1, 1987
SUBJECT: Eden Prairie Senior Center Interior Improvements
Attached for your review is a letter from Dan O'Brien, architect for the
Senior Center (old City Hall) project. This letter summarizes the bids that
were received on September 21, 1987 for renovation of the old City Hall lower
level.
The City received four bids ranging from $47,600-$34,231. There was one
alternate for a substitute for sheet vinyl flooring instead of wood flooring
for a portion of the large meeting room that would be used for exercising,
dancing, etc. The estimated cost for this project was approximately $35,000.
Funding is from Community Development Block Grant ($30,000) and cash park fees
($5,000).
Community Services Staff recommend approval of the low bid from ENGC0 at
$34,231.
BL:md
rcv-i
September 26, 1987
Mr. Robert Lambert
Office of Community Services
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mr. Lambert:
_.-1-4---•
.Cluts
Obrien
(Strother
A1:20-11TECP3
Bids for the Eden Prairie Senior Center interior improvements were
received at your office on September 21, 1987 at 2:00 p.m., opened and
read publicly by Robert Lambert and Daniel O'Brien from the architect's
office. Four contractors submitted proposals for the work: Donahue
Construction, Inc.; Engco General Contractors; Morcon Construction Inc.;
and Trucker Construction, Inc. All contractors indicated receipt of all
four addenda and included an appropriate bid bond. The lowest bid came
from Engco General Contractors. For your convenience we have assembled
the bid summary below.
We are returning the bid forms and bid bonds herewith. Please contact
our office if you have further questions.
Best Regards,
_CLUTS, O'BRIEN, STROTHER ARCHITECTS, INC.
O'Brfen, A.I.A.
Secretary/Treasurer
DONAHUE ENGCO MORCON TRUCKER
BASE BID
DEPARTURE FROM LOW
ALTERNATES (REFER TO CONTRACT
DOCUMENTS FOR COMPLETE DESCRIPTION)
47,600 34,231 40,685 46,300
39.06% 0.00% 18.85% 35.26%
ALTERNATE - SUBSTITUTE SHEET VINYL (4,600) (2,798) 1,500 (1,653) FOR WOOD FLOORING
ALTERNATE - EXTEND COMPLETION DATE 0 0 0 0 30 DAYS
BASE BID AND ALTERNATES
43,000 31,433 42,185 44,647
DEPARTURE FROM LOW
36.80% 0.00% 34.21% 42.04%
7520 Market Place Drive •
Eden Prairie
Minnesota 55344 • Phone: 612/9414822
-MEMORANDUM-
TO:
Mayor and City Council
FROM:
Eugene A. Dietz
Director of Public Work
DATE: September 29, 1987
RE: Joint Powers Agreement
Municipal Pumping Rate Classification
Currently, NSP had a rate classification for municipal w
a
t
e
r
u
t
i
l
i
t
i
e
s
t
h
a
t
results in a reduced cost to cities in Minnesota. Howev
e
r
,
a
b
o
u
t
t
w
o
y
e
a
r
s
ago, NSP has sought to abolish that special rate and off
e
r
n
o
d
i
s
t
i
n
c
t
i
o
n
from other industrial or commercial users. The last time
N
S
P
p
r
o
p
o
s
e
d
t
h
i
s
change, Eden Prairie joined with other communities in op
p
o
s
i
t
i
o
n
t
o
t
h
e
proposal and donated $2,000.00 to the operating fund for
t
h
a
t
p
u
r
p
o
s
e
.
Consistent with our actions in the past, it is recommend
e
d
t
h
a
t
t
h
e
C
o
u
n
c
i
l
authorize the Mayor and Manager to execute the Joint Pow
e
r
s
A
g
r
e
e
m
e
n
t
.
Additionally, I would request that $2,000.00 again be co
n
t
r
i
b
u
t
e
d
f
o
r
t
h
e
specific purpose of opposing the rate classification cha
n
g
e
.
T
h
e
e
f
f
o
r
t
was successful last time and the potential savings outwei
g
h
t
h
e
$
2
,
0
0
0
.
0
0
expenditure.
EAD:ss
-,MEMORANDUM-
TO: Mayor and City Council
FROM: Eugene A. Dietz
Director of Public Works
DATE: September 29, 1987
RE: Cooperative Agreement with City of Minnetonka
Sewer Service for Edenbrook Addition
The attached agreement is identical to other cooperative agreements we
have entered with the City of Minnetonka to provide sewer service to
fringe areas of Eden Prairie. The agreement provides that Eden Prairie
will reimburse Minnetonka their standard sewer trunk fee of $825.00 per
acre. We have assessed the property for trunk sewer and water and will
pay this cost from the monies previously received.
After reviewing the potential methods of serving this segment of Eden
Prairie with sanitary sewer, it is my opinion that this is the most cost
effective way to do so and I therefore recommend approval of the agreement.
EAD:ss
AGREEMENT
THIS AGREEMENT, Made and entered into this day
of , 19 , by and between the CITY OF
MINNETONKA ("Minnetonka"), and the CITY OF EDEN PRAIRIE ("Eden Prairie"),
both being municipal corporations organized and existing under the lows
of the State of Minnesota.
The boundaries of Minnetonka and Eden Prairie abut in certain
areas. Minnetonko has existing sanitary sewer facilities capable
of serving the residents of Eden Prairie. It appears to the
respective parties that it is reasonable and feasible and in the
public interest for Minnetonka to permit a connection to its
facilities for the Edenbrook subdivision located in Section 6,
Township 116, Range 22, within the corporate limits of Eden
Prairie.
NOW THEREFORE, it is hereby agreed as follows:
1. Minnetonka shall permit a connection to its sanitary sewer for
the Edenbrook single family subdivision within the corporate
limits of Eden Prairie.
2. Plans and specifications for the construction of the sewer
improvements and the connection shall be submitted for review and
approval by the Minnetonka City Engineer.
3. Eden Prairie will pay to Minnetonka a connection charge of $820
per lot.
-1-
4. Not later than November 15, 1987, Eden Prairie shall remit, in a
lump sum payment, the total amount due Minnetonka f
o
r
t
h
e
connection charges.
5. No more than 13 single family lots shall be serviced
by the
connection to the Minnetonka facilities.
6. Eden Prairie shall be responsible for maintenance of th
e
connection.
CITY OF MINNETONKA
BY
James F. Miller, City Manager
BY
Larry A. Donlin, City Mayor
CITY OF EDEN PRAIRIE
BY
Carl J. Jullie, City Manager
BY
Gary D. Peterson, City Mayor
(SEAL)
(SEAL)
-2-
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-257
A RESOLUTION APPROVING FINAL PLAT OF
TIMBER CREEK NORTH
(South of West 62nd Street and northeasterly of Purgatory Creek)
WHEREAS, the plat of TIMBER CREEK NORTH 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 TIMBER CREEK NORTH is approved
upon compliance with the recommendation of the City Engineer's
report on this plat dated SEPTEMBER 30, 1987.
8. That the City Clerk is hereby directed to supply a certified copy of
this Resolution to the owners and subdivision of the above named
plat.
C. That the Mayor and City Manager are hereby authorized to execute
the certificate of approval on behalf of the City Council upon
compliance with the foregoing provisions.
ADOPTED by the City Council on OCTOBER 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
rc:kLI,J)
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
FROM: Jeffrey Johnson, Engineering Technician
DATE: September 30, 1987
SUBJECT: TIMBER CREEK NORTH
a0,04-
PROPOSAL: The Developer, Bohl/Helgeson Development Corporation, has
r
e
q
u
e
s
t
e
d
City Council approval of the final plat of Timber Creek North, an
8
9
a
c
r
e
planned unit development located south of West 62nd Street and wes
t
o
f
County Road #4. The plat consists of 40 single family lots, 68 mu
l
t
i
p
l
e
family townhouse lots, 4 outlots, and right-of-way dedication for r
o
a
d
w
a
y
purposes. Outlots A, B, C, and D contain 27.25, 22.98, 0.1, and 0
.
1
acres, respectively. Outlot A is intended to be donated to the Ed
e
n
Prairie foundation as Purgatory Creek conservation area, Outlot B i
s
t
o
b
e
dedicated to the City as a preservation area, Outlot C will be dedi
c
a
t
e
d
to the City as trail access to the Purgatory Creek conservation are
a
,
a
n
d
Outlot D will be retained by the Homeowners Association to contain
t
h
e
i
r
entrance monuments.
HISTORY: The preliminary plat was approved by the City Council Ju
l
y
7
,
1
9
8
7
,
per Resolution #87-185.
Second reading of Ordinance #34-87-PUD-6-87, changing zoning from ru
r
a
l
to planned unit development 6-87-RM-6.5-R1-13.5 district, was final
l
y
read and approved at the City Council meeting held August 4, 1987.
The Developer's Agreement referred to within this report was execut
e
d
August 4, 1987.
VARIANCES: As set forth in the Developer's Agreement, certain var
i
a
n
c
e
s
w
e
r
e
granted for lot widths and front yard setbacks. All other variance
requests must be processed through the Board of Appeals.
UTILITIES AND STREETS: All municipal utilities, roadways and walkw
a
y
s
w
i
l
l
b
e
installed throughout the plat in conformance with City Standards and
t
h
e
requirements of the Developer's Agreement.
In an effort to eliminate duplication and similar sounding street
n
a
m
e
s
,
Travis Trail and Laurelmont Drive must be renamed. Developer is
r
e
q
u
e
s
t
e
d
to coordinate renaming with the Engineering Department.
Page 2
Timber Creek North September 30, 1987
Because Outlot D is proposed to contain entry monuments and landscaping
and to be privately owned, the City will require documentation of
ownership and maintenance responsibilities prior to release of final plat.
Please refer to the attached letter from Hennepin County expressing the
County's concern as this project relates to County Road 62. The Developer
is hereby requested to resolve these issues prior to release of the final
plat.
PARK DEDICATION: Prior to release of the final plat, the Developer shall
convey to the City, by warranty deed, Outlots B & C. Prior to release of
the final plat, the Developer shall provide the City with a conservation
easement over the preservation area as described in the Developer's
Agreement and to revise the drainage and utilitiy easements shown on the
plat to correspond to this conservation easement. The remaining require-
ments for park dedication are covered in the Developer's Agreement.
BONDING: Bonding shall conform to the requirements of City Code and the
Developer's Agreement.
RECOMMENDATION: Recommend approval of the final plat of Timber Creek North
subject to the requirements of this report, the Developer's Agreement,
and the following:
1. Receipt of street sign fee of $1,604.00
2. Receipt of street lighting fee of $8,038.00
3. Receipt of engineering fee of $4,360.00
4. Receipt of warranty deeds for Outlots B & C
5. Receipt of conservation easement over preservation area, and
corresponding revision of drainage and utility easements on plat.
6. Satisfaction of bonding requirements
7. Resolution of concerns of Hennepin County detailed in letter dated
September 30, 1987
8. Revision of street names.
9. Receipt of documentation covering ownership and maintenance
responsibilities of Outlot D.
JJ:ss
cc: Terry Schneider, Project Developers
Bohl/Helgeson Development Corporation
Rick Sathre, Sathre Berquist, Inc.
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
HEN NEPIN
Hopkins, Minnesota 55343-8468
935-3381
September 30, 1987
Mr. Chris Enger
Planning Director
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota, 55344
REVIEW OF WATERMAIN INSTALLATION
FOR TIMBER CREEK NORTH
CSAH 62, COUNTY PROJECT 7419
Dear Mr. Enger:
An application for installation of a wat
e
r
m
a
i
n
f
o
r
T
i
m
b
e
r
C
r
e
e
k
N
o
r
t
h
w
a
s
submitted by the developer to our Mai
n
t
e
n
a
n
c
e
D
i
v
i
s
i
o
n
f
o
r
r
e
v
i
e
w
.
C
o
n
s
i
s
t
e
n
t
with our review process, the Maintenan
c
e
D
i
v
i
s
i
o
n
r
e
q
u
e
s
t
e
d
t
h
e
D
e
s
i
g
n
D
i
v
i
s
i
o
n
to review this application also. This
w
a
s
d
o
n
e
t
o
b
e
s
u
r
e
t
h
a
t
t
h
i
s
w
o
r
k
i
s
compatible to the proposed CSAH 62 roa
d
w
a
y
i
m
p
r
o
v
e
m
e
n
t
s
.
O
u
r
r
e
v
i
e
w
f
o
c
u
s
e
d
upon several areas of concern. These a
r
e
:
1. The site plan locates units 48 and 50 w
i
t
h
i
n
t
h
e
p
r
o
p
o
s
e
d
r
o
a
d
w
a
y
construction limits.
2. The location of some of the units nort
h
o
f
P
r
i
v
a
t
e
D
r
i
v
e
a
r
e
w
i
t
h
i
n
6
0
f
e
e
t
of the proposed roadway and would be
v
e
r
y
s
u
s
c
e
p
t
i
b
l
e
t
o
r
o
a
d
w
a
y
n
o
i
s
e
.
The location may preclude the develop
e
r
f
r
o
m
c
o
n
s
t
r
u
c
t
i
n
g
n
o
i
s
e
b
e
r
m
s
.
I
n
addition, the alignment of CSAH 62 ca
n
n
o
t
b
e
m
o
v
e
d
t
o
t
h
e
n
o
r
t
h
a
t
t
h
i
s
location because the driveway grades n
o
r
t
h
o
f
T
i
m
b
e
r
C
r
e
e
k
a
r
e
a
l
r
e
a
d
y
steep.
3. The location of the proposed Private Dri
v
e
/
C
S
A
H
6
2
I
n
t
e
r
s
e
c
t
i
o
n
i
s
n
o
t
consistent with the preliminary layout
t
h
a
t
w
a
s
a
p
p
r
o
v
e
d
b
y
y
o
u
r
C
o
u
n
c
i
l
o
n
June 16, 1987.
Please let me know if you have any qu
e
s
t
i
o
n
s
r
e
g
a
r
d
i
n
g
t
h
e
s
e
c
o
n
c
e
r
n
s
.
I
w
o
u
l
d
be happy to discuss them with you if n
e
c
e
s
s
a
r
y
.
Sincerely,
Bruce M. Polaczyk,
Preliminary Design Engineer
BMP:mak
HENNEPIN COUNTY
oneouolooponuNnfonolover
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-260
A RESOLUTION APPROVING FINAL PLAT OF
BLUESTEM HILLS 4TH ADDITION
(East of Bennett Place and North of Purgatory Creek)
WHEREAS, the plat of BLUESTEM HILLS 4TH 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 4TH ADDITION is approved
upon compliance with the recommendation of the City Engineer's
report on this plat dated SEPTEMBER 29, 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 OCTOBER 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
1
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technician
DATE: September 30, 1987
SUBJECT: BLUESTEM HILLS 4TH ADDITION
PROPOSAL: Brown Land Company has requested City Council approval of the fi
n
a
l
plat of Bluestem Hills 4th Addition. Located west of Bennett Place and
north of Purgatory Creek, the plat contains 7.31 acres to be divided into
7 single family residential lots, 2 outlots, and right-of-way dedication
for street purposes. Outlot A contains 2.12 acres and is to be retained
by the Develper for future development. Outlot B contains 9,423 square
feet and will also be retained by the Developer; however, it is
substandard in size and without the inclusion of additional land, would
not qualify as a buildable lot.
HISTORY: This plat is a re-plat of Outlot D of Bluestem Hills First Additio
n
,
approved December 16, 1987.
The preliminary plat was approved by the City Council August 19, 1986, per
Resolution 86-204.
Second reading of Ordinance 45-86, changing zoning from rural to R1-13.5,
was finally read and approved September 16, 1986.
The Developer Agreement referred to within this report was executed
September 16, 1986.
VARIANCES: Variance from the requirements of City Code 12.20, Subd. 2.A,
waiving the sixth month maximum time elapse between the approval date of
the preliminary plat and filing of the final plat will be necessary.
All other variance requests must be processed through the Board of Appeals
STREETS AND UTILITIES: All municipal utilities, roadways, and walkways wi
l
l
b
e
installed in conformance with City Standards and the requirements of the
Developer's Agreement.
A 100' diameter temporary cul-de-sac easement on the western terminus of
the street will be required (pending development of Outlot B and
surrounding areas) prior to release of the final plat.
Prior to release of the final plat, Developer shall submit final
construction plans for streets and utilities to the City Engineer for
review and approval.
Page 2
Bluestem Hills 4th Addition September 30, 1987
PARK DEDICATION: The requirements for park dedication are cov
e
r
e
d
i
n
t
h
e
Developer's Agreement.
BONDING: Bonding must conform to City Code and Developer's Agree
m
e
n
t
requirements.
RECOMMENDATION: Recommend approval of the final plat of Blu
e
s
t
e
m
H
i
l
l
s
4
t
h
Addition subject to the requirements of this report, the Devel
o
p
e
r
'
s
Agreement, and the following:
1. Receipt of street sign fee of $333.00
2. Receipt of street lighting fee of $973.00
3. Receipt of engineering fee of $280.00
4. Satisfaction of bonding requirements.
5. Receipt of temporary cul-de-sac easement.
JJ:ss
cc: Brown Land Company
Ron Krueger and Associates
9,q(0-3
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-256
A RESOLUTION APPROVING FINAL PLAT OF
EDENBROOK
WHEREAS, the plat of EDENBROOK 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 EDENBROOK is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated
SEPTEMBER 29, 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 OCTOBER 6, 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
Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technician .799'4../11
DATE: September 29, 1987
SUBJECT: EDENBROOK
PROPOSAL: The Developers, David and Leila Hoel, have requested City Council
approval of the final plat of Edenbrook, a single family residential
development located south of West 62nd Street and west of Cranberry Road
in the North half of Section 6. The plat contains 5.97 acres to be
divided into 13 single family lots, 1 outlot, and road right-of-way.
Outlot A contains 0.48 acres and is intended to be dedicated to the City
as a conservation area.
HISTORY: The preliminary plat was approved by City Council August 4, 1987,
per Resolution #87-226.
The Developer's Agreement referred to within this report is scheduled for
execution October 6, 1987.
Second reading of Ordinance 39-87 changing zoning from rural to R1-13.5 is
scheduled for the City Council meeting October 6, 1987.
VARIANCES: Lot size variances over Lots 4, 5 & 6, Block 1 to 10,800 s.f.,
8,930 s.f. and 10,925 square feet, respectively, (where 13,500 square feet
is required) was granted August 13, 1987. All other variance requests
must be processed through the Board of Appeals.
UTILITIES & STREETS: All municipal utilities, roadways and walkways will be
installed in conformance with City Standards and the requirements of the
Developer's Agreement. Through a cooperative agreement with the City of
Minnetonka, the sanitary sewer system for this project will drain into
Minnetonka's system. This is a much more cost effective method as opposed
to the costs and difficulties involved with extending Eden Prairie's
sanitary sewer system through the surrounding wetland areas to serve this
development. Another segment of the council agenda contains a Cooperative
Agreement between Eden Prairie and Minnetonka to provide that service.
The Agreement provides that Eden Prairie will pay Minnetonka their trunk
sewer charge for allowing the connection. It is recommended that the
funding arrangement be for Eden Prairie to pay those costs and, in turn,
assess this development our standard trunk sewer and water assessment rate
of $2,850 per acre. Prior to release of the final plat said Agreement
with Minnetonka shall be completed.
'1 1
PAGE 2 EDENBROOK SEPTEMBER 29, 1987
The lateral sewer connection to Minnetonka is propos
e
d
t
o
b
e
c
o
n
s
t
r
u
c
t
e
d
b
y
the developer, even though the line will benefit a
l
a
r
g
e
r
s
e
r
v
i
c
e
a
r
e
a
.
I
f
by a change in circumstances the developer would des
i
r
e
a
s
p
e
c
i
a
l
a
s
s
e
s
s
m
e
n
t
project instead of privately financing the project,
a
r
e
v
i
s
i
o
n
t
o
t
h
e
Minnetonka Agreement would be necessary with a feasi
b
i
l
i
t
y
s
t
u
d
y
r
e
q
u
i
r
e
d
.
Prior to release of the final plat, plat shall be re
v
i
s
e
d
t
o
s
h
o
w
a
reverse curve through to bubble cul-de-sac to provid
e
f
o
r
a
c
o
n
s
t
a
n
t
eleven-foot boulevard width.
A recordable temporary easement for the temporary cu
l
-
d
e
-
s
a
c
o
n
t
h
e
s
o
u
t
h
end will be required prior to final plat release. C
u
l
-
d
e
-
s
a
c
e
a
s
e
m
e
n
t
should be a 100 diameter.
Prior to release of the final plat, developer shall s
u
b
m
i
t
f
i
n
a
l
c
o
n
-
struction plans for review and approval by the City E
n
g
i
n
e
e
r
.
PARK DEDICATION: The requirements for park dedicatio
n
a
r
e
c
o
v
e
r
e
d
i
n
t
h
e
Developer's Agreement.
BONDING: Bonding will conform to City Code and the Developer'
s
A
g
r
e
e
m
e
n
t
.
RECOMMENDATION: Recommend approval of the final plat
o
f
E
d
e
n
b
r
o
o
k
s
u
b
j
e
c
t
t
o
the requirements of this report, the Developer's Agre
e
m
e
n
t
,
a
n
d
t
h
e
following:
1. Receipt of street sign fee of $499.00
2. Receipt of street lighting fee of $1,844.00
3. Receipt of engineering fee of $520.00
4. Receipt of warranty deed for Outlot A
5. Receipt of temporary cul-de-sac easement
6. Revision of plat to include reverse curvature for pe
r
m
a
n
e
n
t
b
u
b
b
l
e
cul-de-sac
7. City Engineer's approval of final construction plans
8. Satisfaction of bonding requirements
9. Completion of Cooperative Agreement with City of Minn
e
t
o
n
k
a
10. Subject to standard trunk sewer and water assessment
r
a
t
e
(
$
2
,
8
5
0
.
0
0
per acre)
JJ:ss
cc: David Hoel
Hanson, Thorp, Pellinen & Olson
11 i
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-263
RESOLUTION AUTHORIZING PERMIT APPLICATION
OLYMPIC HILLS VILLAS
WHEREAS, the proposed sanitary sewer to be constructed in OLYMPIC HIL
L
S
V
I
L
L
A
S
requires a connection to the Metropolitan Waste Control Commisssion (
M
W
C
C
)
interceptor system; and
WHEREAS, the proposed connection conforms to the Eden Prairie Comprehe
n
s
i
v
e
Sewer Plan.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as fol
l
o
w
s
:
The City Engineer is hereby authorized and directed to submit an
application for "Permit for Connection to or Use of Commission
Facilities" to the Metropolitan Waste Control Commission.
ADOPTED by the Eden Prairie City Council on OCTOBER 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-264
RESOLUTION AUTHORIZING PERMIT APPLICATION
TIMBER CREEK NORTH
WHEREAS, the proposed sanitary sewer to be constructed in TIM
B
E
R
C
R
E
E
K
N
O
R
T
H
requires a connection to the Metropolitan Waste Control Commi
s
s
s
i
o
n
(
M
W
C
C
)
interceptor system; and
WHEREAS, the proposed connection conforms to the Eden Prairie
C
o
m
p
r
e
h
e
n
s
i
v
e
Sewer Plan.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Counci
l
a
s
f
o
l
l
o
w
s
:
The City Engineer is hereby authorized and directed to submi
t
a
n
application for "Permit for Connection to or Use of Commissio
n
Facilities" to the Metropolitan Waste Control Commission.
ADOPTED by the Eden Prairie City Council on OCTOBER 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-265
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO
EXECUTE DEPARTMENT OF NATURAL RESOURCES LICENSE TO
CROSS PUBLIC WATERS WITH A SANITARY SEWER IN
WELTER PURGATORY ACRES 2ND ADDITION
WHEREAS, the proposed sanitary sewer to be constructe
d
i
n
W
e
l
t
e
r
P
u
r
g
a
t
o
r
y
Acres 2nd Addition requires crossing of an area designated by t
h
e
M
i
n
n
e
s
o
t
a
Department of Natural Resources as protected waters; a
n
d
WHEREAS, a license from the Department of Natural Reso
u
r
c
e
s
i
s
n
e
c
e
s
s
a
r
y
t
o
authorize this crossing.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie Cit
y
C
o
u
n
c
i
l
a
s
f
o
l
l
o
w
s
:
A. The Mayor and City Manager are hereby authorized and d
i
r
e
c
t
e
d
t
o
submit an application for license to cross public wate
r
s
a
n
d
e
x
e
c
u
t
e
said license when processed.
ADOPTED by the City Council on October 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
.2.t41!
Nla: ORDER
(Instructions on reverse side) No 1
PROJECT: Bennett Place and Blossom Ro.;c1
OWNER: City of Eden Prairie
7600 Executive Drive (Name,
Address)
Eden Prairie, MN 55344
DATE OF1SSUANCE: July 29, 1987
CONTRACTOR: Brown & Cris, Inc. OWNER's Project No I.C. 52-105
East Frontage Road I-35
19740 Kenr ick Avenue ENGINEER: Rieke Carroll Muller Assoc., Inc.
Lakeville, MN 55044 10901 Red Circle Drive
CONTRACT FOR: Sanitary Sewer, Storm Sewer, P.O. Box 130
Watermain and Street Minnetonka, MN 55343
Improvements ENG1NEER's Project No R71 (It'll
You are directed to make the following changes in the Contract Documents.
Description: Additional 500 feet of street, sanitary sewer and watermain on
Windsor Terrace. See attached quantity and cost breakdown.
Purpose of Change Order: Petition by Developer
Attachments: (List documents supporting change) Plan sheet by F and H Engineering and quantity
and cost breakdown
CHANGE IN CONTRACT PRICE:
Original Contract Price
s 349,236.15
CHANGE IN CONTRACT TIME:
Original Contract Time
Substantial Completion - Nov. 1, 1987
Final Comp1etionn5011The 15, 1988
PrevioucChange Orders No 0 to No ° Net change from previous Change Orders
S
days
Contract Price prior to this Change Order
S 349, 236 .15
Contract Time Prior to this Change Order
Substantial Completion - Nov. 1, 1987
Final Completiondo..,,Ityne 15, 1988
Net Increase tuaiiAm of this Change Order
37,629.00 S
Net Increase (decrease) of this Change Order
Substantial Completion - Add 7 days
days
Contract Price with all approved Change Orders
386,865.15 S
Contract Time with all approved Change Orders
Substantial Completion - Nov. 8, 1987
Final Comoletion't"./ticrte 15, 1988
ilpfs1 .01,•ED, APPROVED:
- 1,y
4:74.C.44;t1.4 441.64ia:///,'
EiclY: No. 1910.8.11l19S Edition)
Nee ttt.t.1 hts the Enorwer..- hunt tInlya:t Docurrenty Coe:tent:we endor•eJ h T Cenerd) Comm:toe. Arnerta.
(A LI ‘01,
tytnre
Unit Quantity Unit Price A mount
$13.30
$14.75
$770.00
$67.00
$38.50
$6.45
$266.00
$5,310.00
$1,540.00
$536.00
$346.50
51.773.75
LF
20
LF
300
EA
2
LF
8
EA
9
LF
275
$9,772.25
LF
460 $10.15 $4,669.00
EA
1 $325.00 $325.00
$1,450.00
$68.00
$26.00
$6.85
$1.00
$2,900.00
$612.00
$234.00
$2,055.00
$225.0Q
$11,020.00
EA
2
EA
9
EA
9
LF
300
LB
225
CHANGE ORDER NO. 1
Bennett Plate and Blossom Road
City of Eden Prairie, MN
Quantity and Cost Increase
Bid
Item Jtern Description
SANITARY SEWER
2 8" Sewer Pipe 10'-12' Deep
3 8" Sewer Pipe 12'-14' Deep
7 Standard Manhole 0-8' Deep
8 Extra Depth Standard Manhole
9 8" x 4" Service Wyes
10 4" Service Pipe
Subtotal Sanitary Sewer
WATERMAIN
2 6" DIP Watermain
4 6" Gate Valve and Box
5 Hydrant with Gate Valve, Box and
6" DIP Hydrant Lead
9 1" Curb Stop and Box
10 3/4" x 1" Corporation Cock
11 1" Copper Service
12 Watermain Fittings
Subtotal Watermain
DRAINAGE. LANDSCAPING AND STREET CONSTRUCTION
1 Common Excavation
CV 1,000 $0.90
$900.00
13 Bituminous Base Course (Mn/DOT
2331) TON 175
$11.25
$1,968.75
14 Bituminous Material for Base
Course (Mn/DOT 2331) TON 9
$168.00
$1,512.00
15 Bituminous Wear Course
(Mn/DOT 2341) TON 90
$13.85
S1,246.50
Page 1 of 2
Au`72'
TON 6
Coat GAL 80
TON 650
$168.00 $1,008.00
S1.30 $104.00
$6.55 $4,257.50
Bid
Item item Description Unit Ouantitv Unit Price Amount
16 Bituminous Material For Wear
Course (Mn/DOT 2341)
17 Bituminous Material For Tack
18 Aggregate Base Class 5 (100%
Crushed Quarry Rock)
21 Eden Prairie Concrete Mountable
Curb
29 Topsoil, Seed and Mulch
30 Topsoil and Sod
LF
960
$4.50
$4,320.00
ACRE
0.7
S1,625.00
$1,137.50
SY
225
$1.70
$382.30
$16,836.75
$9,772.25
$11,020.00
$16,836.75
Subtotal Drainage, Landscaping and Street Construction
SUMMARY
SANITARY SEWER
WATERMAIN
DRAINAGE, LANDSCAPING AND STREET CONSTRUCTION
TOTAL CHANGE ORDER $37,629.00
Page 2 of 2
CHANGE ORDER #1
(17. 52-069 )
Bluffs West Storm Sewer Improvement
TO: J.P. Norex
Changes made for work performed in this contract:
NATURE OF CHANGES
1. Installation of 8" PVC drain line for swimming pool which was
removed during construction. No prior knowledge of line prior to
construction.
2. Restocking and freight charges for storm sewer line abandoned by
the City.
ADJUSTMENTS TO CONTRACT COSTS
1. Add the following quantities and costs to the contract:
8" PVC Swimming Pool Drain 140 L.F. 7.00/L.F.B 980.00
2. Add the following quantities and costs to the contract:
12" PVC 460 L.F. 4.75/L.F. = $ 2,185.00
Restocking Charge 20% = 437.00
Freight= 32.50
Concrete Manholes 3 c 425.00/Each= $ 1,275.00
Restocking Charge 20% = 255.00
Freight = 32.50
$ 757.00
SUMMARY OF CONTRACT ADJUSTMENTS
Contract Amount Prior to this Change Order
$ 204,592.85
NET INCREASE Resulting from this Change Order
1,737.00
Current Contract Amount Including this Change Order 206,329.85
THE ABOVE CHANGES ARE APPROVED
Engineer
City of Eden Prairie
By
Date f4/77
THE ABOVE CHANGES ARE ACCEPTED
J.P. Norex
Date
2(.1")S.
Insulation Distributors, Inc.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 46-87
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:
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 1-2 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
1-2 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 October 6, 1987, entered into between
Welsh Companies, Inc., a Minnesota corporation, and the City of Eden Prairie, and
that certain Owner's Supplement to Developer's Agreement, between Equitable Life
Assurance Society of the United States, a New York corporation, and the City of Eden
Prairie, 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 1st day of September, 1987, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 6th day of
October, 1987.
ATTEST:
John D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
,2ti176
Exhibit A
Legal Description
P.U.D. Concept Amendment
Outlots A, B, t, & E, Edenvale 9th Addi
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Lots 1 & 2, Block 1, Edenvale Executiv
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Minnesota
Zoning from Rural to 1-2
Lot 1, Block 1, Edenvale Executive Cent
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Minnesota
Insulation Distributors, Inc.
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1987, by
the WELSH COMPANIES, a Minnesota corporation, hereinafter referred to as
"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept
Amendment on approximately 100 acres and Zoning District Change from Rural to 1-2 on
approximately two acres, for construction of a 29,885 square foot office warehouse
building, 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 #46-87,
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 August 25, 1987, reviewed and approved
by the City Council on September 1, 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 issuance of any building permit upon the property,
Developer shall submit to the City Engineer, and receive the City
Engineer's approval of plans for streets, sanitary sewer, water,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer shall construct those
improvements listed above in said plans, as approved by the City
Engineer, in accordance with Exhibit C, attached hereto.
4. Prior to issuance of any building permit upon the property
,
Developer agrees to submit to the Director of Planning, and obtai
n
the Director's approval of the following:
A. An overall plan for the exterior materials to be used on the
buildings, depicting the use of rock face block and brick
within the interior loading facilities, with details including, but not limited to materials, colors, textures,
etc. An overall plan for screening of the rooftop
mechanical equipment which shall consist of pre-finished
metal enclosures to match the metal flashing on the
remainder of the structure as described in Exhibit 8,
attached hereto.
B. An overall signage plan, with details including, but not
limited to, materials, colors, textures, lighting of signs,
location of signs, etc.
C. An overall lighting plan, with details, including, but not
limited to, materials, colors, and locations of all lighting
for the property. Lighting standards shall be no greater
than 20 ft. in height, and shall have down-cast, cut-off
luminars in order to avoid glare and lighting off the
property.
Upon approval by the Director of Planning, Developer agrees to
implement those plans listed above, in accordance with the terms and
conditions of Exhibit C, attached hereto, as approved by the
Director of Planning.
5. Prior to issuance of any building permit on the property, Developer
agrees to obtain an access agreement from the property to the east
for purposes of sharing a driveway to access both properties.
Developer agrees to file said agreement on the property at Hennepin
County and to provide proof of filing to the City prior to issuan
c
e
by City of any occupancy permit for the property.
6. Developer shall notify the City and the Watershed District 48 hou
r
s
prior to any grading on the property.
Insulation Distributors, Inc.
OWNERS' SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
WELSH COMPANIES AND THE
CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
, 1987, by
and between Equitable Life Assurance Society of the United States, a New York
corporation, hereinafter referred to as "Owner," and the City of Eden Prairie,
hereinafter referred to as "City:"
For and in consideration of, and to induce, City to adopt Ordinance #46-87
changing the zoning of the property owned by Owner from the Rural District to the I-
2 District, as more fully described in that certain Developer's Agreement entered
into as of October 6, 1987, by and between Welsh Companies and City, Owner agrees
with the City as follows:
1. If Welsh Companies 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 Owner,
their successors, heirs, and assigns of the property.
3. If the Owner transfers such property, Owner shall obtain an
agreement from the transferree requiring that such transferee agree
to the terms of the Developer's Agreement.
CITY
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
Insulation Distributors, Inc.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-245
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 46-87 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 46-87 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 6th day of October,
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. 46-87, 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. 46-87 shall be recorded in the ordinance book,
along with proof of publication required by paragraph 8 herein,
within 20 days after said publication.
ADOPTED by the City Council on October 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
,qc,7!
Insulation Distributors, Inc.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 46-87
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:
5_411MAEX: This Ordinance allows rezoning of land located north and
east of Equitable Drive, South of Valley View Road, from the Rural District to the
1-2 District, subject to the terms and conditions of a developer's agreement.
Exhibit A, included with this Ordinance, gives the full legal description of this
property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane
/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.)
Crescent Ridge
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-280
A RESOLUTION DENYING SECOND READING OF ORDINANCE #58-83
FOR THE PROPOSED CRESCENT RIDGE DEVELOPMENT
WHEREAS, Ordinance No. 58-83, authorizing first reading of a rezoning of
property for the proposed Crescent Ridge development, did receive first reading by
the City Council at a regular meeting on December 20, 1983; and;
WHEREAS, proponents for the development of Crescent Ridge have not, since
that date, completed the necessary steps for finalizing the development as was
reviewed by the City at the time of first reading; and,
WHEREAS, another proposal for development of the same property, known as
"The Ridge 2nd Addition," has been reviewed and approved for the property and is
requesting rezoning of the property according to revised plans;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE, that second reading of Ordinance #58-83 is hereby denied and that the
attendant requests for Comprehensive Guide Plan Amendment from Industrial to Medium
Density Residential, Planned Unit Development Concept for Industrial, Open Space,
and Mixed Residential uses, Planned Unit Development District Review and Zoning to
RM-6.5, with variances, and to R1-13.5, and prelimiinary plat for the Crescent Ridge
Development are also denied.
ADOPTED by the City Council on October 6, 1987.
tary D. Peterson, Mayor
ATTEST:
adfiri. D. Frane, City Clerk
The Ridge 2nd Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 30-87-PUD-5-87
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:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Planned Unit Development 5-87-
R1-13.5 District (hereinafter "PUD 5-87-R1-13.5").
Section 3. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of October 6, 1987, entered into between
United Mortgage Corporation, a Minnesota corporation, and the City of Eden Prairie
(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms
and conditions of PUD 5-87-R1-13.5, and is hereby made a part hereof.
Section 4. rhe City Council hereby makes the following findings:
A. PUD 5-87-R1-13.5 is not in conflict with the goals of the Guide Plan
of the City.
B. PUD 5-87-R1-13.5 is designed in such a manner to form a desirable
and unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of
the City Code, which are contained in PUD 5-87-R1-13.5, are
justified by the design of the development described therein.
D. PUD 5-87-R1-13.5 is of sufficient size, composition, and arrangement
that its construction, marketing, and operation is feasible as a
complete unit without dependence upon any subsequent unit.
Section 5. 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
Planned Unit Development 5-87-R1-13.5 District, and the legal descriptions of land
in each district referred to in City Code Section 11.03, subdivision 1, subparagraph
B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their
entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after
i
t
s
passage and publication.
FIRST READ at a regular meeting of the City Council o
f
t
h
e
C
i
t
y
o
f
E
d
e
n
Prairie on the 16th day of June, 1987, and finally rea
d
a
n
d
a
d
o
p
t
e
d
a
n
d
o
r
d
e
r
e
d
published at a regular meeting of the City Council of sa
i
d
C
i
t
y
o
n
t
h
e
6
t
h
d
a
y
o
f
October, 1987.
ATTEST:
John D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the
day of
/41/41r.
EXHIBIT A
P.U.D. CONCEPT AMENDMENT - P.U.D. DISTRICT REVIEW & PRELIMINARY PLAT
Legal Description
That part of the west half of the Southeast Cuarter of
SOC.O. 7. Township 114. Range 22 lying Notth of the Seen., 1076.71 feet. as eeesured at :1 St angles to the
south and u•st lines of s•td 5.01105 7 and lying South
ant hutheest.of the south ttttt sly right of way :leo of
the Chicago. ntlt a aa . St. Paul. end Racifit Pahroad.
foroesiy known as the Chicago and milvackee Railroad.
ZONING FROM I-BEN TO R1-13.5
That part of the West hal: of the Southeast Ouarter of Section
7. Township 116, Range 22 lying North of the South 1076.51
feet. aeft,o.uOed at ri;he angles to th• south and West lines of said Sertion 7 and lying South and Southeast of the south-
easterly right of way line of the Chicago. Milwaukee. St.
Paul and Pechic Rah:clad. fosmerly known as the Chicago and
PIle •- Sailsoad. which lies southwesterly . westerly and
northwAsteriy of the follouing described LIAO:
Cro.mansing at the Southuest corher of the above des-
cribed cresecty: thence on an assured bearing of South
no 7C .7in west. hong the Korth lino of raid South
1075.56 fee, a dtstance of 475.52 fee, to :pa point
of tecinning of the line tot. desthred, thente North
:7 0 54 .2f . Vest a distance of 161.58 feet: thente North
41 0 2. vas: • distance ot 655.76 feet to the East
hoe of fele west half of the SOCth aaaa Natter and said Line the. terminating.
Containing 27.67 Acres
GUIDE PLAN FROM INDUSTRIAL TO LOW DENSI1Y RESIDENTIAL
That pact of the Vest half of the Southeast Cuarter of Section
7. Township 116, Range 22 lying North of the South 1076.51
feet, as measured at richt angles to the South and West lines
of said Section 7 and lying South and Southeast of the south-
e•steclv richt of wav lin• at the Chicago. /thwack., St.
Paul and Pacific Railroad, focoerly known as the Chicago and
a ck aa Railroad. described as follows/
Secinnins at the SouthwAst corner of the abc.
deschrst ;recency, thence on an assumed bearing
of North lo 11 .24 . :att. along the West linv of
said west `vat: of the Southeast Quarter. • dist-
ance of 772.00 feet; thence East • distance of
200.00 feet. thence South 26° 5050 . Last a dist-
oho& of 629.75 feet to the North hne of said
South 1076.51 feet; thence North 111° 10'26 West.
along said Worth line, a distance oh 590.00 feet
to the point of beginning.
Containing 6.66 Acres
GUIDE PLAN AMENDMENT FROM PUBLIC OPEN SPACE TO LOW DENSITY RESIDENTIAL
That part of the West half Of the Southeast Quarter of Section
7. 7„,,,h7, 726, renee 22 lying North of the South 1076.58
feet. Ai measured at right angles to the South And West lines
Of sold Stott. 7 and lying South and Southeast of the south -easterly rigrt of way line of the Chicaoo. Milwaukee, St.
Paul and racific Railroad. foroecly known as the Chicago and
' thcad. described ae follows:
Cm/Tont:no at the Southwest corner of the above des-
shred trortcty. thence on an astuned beahn; of South PS' 11'7i -test, along the North line of said
South :071.7f feet, a distance of 702.52 feet to the
coin: of of the /and to be descrfted, thence
n ././ ic e • SO . ogle • GI 7.•no• of 7 30 . CO feet: thenC• Nee,. fe c :ch . test • distance of ¶01.91 feet; thence
N:rt, hp 1. .. ist a dLibtanee Of 614.74 feet to the last line of said west half of the Southeast Leah.:
then4e tout, W1 . west. along etid !est line • • dlstan.. of 525.00 foot; thence South 770 15•26' west
a dish,. of 521 Oa feet; thence South Al°
teet • e;StanCe Of 192.02 feet; thence South S° C7 .07° test • et SI an. . ZS feet to said North line Of
the SC,:h 106.71 feet of the Southeast
thence eefth IS' 10 .76 . West. along sold Worth 11,,
• dist.. of 60.00 feet to the point of beginning.
Containing 12.1, Acres
TNT:,
The Ridge 2nd Addition
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1987, by
United Mortgage Corporation, a Minnesota corporation, hereinafter referred to as
"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Comprehensive Guide Plan
Amendment from Industrial to Low Density Residential on 6.7 acres and from Public
Open Space to Low Density Residential on 12.2 acres; Planned Unit Development
Concept Amendment on 41.5 acres, Planned Unit Development District Review on 41.5
acres, with variances, Zoning District Change from I-General to PUD-5-87-R1-13.5 on
37.7 acres, and Preliminary Plat of 41.5 acres into 69 single family lots, one
outlot, and road right-of-way, 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 #30-87-PUD-
5-87, 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 June 10, 1987, reviewed and approved by
the City Council on June 16, 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. Concurrent with the final plat, Developer agrees to submit to the
City construction easements across those lots affected by the
construction of Dell Road. Developer agrees to submit said
easements in a form acceptable to the City and shall obtain City
approval of said easements prior to release by City of the final
plat.
4. Concurrent with the final plat, Developer agrees to dedicate to the
City Outlot A as depicted in Exhibit B, attached hereto, free and
clear of any liens, mortgages, or encumbrances.
5. Prior to issuance of any building permit upon the property,
Developer shall submit to the City Engineer, and receive the City
Engineer's approval of plans for streets, sanitary sewer, water,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer shall construct those
improvements listed above in said plans, as approved by the City
Engineer, in accordance with Exhibit C, attached hereto.
6. Developer agrees to notify the City and the Watershed District at
least 48 hours in advance of any grading, or tree removal, on the
property.
Prior to issuance of any permit for grading upon the property,
Developer agrees to implement erosion control measures and adequate
protective measures for areas to be preserved and areas where
grading is not to occur, and to receive City approval of said
measures. Prior to approval by the City, the Developer must call
for on-site inspection of the property by the City, and defects in
materials and workmanship in the implementation of said measures
shall then be determined by the City. Defects in materials or
workmanship shall then be corrected by the Developer, reinspected
and approved by the City prior to issuance of the grading permit by
the City. Approval of materials and workmanship may be subject to
such conditions as the City may impose at the time of acceptance.
7. Developer agree to confine grading to that area of the property
within the construction limits as shown on Exhibit B. Developer
shall place snow fencing at the construction limits within the
wooded areas of the property prior to any grading upon the property.
Prior to issuance of any grading permit, Developer shall submit to
the Director of Planning and receive the Director's approval of a
tree inventory of those trees within the construction area and
within 25 ft. outside of the construction area, indicating the size,
type, and location of all trees twelve (12) inches in diameter, or
greater, at a level 4.5 feet above ground level.
If any such trees are removed, damaged, or destroyed outside of the
construction area, Developer agrees that prior to issuance of any
building permit for the property, Developer shall submit to the
Director of Planning, and receive the Director's approval of a
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 three inches in
diameter. The amount of trees to be replaced shall be determined by
the Director of Planning, using a area inch per area inch basis,
according to the area of the circle created by a cross sectional cut
through the diameter of a tree as measured 4.5 feet above the
ground.
If a tree reforestation plan is required, Developer agrees that,
prior to issuance of any building permit, Developer will submit a
bond, or letter of credit, guaranteeing completion of all tree
reforestation work as approved by the Director of Planning. The
amount of the bond, or letter of credit, shall be 150% of the
approved estimated cost of implementation of all tree replacement
work and shall be in such form and contain such other provisions and
terms as may be required by the Director of Planning. Developer
agrees to prepare and submit for approval to the Director of
Planning a written estimate of the costs of the tree replacement
work to be completed.
Upon approval by the Director of Planning, Developer shall implement
those improvements listed above in said plans, as approved by the
Director of Planning.
8. Concurrent with street and utility construction, Developer agrees to
construct an eight-foot wide bituminous trail, in accordance with
City specifications, along the wetland area, generally located along
the north and west sides of Outlot A, and as depicted in Exhibit B,
attached hereto.
9. Concurrent with street and utility construction on the property,
Developer agrees to construct a five-foot wide, five-inch thick
concrete sidewalk along the south and west sides of Evener Way, as
depicted in Exhibit B, attached hereto, and in accordance with the
terms and conditions of Exhibit C, attached hereto.
10. Developer agrees that no construction of any structures shall be
commenced on the property until such time as either Dell Road, or
Evener Way, is constructed, and the other road is under
construction.
The only exception to this s that City may grant five building
permits for construction of single family homes in an area of the
property not to be occupied, or sold for occupany, until such time
as one of the roads is built and the other is under construction.
11. As part of Planned Unit Development District Review for the
property, City herein grants the following variances from Chapter 11
of the City Code:
Lot Frontage for Lots 3, 7, and 8, Block 3, shall be as
depicted in Exhibit B, attached hereto, varying from the 85
ft. minimum required by City Code.
1 ;ria
CA ;
The Ridge 2nd Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-268
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 30-87-PUD-5-87 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 30-87-PUD-5-87 was adopted and ordered published at a
regular meeting of the City Council of the City of Eden Prairie on the 6th day of
October, 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. 30-87-PUD-5-87, 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. 30-87-PUD-5-87 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 October 6, 1987.
Gary O. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
p q0.0
The Ridge 2nd Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 30-87-PUD-5-87
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,
M
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ZONING DISTRICT AND PLACING IT IN ANOTHER
,
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IN EACH DISTRICT, AND ADOPTING BY REFERENC
E
C
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R
1
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1
1
.
9
9
,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
P
R
O
V
I
S
I
O
N
S
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRI
E
,
M
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A
,
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A
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:
Summary: This Ordinance allows rezoning of land
l
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e
d
w
e
s
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o
f
Evener Way, South of the Chicago, Milwauke
e
,
S
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.
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P
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Rural District to the PUD-5-87-R1-13.5 Dist
r
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,
s
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o
t
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e
t
e
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m
s
a
n
d
c
o
n
d
i
t
i
o
n
s
of a developer's agreement. Exhibit A, in
c
l
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e
d
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i
s
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r
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,
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e
f
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legal description of this property.
Effective Date: This Ordinance shall take
e
f
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c
t
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p
o
n
p
u
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l
i
c
a
t
i
o
n
.
ATTEST:
is/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
i
s
a
v
a
i
l
a
b
l
e
f
r
o
m
t
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e
C
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.
)
gqc,1
Eden brook
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 39-87
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:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the R1-13.5 District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
R1-13.5 District, and the legal descriptions of land in each District referred to in
City Code, Section 11.03, Subdivision 1, Subparagraph 8, 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 September 30, 1987, entered into
between David and Leila S. Hoel, husband and wife, and the City of Eden Prairie,
which Agreement is hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 4th day of August, 1987, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 6th day of
October, 1987.
ATTEST:
John D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
;),Qoa
Exhibit A
Legal Description
The west 387.75 feet of the east 629.75 feet of the north 6
7
1
f
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o
f
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r
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e
a
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t
quarter of the northeast quarter of Section 6, Township 116,
R
a
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e
2
2
,
e
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e
public road, all in Hennepin County, Minnesota.
f.;1'
Edenbrook Addition
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1987, by
David J. and Leila S. Hoel, husband and wife, herei
n
a
f
t
e
r
r
e
f
e
r
r
e
d
t
o
a
s
"Developers," and the CITY OF EDEN PRAIRIE, a municipal c
o
r
p
o
r
a
t
i
o
n
,
h
e
r
e
i
n
a
f
t
e
r
referred to as "City:"
WITNESSETH:
WHEREAS, Developers have applied to City for Zoning Distri
c
t
C
h
a
n
g
e
f
r
o
m
Rural to R1-13.5 and Preliminary Plat of approximately 5.
9
7
a
c
r
e
s
i
n
t
o
t
h
i
r
t
e
e
n
lots, one outlot, and road right-of-way, situated in Hen
n
e
p
i
n
C
o
u
n
t
y
,
S
t
a
t
e
o
f
Minnesota, more fully described in Exhibit A, attached h
e
r
e
t
o
a
n
d
m
a
d
e
a
p
a
r
t
hereof, and said acreage hereinafter referred to as "the prop
e
r
t
y
;
"
NOW, THEREFORE, in consideration of the City adopting Ordi
n
a
n
c
e
#
3
9
-
8
7
,
Developers covenants and agrees to construction upon, develo
p
m
e
n
t
,
a
n
d
m
a
i
n
t
e
n
a
n
c
e
of said property as follows:
1. Developers shall develop the property in conformance w
i
t
h
t
h
e
materials revised and dated July 29, 1987, reviewed and app
r
o
v
e
d
b
y
the City Council on August 4, 1987, and attached hereto as
E
x
h
i
b
i
t
B, subject to such changes and modifications as provided
h
e
r
e
i
n
.
Developers shall not develop, construct upon, or maint
a
i
n
t
h
e
property in any other respect or manner than provided herein
.
2. Developers covenant and agree to the performance and observ
a
n
c
e
b
y
Developers at such times and in such manner as provided the
r
e
i
n
o
f
all of the terms, covenants, agreements, and conditions set
f
o
r
t
h
i
n
Exhibit C, attached hereto and made a part hereof.
3. Prior to any construction activity developing the property,
s
u
c
h
a
s
grading, building permit issuance, berm construction, etc., C
i
t
y
a
n
d
Developers agree that the joint powers agreement between the
C
i
t
y
o
f
Eden Prairie and the City of Minnetonka for purposes of exten
d
i
n
g
a
n
eight-inch sanitary sewer line to the property, said line cur
r
e
n
t
l
y
located in Cedar Ridge Pass in the City of Minnetonka, be ex
e
c
u
t
e
d
and in force.
4. Concurrent with, and as part of the
f
i
n
a
l
p
l
a
t
f
o
r
t
h
e
p
r
o
p
e
r
t
y
,
Developers agree to provide for the
n
e
c
e
s
s
a
r
y
r
i
g
h
t
-
o
f
-
w
a
y
f
o
r
C.S.A.H. #62, as determined by Hennepin
C
o
u
n
t
y
a
n
d
C
i
t
y
.
5. Concurrent with, and as part of the f
i
n
a
l
p
l
a
t
f
o
r
t
h
e
p
r
o
p
e
r
t
y
,
Developers agree to dedicate Outlot A
,
a
s
d
e
p
i
c
t
e
d
i
n
E
x
h
i
b
i
t
B
,
attached hereto, to the City for cons
e
r
v
a
t
i
o
n
p
u
r
p
o
s
e
s
.
6. Prior to any issuance of any permit f
o
r
g
r
a
d
i
n
g
o
r
b
u
i
l
d
i
n
g
o
n
t
h
e
property, Developers agree to submit
t
o
t
h
e
C
h
i
e
f
B
u
i
l
d
i
n
g
O
f
f
i
c
i
a
l
and obtain the Chief Building Offic
i
a
l
'
s
a
p
p
r
o
v
a
l
o
f
p
l
a
n
s
f
o
r
demolition and/or removal of existing
s
t
r
u
c
t
u
r
e
s
,
a
n
d
s
e
p
t
i
c
s
y
s
t
e
m
s
on the property.
Prior to demolition or removal, Develo
p
e
r
s
s
h
a
l
l
p
r
o
v
i
d
e
t
o
t
h
e
C
i
t
y
a certified check in the amount of
$
1
,
0
0
0
.
0
0
t
o
g
u
a
r
a
n
t
e
e
t
h
e
restoration of the property to grade.
City agrees to return said certified
c
h
e
c
k
t
o
D
e
v
e
l
o
p
e
r
s
a
f
t
e
r
t
h
e
demolition or removal on the property
i
s
c
o
m
p
l
e
t
e
d
a
n
d
a
f
t
e
r
i
t
i
s
verified by City that the structures,
a
n
d
/
o
r
s
e
p
t
i
c
s
y
s
t
e
m
s
h
a
v
e
been properly removed or demolished, an
d
t
h
a
t
t
h
e
p
r
o
p
e
r
t
y
h
a
s
b
e
e
n
restored to grade.
7. Developers agree to notify the City
a
n
d
t
h
e
W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
a
t
least 48 hours in advance of any gra
d
i
n
g
,
o
r
t
r
e
e
r
e
m
o
v
a
l
,
o
n
t
h
e
property.
8. Prior to issuance of any grading perm
i
t
,
D
e
v
e
l
o
p
e
r
s
s
h
a
l
l
s
u
b
m
i
t
t
o
the Director of Planning and obtain
t
h
e
D
i
r
e
c
t
o
r
'
s
a
p
p
r
o
v
a
l
o
f
a
tree inventory of those trees wi
t
h
i
n
2
5
f
t
.
o
u
t
s
i
d
e
o
f
t
h
e
construction area, which are not planned to b
e
r
e
m
o
v
e
d
by construction on the property as appr
o
v
e
d
b
y
C
i
t
y
,
i
n
d
i
c
a
t
i
n
g
t
h
e
size, type, and location of all t
r
e
e
s
t
w
e
l
v
e
(
1
2
)
i
n
c
h
e
s
i
n
diameter, or greater, at a level 4.5 fe
e
t
a
b
o
v
e
g
r
o
u
n
d
l
e
v
e
l
.
9. Developers agree to implement erosion
c
o
n
t
r
o
l
m
e
a
s
u
r
e
s
a
n
d
a
d
e
q
u
a
t
e
protective measures for areas to be
p
r
e
s
e
r
v
e
d
a
n
d
a
r
e
a
s
w
h
e
r
e
grading is not to occur, and to r
e
c
e
i
v
e
C
i
t
y
a
p
p
r
o
v
a
l
o
f
s
a
i
d
measures. Developers agree that sa
i
d
p
r
o
t
e
c
t
i
v
e
m
e
a
s
u
r
e
s
s
h
a
l
l
include, but not be limited to
A. Grading shall be confined to that a
r
e
a
o
f
t
h
e
p
r
o
p
e
r
t
y
within the construction limits.
B. Snow fencing shall be placed at the
c
o
n
s
t
r
u
c
t
i
o
n
l
i
m
i
t
s
within the wooded areas of the property
p
r
i
o
r
t
o
a
n
y
g
r
a
d
i
n
g
upon the property.
C. City shall perform an on-site inspecti
o
n
o
f
s
a
i
d
p
r
o
t
e
c
t
i
v
e
measures on the property by the Ci
t
y
.
D
e
v
e
l
o
p
e
r
s
s
h
a
l
l
contact City for said inspection. D
e
v
e
l
o
p
e
r
s
a
g
r
e
e
t
h
a
t
defects in materials and workmanship
i
n
t
h
e
i
m
p
l
e
m
e
n
t
a
t
i
o
n
of said measures shall then be determi
n
e
d
b
y
t
h
e
C
i
t
y
.
D. Defects in materials or workmanship, if any, shall be
corrected by Developers. Developers agree to call City for
reinspection of the implementation measures, and to receive
approval by the City prior to issuance of the grading permit
by the City. Approval of materials and workmanship may be
subject to such conditions as the City may impose at the
time of acceptance.
10. If any such trees are removed, damaged, or destroyed outside of the
construction area, Developers agree that prior to issuance of any
building permit for the property, Developers shall:
A. Submit to the Director of Planning, and receive the
Director's approval of a reforestation plan for all trees
removed, damaged, or destroyed outside of the construction
area. Said plan shall indicate that the 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 Director of Planning, using a square inch per square
inch basis, according to the area of the circle created by a
cross sectional cut through the diameter of a tree as
measured 4.5 feet above the ground.
B. Prepare and submit to the Director of Planning, and receive
the Director's approval of a written estimate of the costs
of the reforestation work to be completed.
C. Submit a bond, or letter of credit, guaranteeing completion
of all reforestation work as approved by the Director of
Planning. Developers agree that 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 Director of Planning.
Upon approval by the Director of Planning, Developers shall
implement, or cause to be implemented, those improvements listed
above in said plans, as approved by the Director of Planning.
11. Concurrent with utility and street construction on the property,
Developers agree to provide connection to public sanitary sewer and
watermain within Edenbrook Drive to the existing house on Lot 6,
Block 2, as depicted in Exhibit B, attached hereto.
12. Concurrent with street construction on the property, Developers
agree to construct a five-foot wide, five-inch thick concrete
sidewalk along the west side of Edenbrook Drive, in accordance with
City standards.
13. Concurrent with utility and street construction on the property,
Developers agree to construct the berm along C.S.A.H. #62, as
depicted in Exhibit B, attached hereto.
0 "0 /4 ,;04
14. At the time of street construction, Developers agree to install a
sign at the south end of the street on the property which indicates
that the street is a temporary cul-de-sac, and not a permanent dead
end street.
15. Prior to issuance of any building permit upon the property,
Developers shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer, water,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developers shall construct those
Improvements listed above in said plans, as approved by the City
Engineer, in accordance with Exhibit C, attached hereto.
Edenbrook
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-269
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 39-87 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 39-87 was adopted and ord
e
r
e
d
p
u
b
l
i
s
h
e
d
a
t
a
r
e
g
u
l
a
r
meeting of the City Council of the City of Eden
P
r
a
i
r
i
e
o
n
t
h
e
6
t
h
d
a
y
o
f
O
c
t
o
b
e
r
,
1987;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO
U
N
C
I
L
O
F
T
H
E
C
I
T
Y
O
F
E
D
E
N
PRAIRIE:
A. That the text of the summary of Ordinance No
.
3
9
-
8
7
,
w
h
i
c
h
i
s
attached hereto, is approved, and the City Cou
n
c
i
l
f
i
n
d
s
t
h
a
t
s
a
i
d
text clearly informs the public of the inten
t
a
n
d
e
f
f
e
c
t
o
f
s
a
i
d
ordinance.
B. That said text shall be published once in the E
d
e
n
P
r
a
i
r
i
e
N
e
w
s
i
n
a
body type no smaller than brevier or eight-point
t
y
p
e
,
a
s
d
e
f
i
n
e
d
i
n
Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall be
m
a
d
e
a
v
a
i
l
a
b
l
e
f
o
r
inspection by any person during regular office
h
o
u
r
s
a
t
t
h
e
o
f
f
i
c
e
of the City Clerk and a copy of the entire te
x
t
o
f
t
h
e
O
r
d
i
n
a
n
c
e
shall be posted in the City Hall.
D. That Ordinance No. 39-87 shall be recorded in
t
h
e
o
r
d
i
n
a
n
c
e
b
o
o
k
,
along with proof of publication required by p
a
r
a
g
r
a
p
h
B
h
e
r
e
i
n
,
within 20 days after said publication.
ADOPTED by the City Council on October 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
Edenbrook
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 39-87
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOV
I
N
G
C
E
R
T
A
I
N
L
A
N
D
F
R
O
M
O
N
E
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LE
G
A
L
D
E
S
C
R
I
P
T
I
O
N
S
O
F
L
A
N
D
IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAP
T
E
R
1
A
N
D
S
E
C
T
I
O
N
1
1
.
9
9
,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORD
A
I
N
S
:
2T1111EX: This Ordinance allows rezoning of land located south of Townline Road, east of Purgatory Creek, west of Woodlawn
H
e
i
g
h
t
s
,
f
r
o
m
t
h
e
R
u
r
a
l
District to the R1-13.5 District, subject to the ter
m
s
a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
a
developer's agreement. Exhibit A, included with this Or
d
i
n
a
n
c
e
,
g
i
v
e
s
t
h
e
f
u
l
l
legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John O. 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
t
h
e
C
i
t
y
C
l
e
r
k
.
)
DataServ Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 41-87
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:
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 1-2 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
1-2 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 October 6, 1987, entered into between
Opus Corporation, a Minnesota corporation, and the City of Eden Prairie, which
Agreement is hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 1st day of September, 1987, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 6th day of
October, 1987.
ATTEST:
John D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
Exhibit A
P.U.D. Concept Amendment
Lots 1 8 2, Block 1 Dataserv Business Center, Hennepin County, Minnesot
a
Zoning District Change
That part bt Lot 2, Block 1, DATASERV BUSINESS
CENTER, according to the recorded plat thereof,
Hennepin County, Minnesota, described as com-
mencing at the most westerly corner of said
Lot 2; thence on an assumed bearing of North
54 degrees 53 minutes 51 seconds East, along
the northwesterly line of said Lot 2, a dist-
ance of 206.24 feet to an angle point in the
north line of said Lot 2; thence North 89
degrees 50 minutes 54 seconds East, along
the north line of said Lot 2 a distance of
44.00 feet to the point of beginning of the
land to be described; thence South 41 . degrees 44 minutes 06 seconds East a distance of
58.00 feet; thence South 45 degrees 00 minutes
54 seconds West a distance of 151.50 feet;
thence South 44 degrees 59 minutes 06 seconds
East a distance of 308.00 feet; thence North
45 degrees 00 minutes 54 seconds East a dist-
ance of 208.00 feet; thence North 44 degrees
59 minutes 06 seconds West a distance of 308.00
feet; thence South 45 degrees 00 minutes 54
seconds West a distance of 20.50 feet; thence
North 41 degrees 44 minutes 06 seconds West
a distance of 24.07 feet to said north line
of Lot 2; thence South 89 degrees 50 minutes
54 seconds West along said north line of Lot
2 a distance of 48.05 feet to the point of
beginning.
DataServ Amendment
SUPPLEMENT TO DEVELOPER'S AGREEMENT
This Supplement to Developer's Agreement made and entered into as of this
day of , 1987, by and between Opus Corporation, a
Minnesota corporation, owner of the property as described in the developer's
agreement between Opus Corporation and the City of Eden Prairie, for DataServ, dated
November 5, 1985, and the City of Eden Prairie, a municipal corporation, hereinafter
referred to as "City;"
WHEREAS, Opus Corporation and City made and entered into a Developer's
Agreement, dated November 5, 1985, for DataServ (the "Developer's Agreement"); and,
WHEREAS, the parties desire to amend said agreement for a portion of the
property referred to in said agreement, that portion of the property being as
described in Exhibit A, attached hereto and made a part hereof;
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. Paragraph 1. shall be amended to read as follows:
Owner shall develop the property in conformance with the revised
material dated June 23, 1987, reviewed and approved as amended by
the City Council on August 18, 1987, and attached hereto as Exhibit
B, subject to such changes and modifications as provided herein.
B. Paragraphs 8. and 9. shall be added and shall read as follows:
"8. Developer acknowledges that the parking lot on the property
shall be hard surfaced, and all areas disturbed by
construction shall be seeded as part of the development of
the property."
Developer agrees that, if Phase II construction for the
7.'10
property has not been initiated by July 1, 1989, Developer
shall, at that time, implement the landscape planting plan
for the screening berm along Prairie Center Drive, as
depicted in Exhibit B, attached hereto."
2. Developer and City acknowledge that Park Dedication for the property will
not be charged at this time, with the subdivision of the property, but will
be required at the time of construction of any structure on the property in
the future, in accordance with the terms and conditions of Exhibit C of the
Developer's Agreement dated November 5, 1985.
3. Opus Corporation agrees to all of the terms and conditions and accepts the
obligations of the "Owner" under the Developer's Agreement, as amended and
supplemented herein.
WHEREFORE, the parties hereto have executed this Supplement to
Developer's Agreement the day and year first above written.
CITY OF EDEN PRAIRIE
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. ITTlie, the City
Manager, of the City of Eden Prairie, a municipal corporation, on behalf of the
corporation.
Notary 15-011c
DataServ Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-270
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 41-87 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 41-87 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 6th day of October,
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. 41-87, 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. 41-87 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 October 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
U6hn D. Frane, City Clerk
9c0(.1
DataServ Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 41-87
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 the
Intersection of Technology Drive and Prairie Center Drive from the Rural District to
the 1-2 District, subject to the terms and conditions of a developer's agreement.
Exhibit A, included with this Ordinance, gives the full legal description of this
property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane /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.)
,SD5
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 48-87
BE IT ORDAINED by the Eden Prairie City Council that the following
street shall be renamed:
FROM: APPALOOSA LANE
TO: TREE FARM ROAD
FIRST READ at a regular meeting of the City Council of the City
of Eden Prairie on SEPTEMBER 15, 1987 and finally read, adopted
and ordered published at a regular meeting of the Council of said
City on the OCTOBER 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-275
A RESOLUTION ORDERING SPECIAL ASSESSMENT OF
DELINQUENT UTILITY ACCOUNTS
BE IT RESOLVED, by the City Council of the City of Eden Prairie
that utility accounts with a balance of $100.00 or more and having a
delinquent balance be certified to Hennepin County to be collected
as a special assessment for one year at 12% interest.
ADOPTED by the City Council of the City of Eden Prairie on this
6th day of October, 1987.
Gary Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
•20 '1
TO: MAYOR & COUNCIL MEMBERS
FROM: JOHN FRANE
DATE: OCTOBER 1, 1987
RE: HOUSING REVENUE BONDS FOR EDEN POINTE, $7,865,000 (NOW CALLED
OLYMPIC RIDGE) RESOLUTION 87-276
The project has been sold to Richard Neslund for development and
renamed Olympic Ridge. The bonds are secured by a letter of credit
from Midwest Federal. Resolution 87-276 is attached.
:2,C.1)?
RESOLUTION NO. q7
CITY OF EDEN PRAIRIE
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, MINNESOTA (THE "ISSUER")
AUTHORIZING THE AMENDMENT OF THE
INDENTURE OF TRUST RELATING TO $7,865,000
MULTIFAMILY HOUSING DEVELOPMENT REVENUE
BONDS (OLYMPIC RIDGE PROJECT) (THE "BONDS"),
WHICH BONDS AND THE INTEREST AND ANY
PREMIUM THEREON ARE PAYABLE SOLELY FROM
REVENUES DERIVED FROM REVENUES PLEDGED
PURSUANT TO THE INDENTURE; APPROVING THE
ASSIGNMENT TO AND ASSUMPTION OF THE BONDS
BY R. NESLUND CO.; APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION AND
DELIVERY OF THE AMENDED AND RESTATED
INDENTURE OF TRUST; APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION OF THE
AMENDMENT TO LOAN AGREEMENT; APPROVING
THE FORM OF AND AUTHORIZING THE EXECUTION
OF THE REGULATORY AGREEMENT; APPROVING
THE FORM OF AND AUTHORIZING THE EXECUTION
OF THE BOND PURCHASE AGREEMENT;
APPROVING THE FORM OF A COMBINATION
MORTGAGE, SECURITY AGREEMENT AND FIXTURE
FINANCING STATEMENT AND A REMARK ETING
OFFERING MEMORANDUM
WHEREAS, the City of Eden Prairie, Minnesota (the "Issuer") is a statutory
city duly organized and existing under the Constitution and laws of the State of
Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota,
particularly Minnesota Statutes, Chapters 462A and 462C, as amended (the "Acts"),
the Issuer is authorized to carry out the public purposes described therein and
contemplated thereby by issuing its revenue bonds to defray, in whole or in part,
the development costs of a multifamily rental housing development, and by
entering into any agreements made in connection therewith and pledging them as
security for the payment of the principal of and interest on any such revenue bonds
(the "Program"); and
WHEREAS, to provide a means of financing the cost of a rental housing
development that will pravide decent, safe and sanitary housing for low and
moderate income residents of the City of Eden Prairie (the "City") at rents they
can afford, and further (1) to provide for and promote the public health, safety,
morals and welfare; (2) to provide for efficient and well-planned urban growth and
development, including the elimination and prevention of potential urban blight,
and the proper coordination of industrial facilities with the public services, mass
transportation and multifamily housing developments; and (3) to assist persons of
1
low and moderate income in obtaining safe and sanitary housing at rents which they
can afford, which constitute valid public purposes for the issuance of revenue bonds
under the Acts, the Issuer has issued its Multifamily Housing Development Revenue
Bonds (Eden Pointe Apartments Project) (the "Bonds") originally issued in the
aggregate principal amount of $7,865,000 and has loaned the proceeds to Eden
Pointe Apartments Limited Partnership, a Minnesota limited partnership (the
"Prior Partnership"), pursuant to a Loan Agreement dated as of December 1, 1985
between the Issuer and the Developer (the "Loan Agreement") to permanently
finance construction of a multifamily rental housing development in the City (the
"Project"); and
WHEREAS, the Issuer has financed the undertaking of said Project under the
Act by the issuance of the Bonds of the Issuer under a resolution adopted on
December 30, 1985; and
WHEREAS, the Bonds were issued under an Indenture of Trust dated as of
December 1, 1985 between the Issuer and First Trust Company, Inc. (the "Trustee")
and are secured by a pledge and assignment of certain revenues, in accordance with
the terms of the Indenture of Trust, and said Bonds and the in
t
e
r
e
s
t
o
n
s
a
i
d
B
o
n
d
s
are payable solely from the revenues pledged therefor an
d
t
h
e
B
o
n
d
s
d
o
n
o
t
constitute a debt of the Issuer within the meaning of an
y
c
o
n
s
t
i
t
u
t
i
o
n
a
l
o
r
statutory limitation nor constitute nor give rise to a pecun
i
a
r
y
l
i
a
b
i
l
i
t
y
o
f
t
h
e
Issuer or a charge against its general credit or taxing powers a
n
d
d
o
n
o
t
c
o
n
s
t
i
t
u
t
e
a charge, lien, or encumbrance, legal or equitable, upon any p
r
o
p
e
r
t
y
o
f
t
h
e
I
s
s
u
e
r
other than the Issuer's interest in said Project; and
WHEREAS, pursuant to an Assignment and Assumption Agre
e
m
e
n
t
d
a
t
e
d
September 10, 1987, the Prior Partnership assigned its dutie
s
,
o
b
l
i
g
a
t
i
o
n
s
,
r
i
g
h
t
s
and interests in and to the Project, the Loan Agreement and the Bonds, to R.
Neslund Co., a Minnesota corporation (the "Developer"); and
WHEREAS, the Developer has redesignated the Project as the "Olympic
Ridge Project" and the Bonds have been redesignated the City of Eden Prairie,
Minnesota Multifamily Housing Development Revenue Bonds (Olympic Ridge
Project); and
WHEREAS, the Bonds have been remarketed and the parties to such
remarketing, desire that certain changes be made to the Indenture and Loan
Agreement, and that there be executed a Combination Mortgage, Security
Agreement and Fixture Financing Statement, a Bond Purchase Agreement and a
Regulatory Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, MINNESOTA, AS FOLLOWS:
1. The Issuer hereby approves the assignment to the Developer of the
duties, obligations, rights and interests of the Prior Partnership in and to the
Project, the Loan Agreement and the Bonds, and the assumption of those duties
,
obligations, rights and interests, by the Developer.
2. The City Council of the Issuer hereby authorizes and directs the
Mayor and City Manager of the Issuer (the "Mayor" and the "Manager",
2
respectively) to execute and deliver the Amended and Restated Indenture of Trust
dated October , 1987 (the "Amended Indenture"), by and between the Issuer and
the Trustee, and to deliver to said Trustee the Amended Indenture, and hereby
provides that the Amended Indenture shall provide additional terms and conditions,
covenants, rights, obligations, duties and agreements of the bondholders, the Issuer
and the Trustee as set forth therein.
All of the provisions of the Amended Indenture, when executed as
authorized herein, shall be deemed to be a part of this resolution as fully and to the
same extent as if incorporated verbatim herein and shall be in full force and effect
from the date of execution and delivery thereof. The Amended Indenture shall be
substantially in the form on file with the Issuer, which is hereby approved, with
such necessary and appropriate variations, omissions and insertions as do not
materially change the substance thereof, or as the Mayor, in his discretion and
upon advice of special counsel, shall determine, and the execution thereof by the
Mayor shall be conclusive evidence of such determination.
3. The Mayor and Manager are hereby authorized and directed to
execute and deliver the Amendment to Loan Agreement, dated October , 1987,
(the "Amendment") between the Issuer and the Developer (the Loan Agreement and
Amendment are hereinafter referred to as the "Amended Loan Agreement"), the
Regulatory Agreement dated October , 1987 (the "Regulatory Agreement")
between the Issuer, the Developer and the Trustee, and the Bond Purchase and
Remarketing Agreement dated October , 1987 (the "Bond Purchase Agreement")
between the Issuer, the Developer and Miller & Schroeder Financial, Inc. All of the
provisions of the Amended Loan Agreement, the Regulatory Agreement, and the
Bond Purchase Agreement, when executed and delivered as authorized herein, shall
be deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Amended Loan Agreement, the Regulatory
Agreement, and the Bond Purchase Agreement shall be substantially in the forms
on file with the Issuer which are hereby approved, with such omissions and
insertions as do not materially change the substance thereof, or as the Mayor, in
his discretion, shall determine, and the execution thereof by the Mayor ahsll be
conslusive evidence of such determination.
4. The form of the Combination Mortgage, Security Agreement and
Fixture Financing Statement dated October , 1987 from the Developer to the
Trustee and Midwest Federal Savings and Loan Association of Minneapolis is hereby
approved in substantially the form on file with the Issuer which is hereby approved,
with such omissions and insertions as do not materially change the substance
thereof, or as the Mayor, in his discretion and upon advice of special counsel shall
determine.
5. The Mayor and Manager of the Issuer are hereby authorized to
execute and deliver, on behalf of the Issuer, such other documents as are necessary
or appropriate in connection with the remarketing of the Bonds.
6. The Issuer hereby consents to the distribution of the Remarketing
Offering Memorandum dated October ,1987, relating to the Bonds, in the form
on file with the Issuer, provided that the Mayor may consent to such variations,
omissions and insertions as are not materially inconsistent with the form on file
3
with the Issuer on the date hereof. The Remarketing Offering Memorandum is the
sole material consented to by the City for use in connection with the offer and sale
of the Bonds. The Issuer has not reviewed or approved any information or
statements contained in the Remarketing Offering Memorandum or the appendices
thereto and assumes no responsibility for the sufficiency, completeness or accuracy
of the same, except for the information contained therein under the caption "THE
ISSUER".
7. All covenants, stipulations, obligations and agreements of the Issuer
contained in this resolution and the aforementioned documents shall be deemed to
be the covenants, stipulations, obligations and agreements of the Issuer to the full
extent authorized or permitted by law, and all such covenants, stipulations,
obligations and agreements shall be binding upon the Issuer. Except as otherwise
provided in this resolution, all rights, powers and privileges conferred and duties
and liabilities imposed upon the Issuer or the City Council by the provisions of this
resolution or of the aforementioned documents shall be exercised or performed by
the Issuer or by such members of the City Council, or such officers, board, body or
agency thereof as may be required or authorized by law to exercise such powers
and to perform such duties.
No covenant, stipulation, obligation or agreement herein contained or
contained in the aforementioned documents shall be deemed to be a covenant,
stipulation, obligation or agreement of any member of the City Council of the
Issuer, or any officer, agent or employee of the Issuer in that person's individual
capacity, and neither the City Council of the Issuer nor any officer or employee
executing the Bonds shall be liable personally on the Bonds or be subject to any
personal liability or accountability by reason of the issuance thm.eof.
No provision, covenant or agreement contained in the aforementioned
documents, the Bonds or in any other document related to the Bonds, and no
obligation therein or herein imposed upon the Issuer or the neach thereof, shall
constitute or give rise to any pecuniary liability of the Issuer or any charge upon its
general credit or taxing powers. In making the agreements, provisions, covenants
and representations set forth in such documents, the Issuer has not obligated itself
to pay or remit any funds or revenues, other than funds and revenues derived from
the Amended Loan Agreement which are to be applied to the payment of the
Bonds, as provided therein and in the Amended Indenture.
8. Except as herein otherwise expressly provided, nothing in this resolution
or in the aforementioned documents expressed or implied, is intended or shall be
construed to confer upon any person or firm or corporation, other than the Issuer or
any owner of the Bonds, any right, remedy or claim, legal or equitable, under and
by reason of this resolution or any provision hereof, this resolution, the
aforementioned documents and all of their provisions being intended to be and
being for the sole and exclusive benefit of the Issuer and any owner from time to
time of the Bonds.
9. In case any one or more of the provisions of this resolution, or of the
aforementioned documents, or of the Bonds issued hereunder shall for any reason
be held to be illegal or invalid, such illegality or invalidity shall not affect any
other provision of this resolution, or of the aforementioned documents, or of the
Bonds, but this resolution, the aforementioned documents, and the Bonds shall be
4
construed and endorsed as if such illegal or invalid provision had not been contained
therein.
10. The officers of the Issuer and attorneys, engineers and other agents or
employees of the Issuer are hereby authorized to do all acts and things required of
them by or in connection with this resolution, the aforementioned documents, and
the Bonds for the full, punctual and complete performance of all the terms,
covenants and agreements contained in the Bonds, the aforementioned documents
and this resolution. In the event that for any reason the Mayor of the Issuer is
unable to carry out the execution of any of the documents or other acts provided
herein, any other member of the City Council of the Issuer shall be authorized to
act in his capacity and undertake such execution or acts on behalf of the Issuer
with full force and effect, which executions or acts shall be valid and binding on
the Issuer. If for any reason the Manager of the Issuer is unable to execute and
deliver the documents referred to in this resolution, such documents may be
executed by a member of the City Council or the City Clerk, respectively, with
the same force and effect as if such documents were executed and delivered by the
Manager of the Issuer.
11. This resolution shall be in full force and effect from and after its
Passage.
Adopted by the City Council of the City of Eden Prairie this 6th day of October,
1987.
SEAL Gary D. Peterson
Mayor
Attest
John D. Frane
City Clerk
5
RESOLUTION
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDEN PRAIRIE )
The undersigned duly qualified and acting City Clerk of the City of Eden
Prairie hereby certifies the following:
1. The attached is a full, true and correct copy of the original
Resolution No. , adopted October 6, 1987, and on file in the
Office of the City Clerk.
2. The City Council meeting was held upon due call and notice and
members were present.
3. WITNESS my hand and the seal of the City.
Dated: October , 1987
CITY OF EDEN PRAIRIE
John D. Frane
City Clerk
6
g610
September 1, 1987
TO: City Council Members
FROM: Doug Andrews, President, Eden Prairie Fire
Department Relief Association
SUBJECT: Proposed Changes to the Relief Association's
A-1
Bylaws
The attached list of proposed bylaw changes is for your
viewing before being brought up at the September 15, 1987,
Council meeting.
These proposed changes do not involve any monetary issues.
Instead, they are intended to clarify our current bylaws so
that they will be easier to enforce in the future. Also,
since we have had a number of members retire recently, we
feel that their voices should be heard in our meetings, thus
the changes pertaining to retired members. We have also had
to address some issues that were new to us. Namely, the
addition to Article I, Section 1, which pertains to members
that have resigned and wish to be reinstated in the
Association.
1 These proposed changes have been reviewed by Mark Johnson
and approved by the membership of the Relief Association.
r- C: If you have any questions or concerns, please feel free to
contact me at 937-9880.
BYLAWS OF THE
EDEN PRAIRIE FIRE FIGHTERS'
RELIEF ASSOCIATION
ARTICLE I
Section 1. Any regular member of the Eden Prairie Fire
Department who is under forty-one years of age shall be
eligible to apply for membership in this Association.
However, this age limitation shall not apply on any
application for reinstatement in the Association, pending the
approval of the Board of Trustees.
Section 2. Application for membership may be made at any
regular or special meeting of the board of trustees, and then
laid over for one month for consideration. During this time,
the board of trustees shall conduct an investigation to
determine if the applicant, due to some medically
determinable physical or mental impairment or condition,
would constitute for the Association a predictable and
unwarranted risk of liability for benefit, at an age earlier
than the minimum age specified for receipt of a service
pension. If no such impairment of condition exists, the
board of trustees shall appoint the applicant to membership
in the Association.
Section 3. Expulsion from or resignation before the said
Fire fighter is eligible to collect benefits or failure to
meet the requirements of paragraph A5 of section II in said
Department's policies and procedures manual before the Fire
fighter is eligible to collect benefits shall terminate the
membership of the Fire fighter so resigning, expelled or not
in compliance with the said Department's bylaws. Trustees and
members of the Association must be members in good standing
with the Fire Department. Any suspensions in accordance with
the Fire Department Bylaws will not count as time in figuring
retirement benefits for said Firefighter in the Relief
Association. Members on an approved leave of absence from
the Eden Prairie Fire Department shall not be terminated.
They shall not, however, be entitled to any benefits of
membership in this Relief Association while on such leave,
nor shall the time spent on such leave be credited as service
as an active Fire fighter for the purpose of computing
eligibility for Relief Association benefits. The exception
to a leave of absence is a medical leave. There are two
types of medical leave of absence; a fire related injury or
illness, and a non-fire related medical leave of absence. A
fire related medical leave of absence will result in no loss
of benefits for a Fire fighter. In the case of a non-fire
related medical leave of absence, a Fire fighter shall
receive benefits for the first three months of the medical
leave providing said Fire fighter has not taken a non-fire
related medical leave of absence within the preceding 365
days.
Section 4. All retired members of the Association will have
voting rights in the Association meetings. They will also be
notified of all membership meetings. Notices will be sent to
their last known address.
ARTICLE II
Board of Trustees
Section 1. The Board of Trustees shall be composed of 9
trustees, 6 of whom shall be elected for terms as specified
in this Article, or until their respective successors have
been elected and qualified, at the annual meeting of the
Association from its members, and 3 statutory ex officio
trustees; the Chief of the Eden Prairie Fire Department, the
Mayor, and the Clerk of the City of Eden Prairie. One of the
six elected members on the Board of Trustees must be a
retired member, receiving a monthly pension, who is elected
by the membership of the Association. If there is not a
retired member to fill the position of Trustee, then that
position may be filled by a current member.
Section 2. At the first election following the adoption of
these bylaws, 2 trustees shall be elected for terms of one
year two trustees shall be elected for terms of two years,
and two trustees shall be elected for terms of three years.
Thereafter, as their respective terms of office expire, two
trustees shall be elected for three year terms at each annual
meeting. If a vacancy of a Trustee occurs, either a current
or retired member, that position will be filled by election
from the membership within 31 days of becoming vacant. Any
Trustee elected would serve the length of term remaining for
that position. The position of Trustee to be served by a
retired member as stated in Article II, Section 1, must be
elected by the membership and can not be appointed or held by
a current member that is retiring without first being elected
by the membership. Any Trustee, upon retirement from the
Fire Department, must relinquish their position until an
election is held to determine who shall hold that position.
Section 3. At the first meeting of the Board of Trustees
held after the annual meeting of the members of the
Association, the Board shall elect, from the 6 trustees who
have been elected by the members, a President, a Vice
President, a Secretary, and a Treasurer. Each of the
Officers shall serve in the position to which he was elected
for a term of one year or until his successor has been
elected and qualified.
Section 4. A general Trustee or Officer may be removed for
cause. Cause for removal shall include, but not be limited
to, the breach of the duties as set forth in Articles II and
III of these bylaws. One or more of the Trustees of Officers
may be removed at a meeting of the membership which is called
for that purpose by a two-thirds vote of those present and
voting at such meeting. Notice of the meeting at which
removal is to be considered shall be given to each member and
shall include the Purpose of the meeting. The general
Trustee or Officer shall be given an opportunity to be fully
heard as to each charge. If a general Trustee or Officer is
removed, his replacement shall be elected at the same
meeting, and such replacement shall serve out the unexpired
term of the removed general Trustee or Officer.
Section 5. Any Trustee who is placed on suspension from, or
asked to leave the Fire Department, shall forfeit their
position on the Board.
Section 6. It shall be the duty of the Board of Trustees to
prepare modes and plans for the safe and profitable
investment of the unappropriated funds of the Association,
and whenever loans or investments are made, to investigate
and pass upon the securities offered and to attend to the
drawing and execution of the necessary papers. The Board
shall order an audit of the books and accounts of the
Secretary and Treasurer annually, according to law, and shall
submit a written report of the condition of the Association
to the members at the annual meeting.
Section 7. The investment of the funds of the Association
shall be in the exclusive control of the Board of Trustees,
in conformance with state statutes.
Section 8. The members of the Board shall act as Trustees
with a fiduciary obligation to the members of the
Association, to the City of Eden Prairie and to the State of
Minnesota.
ARTICLE III
Duties of Officers
Section 1. It shall be the duty of the President to attend
and to preside at all meetings of the Association and of the
Board of Trustees. He shall enforce the due observance of
the Articles of Incorporation and the bylaws and see that the
Officers properly perform the duties assigned to them. He
shall sign all checks issued by the Treasurer and all other
papers which require his signature. He shall be a member of
all committees except the Aid Committee and he shall exercise
careful supervision over the affairs of the Association. He
shall receive such salary as may be fixed from time to time
by the Board of Trustees, subject to approval of the
Association, and payable from the Special Fund of the
Association.
Section 2. It shall be the duty of the Vice President to
perform the duties of the President in his absence. In the
absences of both the President and the Vice President, it
shall be the duty of the Association to elect a President Pro
Tern, who shall perform the duties incident to the office.
Section 3. It shall be the duty of the Secretary to keep a
true and accurate record of the proceedings of all meetings
of the Association and of the Board of Trustees. He shall
keep a correct record of all amendments, alterations, and
additions to the Articles of Incorporation or the bylaws in a
separate book from the minute books of the Association. He
shall cause due notice of all special meetings of the
Association of the Board of Trustees to be given. He shall
keep a roll of membership, with the date of joining,
resignation, discharge, leaves of absence, dues and
assessments paid, and relief or pensions furnished. His
books shall at all times be open to inspection by the Board
of Trustees. He shall sign all orders for payment issued to
the Treasurer, and jointly with the Treasurer, prepare and
file all reports and statements required by law. He shall
receive such salary as may be fixed from time to time by the
Board of Trustees, subject to approval of the Association,
and payable from the Special Fund of the Association.
Section 4. It shall be the duty of the Treasurer to receive
all funds belonging to the Association. He shall keep
separate and distinct accounts of the Special and General
Funds, and shall prepare and present to the Board of Trustees
a full and detailed statement of the assets and liabilities
of each fund at each meeting of the Board of Trustees, and
prior to the annual meeting of the Association. Failing in
his obligations, he may be impeached from office and/or
expelled from the Association. He shall deliver to his
successor in office, or to any committee appointed by the
Board of Trustees to receive the same, all moneys, books,
papers, and other items pertaining to his office immediately
upon the expiration of his term of office. Prior to entering
upon the duties of his office, he shall give a bond in such
amount and with such sureties as may be required and approved
by the Board of Trustees, conditioned upon the faithful
discharge of his trust and the faithful performance of the
duties of his office, to be paid for from the Special Fund of
the Association. Jointly with the Secretary, he shall
prepare and file all reports and statements required by law.
He shall receive such salary as may be fixed by the Board of
Trustees from time to time, subject to approval of the
Association, and payable from the Special Fund of the
Association.
Section 5. There shall be an Aid Committee, composed of the
Vice President and two other members of the Association, who
may not be members of the Board of Trustees, appointed by the
President. The Vice President shall be the chairman of this
committee. The duty of the committee shall be to make
provisions for assistance to be rendered to each sick or
disabled member, and to the survivors of any deceased member.
ARTICLE IV
Meetings
Section 1. The annual meeting of the Association, for the
election of Trustees and other business, shall be held on the
second Thursday in February, immediately following the Fire
Department's business meeting.
Section 2. The Board of Trustees shall meet at least 6 times
during each year (minimum of six).
Section 3. Special meetings of the Association or of the
Board of Trustees may be called by the President, or two
members of the Board of Trustees, and shall also be called
upon written request of six or more members of the Association. Members and trustees shall be notified by the
Secretary of such special meetings, and the object of the
meeting shall be contained in such notice.
Section 4. A majority of the Board of Trustees then in
office, and thirty (30) percent of all members of the
Association shall constitute a quorum for the transaction of
business at their respective meetings. Less than a quorum
may adjourn a meeting to a future time, which the Secretary
shall make known to the affected members.
Section 5. All reports and resolutions shall be submitted in
writing and no report shall be accepted unless it is the
report of a majority of a committee, provided, however, that
a minority shall be permitted to present its views in
writing.
Section 6. All meetings of the general membership shall be
conducted according to Robert's Rules of Order, as revised.
Section 7. The Order of Business at meetings of the general
membership shall be:
1. Call to order
2. Roll call
3. Reading of minutes of previous meetings
4. Reading of reports and minutes of Board of Trustees'
meetings
5. Reports of Officers
6. Propositions for membership
7. Reports of special committees
8. Unfinished business
9. Election of Officers or Trustees (annual meeting)
10. New business
11. Adjournment
ARTICLE V
Funds
Section 1. The funds received by this Association from dues,
fines, application fees, entertainments and other
miscellaneous sources shall be kept in the General Fund of
the Association, on the books of the Secretary and the
Treasurer, and may be disbursed for any purpose reasonable
related to the welfare of the Association or its members, as
authorized by a majority of the members present and voting at
any annual or special meeting of the members.
Section 2. All funds received by the Association from any
tax sources, and all funds or property donated or granted to
the Association for the benefit of this fund shall be kept at
a Special Fund on the books of the Secretary and the
Treasurer and shall not be disbursed for any purpose except
those specifically authorized by law.
Section 3. No disbursement of funds of this Association
shall be made except by checks drawn by the Treasurer and
countersigned by the President. Except when issued for
salaries, pensions, and other fixed charges, the exact amount
of which has previously been determined and authorized by the
Board of Trustees (or members, in case of disbursement from
the General Fund) no check shall be issued until the claim to
which it relates has been approved by the Board of Trustees.
Section 4. All money belonging to this Association shall be
deposited to the credit of this Association in such banks,
trust companies, savings and loan assocations or other
depositories as the Board of Trustees may designate.
ARTICLE VI
Application for Benefits
Section I. All applications for relief or pension benefits
shall be made in writing on forms furnished by the Secretary.
Section 2. All applications for disability benefits shall be
submitted to the Board of Trustees at a regular or special
meeting of the board. The application shall be accompanied
by a certificate from the attending physician or surgeon
setting forth the nature of the illness or injury, the cause
and duration thereof, the length of time the applicant has
been unable to perform any of the duties connected with his
regular occupation and those of a Fire fighter, and an
estimate of the time at which the applicant will be able to
(
return to his regular occupation and to perform the du
t
i
e
s
o
f
a Fire fighter.
Section 3. All applications for pensions shall be su
b
m
i
t
t
e
d
to the Board of Trustees at a regular or special mee
t
i
n
g
o
f
the board. Applications shall be verified by an oath
o
f
t
h
e
applicant and shall state the age of the applicant, the
period (or periods) of service, the date of retirement from
active duty in the Eden Prairie Fire Department, the
l
e
n
g
t
h
of time he has been a member of the Association, a
n
d
s
u
c
h
other information as the Board of Trustees may require.
Section 4. No benefits or pensions shall be paid until the application thereof has been approved by a majority vote of
the Board Trustees. Decisions of the board shall be fi
n
a
l
a
s
to the payment of such benefits or pensions. No
o
t
h
e
r
benefits shall be paid to or on behalf of any member w
h
o
h
a
s
received a service pension.
ARTICLE VII
Death Benefits and Pensions
Section 1. In the event of the death of a member
p
r
i
o
r
t
o
retirement, the surviving spouse, if any, shall be pa
i
d
u
n
t
i
l
death or remarriage, the sum of $15.00 per month of e
a
c
h
y
e
a
r
of active service performed by such member in t
h
e
E
d
e
n
Prairie Fire Department to a maximum of $450.00 per
m
o
n
t
h
.
If such member leaves a surviving child or chil
d
r
e
n
i
n
addition to a spouse, such child or children,
i
n
t
h
e
aggregate, shall be paid monthly an additional $7
.
5
0
p
e
r
month for each year of active service performed
b
e
t
h
e
member, to a maximum of $225.00 per month. If such m
e
m
b
e
r
i
s
survived only by a child or children, the Associatio
n
s
h
a
l
l
pay monthly, or toward the support of such child or c
h
i
l
d
r
e
n
,
the sum of $22.50 per month for each year of active service
performed by the member, to a maximum of $675.00 per
m
o
n
t
h
.
Such payment to or on behalf of surviving children
s
h
a
l
l
cease when the youngest child reaches the age of eigh
t
e
e
n
o
r
in the case of any children who further their educati
o
n
,
t
h
e
last child graduates, quits school, reaches the
a
g
e
o
f
twenty-two, or fails to provide proof of educa
t
i
o
n
a
l
eligibility. Such payment to or on behalf of
surviving children will also cease when the last child eligible for
benefits marries. Any child furthering their educati
o
n
a
n
d
wishing to qualify for benefits must produce annual
l
y
,
i
n
person and to the satisfaction of the Eden Prairi
e
F
i
r
e
Department Relief Association Board of Trustees proo
f
s
a
i
d
child is a full time student in a college or trade scho
o
l
.
Section 2. When a member has retained membership in the
Association for at least ten years, and has serv
e
d
a
s
a
n
active Fire fighter in the Eden Prairie Fire Departm
e
n
t
f
o
r
a
least ten years or more, and has reached the age of
f
i
f
t
y
years or more, he/she shall have the option to be paid a
monthly sum based on the vested amount of service time he/she
has accrued, or when the said member has retained membership
in the Association for at least fifteen years, and has served
as an active Fire fighter in the said Fire Department for at
least fifteen years or more, and has reached the age of fifty
years or more, a lump sum of 100 times the vested monthly
payment he/she is entitled to at the time of retirement may
be paid said member. The monthly payment is determined by
taking $22.50 per month for each year of active service
performed by the member to a maximum of $675.00, and
multiplying it times the vested percentage due him/her at the
time of retirement. A Fire fighter is 50% vested when he/she
has met the ten year commitment mentioned above. The vested
interest will be increased by 6% per year until the Fire
fighter has reached fifteen years; from fifteen years to
twenty years, the vested interest will increase by 4% to a
maximum of 100% (consult the table below for actual figures).
Once the one time sum is paid, no additional claims can be
made against the said Fire Department's Relief Association.
Furthermore, all changes to the monthly amounts paid retired
Fire fighters, shall be applied to all members currently
collecting benefits (this only applies to monthly payments,
not lump sums). The following table will outline the monthly
and lump sum payments as stated above.
YEARS OF PERCENT VESTED VESTED
ELIGIBILITY VESTED MONTHLY PAYMENT LUMP SUM PAYMENT
10
50
112.50
0
11
56
138.60
0
12
62
167.40 0
13
68
198.90
0
14
74
233.10
0
15
80
270.00
27,000
16
84
302.40
30,240
17
88
336.60
33,660
18
92
372.60
37,260
19
96
410.40
41,040
20
100
450.00
45,000
21
100
472.50 47,250
22
100
495.00 49,500
23
100
517.50
51,750
24
100
540.00 54,000
25
100
562.50
56,250
26
100
585.00
58,500
27
100
607.50
60,750
28
100
630.00
63,000
29
100
652.50
65,250
30
100
675.00 67,500
Section 3. The pension payable to the surviving spouse of a
member collecting pension benefits shall not exceed two
thirds of the monthly amount to which such member would have
been entitled at age fifty (only monthly amounts are
collectable by survivors of members collection pensions). If
such a member is survived by a child or children, the total
monthly pension payable to all survivors shall not exceed the
amount to which such member would have been entitled at age
fifty. Such payment to or on behalf of surviving children
shall cease when the youngest child reaches the age of
eighteen, or in the case of any children who further their
education, the last child who graduates, quits school,
reaches the age of twenty-two, or fails to provide proof of
educational eligibility. Such payment to or on behalf of
surviving children will also cease when the last child
eligible for benefits marries. Any child furthering their
education and wishing to qualify for benefits must produce
annually, in person and to the satisfaction of the Eden
Prairie Fire Department Relief Association Board of Trustees,
proof said child is a full time student in a college or trade
school. A member who is on the pension roll shall not be
eligible for any disability benefits as provided for in
ARTICLE VII of these bylaws.
Section 4. For the purpose of determining eligibility for
relief, the surviving spouse of a member must have been
married to the member for at least one year prior to the
member's retirement. The surviving spouse of a retired
member who is receiving a pension or who is on a deferred
status shall be paid monthly, until death or remarriage, two
thirds of the amount to which the member was entitled before
death.
Section 5. For purposes of computing benefits or pensions
payable under ARTICLES VII and VIII a "year of service" shall
be defined as a period of 12 full months of active duty in
the Eden Prairie Fire Department beginning on the date when
the member became an active Fire fighter in said Fire
Department. If a member's period of active service has not
been continuous, parts of years may be added together to
compute full years. An active Fire Fighter is defined as a
probationary or regular member of the Eden Prairie Fire
Department
Section 6. Monthly benefits payable to a retired member or
survivors shall be increased to the amount provided for by
any increase which will be payable to a future recipient in
the same classification (only monthly benefits will be passed
on the members collecting; lump sum payment increases are not
to be passed on). It should also be noted that any increase
in benefits will take effect one month following the approval
of the City Council.
ARTICLE IX
Amendments
Section 1. The bylaws of this Association may be amended at
any regular or special meeting thereof by a favorable vote of
two thirds of the total membership present and voting,
provided that a quorum is present, the revisions have been
reviewed by the Association's Board of Trustees, and provided
further that notice of any proposed amendment or amendments
shall be given by reading the same at a regular or special
meeting not more than thirty-one days next preceding that
upon which such amendment or amendments are acted upon, and
that a notice be mailed to each member at his last known
address not less than ten days prior to such meeting, and
provided further, that approval of the City Council of Eden
Prairie is obtained before such changes may take effect.
These bylaws were adopted by the membership on this 14th day
of November, 1985, and upon approval of the City Council of
Eden Prairie, will supercede all prior bylaws of this
Association.
Rick Deaton, President
Tom Wilson, Secretary
These bylaws were approved by the City Council of Eden
Prairie on this 7th day of October, 1986.
John Frane, City Clerk
October 6, 1987
TO:
Eden Prairie City Council Members
FROM:
Doug Andrews
SUBJECT: Relief Association Bylaws Changes
The following are the membership approved bylaws changes.
Article I, Section 3
Trustees and members of the Association must be "members in
good standing" with the Fire Department. Any suspensions in
accordance with the Fire Department Bylaws will not count as
time in figuring retirement benefits for said Firefighter in
the Relief Association.
To clarify the fact that if a Firefighter is suspended
for disciplinary reasons from the Fire Department, that
time will not count towards their retirement benefits.
This will make our stand on this issue similar to the
Bylaws of the Department.
Artiele I, Section 4
All retired members of the Association will have voting
rights in the Association's meetings. They will also be
notified of all membership meetings. Notices will be sent
to their last known address.
Since our retired members have an interest in what goes
on in the Relief Association, it is only fitting that
they be entitled to vote on all matters at our
meetings.
Article II, Section 1
One of the six elected members on the Board of Trustees must
be a retired member receiving a monthly pension who is
elected by the membership of the Relief Association. If
there is not a retired member to fill the position of
Trustee, then that position may be filled by a current
member.
As our Bylaws stand currently, we have no provision for
allowing a retired member on the Board. The State
statute reads, " the Bylaws of a Relief Association may
provide that one of the six trustees elected from the
Relief Association may be a retired member receiving a
monthly pension who is elected by the membership of the
Relief Association". The membership would like to have
a retired member on the Board (assuming someone wants
to take the position).
Article II, Section 2
If a vacancy of a Trustee position occurs, either a current
or retired member, that position will be filled by election
from the membership within 31 days of becoming vacant. Any
Trustee elected would serve the length of term remaining for
that position. The position of Trustee to be served by a
retired member as stated in Article II, Section 1, must be
elected by the membership and can not be appointed or held
by a current member that is retiring without first being
elected by the membership.
To clarify what action will be taken in the event of a
vacancy on the Board of Trustees. The old Bylaws
allowed the current Board to elect someone to fill the
vacancy. This change will allow the membership to have
a say in replacing the vacated position.
Article II, Section 4
Any Trustee who is placed on suspension from, or asked to
leave the Fire Department, shall forfeit their position on
the Board. It will be up to the determination of the Board
of Trustees as to whether that position will be held up for
election, or the suspended member allowed to return after
completion of their suspension.
Again, to ensure that the Trustees abide by the
Department Bylaws, and if unable to, they should not be
allowed to hold a position of authority on the Board of
Trustees for the Relief Association. This also allows
the same disciplinary actions for the Fire Department
and the Relief Association, which makes these actions
easier to enforce.
Article IV, Section 1
The annual meeting of the Association, for the election of
Trustees and other business, shall he held on the second
Thursday in February, immediately following the Fire
Department's Business meeting.
This will allow us to conduct our business on a night
when most of the Firefighters are already at the Fire
Station, instead of a Tuesday night, when we have a
hard time getting people to attend.
Article IV, Section 4
A majority of the Board of Trustees then in office, and
thirty (30) percent of all members of the Association shall
constitute a quorum for the transaction of business at their
respective meetings.
Article I, Section I (add to existing article)
However, this age limitation shall not apply on any
application for reinstatement in the Association, pending
the approval of the Board of Trustees.
Since we have a few Firefighters that want to rejoin,
we need to have a stipulation as far as reinstatement
is concerned.
0
October 6, 1987
TO: Eden Prair e City Council Members
FROM: Doug Andrews
SUBJECT: Relief Association Bylaws Changes
The following are the membership approved bylaws changes.
Article I, Section 3
Trustees and members of the Association must be "members in
good standing" with the Fire Department. Any suspensions in
accordance with the Fire Department Bylaws will not count as
time in figuring retirement benefits for said Firefighter in
the Relief Association.
To clarify the fact that if a Firefighter is suspended
for disciplinary reasons from the Fire Department, that
time will not count towards their retirement benefits.
This will make our stand on this issue similar to the
Bylaws of the Department.
Article 1, Section 4
All retired members of the Association will have voting
rights in the Association's meetings. They will also be
notified of all membership meetings. Notices will be sent
to their last known address.
Since our retired members have an interest in what goes
on in the Relief Association, it is only fitting that
they he entitled to vote on all matters at our
meetings.
Article IT, Section 1
One of the six elected members on the Board of Trustees must
be a retired member receiving a monthly pension who is
elected by the membership of the Relief Association. If
there is not a retired member to fill the position of
Trustee, then that position may he filled by a current
member.
As our Bylaws stand currently, we have no provision for
allowing a retired member on the Board. The State
statute reads, " the Bylaws of a Relief Association may
provide that one of the six trustees elected from the
Relief Association may be a retired member receiving a
monthly pension who is elected by the membership of the
Relief Association". The membership would like to have
a retired member on the Board (assuming someone wants
to take the position).
Article II, Section 2
If a vacancy of a Trustee position occurs, either a current
or retired member, that position will be filled by election
from the membership within 31 days of becoming vacant. Any
Trustee elected would serve the length of term remaining for
that position. The position of Trustee to be served by a
retired member as stated in Article II, Section 1, must be
elected by the membership and can not be appointed or held
by a current member that is retiring without first being
elected by the membership.
To clarify what action will be taken in the event of a
vacancy on the Board of Trustees. The old Bylaws
allowed the current Board to elect someone to fill the
vacancy. This change will allow the membership to have
a say in replacing the vacated position.
Article II, Section 4
Any Trustee who is placed on suspension from, or asked to
leave the Fire Department, shall forfeit their position on
the Board. It will he up to the determination of the Board
of Trustees as to whether that position will be held up for
election, or the suspended member allowed to return after
completion of their suspension.
Again, to ensure that the Trustees abide by the
Department Bylaws, and if unable to, they should not be
allowed to hold a position of authority on the Board of
Trustees for the Relief Association. This also allows
the same disciplinary actions for the Fire Department
and the Relief Association, which makes these actions
easier to enforce.
Article TV, Sect ion 1
The annual meeting of the Association, for the election of
Trust e es and other business, shall he held on the second
Thursday in February, immediately following the Fire
Department's Business meeting.
This will allow us to conduct our business on a night
when most of the Firefighters are already at the Fire
Station, instead of a Tuesday night, when we have a
hard time getting people to attend.
Article IV, Section 4
A majority of the Board of Trustees then in office, and
thirty (30) percent of all members of the Association shall
constitute a quorum for the transaction of business at their
respective meetings.
Article I, Section I (add to existing article)
However, this age limitation shall not apply on any
application for reinstatement in the Association, pending
the approval of the Board of Trustees.
Since we have a few Firefighters that want to rejoin,
we need to have a stipulation as far as reinstatement
is concerned.
TO: MAYOR & COUNCIL MEMBERS
FROM: JOHN FRANE
DATE: OCTOBER 1, 1987
RE: MIDB'S FOR CROWN AUTO
The city issued MIDA's for Crown Auto in the amount of $1,345,000
in 1972. The company wished to call the bonds and refinance using
conventional financing. In order to secure the original bond issue,
Crown Auto gave the city title to the property with the understanding
that we would give back title when the bonds were paid. Resolution
87-278 authorizes this transaction.
PROPOSED RESOLUTION FOR
ADOPTION BY CITY COUNCIL,
CITY OF EDEN PRAIRIE
(Crown Auto, Inc. Exercise of Option to Purchase)
WHEREAS, by a lease (the "Lease") dated as of November 1,
1972, the Village (now City) of Eden Prairie leased to Crown Auto
Stores, inc. (the "Tenant") the Leased Land described in the Lease
and Exhibit A thereto, together with the Buildings and the Leased
Equipment described in the Lease, for a term commencing as of the
date of the Lease and extending to November 1, 1993, unless sooner
terminated as provided in the Lease; and
WHEREAS, the cost of acquisition and construction of the
Project, as described in the Lease was financed by the issuance
and sale of the Bonds described in the Lease; and
WHEREAS, pursuant to Section 8.01 of the Lease, the Tenant
has assigned its interest in the Lease to Crown Auto, Inc., a
Minnesota corporation (the "Assignee") by an assignment of lease
(the "Assignment") dated September 30, 1987; and
WHEREAS, pursuant to Section 8.07(5) of the Lease, the
Assignee has given written notice to the City and to the Trustee
described in the Lease of its exercise of the option to purchase
the City's title and interest in the Project and of its intention
to deposit with the Trustee the sum of One Dollar ($1.00) plus a
sum of cash sufficient, when added to the amounts on deposit in
the Funds of the Trustee and available for this purpose, to pay
the items described in Subsections (2)(A) and (2)(B) of Section
8.07 of the Lease at the next permissible redemption date, namely,
November 1, 1987;
NOW, THEREFORE, it is hereby:
RESOLVED, that upon compliance by the Assignee with all of
the applicable provisions of the Lease and of the Indenture
described in the Lease relating to exercise of the option to
purchase the City's title and interest in the Project, the Mayor
and City Manager are hereby authorized and directed, on behalf of
the City, to execute and deliver all documents and to take such
actions as are specified in, or contemplated by, Section 8.07 of
the Lease, including, but not limited to, the limited warranty
deed and bill of sale described in Section 8.07(7) of the Lease,
and to cause the Trustee to deliver a release of the Indenture.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-279
RESOLUTION AUTHORIZING THAT AMENDMENT NO. 1
TO THE JOINT COOPERATION AGREEMENT,
COUNTY CONTRACT NO. 70466 BE APPROVED
WHEREAS, the City of Eden Prairie, Minnesota and the County
o
f
H
e
n
n
e
p
i
n
h
a
v
e
executed a Joint Cooperation Agreement, County Contract No. 7046
6
,
f
o
r
t
h
e
p
u
r
p
o
s
e
s
of qualifying as a Urban County under the United States Depart
m
e
n
t
o
f
h
o
u
s
i
n
g
a
n
d
Urban Development Community Development Block Grant program for
F
i
s
c
a
l
Y
e
a
r
s
1
9
8
8
,
1989, and 1990.
BE IT RESOLVED, that Amendment No. 1 to the Joint Cooperation
A
g
r
e
e
m
e
n
t
,
C
o
u
n
t
y
Contract No. 70466 be approved, and that the Mayor and the City
C
l
e
r
k
b
e
a
u
t
h
o
r
i
z
e
d
to sign Amendment No. 1 on behalf of the City.
ADOPTED by the Eden Prairie City Council on October 6, 1987.
Gary D. Peterson, Mayor
SEAL
ATTEST:
John D. Frane, Clerk
The question was on the adoption of the resolution, and upon a
v
o
t
e
b
e
i
n
g
d
u
l
y
t
a
k
e
n
thereon, the following voted in favor thereof:
and,
the following voted against the same:
- CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 87-266
RESOLUTION APPROVING 1988 SPECIAL ASSESSMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and heard and passed upon all objections in the proposed
assessments for the following improvements to wit:
(See Exhibit A attached)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE:
1. Such proposed assessments are hereby accepted and shall constitute
the special assessment against the lands in the final assessment
rolls, and each tract of land therein included is hereby found to be
benefitted by the improvement in the amount of the assessment levied
against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of years as shown on Exhibit A. Installments
shall bear interest at the rates shown on Exhibit A, commencing
January 1, 1988. No interest shall be charged if the entire
assessment is paid on or before November 15, 1987.
3. The Clerk shall forthwith transmit a certified duplicate of this
assessment to the County Auditor to be extended on the property tax
lists of the County, and such assessments shall be collected and paid
over in the same manner as other municipal taxes beginning in 1988.
4. It is hereby declared to be the intention of the Council to reimburse
itself in the future for the portion of the cost of this improvement
paid for from municipal funds by levying additional assessments, on
notice and hearing as provided for the assessments herein made, upon
any properties abutting on the improvements but not herein assessed
for the improvement when changed conditions relating to such
properties make such assessment feasible.
5. The assessment data of Resolution No. 87-225 is herein revised in
accordance with Exhibit A attached hereto.
ADOPTED BY THE Eden Prairie City Council on September 8, 1987, September 15,
1987, and October 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
INT. 1993
1988 I.C.# PID#
RATE YEARS $AMOUNT
(SAMOUNT)
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51- 27 2
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
09-116-22-14-0008
09-116-22-14-0009
09-116-22-14-0010
09-116-22-14 0011
09-116-22-41-0018
09-116-22-41-0019
09-116-22-41-0020
09-116-22-41-0021
09-116-22-41-0022
09-116-22-41-0023
09-116-22-41-0024
09-116-22-41-0025
09-116-22-41-0026
09-116-22-41-0027
09-116-22-41-0027
09-116-22-41-0028
09-116-22-41-0029
09-116-22-41-0030
09-116-22-41-0031
09-116-22-41-0032
09-116-22-41-0033
09-116-22-41-0034
09-116-22-41-0035
09-116-22-41-0036
09-116-22-41-0037
09-116-22-41-0038
09-116-22-41-0039
09-116-22-41-0040
09-116-22-41-0041
09-116-22-41-0043
09-116-22-41-0044
09-116-22-41-0045
09-116-22-41-0046
09-116-22-41-0047
09-116-22-41-0048
09-116-22-41-0049
09-116-22-41-0050
09-116-22-41-0051
09-116-22-41-0052
09-116-22-41-0053
09-116-22-41-0054
09-116-22-41-0055
09-116-22-41-0056
09-116-22-41-0057
09-116-22-41-0058
09-116-22-41-0059
09-116-22-41-0060
44.39
44.39
44.39
44.39
44.39
44.39
44.39
44.39
44.39
44.39
44.39
44.39
44.39
44.39
44.39
44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
8
20
8
20
8
20
A
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
1
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
5 1-2 72
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
5 1-2 72
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
51-272
09-116-22-41-0061
09-116-22-41-0062
09-116-22-41-0063
09-116-22-41-0064
09-116-22-41-0065
09-116-22-41-0066
09-116-22-41-0080
09-116-22-41-0081
09- 116- 22-41-0082
09-116-22-41-0083
09-116-22-41-0084
09-116-22-41-0085
09-116-22-41-0086
09-116-22-41-0087
09-116-22-41-0088
09-116-22-41-0089
09-116-22-41-0090
09-116-22-41-0091
09-116-22-41-0092
09-116-22-41-0093
09-116-22-41-0094
09-116-22-41-0095
09-116-22-41-0096
09-116-22-41-0097
09-116-22-41-0098
09-116-22-41-0099
09-116-22-41-0100
09-116-22-41-0101
09-116-22-41-0102
09-116-22-41-0103
09-116-22-41-0104
09-116-22-41-0105
09-116-22-41-0106
09-116-22-41-0107
09-116-22-41-0110
09-116-22-41-0111
09-116-22-41-0112
09-116-22-41-0113
09-116-22-41-0114
09-11 6-22-41 -0115
09-116-22-41-0116
09-116-22-41-0117
09-116-22-41-0118
09-116-22-41-0119
09-116-22-41-0120
09-116-22-41-0121
09-116-22-41-0122
09-116-22-41-0123
09-116-22-41-0124
09-116-22-41-0125
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 0-.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
$ 44.39
2
51-272 09-116-22-41-0126
20
$ 44.39
51-272 09-116-22-41-0127
20
$ 44.39
51-272 09-116-22-41-0128
20
$ 44.39
51-272 09-116-22-41-0129
20
$ 44.39
51-272 09-116-22-41-0130
20
$ 44.39
51-272 09-116-22-41-0131
20
$ 44.39
51-272
09-116-22-41-0132
20
$ 44.39
51-272 09-116-22-41-0133
20
$ 44.39
51-272 09-116-22-41-0134
20
$ 44.39
51-272 09-116-22-41-0135
20
$ 44.39
51-272 09-116-22-41-0136
20
$ 44.39
51-272 09-116-22-41-0137
20
$ 44.39
51-272 09-116-22-41-0138
20
$ 44.39
51-272 09-116-22-41-0139
20
$ 44.39
51-272
09-116-22-41-0140
20
$ 44.39
51-272 09-116-22-41-0141
20
$ 44.39
51-272 09-116-22-41-0142
20
$ 44.39
51-272 09-116-22-41-0143 20
$ 44.39
51-272
09-116-22-41-0144
20
$ 44.39
51-272 09-116-22-41-0145
20
$ 44.39
51-272 09-116-22-41-0146 20
$ 44.39
51-272
09-116-22-41-0147 20
$ 44.39
51-272
09-116-22-41-0148 20
$ 44.39
51-272
09-116-22-41-0149 20
$ 44.39
51-272 09-116-22-41-0150 20
$ 44.38
3
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-271
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive
Municipal Plan ("Plan"); and,
WHEREAS, the Plan has been submitted to the Metropolitan Council for review
and comment; and,
WHEREAS, the proposal of M. Austin Smith & Leo T. Furcht, for development of
Eden Prairie Auto Mall for Regional Commercial use requires the amendment of the
Plan;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie,
Minnesota, hereby proposes the amendment of the Plan as follows: 15.3 acres located
south of Prairie Center Drive, east of Joiner Way be modified from Neighborhood
Commercial to Regional Commercial.
ADOPTED by the City Council of Eden Prairie this 6th day of October, 1987.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-272
A RESOLUTION APPROVING THE EDEN PRAIRIE AUTO MALL
PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT
TO THE OVERALL PRESERVE COMMERCIAL PARK PLANNED UNIT DEVELOPMENT
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for
the Planned Unit Development (PUD) of certain areas located within the City; and,
WHEREAS, the Eden Prairie Auto mall development is considered a proper
amendment to the overall Preserve Commercial Park Planned Unit Development Concept;
and,
WHEREAS, the City Planning Commission did conduct a public hearing on the
request of M. Austin Smith & Leo T. Furcht for PUD Concept Amendment approval to the
overall Preserve Commercial Park Planned Unit Development Concept for the Eden
Prairie Auto Mall development and recommended approval of the PUD Concept Amendment
to the City Council; and,
WHEREAS, the City Council did consider the request on October 6, 1987;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Eden Prairie Auto Mall development PUD Concept Amendment, being
in Hennepin County, Minnesota, and legally described as outlined in
Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant RID Concept Amendment approval to
the overall Preserve Commercial Park Planned Unit Development
Concept as outlined in the application materials for the Eden
Prairie Auto Mall.
3. That the PUD Concept Amendment meets the recommendations of the
Planning Commission dated September 28, 1987.
ADOPTED by the City Council of Eden Prairie this 6th day of October, 1987.
Gary D. Peterson, Mayor
ATTEST:
John O. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #87-273
RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE AUTO MALL FOR
M. AUSTIN SMITH AND LEO T. FURCHT
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of the Eden Prairie Auto Mall for M. Austin Smith and Leo
T. Furcht, dated September 1, 1987, .consisting of 4.84 acres into one lot and one
outlot, a copy of which is on file at the City Hall, is found to be in conformance
with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 6th day of October, 1987.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
4. Preliminary Plat of 4.84 acres
Background
This is a continued item from the
September 11, 1987, Planning Com-
mission meeting. The Planning Com-
mission recommended that the de-
velopment plans be returned to the
proponent for revisions including:
PROPOSED SITE it
1
AREA LOCATION MAP
STAFF REPORT
Planning Commission
Michael D. Franzen, Senior Planner
Chris Enger, Director of Planning
September 25, 1987
Eden Prairie Auto Mall
South of Prairie Center Drive, east of Joiner Way
M. Austin Smith and Leo T. Furcht
The Preserve
1. Comprehensive Guide Plan Amendment from Neighborhood
Commercial to Regional Commercial on 15.3 acres. (City-
initiated change)
2. Planned Unit Development Concept Amendment on 23.6 acres.
3. Zoning District Change from Rural to C-Regional-Service on
2.58 acres with variances to be reviewed by the Board of
Appeals.
TO:
FROM:
717(WITUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT:
FEE OWNER:
REOUEST:
Eden Prairie Auto Mall 2 September 25, 1987
1. Building elevations which screen the overhead doors.
2. Modified site plan which provides for landscaping within
t
h
e
p
a
r
k
i
n
g
l
o
t
i
n
front of the building.
3. Improve internal circulation and provision of appropria
t
e
s
t
a
c
k
i
n
g
f
o
r
t
h
e
car wash.
4. Submittal of a detailed signage program.
5. Provision of lighting details for the canopy.
6. A modified site plan which provided for protective bollar
d
s
i
n
f
r
o
n
t
o
f
t
h
e
overhead doors.
Revi sions
1. Building, elevations which screen the overhead doors.
The building elevations have been revised to provide a t
e
n
-
f
o
o
t
w
i
d
e
c
a
n
o
p
y
tapering to five feet across the front elevation and
a
n
e
i
g
h
t
-
f
o
o
t
w
i
d
e
canopy tapering to four feet across the rear elevation.
2. Modified site plan which provides for landscaping with
i
n
t
h
e
p
a
r
k
i
n
g
l
o
t
i
n
rorT-7—t of the buiffing.
The landscape plan has been revised to provide a ten-
f
o
o
t
l
i
n
e
a
r
p
l
a
n
t
i
n
g
strip and large planting islands which contain overstor
y
s
h
a
d
e
t
r
e
e
s
w
i
t
h
i
n
the parking lot.
3. Improve internal circulation and provision of appropri
a
t
e
s
t
a
c
k
i
n
g
f
o
r
t
h
e
car wash.
The plan has been revised to provide a minimum of thre
e
s
t
a
c
k
i
n
g
s
p
a
c
e
s
i
n
front of the entrance to the car wash. In addition, th
e
r
e
a
r
e
p
r
o
t
e
c
t
i
v
e
concrete islands which delineate these stacking areas fr
o
m
t
h
e
p
e
r
m
a
n
e
n
t
parking spaces. There will be an area designated behi
n
d
t
h
e
b
u
i
l
d
i
n
g
f
o
r
drying of the vehicles after they have been washed.
4. Submittal of a detailed signage program.
The proponents have agreed to the following signage cri
t
e
r
i
a
w
h
i
c
h
w
o
u
l
d
include individual, internally lit, letters of a consi
s
t
e
n
t
s
i
z
e
,
s
t
y
l
e
,
proportion, and color. A signage plan with details shoul
d
b
e
p
r
o
v
i
d
e
d
p
r
i
o
r
to City Council review.
5. Provision of lighting details for the canopy.
The proponents have agreed to the provision of recessed
d
o
w
n
c
a
s
t
l
i
g
h
t
i
n
g
under the canopy. The 20-foot high lights in the parking
l
o
t
s
h
o
u
l
d
m
a
t
c
h
with Goodyear Tire and Rocky Rococco.
6. A modified site plan which provided for protective bolla
r
d
s
i
n
f
r
o
n
t
o
f
t
h
e
overhead doors.
The proponents have provided a detailed site plan dep
i
c
t
i
n
g
a
c
o
n
c
r
e
t
e
bollard in front of the overhead garage doors to matc
h
t
h
e
c
o
n
c
r
e
t
e
b
a
n
d
around the top of the building.
Eden Prairie Auto Mall 3 September 25, 1987
STAFF RECOMMENDATIONS
The Planning Staff would recorrmend approval of the Comprehensive Guide Plan
C
h
a
n
g
e
from Regional Commercial to Neighborhood Commercial, Planned Unit Dev
e
l
o
p
m
e
n
t
Concept Amendment, Zoning District Change from Rural to C-Regional-Servi
c
e
a
n
d
a
Preliminary Plat of 4.84 acres into one lot and one outlot based upon t
h
e
S
t
a
f
f
Reports dated September 25, 1987, and September 11, 1987, and based upo
n
r
e
v
i
s
e
d
plans dated September 25, 1987, and subject to the following conditions:
1. Since this project is part of an overall Cormiercial Planned Unit
Development, the brick should be the same color as the brick on the Rocky
Rococco and Goodyear Tire. The glass used for the overhead garage door area
should be opaque. The color of the glass should be architecturally integral
with the colors proposed for the brick and cement plaster on the building.
3. Concurrent with building construction, proponent shall construct a five-foot
wide concrete sidewalk along the south side of Prairie Center Drive and
along the east side of Joiner Way.
4. Receive approval from the Board of Appeals and Adjustments for a parking
variance.
5. Prior to City Council review, proponent shall provide samples of proposed
exterior materials and signage details for Staff review.
6. Prior to Final Plat approval, proponent shall:
A. Submit detailed storm water run-off and erosion control plans for
review by the City Engineer.
B. Provide detailed storm water run-off and erosion control plans for
review by the Watershed District.
7. Prior to Building permit issuance, proponent shall:
A. Notify the City and Watershed District at least 48 hours in advance
of grading.
B. Pay the appropriate Cash Park Fee.
C. Provide plans for review by the Fire Marshal.
D. Submit samples of all proposed exterior materials.
E. Provide the overall lighting program with details for review.
.41 45,IZ AREA LOCATION MAP
STAFF REPORT
TO:
FROM:
WiR-15UGH:
DATE:
PROJECT:
LOCATION:
APPLICANT:
FEE OWNER:
REQUEST:
Planning Corrnission
Michael D. Franzen, Senior Planner
Chris Enger, Director of Planning
September 11, 1987
Eden Prairie Auto Mall
South of Prairie Center Drive, east of Joiner Way
M. Austin Smith and Leo T. Furcht
The Preserve
1. Comprehensive Guide Plan Amendment from Neighborhood Comercial to Regional Commercial on 15.3 acres. (City
-
initiated change)
2. Planned Unit Development Concept Amendment on 23.6 acres.
3. Zoning District Change from Rural to C-Regional-Service o
n
2.58 acres, with variances to be reviewed by the Board o
f
Appeal s.
4. Preliminary Plat of 4.84 acres into one lot and one outlot.
Land Use
Concurrent with this project, Staff
is initiating a request for
Comprehensive Guide Plan Change from
Neighborhood Commercial to Regional
Commercial for approximately 15.93
acres of land (see Attachment A).
Because of its location on Highway
#169 and proximity to the Eden
Prairie Shopping Center, a regional
commercial designation for this area
would be more appropriate than
neighborhood commercial. Attachment
B indicates the approved 1974 PUG
which depicted regional service
commercial, office, medical, and residential land uses for the
property. In addition, the existing
Rocky Rococco Restaurant and Good-
year Tire store are more ap-
propriately classified as Regional
Eden Prairie Auto Mall 2 September 11, 1987
Commercial since they can be supporting commercial use to the Eden Prairie Shopping
Center.
Immediately south of this proposed change to Regional Commercial, approximately ten
acres would remain guided Neighborhood Commercial. This area is still appropriate
for Neighborhood Commercial because of its proximity to the adjoining residential
land uses. Future commercial should he of an appropriate scale and residential in
character to be compatible with the adjoining neighborhoods.
Although approximately 16 acres of Neighborhood Commercial land would be converted
to Regional Commercial, over the last four years approximately 20 acres of
Neighborhood Commercial has been added to the balance of commercial uses in the
community.
The proponents are requesting a zoning district change from rural to commercial
regional service which would be the same zoning as Goodyear Tire and Rocky Rococco.
Commercial regional service would also be an appropriate zoning district in a
Commercial Regional guided area.
An auto mall use of this type and design can have an impact on existing and future
land uses due to the orientation of the building with eleven overhead garage doors
visible on the north and south sides of the building. The lack of transition and
screening of overhead doors per Code may precipitate requests for similar type of
uses on adjacent undeveloped land and make it difficult for office and residential
uses, as approved in the 1974 PUD, to be built as proposed.
Site Plan
The site plan involves the construction of a one-story, 18,800 square foot auto mall
at a Floor Area Ratio (FAR) of 0.16. For commercial regional service zoning, the
Code would allow a maximum of 0.02 FAR. The building and parking areas meet the
required minimum setbacks per Code.
Parking for this building, based on 18,800 square feet of Gross Floor Area (GFA),
would be 113 parking spaces. A total of 92 actual parking spaces will be provided
on-site. The proponent will be asking for a 21 parking space variance from the
Board of Appeals. The attached letters from future tenants in the buildings
indicate their respective parking needs. Using these numbers, plus a parking
requirement of 8 spaces per 1,000 for the retail sales portion of the building, may
suggest a need for a total of 80 parking spaces on-site.
Access
The attached 1974 PUD indicated a future road connection from Medcom Boulevard to
Franlo Road. Right-of-way through the Preserve Commercial Park plat has previously
been dedicated to the City. Dedication of right-of-way to the east of this site
would likely occur concurrent with development of the parcels along the west side of
Franlo Road. If the City Council would consider a public improvement project for
the upgrading of Franlo Road, it may be appropriate at that time to have this road
connection made.
Architecture
Overhead garage doors dominate the front and rear sides of the building. The
Eden Prairie Auto Mall 3 September 11, 1987
architect has indicated that the building will incorporate ele
m
e
n
t
s
t
h
a
t
a
r
e
characteristic of automobiles abstractly within the design to conve
y
a
n
"
a
u
t
o
u
s
e
"
.
This type of architecture is meant to emphasize the type of use, w
h
i
c
h
m
a
y
m
a
k
e
long-term leasing of the building, for uses other than auto rel
a
t
e
d
,
d
i
f
f
i
c
u
l
t
.
Extreme examples of making the building look like what it does,
w
h
i
c
h
w
e
r
e
n
o
t
generally appreciated in the 1950's and 1960's, were Happy Chef, Mc
D
o
n
a
l
d
s
*
a
r
c
h
e
s
,
White Castle, and the Quarterback Club in the shape of a football.
The attached Car Care Center guidelines were drafted to help pot
e
n
t
i
a
l
a
u
t
o
u
s
e
developers design their project to meet expectations of the Planning C
o
m
m
i
s
s
i
o
n
a
n
d
City Council. These guidelines suggest that the buildings shoul
d
h
a
v
e
a
r
e
t
a
i
l
shopping mall character and the overhead doors should be orient
e
d
may from adjoining roadways. This building does not have the appearance of a
s
h
o
p
p
i
n
g
m
a
l
l
and eleven overhead garage doors on both the north and south buildin
g
e
l
e
v
a
t
i
o
n
s
a
r
e
visible from Highway #169 and Joiner Way, and therefore not consiste
n
t
w
i
t
h
t
h
e
C
a
r
Care Center guidelines. In addition, overhead garage doors are loadi
n
g
a
r
e
a
s
w
h
i
c
h
are required to be screened (by Code) from public roads, adjoining st
r
e
e
t
f
r
o
n
t
a
g
e
s
,
and differing land uses.
The building is proposed to be constructed out of facebrick, cement, a
n
d
a
l
u
m
i
n
u
m
.
The amount of facebrick and glass does not meet the minimum 75% requir
e
m
e
n
t
p
e
r
C
i
t
y
Code. Since this project is part of an overall commercial PUD, the b
r
i
c
k
s
h
o
u
l
d
b
e
the same color as the brick on Rocky Rococco and Goodyear Tire.
There will be no rooftop mechanical units since all units will be con
t
a
i
n
e
d
w
i
t
h
i
n
the building.
Signage is proposed to be located above the overhead garage doors
o
n
t
h
e
c
e
m
e
n
t
plaster panel. As proposed, the signs are to be individually affi
x
e
d
l
e
t
t
e
r
s
o
f
uniform height and proportion. In order to avoid a "hodge-podge"
o
f
c
o
l
o
r
s
a
n
d
styles, the signage program should also include a uniform style and co
l
o
r
.
Screening/Landscaping
City Code would require the screening of loading facilities to a he
i
g
h
t
a
n
d
s
i
z
e
o
f
the area for which the screening is required. In this situation
,
t
h
e
o
v
e
r
h
e
a
d
doors, berth for the vehicles, and manuevering areas would require
s
c
r
e
e
n
i
n
g
.
T
h
e
plan proposes to screen the overhead doors with berming and plantin
g
s
.
A
r
e
v
i
e
w
o
f
this indicates that the doors are not screened according to City Cod
e
.
With the Goodyear Tire store, Staff thought the overhead door scr
e
e
n
i
n
g
p
r
o
b
l
e
m
could be "fixed" with site details including fence, plantings, and
b
e
r
m
i
n
g
.
T
h
e
Council felt a "site planning" solution, which oriented the overhead
d
o
o
r
s
may from Highway #169, would be a more effective screening solution.
The landscape plan, as proposed, meets the minimum caliper inch r
e
q
u
i
r
e
m
e
n
t
p
e
r
Code.
Utilities
Sewer and water service is available immediately adjacent to the
s
i
t
e
a
n
d
J
o
i
n
e
r
Way.
Storm water run-off is proposed to sheet drain across the parking l
o
t
i
n
t
o
a
s
e
r
i
e
s
Eden Prairie Auto Mall 4 September 11, 1987
of catch basins. From this site, water must flow in a southeasterly direction to
the existing pond. The developer is proposing a storm sewer easement across the
adjoining property. However, no specific details have been indicated as to the type
of storm drainage improvement that would be necessary.
Pedestrian Systems
The plan, as proposed, depicts a five-foot wide concrete sidewalk along the south
side of Prairie Center Drive. The sidewalk will be part of an overall sidewalk
system along the perimeter of Prairie Center Drive. Since the project is part of a
mixed use PhD (including residential), and since traffic in commercial areas are
generally heavy, there should be a five-foot wide concrete sidewalk along the east
side of Joiner Way.
Conclusions
The plan, as proposed, does not meet the City Code requirements for screening and
the project is not consistent with the Car Care Center guidelines. The Commission
must decide if the project as proposed, is acceptable, and if not, whether the
project could be changed to meet the City Code requirements and be consistent with
the Car Care guidelines. This could be accomplished through site plan changes,
architectural changes, and use changes.
The site plan could be revised to provide a greater setback area within which berm
heights could be raised to more effectively screen parking. Since the site plan is
tight and the proponent is already asking for a parking variance, a revised site
plan would probably require a reduction in building square footage with a
corresponding reduction in the number of parking spaces in order to provide more
green area. The building architecture could be changed to orient the overhead doors
away from public roadways and differing land uses and could be designed to
incorporate more charactistics of typical retail shopping malls. The building usage
could be changed to incorporate more uses that do not require overhead doors. In
addition, the transmission shop proposed for this facility would be more
appropriately located in an industrial park. Changes to integrate other types of
associated commercial would be alternative uses of the building for other retail as
the market shifts in the future.
STAFF RECOMMENDATIONS
The following are alternatives for Planning Commission consideration:
1. If the Planning Commission feels that the site plan, as proposed, is not the
best site plan for the property, one option would be to recommend denial of
the project as submitted.
2. If the Planning Commission feels that the site plan, as proposed, is not the
best site plan for the property but could be improved with revisions in the
building architecture and the site plan, which would orient the overhead
doors away from the roadway system and design the building to have the
appearance of a retail shopping mall, then one option would be to return the
development plans to the proponent for revision and continue the item for 30
days.
Staff recommends Alternative #2.
,r)
EXISTING
GUIDE PLAN
DESIGNATION
PROPOSED
GUIDE PLAN
DESIGNATION
attachment A
CITY OFFICES i 7600 EXECUTIVE DRIVE / EDEN PRAIRIE, MN 55344-2499 i TELEPHONE (612)937-2262
GUIDELINES
CM CARE CENTERS
1. LAND USE
Car Care Centers are most appropriate as Regional Corrmercial uses near, or
associated with, discount centers in the Major Center Area.
Centers should incorporate other corrplimentary uses such as restaurants and
quick-stop retail shopping.
Centers should not include such heavy re-manufacturing uses such as radiator
shops, body shops, and transmission shops. These and other similar uses are
more appropriate in an industrial park.
Centers should be designed with flexibility, not only to integrate other
types of associated cormiercial uses at the outset, but to allow alternative
uses of the building for other retail as the market shifts.
2. SITE PLAN
The site plan should be one of the major elements utilized to orient the
overhead doors away from public roadways and differing adjacent land use.
Access should be good. Visibility good.
No outside storage.
Parking areas screened.
Landscaping must be according to City Code.
Sidewalks should be planned to link the building with City sidewalks
and other uses.
3. ARCHITECTURE
Exterior material of building must be brick, glass, stone, or better
for 75% of building. Trim material may be factory finished metal,
wood, stucco, or architecturally textured concrete units.
Signs must be integrated into architecture of building, should be
uniform in size, placement, and design. No rooftop signs allowed.
Building should be designed to de-emphasize the overhead doors.
Overhead doors must be of an opaque material.
Color of building should be compatible with the adjacent
development.
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20
QC3`•:,
'1
Commercial Real Estate Development and Investment
AUSTIN COMPANIES
August 18, 1987
Mr. Mike Franzen
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
RE: Eden Prairie Auto Mall
Dear Mr. Franzen:
Enclosed herewith are letters from the tenants for the Eden
Prairie Auto Mall regarding their parking needs. Our offices
have worked with the tenants before and we place a lot of trust
and confidence in them. As you will see by these letters, the
demand for parking is minimal based on the fact that the service
bays substitute for parking stalls and the services offered are
quick. We are currently negotiating with NAPA for the auto parts
space. As soon as a lease is signed, we will direct them to
evaluate their parking requirements and forward a letter
reflecting same. At that point, the mall wouldbe 100% leased.
Sincerely,
M. Austin Smith
MAS/sb
Enclosure V 51 PLANNING MP
SEP - 1 1987
CITY OF
EDEN PRAIRIE
322 Union Plaza • 333 Washington Avenue North • Minneapolis, Minnesota 55401 • (612) 349-2751
I
AUSTIN COMPANIES
August 18, 1987
Mr. Mike Franzen
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
RE: American Way Car Wash
Dear Mr. Franzen:
Our company will be operating the self service car wash. We own
two other similar type facilities and based on their operations,
the customers use 10 to 12 parking stalls besides occupying the
bays. We will have one full-time employee on the premises and
he/she will occupy one parking stall. It should be noted that
our operation uses automatic doors and that the overhead doors
will only be open to let cars in and out of the facility.
If you have any questions regarding this operation, please feel
free to call.
Sincerely,
M. Austin Smith
MAS/sb
Commercial Real Estate Development and Investment
322 Union Plaza • 333 Washington Avenue North • Minneapolis, Minnesota 55401 • (612) 349-2751
August 17, 1987
auto AUViCe center/
Mr. Mike Franzen
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mr. Franzen:
Tires Plus has entered into a lease with Mark Smith for the
EDEN PRAIRIE AUTO MALL. Mr. Smith has requested that our offices
direct this letter to you regarding our parking needs for the
proposed development. In the operation of our existing 15 stores,
we use on an average seven parking stalls for customers besides
filling the six service bays. The majority of our customers wait
for their cars while their tires are mounted. However, our
marketing approach is such that this wait should not exceed
30 minutes. We will also require five parking stalls for our
employees.
We look forward to doing business in EDEN PRAIRIE. If you have
any questions regarding this matter, please do not hesitate to
call me at 894-2700.
Brian D. Lynch
Franchise Development Manager
cc: Mark Smith
p
.1` EDEN PRAIRIE
III TRANSMISSION
August 6, 1987
Mr. Mike Franzen
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mr. Franzen:
Eden Prairie Transmission is looking into the possibility of moving into
a new auto service center to be constructed just east of Youngstad's on
Prairie Center Drive. Mark Smith, the developer, has asked me to provide
you with information regarding my business and its operation.
I started Eden Prairie Transmission in 1980 after having worked for
Kennedy Transmission for three years. I have been located in the same
complex on 72nd and Washington since that time. I am starting my eighth year
in business. My present location has two service stalls with hoists and room
for one additional vehicle and I employ two full-time service technicians in
addition to myself. The business has grown each year and I could handle
more cars for servicing if I had additional space. This is remarkable,
considering the fact that our business typically requires high visibility,
and I am in a location that is not visible from the street.
Regarding the proposed new location, it is my belief that business will
increase conservatively by 30% because of the efficiencies in design, in
layout, the addition of more servicing stalls, and the high visibility and
profile that the center will present. Certainly the traffic count on Prairie
Center Drive will be substantially more than my present location. I would
expect that including myself, we would have between four and five employees
at the new location. At full capacity, I would estimate that we would need
a total of 15 outside parking stalls, which includes employee parking.
I am very excited about the possibility of relocating my business to this new
auto mall. As a business owner and resident of Eden Prairie, I feel that this
type of amenity would be very beneficial to the community, as well as the
people whom it will serve. Please do not hesitate to call me if I can be
of any further assistance to you regarding this project.
Sincerely,
Thomas R. Carlson
President
C/yo
cc: Mark Smith
Jim Eisler
(612)941-0057
7222W3shingtonAenueSouth • Minneapolis, Minnesota 55344
Thank you very kindly.
_2 SiO7q#ely .
Johnson
mdroiestopeNc
August 5, 1987
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
TO WHOM IT MAY CONCERN:
Precision Tune will be a tenant in the proposed Auto Mall.
We have eleven stores open in the Metropolitan Minneapolis/
St. Paul area. There are approximately 370 stores open
across the country.
In reference to parking requirements, with our bays full,
we generally have no more than four to five cars waiting.
Our business is strictly a cash and carry. No cars are
left over night. We do plus or minus twenty cars a day.
We do not really have any peak hours. It is a steady
flow all day.
DCJ:ej
AuInontod Ares Fr/inches.,
9803ValleyViewRoad•EdenPrairie,Minnesota553 44
Telephono(612)941.9370
EDEN PRAIRIE PLANNING CCMMISSION
Mbnday, September 14, 1987
City Council Chambers
7:30 p.m.
MENUS PRESENT: Richard Anderson, Julianne Bye, Christine Dodge,
Douglas Fell, Robert Hallett, Charles Ruebling
MEMBERS ABSENT: Chairman Ed Schuck
STAFF PRESENT: Michael Franzen, Senior Planner; Ann Kenyon, Recording
Secretary
Pledge of Allegiance - Roll Call
I. APPROVAL OF AGENDA
MOTION:
Motion was made and seconded to approve the agenda as printed.
Motion carried 6-0-0
II. ME1i3ERS REPORTS
None.
III. MINUTES
Motion was made and seconded to approve the minutes of the August
24, 1987 Planning Commission meeting with the following corrections:
Page 6, Motion 1/2, #3, #4, the vote should read "3-2-0 (Schuck and
Dodge against)".
Motion carried 5-0-1 (Bye abstained).
IV. DEVELOPMENT PROPOSALS
A. EDEN PRAJRIE;AUTO MALL, by IL Austin Smith & Lao T. FUrcht.
Request for Comprehensive Guide Plan Amendment from Neighbohood Commercial to Regional Commercial on 15.3 acres, Planned Unit
Development Concept Amendment on 23.6 acres, Zoning District
Change from Rural to C-Reg-Service on 2.58 acres, with
variances to be reviewed by the Board of Appeals and
Preliminary Plat of 4.84 acres into one lot and one outlot.
Location: South of Prairie Center Drive, east of Joiner Way.
A public hearing.
I
Planning Commission Minutes -2- September 14, 1987
Planner Franzen referred to the Staff Report and stated that the
proponents are requesting a Comprehensive Guide Plan Change from
neighborhood commercial to regional cotarercial for approximately 15.93
acres of land. He introduced Jeff Carlston, architect for the auto mall,
who reviewed the proposed development with the Omission explaining that
they have tried to create the image of a shopping mall rather than an
auto mall. The construction involves a one story 18,000 square foot auto
mall with 92 parking spaces on site. An 8-foot canopy will be used to
screen the overhead doors in the back and a 10-foot canopy in the front.
Fell expressed concern with the internal circulation and stacking for the
car wash. The proponent explained that there would be three stacking
spots in front of the doors. Bye asked Where cars stack after washing.
The proponent answered, behind the building.
Dodge asked if the transmission operation is not allowed, what is to
prevent a radio shop or body Shop coming in? Franzen said that new uses
are reviewed at time of permit issuance and staff would determine if a
use is allowed before a permit is issued.
Ruebling expressed concern about the amount of hard surface area in the
parking lot, especially in front of the building and asked how the site
plan could be modified to incorporate more green space. Franzen
responded that large planting islands or a linear planting strip could be
incorporated into the plan. Connissioner Anderson asked about the
signage program for the building. The proponent indicated that signage
would be individual, internally lighted letters of a consistent height,
size, color and style.
Fell asked about pedestrians leaving their car for service and walking to
the Eden Prairie Center and how they get across the road. Franzen stated
that after Lund's is built, there will be a sidewalk on Prairie Center
Drive with Prairie Center and Preserve Boulevard to be signalized in the
future. Fell said he would like to see canopy lighting details,
expressing concern for minimizing glare.
Hallett asked if the Omission wanted the car wash stacking addressed at
the next meeting. It was also decided that the lighting, stacking and
circulation, signage, protective ballards in front, and landscaping
should be addressed at the next meeting.
Bye asked if Staff was in agreement with this project coming back after
the discussion a few weeks ago on continuances.
Franzen answered that since a solution on screening is acceptable to the
developer and the Commission and only details remain, then continuance
and publishing would be acceptable in this case. If on the other hand no
solutions were identifed or agreed on, then a 30-day continuance with no
publishing would be appropriate.
Hallett asked for comments from the audience. There were none.
,
Planning Commission Minutes -3- September 14, 1987
NOTION
Notion was made by Bye, seconded by Anderson, to continue this item to
the September 28th meeting and direct Staff to publish this item for
October 6th meeting. Motion carried 6-0-0.
V. OLD BUSINESS
Hallett said he would like to find a way in which the Commission would not put the Staff on the spot at the Planning Commission
meetings. Staff is sometimes caught in the middle on many issues. Bye suggested if the Planning Commission is not comfortable with an
issue, they should say so and not refer this bad( to the Staff for
comment.
Ruebling inquired about the status of the joint meeting. Franzen
suggested that the Planning Commission may wish to consider
preparing a "wish" list of the topics that could be brought up for
discussion at the joint meeting with the City Council. Topics might
include steep slopes, parking decks, cul de sacs, etc.
Ruebling asked if it would be appropriate for the Commission to
discuss policy issues and forward their thoughts to the Council.
Franzen responsed that since policies are normally developed based
on Council direction, it would seem appropriate to identify issues
for the Council and have them decide whether or not to direct
Commission and Staff to work on issues and policies. Franzen added
that Staff is already working on revisions to the sloped ground
ordinance and have contacted several communities about parking
decks.
Hallett suggested the request from the Planning Commission for
direction on certain issues be forwarded to the City Council. He
also suggested that the City Council could bring up items that they
would like to discuss with the Planning Commission. He suggested
that a discussion on policy issues be placed on an upcoming
Commission agenda.
Motion was made by Bye, seconded by Anderson, that potential
planning issues be placed on the agenda for the October 13th
Planning Commission meeting.
Motion carried 6-0-0.
VI. NEW BUSINESS
Hallett asked About the APA meeting on land use law with the
Minnesota Chapter of Certified Planners and expressed interest in
hearing from the Staff on this meeting.
TO:
MAYOR & COUNCIL MEMBERS
FROM: JOHN FRAME
DATE: OCTOBER 1, 1987
RE:
PRIAIRE VILLAGE APARTMENTS HOUSING REVENUE BONDS $5,750,000
RESOLUTION 87-277
The purpose of the hearing is to hear a request for a substitution of
developers from Roger Derrick to Century Capital Group. All other
parts of the project would remain the same. The attached gives the
background of Century Capital Group.
II. THE BUSINESS
A. HISTORY. Century Capital Group Ltd. (CCG), 240 Algoma Bl
v
d
.
,
O
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,
Wisconsin, is a real estate investment banking fi
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tions in 1978 and is owned by its founders, Wayn
e
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.
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Jungbacker. On July 1, 1987, the firm will
c
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a
Wisconsin corporation under the name Century Cap
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same ownership. Prior to that date, CCG operated
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quality real estate investment opportunities, con
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complexes, shopping centers, industrial wareho
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located primarily in the State of Wisconsin. The
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compensation by sharing with the investor based
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the performance of the properties. From that b
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series of decisions relating to putting in place
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individually and collectively, developed the fir
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In mind.
In 1980, the firm created its own property manage
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under the name of Century Management Group Ltd. (C
M
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.
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manages all of CCG's properties and employs ov
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involved in maintaining and managing individual pr
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Prier to 1984, the general partners, Wayne
C
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tacting potential investors. As the firm grew in
s
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the necessity of creating an entity to handle the
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A licensed broker/dealer firm, operating under th
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Ltd., was formed and a marketing team assemble
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resources of broker/dealer and financial pla
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decided to wholesale to the existing broker/dea
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staff of company representatives. Under this app
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compete with its broker/dealer network; the c
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geographic and socioeconomic coverage; and CCG li
m
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by eliminating the need for a large, in-house r
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tion.
CCG and its partnerships employ over 140 individu
a
l
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p
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o
f
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e
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estate investment activity.
The company's organization chart, displayed
h
e
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e
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,
s
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s
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a
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t
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e
operating departments include acquisitions and d
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,
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administration, property management, legal, fi
n
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E
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department is headed up by a Vice President
w
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7
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management level experience in his area of speci
a
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.
8. DISTINCTIVE FEATURES OF CCG. CCG is unique in the real estate invest-
ment banking field in that it has features whi
c
h
,
i
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d
i
v
i
d
u
a
l
l
y
,
s
e
t
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firm apart, and collectively demonstrate that
C
C
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o
f
philosophy, people, and results. The distinctive
f
e
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s
a
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:
-4-
I) ACQUIRING PROPERTY PRINCIPALLY IN WISCONSIN. CCG concentrates
its acquisition and management function primarily on Wisconsin
real estate. The company has confidence in the Wisconsin real
estate marketplace and its stable social and economic pattern.
The state is not subjected to the erratic economic fluctuations
that are present in other geographic sections of the country, and
its economy is based on the triad of industry, farming, and
tourism. Wisconsin has a reputation of having a strong work
ethic, part of which is demonstrated in the quality of the
trades. Many quality real estate projects exist in Wisconsin and
CCG knows those projects, studies them thoroughly, understands
the marketplace, and can negotiate a solid economic transaction
when acquiring investment grade real estate on behalf of its
investors. Concentrating the firm's acquisition efforts in
Wisconsin has two additional benefits. First, the broker-dealer
community selling the company's investment opportunities to the
general public can become familiar with the real estate as part
of an important education process prior to selling retail.
Second, the individual or institutional investor can more easily
visit the property, either before making the investment decision
or as part of the pride of ownership in the real estate after
investing.
Concentrating on Wisconsin allows CCG and its key executives to
participate along with its property management staff in the con-
tinuous monitoring and observing of the operation of its proper-
ties. Due to the close proximity of these properties, this
"hands on" relationship between people and bricks and mortar is
enhanced and is a meaningful part of the quality control efforts
of the firm.
2) FOCUS ON LARGE INSTITUTIONAL GRADE PROPERTIES. CCG focuses its
operations on larger institutional grade real estate, including
apartment complexes, commercial distribution centers (industrial
warehouses), office buildings and shopping centers. This assures
that the properties acquired represent competitive real estate
opportunities with good cash flow and strong opportunity for
appreciation. An additional benefit results from establishing
expertise in four major types of real estate. The firm can
quickly adjust to market conditions and bring on stream in a
timely fashion the type of real estate products that will meet
with the market acceptance that has become a trademark of the
firm. This focusing will pay additional benefits now that the
Federal Tax Code has been substantially revised. Tax reform will
put a premium on the ability to add value to existing properties.
CCG knows and understands the market for the types of properties
it acquires and how to enhance the value of those properties
through aggressive management, physical plant enhancement, energy
efficiency upgrade, and monitoring of potential competition.
3) HUMAN RESOURCES. CCG has assembled an exceptional group of men
and women with substantial experience and the required educa-
-5-
tional backgrounds to perform the many diverse functions within
the company. High quality expertise in investment analysis,
acquisition, legal, accounting, securities, property management,
marketing, finance, and development are richly in evidence within
the firm. The specific backgrounds of certain key individuals is
set forth in the Management section of this book.
4) MARKETING FOCUS. CCG made an early decision, contrary to much of
its competition, not to compete in the retail market with the
broker/dealers and financial planners that sell its products to
tne public. Recently, the growth of CCG's Wisconsin competitors
has been stymied at least partially due to their decision to com-
pete with broker/dealers with their own retail sales force. On
the other hand, CCG has experienced a 60% sales growth in 1986.
In addition, a decision has been made to focus marketing efforts
in the Upper Midwest for the next five years.
These basic marketing decisions have proven to be sound as the
firm is currently experiencing unparalleled success in its
marketing effort. Marketing details are set forth in the section
entitled Marketing Plan.
5) ENHANCING VALUE OF REAL ESTATE. CCG prides itself on its ability
to apply its expertise to enhancing the value of real estate that
is acquired on behalf of its investors. This enhancement of
value often results from a "turn around situation" by increasing
income and/or lowering costs on the property. Solid, experienced
hands-on management leads to these results. Set forth below are
some examples.
a. CCG acquired in 1979 through its Century Investment Fund II
program a 120 unit garden apartment project known as
Virginia Village Apartments in Appleton, Wisconsin. This
project was originally built with electric baseboard heat
and electric domestic hot water systems which did not pro-
vide adequate comfort to the tenants and proved to be very
expensive to operate. CCG initiated the following energy
related project changes to generate positive value enhan-
cement:
1) Installation of patio storm doors, interior storm win-
dow units, air conditioner covers and the doubling of
attic insulation, resulting in substantial reductions
for tenant paid monthly heating bills. This allowed
the partnership to increase apartment rental rates by
S12.00 per month while not increasing the overall
tenant unit occupancy costs.
2) Installation of low wattage high pressure sodium
exterior and fluorescent interior common area lighting
and the conversion of the electric domestic hot water
-6 -
heating system to a natural gas-fired hot water heating
system (which is landlord paid), resulting in a 40%
reduction in combined gas and utility expenses.
These efforts, in addition to others, have resulted in gross
project rental income increasing from $240,000 annualized
upon acquisition to $440,000 annualized in the summer of
1986. This represents an annual compounded increase of 11%.
Operating expenses during the same period increased at a
level half as great as the increase in project operating
income, resulting in a $100,000 increase to the net
operating income of the project. Capitalized at 9%, this
represents an increase in project value of over $1,100,000.
Total limited partner equity contributions in the program
were $330,000.
b. COG acquired in 1981 through its Century Shopping Center
Fund I program a 125,000 square foot community shopping
center located in Rhinelander, Wisconsin. Upon
acquisition, the project was approximately 20% vacant with
occupancy by many weak local, non-credit tenants.
The project currently is 100% leased with the addition of
several national credit tenants, including Sears, True
Value Hardware, Kindy Optical, and Glassrock Industries.
Additional on-site project enhancement was accomplished by
redesigning traffic flow in the parking lot and adding
substantial new landscaping. Net operating income has
increased by over $70,000 during the five year ownership
period. This has substantially enhanced the value of the
limited partner's original $450,000 equity contribution to
the program.
C. In 1980 and 1981, CCG acquired two apartment projects in
Appleton and Green Bay, Wisconsin that were in foreclosure
and suffering from substantial deferred maintenance. These
projects were approximately 50% occupied upon acquisition.
CCG engaged in a capital improvements program that totaled
nearly a half million dollars for the 336 apartment units
involved. This increased the occupancy of both apartment
complexes over a six month period from 50% to 95% while at
the same time increasing the street rents on the units over
25% during the rehabilitation process. Average occupancy
since that date has been approximately 95%.
C. INVOLVING OUTSIDE EXPERTS ON THE CCG TEAM. CCG is proud of the exper-
tise within the company. However, the firm fully realizes the value of
working in tandem with outside experts in many areas, including law,
accounting, financing and appraisal. Set forth below are some of those
relationships.
-7-
1) LEGAL. The primary law firm used by CCG is Quarles and Brady
which is the second largest law firm in Wisconsin with offices
in Milwaukee and Madison. The lead partner in coordinating the
outside legal work of CCG is a former Wisconsin Commissioner of
Securities.
2) ACCOUNTING. The lead accounting firm for CCG is the national
accounting firm of Ernst & Whinney. Ernst & Whinney brings to
CCG accounting, management and marketing expertise.
3) FINANCIAL. The main banking relationship of CCG is with First
Wisconsin National Bank of Milwaukee, the largest commercial bank
in Wisconsin.
4) APPRAISAL. CCG works closely with a number of professional
appraisers, all of whom have the highest professional designa-
tions. The firms doing the largest amount of work for CCG are
Barnard & Associates, MA) of Green Bay, Wisconsin, Landmark
Realty of Madison, Wisconsin and Paul VandeVeld of Milwaukee,
Wisconsin.
5) PROPERTY MANAGEMENT. Gene Chamberlain Associates, a nationally
recognized property management consulting firm located in Dallas,
Texas, is working with CCG to increase the performance of all
management personnel.
D. DIVERSITY OF REAL ESTATE EXPERTISE. Included in CCG's many strengths
is the diversity in the services it offers to investors. By December 1986
the firm had formed 28 limited partnerships consisting of two public
offerings and 26 private offerings. These partnerships have invested in
1,400,000 s.f. of newly constructed industrial warehouse facilities,
approximately 700,000 s.f. of shopping centers, 2,700 apartment units and
70,000 s.f. of office space. Over 900 individuals, financial institutions
and pension and profit sharing plans have invested in excess of $32,000,000
in CCG sponsored investment programs.
The diversity in our programs is a function of recognizing opportunities.
The firm identified the greater Green Bay metropolitan area early for
major growth potential based on an analysis of demoraphics and long-term
corporation and transportation trends. Seizing on that knowledge, the firm
has made many apartment acquisitions in the Green Bay market thereby making
the firm the largest landlord in Green Bay. Similarly, CCG saw an oppor-
tunity in the greater Milwaukee area regarding the acquisition of shopping
centers. This opportunity was based on a large and stable but growing
population base and identifiable shopping patterns. It has acquired four
shopping centers in that area.
Prior to 1985, a majority of the real estate investment opportunities
offered by CCG were tax shelter programs, but always with a substantial
emphasis on sound economics. In anticipation of the tax changes which
recently became law, CCG began producing and marketing income partnerships
and joint ventures only. The record sales year in 1986 indicates that our
product selection is meeting good market acceptance.
-8-
There will continue to be a strong demand for the type of income oriented
real estate investment opportunities currently being offered by CCG. CCG
products are currently leveraged at an average of 3 to 1 and provide annual
tax-sheltered cash distributions of between 9% and 11%.
E. JOINT VENTURE OPPORTUNITIES. CCG has demonstrated its ability to
engage in joint ventures with institutional clients that have an ability to
engage in quick action and imaginative financing. In 1984 CCG entered into
a joint venture with an affiliate of the First Boston Corporation to
acquire a 406 unit apartment project known as Dutchman's Creek in Green
Bay, Wisconsin. The owner of the property had declared bankruptcy and thus
was not able to continue effective management. CCG with a joint venture
partner acquired this project, recast and refinanced its long-term debt in
1985 through a creative mortgage defeasance procedure, and now owns and
operates the project pursuant to the original goals and objectives of the
joint venture business plan. This joint venture demonstrates CCG's abi-
lity to seize upon opportunities that exist in the marketplace that require
a sophisticated management team to assess the investment merits of a
program and formulate a business plan to acquire the asset and manage the
asset to maximize profit.
F. FACILITIES AND EQUIPMENT. Wayne C. Chaney in 1982 recognized the
demand for class A office/condominium space with adequate parking in down-
town Oshkosh, Wisconsin, and as developer purchased a 30,000 square foot
former high school building that had been vacant for over twenty years.
Financing consisted of Industrial Revenue Bonds totaling $1.1 million and
a $200,000 second mortgage at 8% from the City of Oshkosh. The entire
building was sold to three condominium buyer/users prior to completion of
construction. The project has been successful in many respects. It has
won awards as a Historic Rehabilitation and for landscaping and has
exceeded profit projections for the developers. The combination of
historic rehab tax credits, favorable financing, and energy efficient
construction provides CCG, which purchased the entire second floor of the
building, with some of the finest office space available in the City of
Oshkosh at an annual operating cost of $8.00 per square foot, including
utilities and maintenance. This cost per square foot is 30% less than
charged by other providers of office space of equal quality in Oshkosh.
CCG moved into the building in December, 1984. The space had been specifi-
cally designed for CCG's use and should be adequate to handle the projected
growth of CCG for the next five years.
Office furniture and equipment, including a comprehensive computer hard-
ware and software system, were purchased and installed in December, 1984.
The computer equipment and the accounting department space is adequate to
permit CCG to increase the property owned and managed threefold with nomi-
nal expense.
G. INVESTOR SERVICES. CCG prides itself on maintaining a solid rela-
tionship with its investor clients. Each investor receives the following
communications each year: quarterly or semi-annual partnership reports and
annual audited financial statements accompanied by a written discussion of
-9-
partnership operations for the previous year. There is also an annual
meeting held at CCG company headquarters for each partnership. A copy of
every investor communication is sent to the representative that sold the
company product to the investor.
H. CCG MILESTONES.
1) FOUNDING OF THE COMPANY. CCG was founded in 1978 by Wayne C.
Chaney and J. Peter Jungbacker for the purpose of providing a
vehicle to allow public and institutional investors to invest in
investment grade Wisconsin real estate.
2) CMG FORMED IN 1981. As the real estate portfolio of CCG
increased, it became apparent that maximization of asset values
required in-house property management. CMG was established in
1981 to provide property management services for all CCG proper-
ties.
3) FIRST PUBLIC INTRA-STATE PROGRAM OFFERED IN 1983. CCG began
marketing a semi-blind pool offering in 1983, marking the first
time a public offering had been sponsored by the firm. The
program raised over $1,700,000 and acquired two apartment pro-
jects in Wisconsin totaling 194 units.
4) FIRST JOINT VENTURE WITH AN INSTITUTIONAL PARTNER. CCG in late
1984 entered into an agreement with The First Boston Corporation
to acquire Dutchman's Creek Apartments, a 406 unit apartment pro-
ject located in Green Bay, Wisconsin. This marked CCG's first
institutional joint venture program to acquire investment grade
Wisconsin real estate.
5) CREATION OF NASD LICENSED BROKER/DEALER AFFILIATE AND INITIATION
OF BROKER/DEALER SELLING AGREEMENT MARKETING THRUST IN 1985. CCG
accomplished the creation of the third leg of companies needed to
provide a fully integrated firm for the creation, distribution
and management of investment grade real estate by the creation of
C.C.G. Securities under the guidance of Richard R. Malmgren,
former Commissioner of Securities for the State of Wisconsin.
6) $100 MILLION OF ASSETS UNDER MANAGEMENT. Early in 1985, CCG
reached the $100 Million dollar mark of assets under management
through programs sponsored by the firm. The portfolio included a
broad diversified mix of product type, including apartments,
warehouses, office buildings and shopping centers.
7) ELMBROOK PLAZA SHOPPING CENTER ACQUIRED. In late November 1986,
CCG acquired Elmbrook Plaza Shopping Center on behalf of Century
Shopping Center Fund IV, marking the first acquisition of product
after the enactment of the 1986 Tax Reform Act. Marketing of the
limited partnership units for the $1.6 Million offering occurred
after the U.S. Senate passed a tax reform proposal in May, 1986
and during the on-going Congressional debate throughout the
-10-
summer, indicating the ability of CCG to market high cash flow
investment grade real estate products in the post-tax reform
environment.
RESOLUTION NO. C7--177
Councilmember introduced the following
resolution and moved its adoption:
RESOLUTION RELATING TO THE ISSUANCE OF REVENUE
BONDS OR NOTES PURSUANT TO MINNESOTA STATUTES,
CHAPTER 462C, FOR THE PURPOSE OF FINANCING A
MULTIFAMILY HOUSING DEVELOPMENT; CONFIRMING
PRELIMINARY APPROVAL TO THE DEVELOPMENT;
APPROVING THE CHANGE IN IDENTITY OF DEVELOPER;
AND AUTHORIZING NOTIFICATION OF THE MINNESOTA
HOUSING FINANCE AGENCY OF SUCH CHANGE.
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the City), as follows:
Section 1. Recitals
1.01. On October 1, 1985, the City adopted Resolutions
85-224 and 85-225 (the 1985 Resolutions), pursuant to which,
among other things, it (i) adopted multifamily housing programs
for Prairie Village Apartments, Phases I and II (the Programs),
after holding a duly noticed public hearing thereon; (ii)
authorized transmission of the Programs to the Minnesota
Housing Finance Agency; and (iii) preliminarily approved two
bond issues for Prairie Village Apartments, Phases I and II
(herein collectively referred to as the "Projects" or the
"Project"), each in the amount of Two Million Two Hundred
Twenty-six Thousand Dollars ($2,226,000).
1.02. The Programs were submitted by the City to the
Minnesota Housing Finance Agency for review and approval, and
on December 19, 1985, the Board of the Minnesota Housing
Finance Agency adopted Resolution No. MHFA 85-71, which stated
that the Minnesota Housing Finance Agency had failed to reject
the Programs, resulting in approval of the Programs, pursuant
to Minnesota Statutes, Section 462C.04, subd. 2.
1.03. On December 2, 1986, the City adopted Resolution
86-295, pursuant to which, among other things, it gave its
preliminary approval to the issuance of bonds or notes in the
approximate aggregate face amount of Five Million Seven Hundred
Fifty Thousand Dollars ($5,750,000) (the Bonds), to finance a
portion of the costs of Phases I and II of the Project in a
single phase as one Project, subject to the City and the
Applicant agreeing to mutually acceptable terms and conditions
of a loan agreement by December 2, 1987.
1.04. On December 16, 1986, the City adopted Resolution
86-315, pursuant to which, among other things, it approved an
amended multifamily housing program (the Amended Program) and
authorized submission of the Amended Program to the Minnesota
Housing Finance Agency for review and approval.
1.05. On January 19, 1987, the MHFA confirmed that the
Amended Program was reviewed and not rejected, resulting in
approval of the Amended Program.
1.06. A Certificate of Allocation for the Project was
granted by the Minnesota Department of Energy and Economic
Development on December 22, 1986. The expiration date of such
allocation is December 2, 1987. A federal volume allocation
carry forward was filed on December 29, 1986.
1.07. The original developer of the Project, the Prairie
Village Limited Partnership, wishes to convey the Project to a
limited partnership to be formed, whose general partners will
be Wayne C. Chaney, J. Peter Jungbacker, Century Capital Group,
Ltd., and RRM, Incorporated (collectively referred to as
Developer). It is intended that the Program and the Project
will, in all other respects remain substantially the same as
previously approved by the City.
1.08. Under Minnesota Statutes, Chapter 462C, as amended
(the Act), the City is authorized to issue and sell revenue
bonds or obligations to make or purchase loans to finance one
or more multifamily housing developments within its boundaries.
1.09. The Project consists of a multifamily residential
housing development on approximately eight and one-quarter
acres of land to be acquired by the Developer, located just
east of the northeast corner of the intersection of Highway 5
and County Road 4 in the City, composed of 112 apartment units
and other functionally related and subordinate facilities and
the operation of the facilities as a multifamily housing
development under the Act, to be known as Prairie Village
Apartments. Either (i) at least twenty percent (20%) of the
units will be specifically reserved for tenants whose incomes
are no greater than fifty percent (50%) of the area median
income; or (ii) at least forty percent (40%) of the units will
be specifically reserved for tenants whose incomes are no
greater than sixty percent (60%) of the area median income.
Determinations as to whether a unit meets the requirements of
(i) or (ii), above, will include adjustments for family size.
Development and financing costs of the Project are presently
estimated by representatives of the Developer to be
approximately Seven Million Two Hundred Thousand Dollars
($7,200,000).
1.20. Representatives of the Developer have requested that
the City approve the substitution of the Developer for the
Project, issue its Bonds pursuant to the Act, and make a loan
of the proceeds of the sale of the Bonds to the Developer for
the acquisition of land for and the construction and equipping
2.
of the Project, subject to agreement by the Developer, or other
persons or institutions, to promptly pay the principal of,
premium, if any, and interest on the Bonds.
1.11. The City has been advised by representatives of the
Developer that conventional commercial financiny of the costs
of the Project is available only on a limited basis and at such
high costs of borrowing that the economic feasibility of the
Project would be significantly affected, but that with the aid
of municipal financing the Project will be more economically
feasible.
1.12. This Council has been advised by representatives of
The Chicago Corporation, representing the Developer, that on
the basis of information available to them, the Project remains
economically feasible, and the Bonds could be successfully
issued and sold.
1.13. Neither the full faith and credit nor the taxing
powers of the City nor any property of the City will be pledged
to the payment of the Bonds. The Bonds are to be paid solely
from the revenues of the Project.
1.14. The applicant has agreed to pay, directly or through
the City, any and all costs incurred by the City in connection
with the Project, whether or not the Project is carried to
completion, whether or not the Project is approved by the City,
and whether or not the Bonds are executed and issued.
1.15. The adoption of this resolution does not constitute
a guarantee or a firm commitment that the City will issue the
Bonds as requested by the applicant. The City retains the
right in its sole discretion to withdraw from participation and
accordingly not issue the Bonds should the City at any time
prior to the issuance thereof determine that it is in the best
interest of the City not to issue the Bonds or should the
parties to the transaction he unable to reach agreement as to
the terms and conditions of any of the documents required for
the transaction.
1.16. All commitments of the City expressed herein are
subject to the condition that by December 2, 1987, the City and
the applicant shall have agreed to mutually acceptable terms
and conditions of the Loan Agreement pursuant to which the
Developer will agree to pay to the City principal, premium, if
any, and interest on the Bonds, and of the other instruments
and proceedings relating to the Bonds and their issuance and
sale. If the events set forth herein do not take place within
the time set forth above, or any extension thereof, and the
Bonds are not sold wir.hin such time, this resolution shall
expire and be of no further effect.
1.17. Pursuant to the requirements of the Act and Section
147(f) of the Internal Revenue Code of 1986, as amended (the
3.
Code), a public hearing has been held relating to the Amended
Program proposed by the Developer under the Act, including the
proposed issuance of the Bonds or Notes and the substitution of
the Developer for Prairie Village Limited Partnership as the
developer, after proper publication of notice of the public
hearing in accord with the requirements of the Act and the
Code.
Section 2. Approval and Authorization
2.01. It is hereby found and determined based upon the
information presented to this Council by the representatives of
the Developer that it would be in the best interests of the
City to issue the Bonds under the provisions of the Act and the
City's earlier preliminary approval in order to finance costs
to be incurred by the Developer in the acquisition,
construction, and equipping of the described facilities. The
City hereby approves the substitution of the Developer for
Prairie Village Limited Partnership as developer of the Project
and confirms its preliminary approval to the issuance of the
Bonds or Notes in the approximate aggregate face amount of Five
Million Seven Hundred Fifty Thousand Dollars ($5,750,000),
subject to the City, the Developer, and the purchaser of the
Bonds reaching definitive agreement and the provisions for
their payment.
2.02. The Mayor and other officers, employees, and agents
of the City are hereby authorized to notify the Minnesota
Housing Finance Agency of the substitution of the Developer for
Prairie Village Limited Partnership as developer of the Project
and to submit an amended multifamily housing program, if
necessary.
2.03. The City Attorney, the Mayor, the City Manager, and
other officers, employees, and agents of the City are
authorized, in cooperation with bond counsel, to initiate and
continue, the preparation and revision of such documents as may
be appropriate to evidence the change in the identity of the
developer, the terms of all agreements for payment of the
Bonds, and the provisions for payment of the principal of, the
premium, if any, and interest on the Bonds.
Adopted by the City Council of the City of Eden Prairie,
Minnesota, this 6th day of October, 1987.
Mayor
ATTEST:
City Clerk
4.
The Motion for the adoption of the foregoing resolution was
duly seconded by Councilmember , and
upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted
and was signed by the Mayor and attested by the City Clerk.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
I, the undersigned, being the duly qualified and acting
Deputy Clerk of the City of Eden Prairie, Minnesota, hereby
certify that the attached and foregoing is a true and correct
copy of a resolution duly adopted by the City Council of the
City of Eden Prairie at its meeting on the 6th day of October,
1987, as the same is recorded in the minutes of the meeting of
such council for said date, on file and of record in my office.
Dated this day of , 1987.
Deputy Clerk
5.
CAP:A08
OCTOBER 6,1987
33357 VOID OUT CHECK
33587 VOID OUT CHECK
33687 VOID OUT CHECK
347 VOID OUT CHECK
A396 VOID OUT CHECK
37485 VOID OUT CHECK
37540 MINNESOTA COMMUNICATIONS CORP
37541 MN ASSOC OF ASSESSING OFFICERS
37542 MINNESOTA CHAPTER APA
37543 MINNESOTA LANDSCAPE ARBORETUM
37544 MINNESOTA SOCIETY OF ARBORICULTUR
37545 PETTY CASH
37546 BARBARA CARRANE
37547 GEOFFREY FERSTER
37548 DALE HANSON
37549 JERRY PAGANO
37550 BEER WHOLESALERS INC
37551 CAPITOL CITY DISTRIBUTING CO
37552 COCA COLA BOTTLING CO
37553 DAY DISTRIBUTING CO
37554 EAST SIDE BEVERAGE CO
37555 KIRSCH DISTRIBUTING CO
37556 MARK VII SALES
37557 PEPSI/7-UP BOTTLING CO
37558 ED PHILLIPS & SONS CO
37559 ROYAL CROWN BEVERAGE CO
37560 THORPE DISTRIBUTING CO
37561 TWIN CITY HOME JUICE CO
37562 JIM STUKEL
.63 METROPOLITAN COUNCIL
64 TEENERS COSTUMES
37565 AWWA
37566 HENNEPIN TECHNICAL CENTER
37567 FEDERAL RESERVE BANK
37568 COMMISSIONER OF REVENUE
37569 GREAT WEST LIFE ASSURANCE CO
37570 ICMA RETIREMENT CORP
37571 PERA
37572 INTL UNION OF OPERATING ENG
37573 PERA
37574 UNITED WAY OF MPLS
37575 CITY-COUNTY CREDIT UNION
37576 MEDCENTERS HEALTH PLAN INC
37577 PHYSICIANS HEALTH PLAN
37578 SOUTHTOWN PLUMBING INC
37579 NORTHWESTERN BELL TELEPHONE CO
37580 DEPARTMENT OF AGRICULTURE
37581 ICMA CONFERENCE
37582 CAPITOL CITY DISTRIBUTING CO
37583 GRIGGS COOPER & CO INC
37584 EAGLE WINE CO
37585 PRIOR WINE CO
37586 ED PHILLIPS & SONS CO
37587 QUALITY WINE CO
'98 JOHNSON BROS WHOLESALE LIQUOR
SEPTEMBER 87 PAGER SERVICE-FIRE DEPT
CONFERENCE-ASSESSING DEPT
CONFERENCE-CITY MANAGER
SENIOR TRIP TO ARBORETUM/FEES PAID
CONFERENCE-FORESTRY DEPT
SUNBONNET DAYS CHANGE FUND
REFUND-AEROBIC CLASS
REFUND-SWIMMING CLASSES
REFUND-KARATE CLASSES
REFUND-DAY CAMP
BEER
BEER
MIXES
BEER
BEER
BEER
BEER
MIXES
BEER
MIXES
BEER
MIXES
BOUNDARY WATER CANOE TRIP/FEES PAID
CONFERENCE-CITY MANAGER & MAYOR
COSTUME RENTAL-SUNBONNET DAYS
DUES-WATER DEPT
SCHOOL-WATER DEPT
PAYROLL 9/4/87
PAYROLL 9/4/87
PAYROLL 9/4/87
PAYROLL 9/4/87
PAYROLL 9/4/87
DUES
PAYROLL 9/4/87
PAYROLL 9/4/87
PAYROLL 9/4/87
SEPTEMBER HEALTH INSURANCE
SEPTEMBER HEALTH INSURANCE
PLUMBING MATERIALS - STORM DAMAGE
SERVICE
LICENSE FEE-LIQUOR STORE #2
CONFERENCE-CITY MANAGER
WINE
LIQUOR
WINE
WINE
LIQUOR
LIQUOR
LIQUOR
1.75-
93.70-
14.00-
20.00-
493.00-
522.79-
16.00
400.00
15.00
22.50
35.00
150.00
22.00
18.00
14.80
35.40
4874.00
50.10
1000.60
6876.70
11308.60
631.20
21051.40
782.20
141.06
313.35
17546.40
39.84
800.00
30.00
45.00
484.00
169.00
43156.06
11261.66
4176.00
865.00
90.00
828.00
21478.61
153.88
684.13
9366.40
16428.66
493.20
552.25
35.00
492.00
269.38
12652.08
1855.36
1299.11
13233.51
7457.81
10361.72
22291673
OCTOBER 6,1987
37589 PERA
37590 ALICIA BROZOVICH
/7591 ALICIA BROZOVICH
592 EDEN PRAIRIE LIQUOR #1
,,593 SARA EVANS
37594 JEFFREY GILLIS
37595 JASON GRAY
37596 KATHY HEDRIX
37597 JANET HENRIKSEN
37598 ICMA
37599 ERLA KRAUS
37600 ERLA KRAUS
37601 LINDA MACDONALD
37602 VOID OUT CHECK
37603 MINNESOTA REC & PARK ASSOC
37604 MINNESOTA REC & PARK ASSOC
37605 NORINWESTERN BELL TELEPHONE CO
37606 KATHLEEN 0 CONNOR
37607 ROSEMARY PATTERSON
37608 ROSEMARY PATTERSON
37609 ROBERTA PETERSON
37610 POWER PROCESS EQUIPMENT INC
37611 CAROL SUGGS
37612 CAROL SUGGS
37613 JOANNE THOMPSON
37614 SOUTHTOWN TRAVEL
37615 JOHNSON CHILD MARTIN & ASSOC INC
37616 COMMISSIONER OF REVENUE
'7 617 COMMISSIONER OF REVENUE
18 GUARANTEE MUTUAL LIFE COMPANY
j(619 NORTHERN STATES POWER CO
37620 NORTMESTERN BELL TELEPHONE CO
37621 MINNESOTA GAS CO
37622 U S POSTMASTER
37623 KEYE PRODUCTIVITY CENTER
37624 MINNESOTA ANIMAL CONTROL ASSOC
37625 CITY OF EDINA
37626 BELLBOY CORPORATION
37627 CAPITOL CITY DISTRIBUTING CO
37628 EAGLE WINE CO
37629 GRIGGS COOPER & CO INC
37630 JOHNSON BROS WHOLESALE LIQUOR
37631 PAUSTIS & SONS CO
37632 ED PHILLIPS & SONS CO
37633 PRIOR WINE CO
37634 QUALITY WINE CO
37635 NATIONAL CAMERA EXCHANGE
37636 CREATIVITY NO LIMITS INC
37637 MINNESOTA POST BOARD
37638 CLARK WALKER
37639 BEST PRODUCTS CO
37640 AT & T INFORMATION SYSTEMS
37641 FEDERAL RESERVE BANK
37642 COMMISSIONER OF REVENUE
ICMA RETIREMENT CORP
PAYROLL 9/4/87
319.36 REFUND-SWIMMING CLASSES
16.00 REFUND-SWIMMING CLASSES
13.00
SUPPLIES-CITY HALL
40.19 REFUND-SWIMMING CLASSES
1.75
REFUND-SWIMMING CLASSES
24.00 REFUND-SWIMMING CLASSES
24.00 REFUND-AQUA AEROBICS CLASS
10.25 REFUND-EXERCISE CLASSES
15.00 MANUALS-ENGINEERING DEPT
38.95 REFUND-AQUA AEROBICS CLASSES
10.25 REFUND-EXERCISE CLASSES
15.00 REFUND-TENNIS CLASSES
21.00
0.00 CONFERENCE-COMMUNITY CENTER
460.00
CONFERENCE-COMMUNITY CENTER
135.00 SERVICE
3370.68
SUPPLIES-FIRE DEPT
63.65 REFUND-SWIMMING CLASSES
10.25 REFUND-EXERCISE CLASSES
15.00 REFUND-SWIMMING CLASSES
24.00
CONFERENCE-WATER DEPT
100.00 REFUND-SKATING CLASSES
6.00 REFUND-SKATING CLASSES
6.00 REFUND-SKATING CLASSES
19.00 CONFERENCE-CITY MANAGER
426.46 SERVICE-CDBG PROGRAM
150.00
AUGUST 87 FUEL TAX
244.46 AUGUST 87 SALES TAX
17273.79 SEPTEMBER LIFE INSURANCE
2450.44 SERVICE
14304.04
SERVICE
1252.70
SERVICE
134.83
POSTAGE-POLICE DEPT
1220.00 CONFERENCE-POLICE DEPT
145.00
CONFERENCE-POLICE DEPT
25.00 CONFERENCE-CITY MANAGER & COUNCIL MEMBER 32.00 LIQUOR
1354.01 WINE
182.00 WINE
510.21 LIQUOR
3079.94
LIQUOR
4544.25 WINE
113.00
WINE
4260.20 WINE
667.55 LIQUOR
1018.18 CAMERA-ASSESSING DEPT
129.95 MUNICIPALS BANQUET SPEAKER
375.00 LICENSE FEE-POLICE DEPT
15.00 SOFTBALL OFFICIAL/FEES PAID
493.00 SUPPLIES-COMMUNITY CENTER
154.00 SERVICE
519.41 PAYROLL 9/18/87
43988.45 PAYROLL 9/18/87
11593.81 PAYROLL 9/18/87
914.24
11632925
PAYROLL 9/18/87
PAYROLL 9/18/87
PAYROLL 9/18/87
PAYROLL 9/4 & 9/18/87
PAYROLL 9/18/87
SERVICE
CONFERENCE-COMMUNITY CENTER
CONFERENCE-COMMUNITY CENTER
CONFERENCE-COMMUNITY SERVICES
CONFERENCE-STREET DEPT
REFUND-KIDS KORNER
CONFERENCE-COMMUNITY SERVICES
SUPPLIES-DAY CARE CENTER-COMMUNITY CTR
CONFERENCE-STREET DEPT
CONFERENCE-BUILDING DEPT
SCHOOL-WATER DEPT
REFUND-FAMILY MEMBERSHIP-COMMUNITY CTR
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
REFUND-SKATING CLASSES
REFUND-ADULT OUTING
REFUND-RACQUETBALL LEAGUE
OCTOBER 87 RENT
OCTOBER 87 MAINTENANCE SERVICE
MOTOR VEHICLE REGISTRATION
LIQUOR
WINE
WINE
LIQUOR
LIQUOR
LIQUOR
WINE
WINE
REPAIR TRANSMISSION-EQUIPMENT
OFFICE SUPPLIES
TENNIS INSTRUCTOR/FEES PAID
JULY 4Th FIREWORKS-ROUND LAKE PARK
SEPTEMBER 87 TRASH REMOVAL-POLICE DEPT
REPAIR CAR WASH DOOR & PUBLIC WORKS DOOR
REFUND-SKATING CLASSES
SUPPLIES-WATER DEPT
PRINTING-COMMUNITY CENTER
TEEN VOLUNTEER WAGES
STREET SIGNS/PARK INFORMATION SIGNS
SOFTBALL OFFICIAL/FEES PAID
BLACKTOP-JULY STORM DAMAGE-STREET DEPT
BLACKTOP-DRAINAGE CONTROL
EQUIPMENT REPAIR-COMMUNITY CENTER
SOFTBALL OFFICIAL/FEES PAID
4176.00
22565.01
158.88
0.00
800.00
684.13
228.40
20.00
39.22
86.75
130.00
105.75
0.00
16.50
3.00
86.00
60.00
175.00
80.00
27.00
831.75
118.78
13.80
90.97
15994.34
23.00
2.50
5.00
1449.67
656.81
20.25
1839.20
355.35
247.31
3879.92
4204.23
3962.62
405.51
1492.56
MAINTENANCE 427.50
1347.05
19.50
120.00
51.75
155.76
16.00
1424.81
260.20
9.00
2167.34
609.00
10384.71
23.88
123.10
594.50
OCTOBER 6,1987
37644
37645
37646
47
j48
-37649
37650
37651
37652
37653
37654
37655
37656
37657
37658
37659
37660
37661
37662
37663
37664
37665
37666
37667
37668
37669
37670
37671
27 572
73
.)to74
37675
37676
37677
37678
37679
37680
37681
37682
37683
37684
37685
37686
37637
37688
37689
37690
37691
37692
37693
37694
37695
37696
37697
-18
GREAT WEST LIFE ASSURANCE CO
PERA
UNITED WAY OF MPLS
VOID OUT CHECK
NORWEST BANK HOPKINS
CITY-COUNTY CREDIT UNION
AT & T INFORMATION SYSTEMS
MINNESOTA CONFERENCE FUND
HOLIDAY INN
MINNESOTA REC & PARK ASSOC
UNIVERSITY OF MN
MINNESOTA REC & PARK ASSOC
VOID OUT CHECK
PAT GULBRANDSEN
SOUTH HENNEPIN HUMAN SERVICES
BEST PRODUCTS rrrc
COLLEGE OF ST THOMAS
SUBURBAN UTILITIES SUPERINTENDENT
JAMES SCHMIDT
AT & T INFORMATION SYSTEMS
AT & T COMMUNICATIONS
AT & T INFORMATION SYSTEMS
NORTHWESTERN BELL TELEPHONE CO
NORTHERN STATES POWER CO
PATRICK KEARNS
GENEVIEVE SUBERT
GREG BAGGENSTOS
WELSH COMPANIES
CITICORP INDUSTRIAL CREDIT
MN DEPT OF P/S
BELLBOY CORPORATION
CAPITOL CITY DISTRIBUTING CO
EAGLE WINE CO
GRIGGS COOPER & CO INC
JOHNSON BROS WHOLESALE LIQUOR
ED PHILLIPS & SONS CO
PRIOR WINE CO
QUALITY WINE CO
AAMCO TRANSMISSIONS
ACRO-MINNESOTA INC
BRAD ADAMS
AMERICANA FIREWORKS DISPLAY
ADMIRAL WASTE MGMT INC
AIRLIFT DOORS INC
JOSEPH ALBRIGHT
AMERICAN SCIENTIFIC PRODUCTS
AMERICAN SPEEDY PRINTING CENTERS
CAYTE ANDERSON
EARL F ANDERSON & ASSOC INC
MARK J ANDERSEN
ASSOCIATED ASPHALT INC
AVR INC
S H BARTLETT COMPANY INC
JEFF RARTZ
8276931
OCTOBER 6,1987
37699 BATTERY & TIRE WAREHOUSE INC
37700 BRUCE BENNER
701 VOID OUT CHECK
'V 102 BERRY COFFEE COMPANY
37703 BLACK & VEATCH
37704 BLACKS PHOTOGRAPHY
37705 BLUMBERG COMMUNICATIONS INC
37706 RICK BOLINSKI
37707 RICK BOLINSKI
37708 RICK BOLONCHUK
37709 LEE BRANDT
37710 BRAUN END TESTING INC
-BATTERIES/SEALED BEAMS/BEARING-EQUIPMENT
MAINTENANCE
MILEAGE-FORESTRY DEPT
SERVICE-CITY OFFICES
SERVICE-WATER TREATMENT PLANT ADDITION
-FILM PROCESSING-STORM DAMAGE/WATER DEPT/ -ENGINEERING DEPT/POLICE DEPT/FIRE DEPT/
FORESTRY DEPT
FILM RENTAL-COMMUNITY CENTER
MILEAGE
MILEAGE
SUPPLIES-COMMUNITY CENTER
SOFTBALL OFFICIAL/FEES PAID
-SERVICE-VALLEY VIEW ROAD/WILLOW PARK/
HOMEWARD HILLS PARK/SUNNYBROOK ROAD
269.63
81.50
0.00
438.25
9921.82
262.01
20.00
85.00
67.50
9.31
319.00
4831.70
37711 VOID OUT CHECK
0.00 37712 BRUNSON INSTRUMENT CO TAPE-PARK MAINTENANCE 80.00 37713 B R W INC -SERVICE-DELL ROAD/EVENER WAY/ANDERSON
19708.29 -LAKES PARKWAY-TH169 TO MITCHELL ROAD/
VALLEY VIEW ROAD-MITCHELL TO COUNTY RD 4 37714 BSN CORP SUPPLIES-PRESCHOOL PROGRAM 22.49 37715 BURTON EQUIPMENT INC TRUCK PARTS-WATER DEPT 46.31 37716 TIM BUSHNELL HOCKEY OFFICIAL/FEES PAID 24.00 37717 BUSINESS FURNITURE INC 9 LATERAL FILES-BUILDING & ASSESSING DEPT
3474.00 37718 C & N W TRANSP CO STORM SEWER RENTAL-DRAINAGE CONTROL
180.00 37719 CARLSON & CARLSON ASSOC SERVICE 210.00 37720 JAMES G CLARK EXPENSES-POLICE DEPT 14.73 27 721 WALLACE W CARLSON CO PRINTING SUMMER BROCHURE-COMMUNITY CENTER
4017.00 22 CENTRAIRE INC -CONDENSOR FAN MOTOR REPAIRS/LOCKING
344.61 COVERS-PUBLIC SAFETY BUILDING 37723 CERTIFIED LABORATORIES GREASE-EQUIPMENT MAINTENANCE 128.84 37724 CLUTCH & U-JOINT BURNSVILLE CABLE-EQUIPMENT MAINTENANCE 119.48 37725 COMMISSIONER OF TRANSPORTATION SERVICE-VALLEY VIEW ROAD 140.79 37726 JEFFREY CONRAD' HOCKEY OFFICIAL/FEES PAID 49.50 37727 CONTECH CONS/ PRODUCTS INC
CULVERT BANDS-STREET DEPT 1097.82 37728 COPY EQUIPMENT INC EQUIPMENT REPAIR-ENGINEERING DEPT 36.00 37729 JOANNE CORTS REFUND-UTILITY BILL 28.05 37730 CROWN RUBBER STAMP CO -STAMPS/NAME PLATES-STREET DEPT/LIQUOR
180.63 STORE/FINANCE DEPT 37731 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 8212.76 37732 DALCO CLEANING SUPPLIES-WATER DEPT/COMMUNITY CTR
479.50 37733 CRAIG W DAWSON EXPENSES 40.00 37734 DECORATIVE DESIGNS SERVICE 49.50 37735 OEM CON LANDFILL INC LANDFILL CHARGES-PARKS DEPT 80.00 37736 CARRIE DENHARDT EXPENSES-COMMUNITY CENTER 15.95 37737 EUGENE DIETZ AUGUST 87 EXPENSES 165.00 37738 DIXIE PETRO-OEM INC CHLORINE-WATER DEPT 779.00 37739 DONS APPLIANCE & TV REPAIR DISHWASHER-SENIOR CENTER 169.95 37740 DRISKILLS SUPER VALU SUPPLIES-CITY HALL & COMMUNITY CENTER 100.61 37741 DRISKILLS SUPER VALU SUPPLIES-PARKS DEPT 28.34 37742 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 124.15 37743 DUNLOP SPORTS CORPORATION TENNIS RACQUETS-COMMUNITY CENTER 90.57 37744 DYNA SYSTEMS NUTS & BOLTS/STORAGE BIN-WATER DEPT
340.37 ---45 EAGLE SNACKS INC SUPPLIES-LIQUOR STORE 21.12
5690508
OCTOBER 6,1987
37746 THOMAS E EASTMAN
37747 JEFFREY C EDELEN
37748 EDEN PRAIRIE CHAMBER OF COMMERCE
( 749 E P GROCERY
.750 EDEN PRAIRIE LIQUOR
37751 CITY OF EDINA
37752 ELECTRICAL MECHANICAL SERVICES IN
37753 ELK RIVER CONCRETE PRODUCTS
37754 JEFFREY ELWELL
37755 CHRIS ENGER
37756 ESS BROTHERS & SONS INC
37757 DON EVE & SONS
37758 SAMARA EWELT
37759 FACILITY SYSTEMS INC
37760 JOHN FERN
37761 FINLEY BROS ENTERPRISES
37762 FITNESS ASSOCIATES INC
37763 FLO-COVERY SYSTEMS INC
37764 FLOYD SECURITY
37765 FOUR STAR BAR & RESTAURANT SUPPLY
37766 Fox VALLEY SYSTEMS INC
37767 JOHN FRANE
37768 LYNDELL FREY
37769 FRONTIER MIDWEST
37770 DARRELL GEDNEY
37771 GENERAL COMMUNICATIONS INC
37772 GENZ RYAN
q7773 OH PUBLICATIONS
74 OLEWOOD INGLEWOOD
,.(75 GME CONSULTANTS INC
37776 GOODYEAR TRUCK TIRE CENTERS
37777 GOPHER ACTIVEWEAR & SPORTS EQUIP
37778 GOPHER OIL COMPANY
37779 W W GRAINGER INC
37780 MARK GRANOWSKI
37781 MICHAEL GROH
37782 MACH CO
37783 HAGEN OFFICE EQUIPMENT INC
37784 ROBERT HANNON
37785 HARDRIVES
37786 HARMON GLASS
37787 HAYDEN MURPHY EQUIPMENT CO
37788 LAURIE HELLING
37789 MIKAL HENDRICKSON
37790 VOID OUT CHECK
37791 HENN CTY DEPT OF PROPERTY TAX
37792 HENNEPIN COUNTY PUBLIC REOCRDS
37793 HENN CTY DEPT OF PROPERTY TAX
37794 HENNEPIN COUNTY TREASURER
37795 HENNEPIN PARKS
37796 SANDY HOCHHALTER
- -97 JACK HOENE
2225747
MILEAGE-COMMUNITY CENTER
MILEAGE-FORESTRY DEPT
DUES-LIQUOR STORE/CITY MANAGER
EXPENSES-FIRE DEPT
EXPENSES-CITY HALL
AUGUST 87 WATER TESTS
FAN-WATER DEPT
MANHOLE RINGS-SEWER DEPT
MILEAGE
SEPTEMBER 87 EXPENSES
MANHOLE COVERS-SEWER DEPT
SERVICE-STORM DAMAGE REPAIRS
TENNIS INSTRUCTOR/FEES PAID
WIRE/TRIM COVER-CITY HALL
MILEAGE
-INSTALLATION OF 4 SOFTBALL BACKSTOPS-
PARK MAINTENANCE
STRESS TESTS-POLICE DEPT
POOL SUPPLIES-COMMUNITY CENTER
4TH QUARTER SECURITY SYSTEM-LIQUOR STORE
SUPPLIES-LIQUOR STORE
PAINT-STREET DEPT
JULY 87 EXPENSES
EXPENSES-COMMUNITY CENTER
REFUND-BUILDING PERMIT
HOCKEY OFFICIAL/FEES PD
RADIO REPAIRS-EQUIPMENT MAINTENANCE
REFUND-BUILDING PERMIT
OFFICE SUPPLIES-HUMAN RESOURCES
SERVICE
-SERVICE-HIDDEN GLEN 3RD ADDITION/WYNDHAM
KNOLL
26 TIRES-EQUIPMENT MAINTENANCE
FOOTBALL SUPPLIES-ORGANIZED ATHLETICS
HYDRAULIC OIL-WATER DEPT
CHEMICALS-PARK MAINTENANCE
SOFTBALL OFFICIAL/FEES PD
AUGUST 87 CONSULTING SERVICE
BUFFER SOLVENT-WATER DEPT
TYPEWRITER REPAIRS-POLICE DEPT
HOCKEY OFFICIAL/FEES PD
ROCK-STORM DAMAGE
WINDSHIELD REPAIRS-EQUIPMENT MAINTENANCE
PUMP RENTAL DUE TO STORM DAMAGE
MILEAGE
REFUND-BUILDING PERMIT
POSTAGE-VOTER REGISTRATION VERIFICATIONS
FILING FEE-ENGINEERING DEPT
-2ND HALF 87 TAXES-MILLER PARK/MORE HOUSE/
HENDRICKSON/HOMEWARD HILLS PARK
SERVICE-PLANNING DEPT
PARK FEE-CITY HALL
EXPENSES-POLICE DEPT
HOCKEY OFFICIAL/FEES PD
29.25
45.50
312.00
11.78
10.35
175.00
16.24
97.02
10.00
165.00
385.00
550.00
108.00
20.40
63.75
3800.00
801.00
50.00
349.00
676.67
109.04
165.00
64.00
20.00
82.50
87.97
45.20
57.00
26.60
2839.60
1171.98
58.10
128.60
131.35
159.50
820.00
86.40
73.00
231.00
2332.05
47.19
1800.00
47.00
20.00
0.00
18.62
115.00
3216.39
298.00
139.92
91.50
99.00
c, 1
OCTOBER 6,1987
37798 HOFFERS INC
37799 HOLMSTEN ICE RINKS INC
300 MICHAEL J HOSTETLER
37801 HOVDE PLUMBING
37802 IBM
37803 INDEPENDENT SCHOOL DIST #272
37804 INGRAM EXCAVATING
37805 GARY ISAACS
37806 J & R RADIATOR CORP
37807 JERRYS
37808 JM OFFICE PRODUCTS INC
37809 CARL JULLIE
37810 DANIEL KASID
37811 KOKESH ATHLETIC SUPPLIES INC
37312 GREG KORTUEM
37813 WILLIAM KOUNS
37814 KRAEMERS HOME CENTER
37815 L A CONSTRUCTION INC
37816 LANCE
37817 LANG PAULY & GREGERSON LTD
37818 LEEF BROS INC
19 LEFEVERE LEFLER KENNEDY OBRIEN
4,d2O CRISTALL LINDAHL
37821 LCGIS
37822 LOUISVILLE LANDFILL INC
37823 M & I INDUSTRIAL SUPPLY INC
37824 MAGELSSEN PIANO TUNING
37825 MIKE MARUSHIN
37826 MASYS CORPORATION
37827 MCFARLANES INC
37828 MCGLYNN BAKERIES INC
37829 MCGLYNN BAKERIES INC
37830 TIM MCGOVERN
37831 JERALD MCMILLIAN
37832 MEDICAL OXYGEN & EQUIP CO
37833 MERLINS HARDWARE HANK
37834 term ALARM INC
37835 METROPOLITAN FIRE EQUIP CO
37836 METRO WASTE CONTROL COMMISSION
37837 METRO WASTE CONTROL COMMISSION
37838 METRO WASTE CONTROL COMMISSION
39 MID AMERICA GOLF SUPPLY
SOFTBALL FIELD MARKING-PARK MAINTENANCE 477.80 -REPLACE WATER TANK/VALVE KIT/SHELL & TUBE 215.48 -CONDENSOR/CONTROL SWITCH/PRESSURE
CYLINDER-ICE ARENA
HOCKEY OFFICIAL/FEES PD 115.50 REFUND-BUILDING PERMIT 13.50 MAY 87 - OCTOBER 87 MAINTENANCE AGREEMENT 1064.07 -PRINT SUMMER SCHOOL FLYER-COMMUNITY 1952.27 -SERVICES/CLEANING SUPPLIES-CITY HALL/
-AUGUST 87 JANITORIAL SERVICE-PUBLIC WORKS
BUILDING & WATER TREATMENT PLANT
SERVICE-HOMEWARD HILLS PARK 444.00 SOFTBALL OFFICIAL/FEES PD 768.50 HEATER REPAIRS-EQUIPMENT MAINTENANCE 49.00 EXPENSES-CITY HALL 230.88 -OFFICE SUPPLIES-WATER DEPT/PLANNING DEPT/ 92.18 ENGINEERING DEPT/STREET DEPT
MEMBERSHIP DUES & EXPENSES 140.80 SOFTBALL OFFICIAL/FEES PD 195.50 FOOTBALL EQUIPMENT-ORGANIZED ATHLETICS 108.82 SOFTBALL OFFICIAL/FEES PD 485.50 REFUND-OVERPAYMENT ON UTILITY BILL 11.14 -PIPE/PIPE FITTINGS/FLASHLIGHT/ROPE/BOLTS/ 150.47 -1ST AID KIT/SPIKES/VALVES-WATER DEPT/
PARKS DEPT/CITY HALL
EQUIPMENT RENTAL-STREET MAINTENANCE 415.00 SUPPLIES-LIQUOR STORE 74.60 APRIL 87 - AUGUST 87 LEGAL SERVICE 13269.01 COVERALLS-EQUIPMENT MAINTENANCE 42.00 JUNE 87 & AUGUST 87 LEGAL SERVICE 331.50 EXPENSES-COMMUNITY CENTER 27.54 AUGUST 87 SERVICE 8733.14 DUMPING CHARGES-STORM DAMAGE 1110.00 -VISE GRIPS/SMALL TOOLS-EQUIPMENT 61.12 MAINTENANCE
-PIANO REPAIRS DUE TO STORM DAMAGE-SENIOR 40.00 CENTER
-WRENCH SET/SCREWDRIVER SETS/TOOL CHEST/ 382.90 -AIR DRILL-EQUIPMENT MAINTENANCE & WATER
DEPT
OCTOBER 87 MAINTENANCE AGREEMENT 1050.00 ROCK-STORM DAMAGE 56.00 EXPENSES-FIRE DEPT 9.45 EXPENSES-CITY HALL & POLICE DEPT 99.39 HOCKEY OFFICIAL/FEES PD 42.00 REFUND-OVERPAYMENT ON UTILITY BILL 288.76 OXYGEN & HELIUM-FIRE DEPT 55.80 RUST REMOVER-COMMUNITY CENTER 9.82 -4TH QTR 87 SECURITY SYSTEM-PUBLIC WORKS 78.00 BUILDING
CHEMICALS-FIRE DEPT 101.20 OCTOBER 87 SEWER SERVICE 89800.90 JULY 87 SAC CHARGES 48336.75 AUGUST 87 SAC CHARGES 38981.25 GOLF BALLS-COMMUNITY CENTER 95.05
e1000659
OCTOBER 6,1987
MINNESOTA SUBURBAN NEWSPAPERS INC
MINNESOTA SUBURBAN NEWSPAPERS INC
MINNESOTA VALLEY ELECTRIC CO-00
MINUTEMAN PRESS
MODERN TIRE CO
MOON VALLEY AGGREGATES
37840 MIDWEST ASPHALT CORP
37841 MN CONWAY FIRE & SAFETY
142
-343
37844
37845
37846
37847
37848
37849 MOTOROLA INC
37850 MOTOROLA INC
37851 MTI DISTRIBUTING CO
37852 MUR-CON & ASSOCS
37853 NATIONAL SCREENPRINT
37854 NORTH KILBRIDE OPTICIANS
37855 NORTHERN ASPHALT CONST INC
37856 NORTHWEST PRINTING
37857 OCHS BRICK & TILE CO
37858 CLSEN CHAIN & CABLE CO INC
37859 ORKIN EXTERMINATING CO INC
37860 PAGENET
37861 PENNSYLVANIA OIL CO
37862 PEPSI/7-UP BOTTLING CO
37863 PERSONNEL POOL
64 PET CREMATION SERVICE
,.d65 CONNIE L PETERS
37866 PETTY CASH-PUBLIC SAFETY DEPT
37867 PIONEER MIDWEST
37868 PITNEY BOWES
37869 PITNEY BOWES
37870 PLEHAL BLACKTOPPING INC
37871 PLYMOUTH PLUMBING
37872 PMS SERVICE CORP
37873 POMMER MFG CO INC
37874 POWER BRAKE EQUIPMENT CO
37875 POWER VAR
37876 PRAIRIE ELECTRIC COMPANY INC
37877 PRAIRIE HARDWARE
37878 PRAIRIE HARDWARE
37879 CLIFF PRATT
37880 PREFERRED PAVING INC
37881 PRIOR LAKE MARINE INC
--'42 R & R SPECIALTIES INC
BLACKTOP-STREET DEPT & PARKS DEPT 10230.01 -FIREMAN COATS/SAFETY HELMETS/LETTERING- 500.50 FIRE DEPT
ADS-LIQUOR STORE 402.00 EMPLOYMENT ADS-COMMUNITY CENTER 173.80
SERVICE 37.75 PRINTING-BUILDING DEPT 304.87
WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 104.95 SAND-STORM DAMAGE & PARK MAINTENANCE 932.00 -INSTALL EXIT SIGN/REPAIR EXHAUST FANS/ 735.00 -CAP GAS LINE/INSTALL STOOP & DOOR -
8950 EDEN PRAIRIE ROAD
6 BATTERIES-FIRE DEPT 810.00
RADIO REPAIRS-FIRE DEPT 656.22 GRINDING WHEEL-PARKS DEPT 41.80
-BOAT OARS/OAR LOCKS/CANOE PADDLES-ROUND 67.50 LAKE PARK
T-SHIRTS-$77 14.85/UNIFORMS-$1216.05- 1990.90 SAFETY GLASSES-FIRE DEPT 132.80 -SEAL COATING PARKING LOT AT PUBLIC SAFETY 3300.00 BUILDING & FIRE BUILDING
PRINTING-ENGINEERING DEPT 59.69 CEMENT-SEWER DEPT 59.50
CHAINS-EQUIPMENT MAINTENANCE 69.19 SERVICE 134.00
PAGER SERVICE-POLICE DEPT 9.90 OIL-EQUIPMENT MAINTENANCE 245.00
CONCESSION STAND SUPPLIES-COMMUNITY CENTER 353.00 TEMPORARY SERVICE-HUMAN RESOURCES 407.04 SERVICE 25.00 MILEAGE 12.50
EXPENSES-POLICE DEPT 11.64 NOZZLES-POLICE DEPT 3.98 TONER-COMMUNITY CENTER 45.10 -MARCH 87 - OCTOBER 87 MAINTENANCE 2178.00 AGREEMENT/TONER-COMMUNITY CENTER
EQUIPMENT RENTAL-STREET MAINTENANCE 850.00 REFUND-BUILDING PERMIT 20.50 CLEANING SUPPLIES-CITY HALL 115.55 PLAQUES/TROPHIES-ORGANIZED ATHLETICS 411.90 -FLASHERS-SEWER DEPT/FLASH TUBE & LENS- 509.29 EQUIPMENT MAINTENANCE
-REPLACED HYBRID POWER CONDITIONERS-PUBLIC 958.01 SAFETY BUILDING
-FAN MOTOR REPAIRS DUE TO STORM DAMAGE- 181.20 COMMUNITY CENTER
-DRILL BITS/DUCT TAPE/ELECTRICAL TAPE/ 85.45 CLEANING SUPPLIES-POLICE DEPT
-KEYS/KEY RINGS/MASKING TAPE/HANGERS/ 43.46 -RUSTOLEWVPAINT/PAINT BRUSHES/BATTERIES/
WIRE CLAWS/CABLE-FIRE DEPT
SOFTBALL OFFICIAL/FEES PD 29.00 ASPHALT-PARK MAINTENANCE 985.00 2 PADDLE BOATS-ROUND LAKE MARINA 1698.00 ZAMBONI REPAIRS-COMMUNITY CENTER 706.11
3062711
CASH REGISTER TAPE-LIQUOR STORE
GARAGE DOOR REPAIRS-FIRE DEFT
-SERVICE-HIDDEN GLEN 3RD ADDITION/PRAIRIE
-VIEW DR/RIVERVIEW RD/TECHNOLOGY DR/
-WYNDHAM KNOLL/VALLEY VIEW RD EXTENSION AT
-GOLDEN TRIANGLE DR/SHADY OAK RIDGE/
-BLOSSUM ROADWAY/BENNETT PLACE/PURGATORY
CREEK BOX CULVERT
REFUND-PARK RESERVATION
PLUMBING PARTS-WATER DEPT
PUMP REPAIRS AT MORE HOUSE
-RUBBER STAMPS-ENGINEERING DEPT & BUILDING
DEPT
PIPES/CAPS-PARKS DEPT
OFFICE SUPPLIES-FIRE DEPT
OFFICE SUPPLIES-CITY HALL
PORTABLE RESTROOMS-PARK MAINTENANCE
TOWELS-PARK MAINTENANCE
SAND-STORM DAMAGE
AUGUST 87 EXPENSES
HOCKEY OFFICIAL/FEES PD
-JULY 87 SERVICE-8950 EDEN PRAIRIE ROAD &
COMMUNITY CENTER
OCTOBER 6,1987
37883 RETAIL DATA SYSTEMS OF MN
37884 RIDGE DOOR SALES & SERVICE INC
37885 RIEXE-CARROLL-MULLER ASSOC INC
37886 JEAN RIGGS
37887 ROBINSON PLUMBING SUPPLY CO
37888 ROGERS WELL DRILLING
37889 RYANS RUBBER STAMPS
37890 ST CROIX RECREATION CO
37891 ST PAUL BOOK & STATIONERY CO
37892 SALLY DISTRIBUTORS INC
37893 SATELLITE INDUSTRIES INC
37894 SAVOIE SUPPLY CO INC
37895 SCHMIDT READY MIX INC
37896 KEVIN SCHMIEG
37897 RICK SCHOEN
37898 SETTER LEACH & LINDSTROM INC
121.17
37.00
22734.75
25.00
21.13
879.00
22.00
62.80
4.45
39.40
761.44
174.70
391.05
165.00
82.50
10576.11
37899 VOID OUT CHECK
37900 SEVEN STAR INC BALLOONS-HISTORICAL CULTURE
37901 SEXTON DATA PRODUCTS LABELS-COMMUNITY CENTER
37902 M SHANKEN COMMUNICATIONS INC SUBSCRIPTION-LIQUOR STORE
37903 SIMPLEX TIME RECORDER CO RECORDER REPAIRS-POLICE DEFT
17904 STEVEN R SINELL AUGUST 87 EXPENSES
05 JOHN J SKRANKA MILEAGE
W GORDON SMITH CO -DIESEL $4292.29/FUEL $6384.00/SHOCKS/
-LAMP/ANTI-FREEZE/TUBES/GREASE/DIESEL PO
-PUMP ROUND LAKE DUE TO STORM DAMAGE-
EQUIPMENT MAINTENANCE & FIRE DEPT
37907 SNAP ON TOOLS CORP -FILTER WRENCHES/CIRCUIT TESTER/WRENCH
RACK/WRENCH SETS-EQUIPMENT MAINTENANCE
37908 SOUTHWEST SUBURBAN PUBLISH INC -EMPLOYMENT ADS-PUBLIC SAFETY/COMMUNITY
CENTER/EQUIPMENT MAINTENANCE
37909 SOUTHWEST SUBURBAN PUBT.ISH INC ADS-COMMUNITY CENTER
37910 SOUTHWEST SUBURBAN PUBLISH INC AUGUST 87 LEGAL ADS
37911 STATE TREASURER JULY 87 BUILDING PERMIT SURCHARGE
37912 STATE TREASURER AUGUST 87 BUILDING PERMIT SURCHARGE
37913 STREICHERS PROFESSIONAL POLICE EQ FLASHERS/2 FEDERAL SIRENS-POLICE DEPT
37914 STS CONSULTANTS LTD SERVICE-WATER TREATMENT PLANT ADDITION
37915 STUBBS BUILDING MOVERS SERVICE-HOMEWARD HILLS PARK
37916 SULLIVANS SERVICES INC PUMP TANK-SENIOR CENTER
37917 SUPERIOR PLASTICS SUPPLIES-LIQUOR STORE
37918 NATALIE SWAGGERT SEPTEMBER 87 EXPENSES
37919 VICKI SYSLO AQUA AEROBICS INSTRUCTOR/FEES PD
37920 VICKI SYSLO EXERCISE INSTRUCTOR/FEES PD
37921 TARGET 220 REFUND-PARK RESERVATION
37922 TARGET 220 EXPENSES-COMMUNITY CENTER
37923 TAYLOR SALES INC FREEZER REPAIRS-ROUND LAKE CONCESSION
37924 TENNESSEE CHEMICAL CO CHEMICALS-WATER DEPT
1 -'25 TRESTMAN MUSIC CENTER SHEET MUSIC-COMMUNITY BAND
6807102
0.00
30.00
44.56
60.00
79.50
178.80
127.63
11557.97
97.55
198.85
36.00
1326.39
6360.50
5767.30
313.50
58.50
275.00
56.00
33.86
174.62
217.50
120.00
50.00
41.35
35.00
4635.39
97.75
•-•.)
OCTOBER 6,1987
37926 TURF SUPPLY CO
37927 UNIFORMS UNLIMITED
37928 UNITOG RENTAL SERVICES
L929
UNLIMITED SUPPLIES INC
37930 USA TODAY
37931 VALLEY INDUSTRIAL PROPANE INC
37932 VALLEY PLUMBING
37933 VAUGHNS INC
37934 VERNON COMPANY
37935 VIKING LABORATORIES
37936 JIM WALTER PAPERS
37937 WARNING LITES OF MN INC
37938 WATER PRODUCTS CO
37939 WESTBURNE SUPPLY INC
37940 WILSON TANNER GRAPHICS
37941 DAVE WORKMAN
37942 XEROX CORP
37943 ARTHUR YOUNG & COMPANY
37944 JIM YOUNG
37945 SUK I YUN
37946 GARY ZACHMAN
37947 ZEE MEDICAL SERVICE
37948 AMERICAN PLANNING ASSN
37949 HERB ADOLPHSON
50 STAR TRIBUNE
•035966
TREE FERTILIZER-FORESTRY DEPT
UNIFORMS-POLICE DEPT
UNIFORMS FOR CITY EMPLOYEES
-FLAT WASHERS/LOCK WASHERS/SAW BLADES/
SCREWS-EQUIPMENT MAINTENANCE
ADS-LIQUOR STORE
GAS CYLINDERS-COMMUNITY CENTER
REFUND-BUILDING DEPT
FLAG REPAIR-PUBLIC SAFETY BUILDING
TRUCK DECALS-EQUIPMENT MAINTENANCE
CHEMICALS-COMMUNITY CENTER
PAPER-POLICE DEPT
FLASHERS-STORM DAMAGE
-GASKET PVC PIPE/COUPLINGS/STRAINER/
-CHAMBER GASKET/6 1 1/2 1000 GAL MIT
41770.00/6 1" 1000 GAL MR $738.00/3 2"
1000 GAL MTR $1254.00
LIGHT BULBS-COMMUNITY CENTER
TROPHIES-ORGANIZED ATHLETICS
SOFTBALL OFFICIAL/FEES PD
TONER-FIRE DEPT
SERVICE-COMPARABLE WORTH STUDY
GOLF INSTRUCTOR/FEES PD
EXERCISE INSTRUCTOR/FEES PD
REFUND-BUILDING PERMIT
-1ST AID SUPPLIES-PUBLIC WORKS BUILDING &
PARKS DEPT
MEMBERSHIP DUES-PLANNING DEPT
EXPENSES-BUILDING DEPT
SUBSCRIPTION-FIRE DEPT
147.75
1636.30
1655.55
272.86
50.00
176.74
45.00
13.35
893.68
1101.20
269.00
215.70
4240.50
15.58
514.50
14.50
84.00
3608.00
177.00
150.00
890.00
68.25
35.00
15.00
70.20
$826242.22
251
U.IINIBUININS BY FUND
10 GENERAL
11 CERTIFICATE OF INDEBT
15 LIQUOR STORE-P V M
17 LIQUOR STORE-PRESERVE
25 TRANSIT SYSTEM
CASH PARK FEES
PARK ACQUIST & DEVELOP
33 UTILITY BOND FUND
45 UTILITY DEBT FD AJUB
51 DIPROVEMENTCONSTFD
57 ROAD IMPROVEMENT OONST FD
WATER FUND
77 SEWER FUND
81 TRUST & ESCROW FUND
87 CDR FUND
$826242.22
378002.55
113.10
94934.03
67508.94
1.64
20.00
16266.71
10171.40
800.00
48493.70
114.95
28549.24
180467.81
648.15
150.00
' 1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 87-267
TH 169 LAYOUT APPROVAL
(Between CSAH 1 and Prairie Center Drive)
WHEREAS, the Commissioner of the Department of Transportation has prepared
a preliminary layout for the improvement of a part of Trunk Highway f5,
renumbered as Trunk Highway f169, within the corporate limits of the City
of Eden Prairie, from north of CSAH 1 to Prairie Center Drive; and seeks
the approval thereof; and
WHEREAS, said preliminary layouts are on file in the office of the
Department of Transportation, St. Paul, Minnesota, being marked, labeled,
and identified as Layout •2A S.P.2744-43 (169=5) from north of CSAH 1 to
Prairie Center Drive
NOW, THEN, BE IT RESOLVED that said preliminary layouts for the
improvements of said Trunk Highway within the corporate limits be and
hereby are approved subject to the following:
A. That the proposed access to the West from TH 169, north of
Anderson Lakes Parkway be revised consistent with the tentative
layout to connect TH 169 to Columbine Road (presently being
studied for feasiblity).
ADOPTED by the Eden Prairie City Council on October 6, 1987.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
Sincerely,
I (itA
William M. _Crawford,
District Engineer
Minnesota
Department of Transportation
District 5
2055 No. Lilac Drive
Golden Valley, Minnesota 55422
September 24, 1987
(612) 593.8403
Gene Dietz
City Engineer
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Re: S.P. 2744-43 (TH 169)
Between CSAH 1 (Pioneer Trail) and Prairie Center Drive in
Eden Prairie
Request for approval of Geometric Layout 2A
Dear Mr. Dietz:
As you know, there have been several changes to the City approved layout for
this project (Geometric Layout 1A). A bridge to span the Purgatory Creek bog
has been proposed, rather than a box culvert, and Aztec Drive has been shown
intersecting TH 169 north of the Modern Tire property. Due to these changes
the District has prepared Geometric Layout 2A. These and other less
significant changes are listed under the "Layout History" for Geometric Layout
2A. We are requesting approval for Geometric Layout 2A at this time.
Enclosed, please find a copy of the staff approved Layout 2A and a form
resolution for municipal layout approval. The following specific instructions
and recommendations are made for the proper use of the resolution:
1. Before the Council meeting at which the resolution approving the plans is
presented to the governing body of the municipality for adoption, file with
the Clerk of Municipality the preliminary plans in the said resolution
referred to.
2. A certified copy of the resolution certified to by the clerk should be
forwarded to the Office of Right of Way.
If you have any questions, please feel free to call Rick Dalton at 593-8523.
Enclosure
An Equal Opportunity Employer
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
RE:
Mayor and City Council Members
Steve Durham, Assistant Planner
Chris Enger, Director of Planning
September 29, 1987
Variance Request #87-37 Appeal
John and Nancy McSwiggan, applicants for Variance Request #87-37, requested a front
yard setback variance to 20' versus the required 30' for construction of a deck.
The lot under variance consideration is located on the corner of Divinity Lane and
Carmel Trail. All corner lots in the City have two front yard setbacks (30'
requirement) and two side yard setbacks. No permit has been issued and construction
has not begun.
The home fronts on Divinity Lane. The side of the house is on Carmel Trail and is
setback at a minimum of 30' from the property line as required by City Code.
Neighbors were notified of the variance request and did not indicate opposition.
The applicant requests the Council to review the request and contends the City Code
requiring a 30' front yard setback, restricts the use of his property.
The variance request was scheduled for a July 9, 1987 hearing and was continued to
August 13, 1987, at the applicant's request. The Board denied Variance Request
#87-37, stating viable alternatives for deck locations exist, and a precedent could
be set to allow room additions on corner lots within the front yard setback.
All attachments and information leading to the Board of Appeals decision for denial
of the variance area included. No additional information has been submitted by the
McSwiggans. After reviewing the information in the packet the Council could
determine that the Board of Appeals decision will not be reviewed further or set a
date for review of the Board of Appeals decision by the City Council.
(21a.)
September 18,1987
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344
City Council
Dear Council Members:
In reference to variance request O87-37 put before the Board of
Appeals on August 13, 1987, and based on unreasonable and unlawful
behavior that the board exhibited, I do hereby apply to the City
Council to review my request for a variance.
ohn and Nancy McSwiggan
7270 Divinity Lane
Eden Prairie, Minn. 55344
937-9787
APPROVED MINUTES
BOARD OF APPEALS AND ADJUSTMENTS
THURSDAY, AUGUST 13, 1987
BOARD OF APPEALS MEMBERS:
BOARD STAFF:
7:30 PM, CITY HALL COUNCIL
CHAMBERS, 7600 EXECUTIVE
DRIVE
Chairman Ron Krueger, Hanley Anderson, Roger
Sandvick, William Arockiasamy, Lyn Dean,
Steve Longman, Dwight Harvey
Assistant Planner, Jean Johnson and
Recording Secretary, Lynda Diede
ROLL CALL: Sandvick and Dean were absent.
I. MINUTES
A. Minutes of July 9, 1987.
MOTION: Harvey moved, seconded by Arockiasamy, to approve the
minutes of July 9, 1987. Motion carried unanimously.
II. VARIANCES
A. Request #87-37, submi
for property located
The request is for a
Subdivision 2, B, to
setback of 20' (City
tted by John P. McSwiggan and Nancy McSwiggan
at 7270 Divinity Lane, Eden Prairie, Minnesota.
variance from City Code, Chapter 11, Section 11.03,
permit construction of a deck with a front yard
Code requires 30).
This variance request was continued from the July 9, 1987 meeting.
John McSwiggan, 7270 Divinity Lane, presented his request to the
Board.
Photos were displayed.
McSwiggan said that there were no trees on his property. He proposes
to build a deck to take advantage of some shade that is given off of
the house.
McSwiggan stated that they moved to Eden Prairie three years ago. A
corner lot was purchased because of theadditional land on the side.
They did not realize that the City had a 30 setback on both sides of
the house.
McSwiggan said that they have control of 11% of the 10,000 square feet
on their property. The City has control of the rest. A large percentage
of the 910 square feet available to McSwiggan is covered with a patio.
McSwiggan said that they are actually asking for 8' not 10', if measured
to the posts. This amounts to a very small percentage.
y
Board of Appeals and Adjustments - 2 - August 13, 1987
McSwiggan stated that often a deck is determined to be a permanent
structure with the assumption that it might become a three season
porch. M(Swiggan has no intentions of building a three season porch.
Krueger inquired about an alternative location for the deck. McSwiggan
said that the Staff Report Was absurd. The alternative suggested in
the Staff Report would cover the walk-out sliding glass door. It is
not an alternative for McSwiggan.
McSwiggan said that when they landscaped the lot, they did so with the
deck in mind. They filled the area with rock and poured footings.
Letters were received by several neighbors in favor of the request.
(Exhibits A, B, C, D and E)
McSwiggan believed approval of his deck would conform with five of
the eleven objectives listed by the City. McSwiggan read from the
City Code, Chapter 11, Land Use Regualtions (Zoning), Section 11.01.
Objectives: ...2) to foster a harmonious, convenient workable re-
lationship among land uses; 3) to promote the stability of existing
land uses that conform with the Guide Plan and to protect them from
inharmonious influences and harmful intrusions; 4) to insure that
public and private lands ultimately are used for the purposes which
are most appropriate and most beneficial from the standpoint of the
City as a whole;... 10) to protect and enhance real property values;
and, 11) to safeguard and enchance the appearance of the City, in-
cluding natural amenities of hills, woods, lakes, and ponds.
Longman asked if an entrance exists from the house to a future deck
area. McSwiggan said no. The steps are on the outside.
Krueger inquired if there would be an access to the first floor.
McSwiggan said no.
McSwiggan read from the City Code, Chapter 11, Section 11.45, Subd. 7,
Variance Standards: A. Variances. Variances from the strict
language of this Section may be granted by the Council only when
1) Such variance is determined to be in the public interest.
McSwiggan said that the house is 42' from the curb. Krueger said
that the setbacks are measured from the property line.
Harvey inquired about the 30' setback. Jean Johnson said that it is
required to create a uniform design down the street for open space
and safety.
McSwiggan said that it doesn't apply to him. His house is in line
with the street.
McSwiggan stated that there is no reason that the variance request
can't be approved other than the Board doesn't want to change the
laws.
Krueger said that it must be judged whether it is a hardship or not.
McSwiggan said that it was in the public interest.
McSwiggan said that the deck will improve the aesthetics of the house.
1.-;3^,t
Board of Appeals and Adjustments - 3 - August 13, 1987
Arockiasamy inquired if it was possible to minimize the
a
m
o
u
n
t
o
f
the variance by reducing the deck. McSwiggan said that he would be
open to other possibilities. However, it would make for
a
s
m
a
l
l
deck.
Longamn asked about the footings. McSwiggan said that t
h
e
y
w
e
r
e
s
e
t
out 8'.
Harvey said trees could be purchased. The alternative o
f
c
o
n
s
t
r
u
c
t
i
n
g
a deck behind the house would then meet the owners desire
o
f
s
h
a
d
e
.
Harvey noted that a 33% variance from the Code is being a
s
k
e
d
.
Crystal Roemmich, 13435 Caramel Trail, stated that the
M
c
S
w
i
g
g
a
n
house looked unfinished. The deck would give a finished
l
o
o
k
t
o
the house.
Arockiasamy said that it was an extreme variance. He fel
t
t
h
a
t
there are alternatives.
McSwiggan said that he would be happy to compromise if
i
t
w
a
s
f
e
a
s
i
b
l
e
to work with the landscaping.
Longman asked what the cost would be for the additiona
l
d
e
c
k
.
M
c
S
w
i
g
g
a
n
said that it would be $1500. He would do a lot of the
w
o
r
k
h
i
m
s
e
l
f
.
Longman said that he knew reputable tree moving firms
t
h
a
t
c
o
u
l
d
p
l
a
n
t
a 16-18' tree for less than 1/3 the cost of the propose
d
d
e
c
k
.
Harvey said that there was no undue hardship.
Harvey read from City Code, Chapter 11, Section 11.01, O
b
j
e
c
t
i
v
e
s
:
5) to prevent excessive population densities and over-
c
r
o
w
d
i
n
g
o
f
the land with structures. McSwiggan said that none of
t
h
o
s
e
c
o
n
d
i
t
i
o
n
s
exist in his case.
MOTION: Longman made a motion to deny Variance Request
#
8
7
-
3
7
,
submitted by John P. McSwiggan and Nancy McSwiggan with
t
h
e
following findings:
1) A viable alternative deck location exists.
2) A precedent may be set.
Harvey seconded the motion. Motion carried unanimously.
Johnson stated that an appeal may be made to the City Cou
n
c
i
l
.
STAFF REPORT
TO: Board of Appeals and Adjustments
FROM: Steve Durham, Assistant Planner
DATE: August 6, 1987
RE: August 13, 1987, Board of Appeals Meeting
A. Variance Request #87-37, submitted ty. John P. McSwiggan and Nancy McSwiggan for property located at 7270 Divinity nLae, Eden Prairie, Minnesota. The request is for a variance from City code, Ch
i
p
t
e
7-1I, Section 11.03, Subdivision 27—g to permit construction of a deck with a front yard s
e
t
b
a
c
k
of 20' (City Code requires 30')
This variance request was continuted from the July
9
,
1
9
8
7
,
m
e
e
t
i
n
g
.
Background - The property under variance consid
e
r
a
t
i
o
n
i
s
a
c
o
r
n
e
r
l
o
t
located in the Valley Curve Addition which is zon
e
d
R
1
-
9
.
5
.
I
n
t
h
e
R
1
-
9
.
5
Zoning District, the front yard setback is a
m
i
n
i
m
u
m
o
f
3
0
'
f
r
o
m
t
h
e
property line. In the case of a corner lot, which
h
a
s
t
w
o
a
b
u
t
t
i
n
g
s
t
r
e
e
t
s
,
the property has two front yards and two side ya
r
d
s
(
N
o
t
e
E
x
h
i
b
i
t
A
)
.
A
corner lot is defined as a lot situated at the jun
c
t
i
o
n
o
f
a
n
d
f
r
o
n
t
i
n
g
o
n
two or more streets. In all cases any property li
n
e
,
a
b
u
t
t
i
n
g
o
n
a
p
u
b
l
i
c
street, requires the minimum front yard setback of
t
h
e
z
o
n
i
n
g
d
i
s
t
r
i
c
t
.
The existing house on the lot was built in 1984
,
a
n
d
i
s
a
t
t
h
e
m
i
n
i
m
u
m
setback.
Variance Request - The applicant requests a fron
t
y
a
r
d
s
e
t
b
a
c
k
o
f
2
0
'
t
o
allow for construction of a deck on the southwest
c
o
r
n
e
r
o
f
t
h
e
h
o
m
e
.
T
h
e
reasons for the variance request are outlined in
a
l
e
t
t
e
r
d
a
t
e
d
J
u
n
e
9
,
1987, by the applicant (Note Exhibit 13).
Alternatives - Staff has identified an alternativ
e
l
o
c
a
t
i
o
n
f
o
r
t
h
e
d
e
c
k
which would not require a variance. A deck may be
l
o
c
a
t
e
d
d
i
r
e
c
t
l
y
b
e
h
i
n
d
the rear of the house (Note Exhibit A).
Conclusion - It is Staff's position to support City
C
o
d
e
w
h
e
n
o
p
t
i
o
n
s
e
x
i
s
t
to meet Code. In this variance request, a deck c
o
u
l
d
b
e
c
o
n
s
t
r
u
c
t
e
d
o
n
t
h
e
property and meet Code.
The Board may choose one of the following options
i
n
r
e
v
i
e
w
i
n
g
t
h
i
s
v
a
r
i
a
n
c
e
request:
A) Approve Variance Request #87-37 as submitted.
T
h
e
m
o
t
i
o
n
f
o
r
approval should include reasons for approval.
B) Deny Variance Request #87-37 with the findi
n
g
t
h
a
t
a
v
i
a
b
l
e
alternative deck location exist.
43 .
,170;' 5
--
12e4M(14M.
ap e, uoun%y lls•d 6 .
3 0,1D.021:
gise°''-.715ca.
,it • ,
; rtillatV
%..r.y,POLD7 :
0.,1AWMfL
Lot 7, Block 2, VALLEY
Top of Block
SITE •
Locpitioxi
Oulf.A• A
/MA AIOAIAOM
•1111••nnnn
EXHIBItA
SifIceely, 1) " 14„:„
June 9, 1987
City of Eden Prairie
Board of Adjustments and Appeals
Please accept our request for a v
a
r
i
a
n
c
e
l
o
c
a
t
e
d
a
t
7
2
7
0
D
i
v
i
n
i
t
y
Lane. It has become quite clear t
h
a
t
t
h
e
a
d
d
i
t
i
o
n
o
f
a
d
e
c
k
t
h
a
t
would wrap around the southwest c
o
r
n
e
r
o
f
t
h
e
p
r
e
s
e
n
t
h
o
u
s
e
w
o
u
l
d
. offer a finishing touch to the ot
h
e
r
w
i
s
e
u
n
f
i
n
i
s
h
e
d
l
o
o
k
o
f
t
h
e
house. (Refer to pictures) It is
o
u
r
b
e
l
i
e
f
t
h
a
t
t
h
e
d
e
c
k
w
o
u
l
d
b
e
attractive and add a feeling of e
s
t
a
b
l
i
s
h
e
d
h
o
u
s
i
n
g
t
o
t
h
e
neighborhood.
The total height of the deck at
t
h
e
b
a
c
k
o
f
t
h
e
h
o
u
s
e
w
o
u
l
d
b
e
5
2
inches from the ground to the to
p
o
f
t
h
e
d
e
c
k
f
l
o
o
r
.
T
h
e
g
r
o
u
n
d
w
o
u
l
d
slowly rise to meet the deck at
t
h
e
f
r
o
n
t
e
d
g
e
.
T
h
e
s
o
u
t
h
f
a
c
i
n
g
section of the deck would only ex
t
e
n
d
1
0
f
e
e
t
w
i
t
h
f
o
o
t
i
n
g
s
a
t
t
h
e
8-foot mark.
Because of the angle and elevatio
n
a
t
w
h
i
c
h
t
h
e
h
o
u
s
e
s
i
t
s
,
o
n
e
n
o
w
sees the exposed concrete block a
s
t
h
e
e
d
g
e
o
f
t
h
e
h
o
u
s
e
w
h
e
n
v
i
e
w
i
n
g
our home from the street. The ad
d
i
t
i
o
n
o
f
t
h
e
d
e
c
k
w
o
u
l
d
c
h
a
n
g
e
t
h
e
view to that of the natural look
o
f
c
e
d
a
r
.
W
i
t
h
t
h
e
d
e
c
k
s
t
a
i
n
e
d
t
o
complement the house color and wi
t
h
b
u
s
h
e
s
a
n
d
s
h
r
u
b
s
p
l
a
n
t
e
d
a
l
o
n
g
the sloping edge, the addition of
t
h
e
d
e
c
k
w
i
l
l
o
n
l
y
e
n
h
a
n
c
e
t
h
e
appearance of the house and the n
e
i
g
h
b
o
r
h
o
o
d
.
W
i
t
h
t
h
i
s
i
n
m
i
n
d
w
e
ask you to approve our request for
a
v
a
r
i
a
n
c
e
.
John and Nancy McSwiggan
7270 Divinity Lane
Eden Prairie, Minn. 55344
937-9787
EXHIBIT B
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-274
A RESOLUTION CERTIFYING 1987 TAX LEVY,
COLLECTABLE IN 1988
BE IT RESOLVED, BY THE CITY COUNCIL of the City of Eden
Prairie, County of Hennepin, Minnesota, that the following sums of money
be levied for the current year, collectable in 1988, upon the taxable
property in said City of Eden Prairie for the following purposes:
General Fund
Bonds and Interest
Certificate of Indebtedness
1977 Fire Bonds
1980 Park Bonds
Fire Relief
Transportation System Bonds
1982 Building
1986 Fire Bonds
$ 5,967,200
400,000
90,000
420,000
10,000
400,000
450,000
200,000
$ 7,937,200
Funds have been provided for principle and interest payments
on all bond issues except as shown above and no other levies are
required.
The City Clerk is hereby instructed to transmit a certified
copy of this resolution to the County Auditor of Hennepin County,
Minnesota.
ADOPTED this 6th day of October, 1987.
Gary Peterson, Mayor
AT
SEAL
John D. Frane,City Clerk
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
Mayor and City Council
City Manager Carl J. Jullie
Follow-up on Budget Discussions
October 1, 1987
During its discussion on the proposed 1988 budget on September 22, the City
Council made several changes which resulted in expense reductions of
approximately $400,000, or what could be estimated as one mill on the
City's tax rate. This memorandum summarizes the changes and responds to
requests for additional information. The budget as revised shows expenses
of $10,403,200, a tax levy of $7,937,200, and anticipated 19,945 mill rate.
City Hall Fund: This $239,000 expense has been deleted. The Residents
Advisory Committee on City Administrative offices expects to present its
report to the City Council at a meeting in November.
Waste Disposal Charges: Several questions arose about waste disposal
costs, primarily in the Community Services Department. Some confusion
exists because two types of wastes are being accounted here: solid waste
and sanitary wastes (i.e., Satellites). These costs will be presented
separately in the future.
Solid wastes have been delivered to the Reuter, Inc. facility for about a
month on a trial, experimental basis. If we are allowed to continue
dumping there, we could realize a savings of about $5,000 in disposal fees.
Since this is experimental it would be prudent to continue anticipating the
fees associated with landfill disposal.
Diseased Oak Removal: Diseased oaks can be cut into firewood. If a
property owner chooses not to use diseased oak as firewood, the tree is
chipped.
Community Center Carpet: This $13,600 outlay for carpet replacement has
been delet -E17-71 does not present a safety hazard if it is not replaced.
It is prudent to consider this item for the 1989 budget after repairs to
the building are completed.
Adaptive Recreation Program: Council asked for information regarding the
use of the Bloomington/Richfield program and the amount of fees paid by
Eden Prairie residents to participate. A report will be presented Tuesday
night responding to these questions.
Community Theater: The Community Theater has not reached a decision about
whether it will continue operating in 1988. Some residents who have not
been affiliated with the organization have expressed an interest in
revitalizing it.
Police/Fire/Public Safetyi A separate memorandum on the name and uniform
changes is included in your October 2 For Your Information " packet.
The number of police officers will be seven (rather than six) new positions
which will be filled at different times during the year. Funds for
-7 0
-2-
uniforms were changed to $42,000 under Account 4224-Uniforms.
T
h
e
d
a
t
a
processing maintenance line has been changed to $21,800 to incl
u
d
e
a
n
expense which was omitted.
The $8,000 expense for training in the Fire budget has been tra
n
s
f
e
r
r
e
d
t
o
the training account in the Employee Benefits and Training budge
t
.
Drainage Fund: This fund has been reduced to $10,000.
Equipment: The amount for new vehicle purchases in 1988 has been reduce
d
from $31,000 to $21,000, and a $1,000 saving is reflected in red
u
c
i
n
g
t
h
e
number of radios from four to three.
Legal Counsel: The amount for services has been reduced from $140,000 to
,000.
Public Information: The overall amount in this budget has been reduced
from $101,800 to $26,100. Three changes are recomended beyond t
h
e
c
h
a
n
g
e
s
made by the Council. First, $1,000 should be included for Cable
T
V
c
a
m
e
r
a
operators for production of the cable "Happenings" show. Second,
t
h
e
Southwest Suburban Cable Commission has informed us that the Cit
y
'
s
c
h
a
r
g
e
for administration of the franchise wil be $10,700, or $700 more
t
h
a
n
s
h
o
w
n
in the proposed budget. Finally, a City contribution of $7,000 f
o
r
l
o
c
a
l
access programing assistance will not be necessary as anticipated
f
r
a
n
c
h
i
s
e
fees due the City had already been deducted; therefore, it would
b
e
appropriate to delete this $7,000 expense.
Car Allowance: Nine Department Heads, including the City Engineer, are
provided a car allowance of $165 per month. This rate has not be
e
n
c
h
a
n
g
e
d
since January 1983. A quick survey of Apple Valley, Bloomington,
Burnsville, Golden Valley, and Richfield shows that their allow
a
n
c
e
s
r
a
n
g
e
from $200 to $305 per month. In order to keep pace with other
c
o
m
m
u
n
i
t
i
e
s
,
mileage line items in the 1988 Budget do reflect an incrase in
t
h
e
r
a
t
e
from $165 to $200/mo.
Revenue: Three changes are shown in revenue. First, the cable fr
a
n
c
h
i
s
e
Te-J-5-be collected have been increased from $24,000 to $29,000. The
revenue from general property taxes for the general fund has be
e
n
r
e
d
u
c
e
d
from $6,106,900 to $5,967,200. Finally, the transfer from the
f
u
n
d
b
a
l
a
n
c
e
would be increased from $300,000 to $307,900.
Attached are revised pages 1 through 5 of the 1988 City Budget.
A
f
i
n
a
l
draft of the entire budget document will be prepared following C
o
u
n
c
i
l
approval on October 6.
CJJ:jdp
Attachments
BUDTAX
1988 EDEN PRARIE BUDGET
ASSESSED VALUATIONS, TAX LEVIES AND MILL RATES
(shown by year of tax collection)
ACTUAL
ACTUAL
BUDGET
BUDGET
1985
1986
1987
1988
ASSESSED VALUATIONS
REAL PROPERTY
301857834 354893262
424305359 498522480
PERSONAL PROPERTY
9462193 10108440
10764018 10764018
GROSS VALUE
FISCAL DISP CONTRIBUTION
FISCAL DISP DISTRIBUTION
T I F CAPTURED VALUE
NET VALUATION
TAX LEVIES
GENERAL FUND
FIRE RELIEF
1986 FIRE BONDS
CERTIFICATES
CITY HALL FUND
1977 FIRE BONDS
1980 PARK BONDS
TRANSPORTATION BONDS
CITY SERVICES BONDS
TOTAL TAX LEVIES
311320027
-40692057
7950654
-26122325
....IT.... 3.=
3386000
70000
0
251200
60900
379100
400000
499300
5046500
365001702
-50091923
8980051
-36795667
4098000
70000
0
420000
100000
400000
200000
410000
5718000
435069377
-63788893
11798433
-41384093
4660000
50000
210000
310000
80000
410000
400000
460000
........
509286498
-83101066
13752720
-42052080
397886072
5967200
10000
200000
400000
90000
420000
400000
450000
252456299 287094163 341694824
6580000 7937200
MILL RATES
GENERAL FUND
13.54
14.25
13.62
14.997
FIRE RELIEF
0.32
0.24
0.15
0.023
1986 BONDS
0.00
0.00
0.61
0.502
CERTIFICATES
1.36
1.46
0.91
1.005
CITY HALL FUND
FIRE BONDS
0.40
0.35
0.23
0.226
1980 PARK BONDS
1.55
1.39
1.20
1.055
TRANSPORTATION BONDS
2.00
0.70
1.17
1.005
CITY SERVICES BONDS
1.74
1.50
1.34
1.130
TOTAL CITY MILLS
Page 1
20.91 19.88 19.23
xx
19.945
3426935
118775
338078
4020000
100000
3920000
80000
200000
6106900
100000
6006900
80000
200000
5967200
100000
5867200
80000
200000
BUDREVMGR
CITY OF EDEN PRAIRIE
1988 BUDGET
GENERAL FUND
REVENUES
ACTUAL ACTUAL ESTIMATED REQUESTED ADOPTED
1985 1986 1987 1988 1988
GENERAL PROPERTY TAXES
CURRENT
DELINQUENCY ALLOWANCE
NET CURRENT 2729874
DELINQUENT COLLECTIONS 77354
PENALTY & INTEREST 285560
TOTAL TAXES
3092788 3883788 4200000 6286900 6147200
REVENUE FROM GOVT AGENCY
LOCAL GOVT AID 273984 306875
324600 324200 324200 POLICE PENSION 66380 83569
100000 120000 120000 RECYCLING GRANTS
HOMESTEAD CREDIT 487733 581743 640000
CIVIL DEFENSE 11465 16951 12000
12000
12000
TOTAL OTHER AGENCIES 839562 989138 1076600 456200 456200
LICENSES
LIQUOR & BEER
57015
72445
57000
73000
73000 BUILDING CONTRACTORS
10230
8260
8000
8000
8000 OTHER
16192
12200
12000
12000
12000
TOTAL LICENSES
83437
92905
77000
93000
93000
PERMITS & FEES
DOG REGISTRATION
BUILDING
PLANNING & ZONING
ENGINEERING & ADMIN
IMPOUND FEES
CABLE TV
OTHER
5173
1091915
42977
396296
1614
11125
4806
6000
1467236
1400000
50584
50000
108004
480000
3368
3900
29000
37084 30000
6000
1400000
50000
400000
3500
24000
30000
6000
1400000
50000
400000
3500
32000
30000
TOTAL PERMITS & FEES 1549100 1671082 1998900 1913500 1921500
* HOMESTEAD CREDIT IS INCLUDED IN AD VALOREM TAXES FOR BUDGET
0111`)
),4".
9685
14696
11799
91146
428346
3548
6110
709
3227
32176
11406
93834
400608
3487
9395
827
47600
107300
492900
3800
6000
12300
68000
166700
453800
49900
6000
2000
16000
68000
166700
453800
49900
6000
2000
16000
566039 554960
170498 238470
107118 103562
149060 177066
10000 320000
131360
60000
350420 497066
669900 762400 762400
240000 240000 240000
100000 100000 100000
0
0
10000
10000
10000
200000
200000
200000
60000
100000
100000
309200
300000
307900
579200 610000 617900
Page 2
REVENUES
ACTUAL ACTUAL ESTIMATED REQUESTED ADOPTED
1985 1986 1987 1988 1988
RECREATION FEES
SPECIAL EVENTS
PLAYGROUNDS
SKILL DEVELOPMENT
ORGANIZED ATHLETICS
COMMUNITY CENTER
HISTORICAL
PARK USE FEES
ADULT PROGRAMS
OTHER
TOTAL RECREATION
COURT FINES
INVESTMENT EARNINGS
OTHER FUND TRANSFERS
FED REVENUE SHARING
UTILITY OPERATING
T.I.F. ADMINISTRATION
LIQUOR OPERATIONS
FUND BALANCE
TOTAL OTHER FUNDS
OTHER REVENUE
SCHOOL LIAISON
3 2566
35237
36000
37000
37000
TREE & CHIP SALES
3000
3000
3000
MISCELLANEOUS
63551 21052
25000
25000
25000
LANDFILL FEES
205214 138203 0
TOTAL OTHER 301331 194492 64000 65000 65000
TOTAL GENERAL FUND 7060293 8225463 9005600 10527000 10403200
.3....C M
PAGE 3
1 c149)
19200
1373
116417
165953
311143
19200
38408
161290
190841
370593
54200
10200
125900
207900
385100
58400
52900
125700
257500
395500
58400
52900
125700
232600
395500
58400
52900
125700
232600
395500
82482 81480
116400
149100
139500
139500 387709 415189
440000
480600
475600
475600
42592
47800
68000
52000
52000 72864 89122
131000
129500
129500
129500 20452 21116
97300
112000
112000
112000 445181 454847
437300
509700
509700
496100 36411 42315
35700
43300
43300
43300 93899 116103
133400
184000
184000
184000 100615 125580
109500
140700
140700
140700 43455 40316
66600
74900
69900
69900
25900
25900
25900 6691 8299 12300
15800
15800
15800 138871 172634 173200
211600
181600
181600
82700
93700
93700
93700
60100
68800
68800
68800 202309 255199 301900
314200
314200
314200
1420345
35734
23703
205132
107046
315323
549380
392161
95190
103343
25291
359118
38956
109904
45890
13796
1500015
18082
29405
233481
108546
370518
637582
367253
72402
117752
43487
306038
46308
219713
52599
10022
1751800
16300
33100
308000
125000
494100
731800
390300
89000
125000
51900
347200
67700
100000
52000
32200
2084000
22300
36600
485500
138200
498100
967800
427300
157000
125000
56400
378500
77000
146000
274400
101800
1964500
22300
36600
408800
138200
498100
792800
427300
92000
150000
56400
370500
77000
146000
274400
101800
1971000
22300
36600
400800
138200
498100
777800
416300
92000
150000
56400
370500
77000
131000
274400
26100
812175 830275 977000 1094000 1094000 1102000 62463 71740 279700 455000 455000 455000
BUDEXPMGR
CITY OF EDEN PRAIRIE
1988 BUDGET
GENERAL FUND
EXPENDITURES
PAGE
LEGISLATIVE
6
ELECTIONS
7
CITY MANAGER
a
ASSESSING DEPT
9
BLDG INSPECTION DEPT
COMMUNITY SERVICES
10 ADMIN & PARK PLAN
11 PARK MAINTENANCE
11A PARK CAP. OUTLAY
12 FORESTRY
13 RECREATION ADMIN
14 COMMUNITY CENTER
15 BEACH
16 ORGANIZED ATHLETIC
17 RECREATION-YOUTH
la RECREATION-ADULT
19 RECREATION-ADAPTIVE
20 HIST & CUL ARTS
21 FINANCE
22 HUMAN RESOURCES
23 HUMAN SERVICES
24 PLANNING DEPT
POLICE DEPT
25 POLICE
26 CIVIL DEFENSE
27 ANIMAL CONTROL
28 FIRE
29 FIRE & POLICE BUGS
PUBLIC WORKS DEPT
30 ENGINEERING
31 STREETS & DRAINAGE
32 EQUIPMENT MNTC
33 SNOW & ICE CONTROL
34 STREET LIGHTING
35 P/W & PARK BLDG
SHARED SERVICES
36 GENERAL
:7 DATA PROCESSING
LEGAL COUNSEL
39 CITY OFFICES
40 PUBLIC INFORMATION
EMPLOYEE BENEFITS &
41 TRAINING
42 RESERVE
ACTUAL
ACTUAL BUDGET DEPT . MANAGER
1985
1986 (ADJ) REQUEST RECOMMEND ADOPTED
TOTAL GENERAL FUND 6959975 7680342 9000600 11036700 10527000 10403200
--------
3.
43 EQUIPMENT CERTIFICATES
page 4
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
DATE:
Mayor and City Council
Fire Chief Ron Johnson
Assistant to the City Manager Craig W. Dawsond)
City Manager Carl J. Jullie
Award of Contact for Fire Equipment
October 1, 1987
Bids were opened Monday, September 14, for five of the six new pieces of fire
equipment which had been proposed in the March 1986 referendum. The equipment
specified included the following:
Two Engines - These are two new pieces to the fire fleet.
They will have a pumping capacity of 1250 gallons-per-
minute. They are used as the first attack line on fires,
and are used for rescue, protection of adjoining property,
and fire suppression.
One Engine/Tanker - This truck would replace two tankers now
used by the City. It has the added capabilities of
producing more foam than engines and of carrying 2000
gallons of water. This equipment would be the first
response to areas without City water (e.g., Flying Cloud
Airport).
Two Heavy Rescues - One of these trucks would replace existing
equipment, and one is an addition to the fleet. They are
similar in size to engines and equipped to handle more
complex rescue situations. These rescues include cave-ins,
and automobile, industrial, and construction accidents.
The remaining piece of equipment is a ladder truck. It will be ready for bid in
a few months.
Bid Tabluation:
Bids presented were as follows:
1250gpmEngine
Custom Fire
Apparatus, Inc.
Engine/Tanker Heavy/Rescue
$ 165,820
2 @ $ 331,640
General
$ 155,285 ea;
$ 187,070
Safety Eqpt.Corp. 2@ $ 310,570
Luverne $ 137,702 ea;
$ 159,014
Fire Apparatus 2@ $ 275,404
Fire Safety Prod.
$ 167,359
2 @ $ 334,718
',16c15,
- 2 -
While Luverne Fire Apparatus submitted the apparent low bids for the two engines
and the engine/tanker, it was unresponsive to the specifications on a number of
instances. Cab to rear axle dimensions were short, an emergency engine shut-off
not provided, exhaust systems were not clear, pump and valve assemblies had
several deficiencies, the company proposed a 300-hp diesel engine for the
engine/tanker instead of the 350-hp capacity specified, and the shape of the
water tank for the engine/tanker was geometrically different. Because its bid
was unresponsive, Luverne was notified that its bid was being rejected in
accordance with the 10-day notification of rejection provision in the
Instruction to bidders.
The bids submitted by General Safety Equipment Corporation and Custom Fire
Apparatus, Inc. met all specifications. The bid prices are close to the
estimates for equipment cost.
Recommendation: It is recommended that agreements be executed with Custom Fire
Apparatus, Inc. for two Heavy Rescue Trucks and with General Safety Equipment
Corporation for two Engines and one Engine/Tanker, each in accordance with the
bids submitted and opened on September 14, 1987.
CWD:RJ:CJJ:jdp
4y44/4 lismAW
17 0.6 40,ted
ateklit
POPHAM, HAIK,SCHNOBRICH 6
3300 PIPER .JAPPRAT TOW
WAYNE G. POPHAM
RAYMOND A. X•111.
WOOER W. 3EHNOOR.C.
DENVER pAuFLIAN
ROIIIERY
ROL, A. wORDEN
O. MARC WN,EPIEAD
•RUCE D. WILLIS
FREDERICK S. PLCMAPDS
0.4700ER" JOHNSON
GARY R. LIACONISER
WORE', S. Su,
HUGH V. PLUNKETT, lit
FREDERIC", C.OPIOWN
TNOM AS P .
J AMES R. S II.E.LEN
J AMES S. LOCKNART
ALLEN VV. MINDERAPER
CLIFFORD ',GREENE
D . WILLIAM KAUFMAN
MICHAEL O. FREEMAN
HOWARD SAm myERS.,10
LARRY C. [SPILL
JA.NIC S. MAYERON
THONIAS J. BARRETT
JAMES A. PP, PE
DAVID A. JONES
LEE E.SHEENv
ALAIN FRECON
P ATIINCIA A. JENSEN
LESLIE GILLETTE
MICHAEL T. MLAN
ROWER' M. LYNN
THOMAS M. SIPP1PS
RODER" C. MOILANEN
TNOMAS F. NELSON
TNOMAS
DAVID L. NASNMALL
• EEN , M•PITIN
JONN C.CHILDS
DOUGLAS P. SEATON
THOMAS E. 3•1" NEM
MINNEAPOLIS, MINNESOTA
TELEPHONE
812-333-4800
TELECOPIEP
012 - 334 -ET,
SUITE 2800
1200 SEVENTEENTH STRE
DENVER. COLORADO SC
TELEPHONE 303-003-121
TELECOPIER 303-893-21
SUITE 300 SOUTH
1600 0 STREET. 0.0.
WASHINGTON, D. C. 20
TEL EPRONE 202 -826 -S3
TELECOPIER 202 -028 -S
DIRECT DIAL NUMB
-..MICRAEL SCRWART2
LPRAYE M. OS•ORNE
TOOD PP-JOHNSON
OP <Our.,
FRCO L. MOIRRISON
October 2, 1987
Mr. Carl Jullie
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mr. Jullie:
I spoke today with Mr. Dawson, and with one of your city
attorneys, Mr. Rick Rosow. I was unable to talk with the Fire
Chief, but left a message.
My client Luverne Fire Apparatus, has had its bid rejected
entirely by the City for failure to meet specifications.
My client has been given no opportunity to answer the
claims made as a basis for rejection. I enclose a copy of my
client's response and I ask that this response be considered by
both staff and the city council before any bid is awarded.
I also wish to point out that Minn. Stat. 471.35 (1986)
prevents the City from creating specifications "proposed so as to
exclude all but one type . . . Cand]. . . shall include
competitive supplies and equipment." The City should seriously
consider whether it's specifications have complied with this
statute. Based on the responses provided by my client, it is my
opinion that the city's specifications may well violate this
provision.
PORHAm, HAIK.SCHNOBRICH & KAUFMAN, LTD.
3300 PIPER JAFFRAT TOWER
WAYNE G. PORKAm
RAyMOND A. mA n A
RODER w. scHNOBRICH
DENVER KAuFm•N
RO•MT •.miNfSH
ROL, A.WORDEN
0.MARC W 1.0TEHCAO
•RUCE D.W1LL.S
PRIMERICA S. RICHARDS
O. ROSIEFIT JOHNSON
CARY P. MACOMBER
MSC., S. !WHIN
HUD. V. PLuNKETT,H1
FREDEDICK C. BROWN
THOMAS K. BERG.
J AMES FI.STE1 LEN
JAMES •. LOCKMART
ALLEN W. HINDCRAKER
CLIFFORD M. ORCENE
D. WILLIAM KAuFMAN
MICHAEL O. FREEM•N
MOVIAPID SAM myERS.10
LARRY D. ESPEL
J ANIE S. MAYERON
THOMAS J. B•PRET
JAMES A. PAYNE
DAVID A.JONM
LCC E. SHEENY
ALAIN FRCCON
PATR,C$A A. JENSEN
LESLIE 0
ROBERT M. LYNN
THCHAAS HI. SIMKINS
ROBERT C. MOH.ANEN
THONIAS HEL.SON
THOMAS J. MACHO
DAVID L. NASHMALL
K•THLECH 0.1•RTiN
J OHN C.CNILDS
DOUGLAS P. SEATON
THOKAS C. SANNER
RiCHARD A. KAPLAN
SRUCE • mcil•HEETERS
OAR,. D. SLAG K FORD
SCOTT E. RICHTER
PAUL J. LINS TROTH
SCOTT •.
IEL:CASETH A. THOMPSON
ACITH J. NALL6LAND
MARK S. PETERSON
D. RANDALL BOv ER
•RIAN N. JOHNSON
TIMOTHY W. ALMA
CAROL •. SWANSON
SPIUCE A. PETERSON
JULVE A. SWEPT CCM
THOMAS C. M I ELEN HAUSEN
KATHLEEN A. •LATS
MICHAEL D.CMRISTENSON
J. MICHAEL SCHWAN,.
LARATE DI.OSBORNE
TODD MI.JOYINISON
JEF•FIET P. CAIRN•
LOWS P. SAINT
FRANCIS J. CONNOLLY
•RUCE M. LITTLE
MARA F
RUSSELL S. PONESSA
•RTAN L. CRAWFORD
DAVID A. RYDEN
MATTNEW C. DAMON
JOHN W. PROVO
GREGORY D. BROOKER
WILLIAM M. 0 HLE, JR.
TERRANCE A. COSTELLO
JOSE.PM D. VASS
SPAN W. OHM
STEVEN A. CHELESH n K
OREDORT G. SCOTT
SMARON N. •ULLMER
DP DOUNIVEL
FRED L. MORRISON
MINNEAPOLIS. MINNESOTA 55402
TELEPHONE
632 -333 -4800
TELECOPIER
G12-334-2713
SUITE 2400
.200 SEVENTEENTH STREET
DENVER, COLORADO 80202
TELEPHONE 303-693-1200
TELECOPIER 303-893-2194
SUITE 300 SOUTH
!SOO M STREET. N.W.
WASHINGTON. D. C. 20036
TELEPHONE 202-828-5300
TELECOPIER 202- 828 -$319
DIRECT DIAL NUMBER
October 2, 1987
Mr. Carl Jullie
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mr. Jullie:
I spoke today with Mr. Dawson, and with one of your city
attorneys, Mr. Rick Rosow. I was unable to talk with the Fire
Chief, but left a message.
My client Luverne Fire Apparatus, has had its bid rejected
entirely by the City for failure to meet specifications.
My client has been given no opportunity to answer the
claims made as a basis for rejection. I enclose a copy of my
client's response and I ask that this response be considered by
both staff and the city council before any bid is awarded.
I also wish to point out that Minn. Stat. 471.35 (1986)
prevents the City from creating specifications "proposed so as to
exclude all but one type . . . (and]. . . shall include
competitive supplies and equipment." The City should seriously
consider whether it's specifications have complied with this
statute. Based on the responses provided by my client, it is my
opinion that the city's specifications may well violate this
provision.
kl**IW\iz?-t
Thomas, Bhrrett
Mr. Carl Jullie
October 2, 1987
Page Two
I look forward to talking with you at your earliest
convenience.
Very truly -yours,
TJB/d1b/3722j/Enclosure
cc: Fire Chief
Rick Rogow
LUVERNE FIRE APPARATUS CO., INC.
P.O. BOX 437 • LUVERNE, MINNESOTA 56/56 • (507)283-4485
September 28, 1987
Mr. Tom Barrett
Minneapolis. MN 55440
RE: Eden Prairie Fire Apparatus Bid
Dear Mr. Barrett:
This Is a reply to the City of Eden Prairies rejection of our
bid.
The Eden Prairie specifications, in our opinion, were
that of General Safety Equipment Corporation located in
North Branch, MN. The required pictures referred to in
the specifications could only be provided by General
Safety. They are the only manufacturer to build this ex-
act style at this time. We provided pictures of Luverne
Fire Apparatus Co., Inc. trucks. The drawings of the
proposed compartments indicate style and size which meet
specifications of Eden Prairie.
2. Cab to rear axle dimensions are written on the drawings
as 151" cab to axle on the tanker and 101" cab to axle
on the pumpers.
We are unable to find any specifications which require a
4" addition between front and rear cab doors or a 6" ad-
dition in the pump panel area. Luverne specification
Section #20.00 states, Construction of an extended 4 door
cab, which meets Eden Prairie specifications of 2.11. We
feel all specifications are met.
3. Emergency engine shut off was not listed as a deduct Item
since it is not available from Ford Motor Company. The
exception was listed in the exception and clarification
section. See attached letter from Ford Motor Co.
4. Radiator shutters were not listed as a deduct item since
they are not available from Ford Motor Co. The exception
was listed in the Exception and Clarification section.
See attached letter from Ford Motor Co.
5. Vertical exhaust stacks were included in chassis
specification. There was no deduct to convert to a right
side discharge In place of vertical stack since the
chrome exhaust stack would be used as a discharge pipe
ending in front of right rear wheels. No additional
charge for either exhaust system.
6. Waterous midship pumps are not available to Luverne Fire
Apparatus Co.. Inc. Luverne uses Hale pumps with Akron
valves. The Waterous pump and valves are not available
for our purchase, because of a franchise agreement with
th competitor.
a.b.c. There are four major pump manufacturers in the United
States. They are Hale, Waterous, Darley, and American
Godiva. Only Waterous uses a chain drive pump. Only
Waterous uses a flame hardened impeller and a separable
impeller shaft.
A Hale pump is gear driven, uses a hard, fine grain
bronze, double suction impeller. The Hale pump is U.L.
rated and meets all N.F.P.A. 1901 performance standards.
d. Panel mounted strainer for relief valve is not required
with a Hale pump.
e. The Hale pump does not require an On/Off control for the
relief valve. The relief valve is on at all times to
provide better protection for the pump and the fire figh-
ter manning the hose.
F. Two light - open/closed system for relief valve is in-
cluded in Luverne Fire Apparatus Co., Inc. specifications
section #I.5 as bid.
g. Electric Pump Shift: Hale uses an air pump shift which
has warning lights as required, (See section 1.21).
h. The manual override on pump shift is included in Luverne
Fire Apparatus Co., Inc. bid specification. section
#1.20A.
SincerelP,
a_
J‘/Steiien Reedy
V ce Pres./Gen. Mgr.
Luverne Fire Apparatus Co., Inc. bid specification li
s
t
e
d
Akron ball valves. Akron valves are brass with a
s
y
n
-
thetic ball and seat. Akron valves are available thr
o
u
g
h
any fire apparatus or equipment dealer and are used
n
a
-
tion wide by all manufacturers. We feel Akron valves
a
r
e
equal to Waterous. Hale, or Darley and competiti
v
e
l
y
priced and easier to repair. This section is als
o
i
n
conflict with 3.4 line 1 which requires an Elkhart
W
9
8
3
brass ball style tank suction valve. Waterous Pump
C
o
.
does not make Elkhart ball valves. This sentence ma
k
e
s
compliance with 3.4 par. 9 impossible.
Locking devices for discharges are separable from va
l
v
e
assemblies. Locking devices for Akron valves
a
r
e
separable from the valve assemblies. However, we do
n
o
t
find this requirement in the Eden Prairie specificatio
n
s
.
Leverage required to operate discharge valves wou
l
d
b
e
consistent with the size of the valve, and the pre
s
s
u
r
e
applied against the valve by the pump.
The basic operation of all fire pumps is the same
.
T
h
e
pump panel layout would be as specified. There wou
l
d
b
e
less training time and confusion with a Hale pump,
s
i
n
c
e
there is no On/Off relief valve control to operat
e
,
n
o
strainer to clean, and no pump transmission oil pre
s
s
u
r
e
gauge to monitor.
7. The 300 Horse Power engine was bid as it is the la
r
g
e
s
t
Cummins engine available with an automatic transmis
s
i
o
n
in the specified chassis. Please see attached letter
from Ford Motor Co.
8. The 2000 gallon half oval tank was bid as an alternat
e
t
o
the specified Tee shaped tank. The exception was li
s
t
e
d
in the exception and clarification section.
Enclosures
k.
1
J5R/pne
BEN NUR FORD SALES, INC.
4101 West 41st Street
SIOUX FALLS, SOUTH DAKOTA 57116
(605)361-0361
FORD
September 28, 1987
Luverne Fire Apparatus Co., Inc.
308 E. Maple
Luverne, MN 56156
Attn: John Neihart
Dear John:
The Eden Prairie, MN Fire Department specifications contain four (4)
items that are NOT available from the Ford Motor Co.
1. MT-697 Allison 4-speed automatic transmission. This transmission
has a maximum rating of 780 ft. lbs. of torque. The specified
Cummins Engine has an output of 950 ft. lbs. of torque. This is
a complete mismatch. The furnished Allison MT-654CRis compatible
to the specified engine and available from Ford Motor Co -.
2. The emergency shut off called for is not available from Ford.
The Cummins people advised that it is available as a special add
on but does not recommend it. Ford will NOT WARRANTY it.
3. Radiator shutters are not available from Ford and are not available
from Cummins. If installed locally, the warranty would be void by
Ford and Cummins.
4. MT-740 - There is no such transmission. There is a HT-740. This
is not available from Ford. A local change out would void Ford's
warranty on any modified components. The 300 HP Cummins and MT-654CR
transimission was bid as the only available engine-automatic trans-
mission combination. These chassis specifications were written with
out consulting Ford Motor Co. We bid these units to Luverne Fire
Apparatus Co., Inc., so there will be no questions as to warranty
and proper component combination.
Sincerely,
La"
BEN HUR FORD SALES, INC.
Truck Specialist
FORDIRUCK
LEASKIIRENTAL
SYSTal
af )
Ford Truck Sales Inc.
SEP 28 1987 740 South Concord Street —Phone (612) 450-1500
(South Concord and 1494)
South St. Paul, MN 55075
Minnesota WATS 1-800-832-6469
National WATS 1-800-328-7762
September 25, 1987
Luverne Fire Apparatus Co.
Box 437 308 E. Maple
Luverne, Mn 56156
Re: Eden Prairie Fire Truck Unite
Bid Date 9-14-87
Dear John:
There are four items in the specifications for these units that we can't get
in these particular models.
We cannot get the emergency shut-off systems celled for, the radiator shutters,
the MT 647 automatic transmission and the MT 740 automatic transmission.
If the components are changed from what was installed by Ford Motor Company those
components would not be covered by warranty.
sincerely, .
2.41.2.12,
Bill Miller
Sales Representative
Lakeland Ford Truck Sales, Inc.
BM/ks
M E 11 0 R A H U U
TO:
FROM:
THROUGH:
SUBJECT:
DATE:
Mayor and City Council
Assistant to the City Manager Craig W. Dawson
City Manager Carl J. Jullie
Leaf Recycling Collection Program
October 2, 1987
Background: Yard wastes represent a significant part of the solid waste
stream. Depending on the level of development and geographic
characteristics, yard wastes can compose from five to eighteen percent of
all solid wastes by weight. Generation of yard wastes is seasonal, with
peak amounts in the spring and fall. At these times, yard wastes compose
one-third or more of the solid waste collected.
Given this easily definable waste and the perception that it will be easy
to recycle, the Metropolitan Council has acted to ban yard wastes from
landfills beginning in 1990. Hennepin County has taken this one step
further, and will not accept yard wastes at any of its solid waste
facilities, either. The disposition of these materials will be the
responsibility of cities and refuse haulers.
Proosed Program: Staff has contacted two local firms about performing a
leaf/yard waste collection service in Eden Prairie this fall. Three
alternatives are viable.
First, along the lines of the proposal of Hoodlake Sanitary Services,
collection from the 9,000 or so residences to be served throughout the City
would be done on a Monday through Friday (or Saturday, if necessary) basis
over a two-week period. In accordance with the recommendaiton of the City
Forester, collection would be done from east to west, first south and then
north of Highway 5, so as to coincide with timing of leaf drop based on age
and species distribution in the City.
Second, along the lines of the proposal of Eden Prairie Sanitation,
collection from the affected residences would occur on the last two
Saturdays of October.
Third, collection could occur as a pilot project in areas with the most
dense cover of trees (as shown on the attached map). Depending on the
capaility of the contractor selected, this program could be accomplished
with either during-the-week or Saturday collection.
Timing and Publicity: If Council were to approve a program on October 6,
the program could begin during the week of October 19. Local newspapers
could have articles in their issues before the commencement date. A flyer
would also be inserted in the newspapers as an added reminder.
Responsibilities of Residents: Residents would place ya rd wastes only at
their curbs for collectinn, rhoy would n ,,ed to be in pl astic —gi-js,
biodegradeable bags, or loose in enclosed containers. Hennepin County has
offered 20,000 biodegradeable bags free of charge, but the logistics of
-2-
distribution are extremely difficult with so little time left for planning.
Only one pass by collection trucks would be made on each street.
Costs: Woodlake Sanitary Services has proposed a $60 per truck and crew
per hour charge. Its total cost, which it says is on the "high side", is
$12,000 to $15,000. It estimates a saving of $3,000 to $4,000 if the Eden
Prairie compost site were used rather than the County's Maple Grove
facility.
Eden Prairie Sanitation made no cost estimate in its proposal, and said
only that it could probably met or beat any other firm's price.
Printing and distribution costs for the flyers would be around $400.
Hennepin County administers three grant programs for recycling. The first
is a 50-cents/household grant for recycling planning and operation. The
second grant covers 50 percent of all costs after this 50-cents grant.
Based on the April 1987 Metropolitan Council estimate of households, the
first grant would amount to $5,900. Additionally, it gives a $4/ton
disposal grant; estimates on what the City would expect are difficult to
determine and thus not calculated.
Based on anticipated expenses and grant revenues, the cost of the program
would be as follows:
Expense
Collection $12,000
Staff Serv. 1,000
Printing 400
$13,400 - $16,400
Revenue
$4/ton grant
Household Grant $5,900
Operations Grant 3,750 - 5,250
$9,650 - 11,150
$15,000
The net cost of the program would be $3,750 to $5,250, less the $4/ton
grant.
The cost of the program would need to be appropriated from the General Fund
Reserve.
Disposal Site: Hennepin County will not accept bagged yard waste at its
Eden PraiFie-Tite. It has indicated that it will not provide staff to
burst open bags there, either. The City could be responsible for staffing
the site, but the logistics of lining up staffers (private groups or City
employees) for the duration of the collection period is difficult if the
program is to start the week of October 19.
Both haulers would not commit to having bags burst before they are loaded
into their trucks.
At the County's Maple Grove site, a prototype machine is in place which
will de-bag leaves. Although use of this site would increase
transportation costs, it will reduce costs to the hauler because collection
would occur more efficiently if it were not responsible for bursting bags.
Several scales are along the route to Maple Grove where loads could be
weighed for credit on the $4/ton grant.
Capabilities of the Firms: Uoodlake Sanitary Services has an extensive
f leet and staff' wiiich—ear-T-handle the day-to-day program and can augment the
collection effort if the going becomes slow. It will be performing similar
)c-t-1
- 3 -
programs for other cities.
Eden Prairie Sanitation would put ten trucks and up to 30 people
o
n
t
h
e
road. It estimates that it would be able to collect as many as
3
5
0
0
-
4
0
0
0
houses per Saturday if materials were properly prepared.
Given the high degree of uncertainty in terms of cost and what w
i
l
l
b
e
encountered with the leaf/yard waste collection program, it is re
c
o
m
m
e
n
d
e
d
that the firm with greater flexibility, Woodlake Sanitary Service
s
,
b
e
selected.
Recommendation: It is recommended that a pilot or City-wide leaf
collection and recycling effort be undertaken, with Woodlake Sani
t
a
r
y
Services providing collection services in accordance with its prop
o
s
a
l
a
n
d
with disposal to occur at the Hennepin County Maple Grove composti
n
g
facility. It is further recommended that the agreement for servi
c
e
s
n
o
t
exceed $14,500 in order to conform to statutes regulating public
b
i
d
d
i
n
g
.
Finally, it is recommended that up to $5,000 be appropriated from
t
h
e
General Fund Reserve for this program.
1 7 3
Forested Residential Areas with Mature Trees
MIAL..4Pni Rztznni
SA1 ittsi 8n 01Roalia
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: CARL J. JULLIEG
CITY MANAGER
THRU: NATALIE J. SWAGGERT
DIRECTOR HUMAN RESORCES/SERVICES
DATE: SEPTEMBER 25, 1987
SUBJECT: STRATEGIC PLAN SCHEDULE REVISION
DATE TIME
11/3 Distribute Prework-(Strategic Planning Questionaire and
Myers Briggs Type Indicator)
11/11 Due back to consultant
11/20
(Fri.)
1 p.m.
to
5 p.m.
Session I: What Is Strategic Planning
-Group Prework results
-Information Gathering
11/21
(Sat.)
8 a.m.
to
Noon
Follow-Up Council: Share MB Indicator results, discuss
issues related to Strategic Planning.
11/24
(Tues.)
1 p.m.
to
4 p.m.
Follow-Up Staff: Share MB Indicator results, discuss
staff issues related to Strategic Planning.
12/4
(Fri.)
9 a.m.
to
5 p.m.
Session II: Getting Going
(All) -Ice breaking/working together
-Develop Mission Statement
-Assign subgroup work
12/5
(Sat.)
9 a.m.
to
Noon
Working session for Subgroup(s)
12/17
(Thurs.)
-0R-
12/18
(Fri.)
1 p.m.
to
8 p.m.
9 a.m.
to
5 p.m.
Session III: Developing the plan
-Subgroup report
-Issue identification/prioritization
-Goal setting - (1 to 3 years)
-Plan follow-up
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
Mayor and City Council
Chris Enger, Director of Planning
Carl J. Jullie, City Manager
September 21, 1987
PLANNING, PROCESSING, AND BUILDING OF AN EDEN PRAIRIE DOWNTOWN
From its inception, the Major Center Area (MCA) was planned as a "regional retail
center," or, "constellation center" to the Metropolitan Area. The primary area of
the MCA is about 1,000 acres in size. This is a huge commercial area, brought about
by the intersecting of major highways--Highway #5, Highway #169, 1-494, and future
Highway #212. The general development pattern of the MCA is fairly well
established, now, due to the number of individual large areas of development and
Planned Unit Developments now underway. These include Hartford-160 acres, Vantage-
110 acres, Wilson Ridge-60 acres, Super Valu-120 acres, Gelco-24 acres, Eden Prairie
Center-120 acres, Eden Glen-18 acres, Preserve Commercial Area F-22 acres, Preserve
Commercial Area G-30 acres, Castle Ridge-16 acres, MTS-160 acres, Edenvale Business
Center-100 acres, Northrup King Farm-200 acres, Menard's area-80 acres.
What the community of Eden Prairie is lacking is an identifiable community
"downtown." The Community Commercial shopping centers (Prairie Village Mall and the
Preserve Mall) provide commercial areas for parts of the community, but community-
oriented retail and services are not located in an identifiable area for the overall
community.
This community downtown (town square, village center, or main street area) can
become a reality within the MCA and the two areas can support each other. This
special area could evolve on either side of Singletree Lane, anchored on the east by
Eden Prairie Center, and on the west by the Purgatory Creek Recreation Area and Park
Plaza Development. The area could be made up of five to six major properties,
totalling 80-100 acres, and, after a successful start, add properties.
The property owners could join together with the City to form a property owners'
association for the planning and implementation of a special downtown area. The
group could jointly decide on goals, including land use, architectural and site
design, and public features, such as streetscape, parks, plazas, etc. Land use and
design, then, could be developed for the area by jointly formulating a Request for
Proposal (RFP) for Planning/Architectural firms. The Planning/Architectural
consultant could develop a general land use plan which would be oriented toward
Community Commercial uses, supported by Regional uses. The consultant chosen could
develop an architectural theme for the future buildings and common architectural
elements to be incorporated in each design within the "downtown."
The study could involve the design of public features such as the streetscape and
common exterior site elements to be included on each site. The study should also
result in the creation of a mechanism, or process, for review of individual projects
to assure that they help implement the overall theme of land use and design
f
e
a
t
u
r
e
s
of this special downtown area.
It is possible that additional properties could be incorporated in the
a
r
e
a
,
a
n
d
that possibility should be allowed and planned for in any study.
This special downtown area would provide a bridge between a future urban
p
a
r
k
/
p
l
a
z
a
on the west and the Eden Prairie Center on the east. It would be deve
l
o
p
e
d
w
i
t
h
land uses and a design theme to clearly be Eden Prairie's community down
t
o
w
n
a
r
e
a
.
It would be a magnet for activities, and it could be a modern expressi
o
n
o
f
E
d
e
n
Prairie's beginnings. This would be the appropriate place for street f
a
i
r
s
,
a
r
t
exhibits, crazy daze, town festivals, civic spaces, places, and events,
a
f
a
r
m
e
r
'
s
market, parades, gatherings, shopping--a retail, recreational, and civic f
o
c
a
l
p
o
i
n
t
for the community.
The reality of this type of place depends upon:
1) The market place
2) The desire of the property owners
3) The interest and support of the City, and,
4) The cooperation of all parties involved to make it their plan, not
any one specific entity's plan.
Process:
1) Gain consensus of property owners
2) Gain consensus of City Council
3) Jointly form and endorse a common goal
4) Jointly develop a Request for Proposal for a private
Planning/Architectural firm
5) Jointly select a design consultant
6) Jointly review, approve, endorse, and commit to a design product,
process, and implementation for a special "downtown Eden Prairie"
within the Regional Major Center Area.
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
Mayor and City Council
Chris Enger, Director of Planning
Carl J. Jullie, City Manager
September 21, 1987
Height Planning in Major Center Area
Building mass, density, and height in the Major Center Area (MCA) will shape the
most visible image of the community. Eden Prairie has the opportunity to make
choices as to the form of the community. The City already enjoys the reputation of
being one of, if not the, premier example of the developing communties for
development standards. The City's long-standing posture on proper land uses,
systems planning, high quality design, and plans sensitive to the natural landscape
have helped preserve a character for Eden Prairie, which is bettered by none in the
Metro Area. Eden Prairie is looked to as a leader and trend-setter of the
developing communities.
When you leave Eden Prairie, then return, you are struck by the fact that the
development of the community, although more than one-half completed, does not
dominate the landscape. The woodlands, hills, ponds, streams, lakes, and open
spaces still are the predominant characteristics of Eden Prairie, and they represent
the image that you perceive as you enter the community. Even the existing large
office buildings are not of a size, height, or density, to over power their open-
space/campus-like/wooded/lakeview settings. Eden Prairie is achieving "the best of
both worlds"--a proper relationship and blending of the built/urban and natural
environment. As an element of urban development, this balance is Eden Prairie's
strongest physical characteristic.
Market forces are in motion that will allow the City to make choices about the
character of the community. The same market which is influencing the construction
of a 30-story office building will, in the near future, affect Eden Prairie. The
City of Bloomington has made a conscious choice. The Bloomington officials feel
that the City is the third Metropolitan City and they want to compete head to head
with Minneapolis and St. Paul. This is a very strong, active stand, made possible
by the natural trend of major office developers fleeing the problems of the center
cities for the perceived advantages of the suburbs. The intensity of development
along the 1-494 strip in Bloomington is resulting in major traffic problems for the
southwest communities. Unlike Minneapolis and St. Paul, the commuter population has
not evolved in the suburbs as it has in the central cities. There is not a strong
transit participation between suburbs as has been established for those working
downtown. Bloomington has chosen and accepted the look of Minneapolis and St. Paul.
The size of the buildings is such that they are dominant features on the land and
visible for many miles.
Eden Prairie is, so far, a direct contrast to the Bloomington major city approach.
The community is responsible about road sytems, traffic, density, setbacks, and the
relationship to hills, lakes, and wooded areas. The height of the buildings has not
been of a scale to overwhelm natural features which have been preserved and thus
does not dominate the landscape. Buildings in the MCA are not visible beyond Eden
Prairie's boundaries and not generally visible from most of the City's residential
areas. The residential sections of Eden Prairie are nestled into the natural
features and visually appear to be fairly well isolated from the high density MCA.
In those cases where residential areas are adjacent to commercial properties, the
buildings have been planned not to exceed five stories. Although the MCA does not
visually impact the residential portions of Eden Prairie, it is of a size and
density to be a clear focal point from along the major highways leading into the
commuity. So then, at this point, all of the best elements contributing to Eden
Prairie's existing character are in place.
There is an easily identifiable business area integrated into the natural features
within the MCA that does not dominate the natural landscape of the community.
Choices made on future proposals will determine whether Eden Prairie can retain this
enviable balance. The "next level" of office building will be in the 15-30 story
range. The Wilson Ridge building is the City's tallest existing building at nine
stories. The Wilson Ridge building is a good visual milestone to use when thinking
of the impact of 30-story buildings on the community.
The Board of Appeals has asked that the issue of height within the MCA be studied on
a broader basis, rather than case by case. Now is a good time to deal with height
variances from the Code maximum of 30 ft. in the MCA, because there is the
opportunity to establish a meaningful policy before specific requests are made for
taller buildings. Establishing a policy will be a pro-active move to shape Eden
Prairie's future character.
The absence of a policy indicates that any height is possible depending upon the
plan a developer proposes. Because of the scale of a project, big money ($35 - 100
million dollars) will have been invested by the time a project is ever brought
before the City Council. The City could find developers intractable if changes are
requested by the City Council. By the time developers have been involved in a
project for several months. Future City Councils will also have great difficulty
making overall policy determination such as maximum heights on a project by project
basis.
Although development in Eden Prairie is, on the whole, excellent, not everything is
attractive to all. Most of these buildings are not of a size that can be seen, nor
do they influence much from any great distance. Hence, the issue of taste is not so
critical. The City will not have great control over the aesthetics of a building,
but the larger and especially taller, it is, the more imposing it becomes for a
greater distance. The taller a building is, the more important the aesthetics
become due to greater visibility of the structure. However, the larger the project,
the less impact the City has traditionally had on design.
A height policy could help shape the City as desired by community leaders and would
give developers clear signals before expensive plans were developed, and, therefore,
be an advantage.
A policy could take any number of forms. For example:
1. Buildings in the MCA could all be planned for a certain number of
'1 rITI
stories, say, for example, twelve stories. This would have the
advantage of treating all property owners the same with regard to
height, but still provide an interesting skyline because of
differing first floor elevations.
2. A maximum height elevation could be set, for example, the top
elevation of the Wilson Ridge building. The advantage to this would
be a clear idea for the City of what the maximum consistent MCA
height would be.
3. A maximum height curve, which would allow taller buildings in the
center of the MCA and shorter buildings toward the boundaries next
to residential and natural features.
4. Different heights in different quadrants of the MCA based upon
relationship to different land uses.
5. Adherence to Eden Prairie's current Code requirement of three-
stories, or 30 feet, maximum height.
6. Unlimited height.
If the Council so directs, the City Staff is prepared to explore any of these
alternatives further and present recommendations.
cf '2 LoJj
MEMORANDUM
e- TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Parks, Recreation and Natural Resources Commission
Carl Jullie, City Manager
Bob Lambert, Director of Community Services
August 21, 1987
Report on Park Bond Referendum Voter Survey
On May 19, 1987 the City Council authorized staff to conduct a survey of the
individuals that voted on the March 19, 1987 Park Bond Referendum. The City staff
contacted Bob Slocum of Carmichael Lynch Advertising, Inc. to assist in the
development of an unbiased survey that would assist the City Council in understanding
why individuals either supported or did not support the park bond referendum. The
information obtained from this survey would hopefully help the City Council determine
whether or not another referendum should be proposed and, if so, what items should be
included on that referendum.
Attached to this memo are two copies of the survey; one copy ind icates the total
number of responses to each of the questions from the 771 yes vo ter responses; the
other copy indicates the total mumber of responses to each quest Ion from the 816 no
voter responses to the survey.
or On March 19, 1280 citizens voted no, while 1238 voted yes on the referendum. This
totalled 2518 voters for approximately 16% of the registered voters.
Mr. Slocum estimated that 25-30% of the voters might return the survey; however, 63%
of the surveys had been returned as of August 6th. Of the 1587 surveys returned, 771
were yes voters; 816 were no voters.
The following chart compares the percentage of "yes voters", "no voters" and "all
voters" who strongly or somewhat favored the various projects proposed on the March
19th referendum to those who strongly or somewhat opposed those issues.
(As an example: 64% of the "yes voters" favored the ice rink addition to the Community
Center, 7% of the "no voters" favored the ice rink addition and a total of 35% of "all
voters" favored the ice rink addition. This compares to 14% of the "yes voters"
opposed the ice rink, 79% of the "no voters" opposed the ice rink, and 47% of "all
voters" opposed the ice rink.)
MARCH 19, 1987 PARK BOND REFERENDUM SURVEY
1,238
voted yes
1,280
voted no
42
vote difference
16% of registered voters voted in this referendum
63% of those who voted responded to the survey (1587)
' 771 yes voters (49%)
816 no voters (51%)
Strongly or Somewhat Favored
Yes Voters
No Voters Ali Voters
Ice Rink
64%
Gym
74%
Track
63%
Aerobic Room
68%
Adult Locker Rooms
72%
Children's Play Area
66%
Miller Park
81%
Preserve Park
65%
Red Rock Park
65%
Prairie East Park
63%
County Road 4 Trail
81%
County Road 1 Trail
77%
Hidden Ponds Park
72%
Softball Fields 69%
Purgatory Creek Rec Area 66%
7%
35%
9%
41%
9%
33%
9%
38%
10%
40%
15%
40%
22%
50%
18%
41%
19%
41%
19%
40%
36%
58%
36%
56%
30%
50%
15%
18%
41%
41%
*****************************************************************************
Strongly Agree or
Somewhat Agree
Had Sufficient Info
Would Support Some
Concern Over School Ref
Taxes Too High
Favorite Project Not
on Referendum
Too Many Athletic Fac
Enough Parks Now
Too Many Non Residents
Yes Voters
80%
70%
50%
33%
7%
24%
7%
27%
No Voters
78%
61%
70%
85%
12%
75%
65%
52%
All Voters
79%
65%
60%
59%
10%
50%
37%
40%
STRONGLY OR SOMEWHAT OPPOSED
Yes Voters
No Voters All Voters
Ice Rink
Gym
Track
Aerobic Room
Adult Locker rooms
Children's Play Area
Miller Park
Preserve Park
Red Rock Park
Prairie East Park
County Road 4 Trail
County Road 1 Trail
Hidden Ponds Park
Softball Fields
Purgatory Creek Rec Area
14%
79%
47% 7%
73%
41% 10%
75%
43% 7%
71%
40% 6%
68%
38% 6%
60%
34%
3%
54%
29% 2%
50%
27% 2%
48%
26% 2%
49%
26% 2%
42%
23% 2%
42%
23% 4%
44%
24%
8% 63% 36% 5% 55% 20%
-‘7
STRONGLY OR SOMEWHAT DISAGREE
Yes Voters No Voters All Voters
Had sufficient Info 12%
12%
12%
Would support some 9%
21%
15%
Concern over school ref 18%
10%
14%
Taxes too high 15%
2%
8%
Favorite Project not on ref 49%
24%
36%
Too many athletic facilities 49%
5%
27%
Enough parks now 77%
15%
45%
Too many non residents 28%
7%
17%
OPEN ENDED QUESTION
The open ended question "the major concern I have relating to the City park system and
any future park referendum is," initiated a great deal of response and, in fact, was
probably the major reason for the high percentage of response to this survey. The
"no" voters provided 66 type written pages of response to that question, while the
"yes" voters provided 36 type written pages of response to that question. The
majority of the "no" voters were more strongly opposed to the major elements of the
referendum than were the "yes" voters, which can be determined by comparing the high
number of responses under the strongly opposed columun of the "no" voters compared to a more even distribution of responses by the "yes" voters, as well as the higher
response to the open ended questions by the no voters.
City staff has on record 98 type written pages of responses from the surveys that is
r available for review, but has chosen to summarize the comments for this report, as
many of the responses were obviously duplicates.
"NO" VOTER COMMENTS ON SURVEY
Number of Responses Summary of Comments
1. 139 Taxes are too high.
2. 60
Schools are a higher priority, wait until after the school bond
referendum.
3. 52 Roads and City water systems are a higher priority than parks.
4. 46
There was too much on this referednum at one time. Future
referendums should be smaller amounts.
5. 42 City should not compete with private health clubs.
6. 61 Oppose the Community Center expansion.
7. 36
We need more family oriented parks and facilities that serve the entire community, not special interest groups.
8. 33 Too many non-residents use our recreation facilities.
9. 25 People don't use the trails we have.
10. 36 City has enough parks now.
11. 23 We need more parkland.
12. 23 Opposed a second sheet of ice.
13. 21
Need to provide better park maintenance before asking for more
parks.
14. 20 The City is wasting money on this survey.
15. 19 We need more parks in eastern Eden Prairie.
16. 16 Charge non-residents for using our facilities.
17. 12
Oppose the park bond referendum because the City Hall was voted
down and yet City staff moved to a new building.
n •
CN -1—
18. 10 We don't need so much so fast and we don't need to be the best.
19. 9 Trails and safety come first.
20. 9 Need to provide better maintenance at the Community Center.
21. 7
Repair the,existing water problems at the Community Center before
expanding.
22. 7 City should slow growth and let facilities catch up.
23. 6 Need more youth facilities, less adult facilities.
24. 5 Oppose the referendum because of rude City staff.
25. 5 Oppose the park referendum because of poor City planning.
26. 3
Need to take better care of the trees and shrubbry within the
park system.
"YES" VOTER COMMENTS ON SURVEY
Comment Summary
We need more youth athletic facilities.
Keep parkland development at pace with City growth.
Taxes are too high, but....
The City needs to develop more family oriented general public
recreation facilities and fewer athletic facilities.
Support bicycle trail development.
We moved here because of the quality of parks and schools, City
must keep pace with development.
There is too much on this referendum. Future referendums should
be smaller amounts.
Acquire land and park facilities before it gets too expensive.
Support the park development portion of the referendum.
Favor the Communtiy Center expansion portion of the referendum.
There is too much adult athletic use of the parks.
We oppose the Community Center expansion.
Favor the ice rink expansion.
Too many non-residents are using our parks.
Plan for tomorrow today.
City concentrates too much in the northwest quarter of the city.
City needs better swimming facilities. (Several mentioned
outdoor swimming pools.)
City needs better maintenance of the parks.
City is growing to fast. City Council should slow growth.
Oppose a second sheet of ice at the Community Center.
Concern over the condition of the Community Center walls. Should
fix the leaks before the expansion. Also concern over the
maintenance of the Community Center (this is directly related to
the water problems).
Quality of life in Eden Prairie is improved with high quality
park system.
Need more wildlife preservation areas in the park system.
Need more adult facilities.
Need more parks in eastern Eden Prairie. (Bryant Lake and
Anderson Lakes Park should be developed soon.)
Citizens need more information on the City's long range park
plan.
Concern over the potential loss of Flying Cloud ballfields.
City should be considering a public golf course in the park
system.
Number of Responses
1. 63
2. 35
3. 30
4. 33
5. 28
6. 28
7. 22
8. 21
e 9. 16
10. 16
11. 15
12. 14
13. 15
14. 12
15. 12
16. 11
17. 11
18. 8
19. 7
20. 6
21. 6
22. 7
23. 6
24. 5
25. 5
26. 4
27. 4
28. 4
29. 4 City needs more gym space.
30. 3
City is developing too much at Round Lake Park; should spread
park development around the city.
31. 3 City needs more tennis courts.
32. 2 City should consider either an outdoor ice rick, with or without
a bubble, immediately adjacent to the Community Center as an
interim second sheet of ice until the City can afford a fully
inclosed rink.
33. 2
City should plan for sufficient parking in all parks, especially
where athletic events are taking place.
It should be noted that many individuals that filled out the survey did not write any
comments and conversely many individuals wrote extensively in the comments section.
As an example, one individual may have made four or five different comments that would
have been noted under the comment section.
The number in the first column should simply indicate the number of times that
specific comment or comment to that affect, was made in the open ended question.
MAJOR CONCLUSIONS
1. The vast majority of the information on the March 19th referendum was received
through the Eden Prairie News and the Eden Prairie Sailor, with the Eden Prairie
News being the major newspaper by about 2 to 1.
2. Nearly 50% of those individuals that received a direct mailing were opposed to the
referendum.
3. The Community Center additions received less general support from all voters than
the park and trail development proposals.
4. The proposed ice rink and indoor track at the Community Center received the least
support from the "yes voters" and the strongest opposition from the "no voters".
5. The gymnasium, the adult lockers rooms and the child play area received somewhat
more support than the ice rink or the indoor track.
6. Adult softball fields, the Purgatory Creek Recreation Area and neighborhood parks
all had more citizens "somewhat or strongly favoring" those issues than "somewhat
or strongly opposing" them, although the softball fields would be a close call.
7. None of the proposed items had over 47% of the total voters opposed to that
particular item, and after the ice rink and the track, no item had more than 41%
of the total voters opposed to any particulr item.
8. Four items had the support of 50% or more of all of the voters, they include:
Miller Park (50%), County Road 4 trail (58%), County Road 1 trail (56%), and
Hidden Ponds Park Trail (50%). These same four items had relatively small
opposition from "all voters": Miller Park (29%), County Road 4 Trail (23%),
County Road 1 trail (23%, and Hidden Ponds Park (24%).
9. Only three items had more total voters opposing those items than supporting those
items, they were: ice rink (all voters favored 35%, all voters opposed 47%),
indoor track (all voters favored 33%, all voters opposed 47%), and the
aerobics room (all voters favored 38%, all voters opposed 40%). The gym was "a
push" - 41% favored, 41% opposed.
10. Approximately 79% of the citizens that returned their survey believe thay had
sufficient information to vote on the referendum.
11. Although only 16% of the eligible voters voted on this referendum there
i
s
n
o
indication of why the remaining 84% didn't vote.
12. Sixty-five percent of those who returned the survey would support some o
f
t
h
e
s
e
issues in the future. Only 15% of those who voted would not support lay
f
u
t
u
r
e
park improvements.
13. Sixty percent had a concern over the school bond referendum scheduled thi
s
f
a
l
l
.
14. Only 10% of the residents indicated their favorite porjects weren't on t
h
i
s
referendum.
15. Approximately half of those individuals that reponded to the survey b
e
l
i
e
v
e
t
h
e
City is developing too many athletic facilities (24% of the "yes vote
r
s
"
,
7
5
%
o
f
the "no voters").
16. Approximatley 37% of the voters believe the City has a sufficient numb
e
r
o
f
p
a
r
k
s
now (7% of the "yes voters", 65% of the "no voters").
17. Approximatley 40% of the respondents to this survey believe that too m
a
n
y
n
o
n
residents are using City park facilities at this time (27% of the "yes
voters", 52% of the "no voters").
Dear Eden Prairie Resident:
NO RESPONSES - 816
The City Ctuncil has directed City staff to survey the citizens who voted on the March 19, 1987
Park Bond Referendum, to determine the reasons why people voted for or against the referendum.
The Council wants to consider your opinion prior to making a decision on this issue in the
future. Please take a few minutes to fill out this survey and return it in the enclosed,
self-addressed, stamped envelope.
Thank you for taking the time to help your City Council better serve you and your fellow
citizens.
1) Mere did you get most of your information on the March 19th referendum?
Eden Prairie News ( ) 680 Eden Prairie Sailor ( ) 409
Direct Mailing ( ) 114 Friends or Neighbors ( ) 213 Presentation at Civic or
neighborhood meetings (
41 Other: 61 no answers
2) Did you support the referendum? Yes ( )
No ( ) 781 No Answer - 35
3) Bela( is a list of items included on the referendum. Please indicate how strongly you favor
or oppose each item.
Community Center Additions
1. Ice Rink
2. Gymnasium
3. Indoor Running Track
4. Aerobics/Multi-Purpose Roan
5. Adult Locker Rooms
6. Children's Play Center
Strongly Somewhat Neither favor
Favor Favor Nor Disfavor
( ) 15 ( ) 44 ( ) 71
( ) 21 ( ) 51 ( ) 101
( ) 17 ( ) 58 ( ) 85
( ) 13 ( ) 58 ( 1 116
( 1 19 ( ) 62 ( ) 126
( ) 37 ( ) 85 ( ) 156
Sarewhat Strongly
OPPose
(
130
)511
(
149 ( )446
(
120 ( 1490
(
122
( )457
(
113
( )443
(
117
( )372
No
Answer
45
48
46
50
33
49
Park and Trail Development
1.-741.1-M-9Park (baseball 4 soccer fields, ( ) 58
picnic area, boat launch)
2. Nesbitt Preserve Park Improvements ( ) 45 3. Red Rock Park Improvements ( ) 43 4. Prairie East Park Inprovernents ( ) 43
5. County Road 4 Bike Trail Construction ( ) 131
6. County Road 1 Bike Trail Construction ( ) 139
7. Hidden Ponds Bike Trail Construction ( ) 123
120 ( ) 134 ( ) 109 ( )328 67
108 ( ) IN ( ) 116 ( )289 65 112 ( ,
( ) 197
( ) 111 ( )284 64 109 ( ) 104 ( )292 71 163 ( ) 122 ( ) 84 ( )258 58 155 ( ) 127 ( ) 84 ( )258 53 125 ( 1 152 ( ) 88 ( )273 SS
Park Acovisition
171@Fr:ball Field Complex ( ) 4 6 ( 1 78 ( 1 101 2. Purgatory Creek Recreation Area Entry ( 1 55 ( 1 93 ( C 152
( ) 406 ( ) 74
( ) 339 ( ) 71 74
71
4) Please indicate how much you agree or disagree with each of the following statements.
Strengly Sarewhat Neither agree Sarewhat Strongly
Agree Agree Nor Disagree Disagree Disagree • I felt I had sufficient information
on the referendum. ( 1 444
( ) 192
43
( ) 45 ( ) 54 38 • I would gladly support some projects
but not others. ( 1 267
( ) 227
91
( ) 49 ( )119 63 • I am concerned arxiat the proposed
school bond referendum. ( ) 431
( 1 140
108
( C 29 ( 152 56 • Taxes are too high now. ( ) 585 ( C 105
60
( C 11 ( 8 47 • My favorite projects were not on the
referendum. ( 1 66
( 1 35
401
( 1 49 ( 1 146 117 • There were too many athletic facilities
proposed on this referendum. C ) 484
C C 126
102
( 1 27 ( 16 61 • M, have enough parks and facilities
at this time. ( 1 367
( 1 167
110
( ) 89
( C30 53 • Too many non-residents use
our facilities. ( 1 307 ( ) 116
270
( ) 32
( )25 66
5) The major concern I have relating to the City park system and any future park referendum is:
9 ')
( ) 318
( ) 238
( ) 158
( ) 1 4 2
(1 18
( 1 43
(4 12
( 1 70
( 1 301
( ) 298
( ) 229
( ) 253
( ) 39
( ) 1 44
( ) 41
( 1 136
Dear Eden Prairie Resident: YES RESPONSES - 771
The City Council has directed City staff to survey the citizens who voted on the March 19, 1987
Park Bond Referendum, to determine the reasons why people voted for or against the referendum.
The Council wants to consider your opinion prior to making a decision on this issue in the
future. Please take a few minutes to fill out this survey and return it in the enclosed,
self-addressed, stamped envelope.
Thank you for taking the time to help your City Council better serve you and your fellow
citizens.
1) Where did you get 11105t of your information on the March 19th referendum?
Eden Prairie News
Eden Prairie Sailor N7 4
Direct Mailing
Friends or Neighbors NI
Presentation at Civic or
neighborhood meetings ( 1 66
Other: 43 No Answers
2) Did you support the referendum? Yes ( ) 771 No ( )
3) Below is a list of items included on the referendum. Please indicate how strongly you favor
or oppose each item.
Community Center Additions
1. Ice Rink
2. Gymnasium
3. Indoor Running Track
4. Aerobics/Multi-Purpose Room
5. Adult Locker ROOMS
6. Children's Play Center
Strongly Screwhat Neither fame' Saneahat Strongly
Favor Favor Per Disfavor 9Mn 92E2! 4 ) 307 ( 4 190 ( ) 160 ( )72 ( ) 34
( ) 311 ( ) 262 ( ) 131 ( 142 ( 1 13
( ) 245 ( 4 2 6 0 ( ) 190 ( /54 ( ) 26
( ) 253 ( I 268 ( ) 182 ( )35 ( ) 17
( ) 309 ( ) 243 ( 1 153 ( )30 ( 1 17
( ) 200 ( ) 228 ( ) 197 ( )34 ( ) 16
NO
Answer
8
12
16
16
19
16
17
Park and Trail Developaent
1. Miller Park (baseball a soccer fields, ( ) 408 ( ) 214 ( 1 109 ( )18 (
5
picnic area, boat launch)
2. Nesbitt Preserve Park Improvements ( ) 230 ( 1 269 ( 1 232 ( )24 (
3. Red Rock Park Improvements ( ) 244 ( ) 258 ( 1 227 ( )17 (
4. Prairie East Park Inproverrents ( ) 240 ( ) 243 ( 4 242 ( )14 (
S. County Road 4 Bike Trail Construction ( ) 421 ( ) 204 ( ( 117 ( ) 9 (
6. County Road 1 Bike Trail Construction ( ) 402 ( ) 195 ( ) 143 ( )11 (
7. Hidden Ponds Bike Trail Construction ( ) 355 ( ) 197 ( ) 172 ( )16 (
Park Acquisition
1. Softball Field Complex
2. Purgatory Creek Recreation Area Entry
( ) 295 ( ) 238 ( 1 146 ( )39 ( ) 23 30 ( ) 269 ( 1 239 ( ) 189 ( )25 ( C 12 37
44 Please indicate how much you agree or disagree with each of the following statements.
2 24
2 23
3 29
8 12
7
13
11 20
Strongly Somewhat
• I felt I had sufficient information
on the referendum.
• I would gladly support some projects
but not others.
• I an concerned about the proposed
school bond referendum.
• Taxes are too high now.
.1, my favorite projects were not on the
referendum.
• There were too many athletic facilities
proposed on this referendum.
• We have enough parks and facilities
at this time.
• Too many non-residents use
our facilities.
Neither agree Sarewhat S I
Nor Disagree Disagree Di sagree
( ) 48
( ) 76 ( ) 18 10
( ) 138
( 1 41 ( 1 28 28
(1216
( 1 75 ( ) 62 31
( 1 233 ( ) 84 ( 29 30
( ) 310
( )190 ( 1185 29
( ) 180
( )173 ( /206 25
( ) 103
( )263 ( )322 2 0
( ) 332
( )121 ( ) 95 27
5) The ma -mar concern I have relating to the City park system and any future park referendum is:
MEMRORANUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Parks, Recreation and Natural Resources Commission
Carl Jullie, City Manager
Bob Lambert, Director of Community Services
August 20, 1987
Recommendations Relating to Park Bond Referendum Survey
The Park Bond Referendum Survey Report provides a great deal of information if one
choses to take the time to compare the statistics, read all the comments and make
comparisons between opinions of yes voters and no voters. The report on the voter
survey provides 17 conclusions; however, staff decided not to include any
recommendations that would be attached to the survey report, as most of the
recommendtions are simply opinions of Community Services Staff after reviewing the
1587 surveys and reading 90 pages of comments from Eden Prairie voters.
The Community Services Staff provide the following recommendations relating to any
future park bond referendum:
I. A significant number of the voters on the park bond referendum (60%) indicated
they had a concern over the impact of the school referendum on their taxes. Any
future park bond referendum should probably be held after citizens are able to see
the impact of a school referendum on their taxes.
2. Any future park bond referendums should have more "neighborhood" citizen
participation. Staff would recommend that the referendum committee attempt to get
a representative from each of the "neighborhoods" within the community on the
committee, so that representative is responsible for taking information back to
his/her neighborhood.
3. A referendum committee should obtain a petition for a referendum with signatures
and addresses of voter age citizens prior to formally requesting the City Council
to set a referendum date. This list could be used as a basis for promoting the
referendum, and should somehow be passed around each neighborhood of the
community.
4. Community Services staff would recommend future park bond referendums in smaller
amounts rather than trying to lump park improvements with Community Center
Improvements.
5. It is the opinion of the Community Services staff that the City Council should
consider a format other than the HAPPENINGS to inform citizens of the efforts the
City is taking in regards to road improvements; planning for future development
whether it be residential, commercial, industrial or parks; informing citizens of
the existing and future trail system; as well as informing citizens of other
specific municipal projects or efforts relating to community issues. After
reading the hundreds of comments, it is obvious that many citizens are unaware of
the efforts the City has taken relating to attempts to improve County and State
highways through this community. The inability to drive through Eden Prairie on
Highway 5, 169, County Road 18 and County Road 4 was a major factor on why a
significant number of citizens voted no on the park bond referendum. It was their
statement of dissatisfaction of what they perceive as a City problem.
6. It is the opinion of the Community Services Staff that it would
b
e
v
e
r
y
d
i
f
f
i
c
u
l
t
to pass any referendum for the acquisition and development of ad
u
l
t
s
o
f
t
b
a
l
l
fields; however, the City is in the need of additional adult sof
t
b
a
l
l
f
i
e
l
d
s
,
a
s
well as youth softball fields. If the City is committed to cont
i
n
u
i
n
g
t
o
provide adult recreation for individuals that work in Eden Prairie, (but
m
a
y
n
o
t
l
i
v
e
i
n
Eden Prairie) the City must.construct four to six lighted fields
,
p
r
e
f
e
r
a
b
l
y
i
n
a
single complex.
7. Although, it appears as though the majority of the voting reside
n
t
s
a
r
e
n
o
t
prepared to support an additional sheet of ice, gymnasium, etc.
a
t
t
h
i
s
t
i
m
e
,
there are some improvements to the Community Center that should
b
e
d
o
n
e
w
i
t
h
o
r
without a referendum. The following issues relating to the Commu
n
i
t
y
C
e
n
t
e
r
should be addressed in the near future:
a. The floors in the locker rooms and pool deck should be tiled as
s
o
o
n
a
s
possible. These areas are constantly unsightly due to pealing
p
a
i
n
t
,
a
r
e
dangerous as they are slippery wherever the paint has peeled, a
n
d
t
h
e
y
a
r
e
nearly impossible to keep clean due to the rough surface requir
e
d
t
o
k
e
e
p
t
h
e
floor/deck from being slippery.
b. Staff would recommend providing an area of full length lockers w
i
t
h
i
n
e
a
c
h
o
f
the locker rooms for adult use.
c. Due to the crowded conditions of the City Hall several years ago
,
t
h
e
recreation staff moved their offices to a meeting room in the Co
m
m
u
n
i
t
y
Center. Those recreation staff require secretarial support, stor
a
g
e
f
o
r
recreation supplies, and space for their part-time and seasonal e
m
p
l
o
y
e
e
s
.
Although, the community is served very well by having all the re
c
r
e
a
t
i
o
n
s
t
a
f
f
located at the major recreation facility in the community, that
f
a
c
i
l
i
t
y
w
a
s
not designed for all of those additional full-time and part-time
p
o
s
i
t
i
o
n
s
.
The public does not have use of that meeting room, the small offi
c
e
w
a
s
n
o
t
designed for all of the support staff; therefore, the conditions
a
r
e
e
x
t
r
e
m
e
l
y
crowded in both the main office and the "recreation office". The
C
i
t
y
s
h
o
u
l
d
consider constructing an office area for the recreation staff tha
t
a
r
e
n
o
w
assigned to that facility.
d. The three existing racquetball courts generate more revenue th
a
n
e
x
p
e
n
d
i
t
u
r
e
s
.
The Council should consider adding additional racquetball courts
w
i
t
h
o
r
without a referendum to improve service to the citizens, as we
l
l
a
s
t
o
i
m
p
r
o
v
e
the ability of that facilitiy to come close to meeting operating
e
x
p
e
n
s
e
s
.
e. The design of fitness equipment has improved greatly in the si
x
y
e
a
r
s
s
i
n
c
e
the Community Center was constructed. The fitness center equip
m
e
n
t
s
h
o
u
l
d
b
e
upgraded if the City expects to increase the number of adult me
m
b
e
r
s
t
o
t
h
a
t
facility.
f. The design of the entry of the Community Center is poor, any ca
r
t
h
a
t
s
t
o
p
s
t
o
pick up or drop off someone at the front entry blocks traffic a
c
c
e
s
s
t
o
o
r
from the parking lot. The entry is also designed at an oblique
a
n
g
l
e
f
r
o
m
parking lot, which encourages people to cut across the grassy
a
r
e
a
s
.
T
h
e
entry to the Community Center should be redesigned.
These improvements should be considered with the building repa
i
r
t
h
a
t
i
s
b
e
i
n
g
p
l
a
n
n
e
d
for at this time, as it appears a though a referendum for majo
r
C
o
m
m
u
n
i
t
y
C
e
n
t
e
r
additions will not happen in the near future.
This report will be reviewed by the Parks, Recreation and Natur
a
l
R
e
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
at the September 21, 1987 meeting. Any recommendations from th
e
C
o
m
m
i
s
s
i
o
n
w
i
l
l
b
e
forwarded to the Council for the October 6, 1987 meeting.
BL:md
,l1
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
-8-
B. Report on Park Bond Referendum Survey
Refer to memo dated August 21, 1987 from Bob Lambert, Director
of Community Services and memo dated August 20, 1987 from
Bob Lambert, Director of Community Services.
Lambert reviewed the outcome of the survey in which 63% of
those surveyed responded, 49% were yes voters and 51% were
no voters. He said the biggest surprise was that 50% of
the people that were figured to be supporters turned out to
be no voters.
Staff recommendations are that future bond referendums are
held after citizens see the impact of the school referendum,
there should be more neighborhood participation, a petition
should be obtained prior to setting a bond referendum date,
future bond referendums should be for smaller dollar amounts
and a different format for informing citizens should be
considered other than the Happenings format.
Baker asked what the cost of the survey was. Lambert said
the consultant's fee was approximately $400 and the rest
was staff time. He added that he feels it was worth the cost.
Baker said he feels another bond referendum should wait until
after the school bond referendum and the citizens see what
affect this has on their taxes.
Cook said he found it interesting that the survey showed most
people said they felt they had enough information to vote, but
he questions whether the City is giving enough information to
citizens on status of roads, etc.
Baker made a motion to recommend that the City go back to the
voters with another bond referendum in the amount of $1 million
in the summer of 1988 after the state tax changes have become
effective and that there be organized neighborhood committees
led by elected members of the City Council. Cook seconded the
motion.
On call for discussion, Lambert said he feels early summer may
be too soon for another bond referendum and that we should see
what the citizens' feelings are by next spring. He also feels
that any future referendum should begin with a petition from
the citizens.
Baker said to wait for the citizens to petition would risk both
timing and the people that petition will be special interest
groups. Lambert said he feels the City should at least acquire
the land, but he is not so concerned with timing. When the people
need something bad enough, they will be willing to work for passage
of a referendum, but if we don't have the land we may never be
able to get it.
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
-9-
Baker withdrew his original motion at this time.
MOTION: Baker moved to recommend to the City Council that the
information brought forth in the survey be reviewed now while
it is still fresh and that future strategy be to go back to the
citizens after they present a petition to the City. A "grass
roots" organization should be formed led by City officials and
the referendum should be in smaller increments. Joyer seconded
the motion and it passed 5-0.
VIII. NEW BUSINESS
A. Review Proposed 1988 Community Services Budget Summary
Refer to memo dated August 17, 1987 from Bob Lambert, Director
of Community Services.
Lambert reported that the summary sheets are included with
the budget report.
Breitenstein asked about the uniforms listed under park
maintenance. Lambert said these uniforms are rented by
the City and the City pays for cleaning.
Cook referred to the cost of postage going from $300 down to
zero. Lambert said some changes were made when some of the
office staff was moved to the Community Center and this accounts
for the difference.
Cook asked about video voice equipment at the Community Center.
Lambert said the City is looking into prices for this equipment
which would eliminate the need for an employee to collect fees,
etc. from those using the facilities.
MOTION: Joyer moved to recommend approval of the 1988 Community
Services budget as presented. Cook seconded the motion and it
passed 5-0.
IX. ADJOURNMENT
MOTION: Cook moved to adjourn the meeting at 10:20 p.m. Joyer
seconded the motion and it passed 5-0.
Respectfully submitted,
Lois Boettcher
Recording Secretary
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