HomeMy WebLinkAboutCity Council - 12/15/1987TUESDAY, DECEMBER 15, 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
Sue Anderson
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY NOVEMBER 17 Page 3115
III. CONSENT CALENDAR
A. Clerk's License List Page 3127
B. Set Special City Council meeting for Wednesday, January 13, 1988, MO PM to discuss Residents Advisory Committee on City Administrative Offices Final Report
C. Resolution No. 87-330 Accepting Transfer of Pleasant Hill Page 3129 Cemetery from the Cemetery Association to the-TT:77F Eden Prairie
D. MARRIOTT COURTYARD by Marriott Corporation. 2nd Reading of Page 3131 Ordinance No. 4-87-PUD-14-87, Rezoning from C-Regional to
PUD-14-87-C-Reg-Ser on 4.2 acres; Approval of Developer's
Agreement for Marriott Courtyard; and Adoption of Resolution No.
87-316, Approving Summary of Ordinance No. 54-87-PUD-14-87, and
Ordering Publication of Said Summary. 13.94 acres into 3 lots for
construction of a 149-room hotel. Location: East of U.S. Highway
No. 169, north of 1-494, west of Prairie Center Drive, south of
Viking Drive. (Ordinance No. 54-87-PUD-14-87 - Rezoning and PUD
District; Resolution N. 87-316 - Authorizing Summary and
Publication)
E. STARRWOOD, Cardarelle & Associates. 2nd Reading of Ordinance No. Page 3150 56-87, Rezoning from Rural to R1-13.5; Approval of Developer's
Agreement for Starrwood Addition; and Adoption of Resolution No.
87-323, Approving Summary of Ordinance No. 56-87 and Ordering
Publication of Said Summary. 29.19 acres into 42 single family
lots, 2 outlots, and road right-of-way. Location: North of
Research Road, east of Mitchell Road, southeast of McCoy Lake.
(Ordinance No. 56-87 - Rezoning; Resolution No. 87-323 -
Authorizing Summary and Publication)
City Council Agenda - 2 - Tues.,December 15, 1987
F. AMENDING CHAPTER 11 REGARDING MECHANICAL SCREENING. 2nd Reading Page 3175
of Ordinance No. 58-87, Amending Chapter 11 Regarding Mechanical
Equipment Screening
G. Final Plat approval for Lunds Center Addition (Located south of Page 3177 FiTie Center Drive and east of Franlol—TaT Resolution No. 87-
325
H. Final Plat Approval for Raven Wood (Located northeast of Edenvale Page 3180 roill'ivard and west of Raven CoriFFT Resolution No. 87-326
I. Change Order No. 1, Nemec Knolls I.C. 52-121 Page 3183
J. Change Order No. l a Valley View Road I.C. 51-272 Page 3184
K. Appointment of Fox, McCue & Murphy as Auditors for Fiscal Year Page 3186
1987
L. Request Riley-Purgatory-Bluff Creek Watershed District to Page 3188
participate in review in draina e systems, as a result of the July
23 Storm (ResolaT5ii-No. 8 - 9
M. Authorize Preparation of a Feasibility Study to analyze Utility Page 3189
and Roadway Improvements necessary to serve the proposed 4th
elementary school on the Harry Rogers property (Resolution
No. 87-331)
N. Final Approval of $20,900,000 Multi-Family Housing Bonds for Page 3191 Fountain Place TUSMI—Wesolution No. 87-332
O. Amending the Indenture of Trust for Fountain Place (CSM) Page 3200
Resolution No. 87-333
IV. PUBLIC HEARINGS
A. SOUTHGATE la William Smith. Request for Zoning District Change
from R1-22 to R1-13.5, and Preliminary Plat of 2.29 acres into
single family residential. Location: North of St. Andrew Drive
and west of Baker Road. (Ordinance No. 61-87 - Rezoning;
Resolution No. 87-324 - Preliminary Plat)
B. 1987 SPECIAL ASSESSMENT HEARING (Resolution No. 87-328)
V. PAYMENT OF CLAIMS
VI. ORDINANCES & RESOLUTIONS
Page 3202
Page 3205
Page 3207
A. Ordinance No. 62-87, Proposed Alarm Ordinance
VII. PETITIONS REQUESTS & COMMUNICATIONS
VIII. REPORTS OF ADVISORY COMMISSIONS
Page 3208
City Council Agenda - 3 - Tues.,December 15, 1987
IX. APPOINTMENTS
X. REPORTS OF OFFICERS BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
1. Per Diem for Councilmembers (Continued from 12/1/87)
2. Waste Abatement Plan
C. Report of City Attorney
D. Report of Director of Planning
E. Report of Director of Community Services
1. Preserve Center Access Trail
F. Report of Director of Public Works
1. Five-Year Capital Improvements Project Budget
XI. NEW BUSINESS
XII. ADJOURNMENT
Page 3113
Page 3215
Page 3219
Page 3226
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 17,1987
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
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 Sue Anderson
ROLL CALL: All members were present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: III. L. SET DATE FOR SALE OF $5,000,000 GENERAL OBLIGATION WATER AND SEWER FOR
DECEMBER 15, 1987, (RESOLUTION 87-313;) X. B. 2. REQUEST FOR
REPRESENTATIVE TO ADVISORY COMMITTEE FOR HENNEPIN COUNTY COMMUNITY
HEALTH DEPARTMENT; X. A. 2. SCREENING OF WATER TREATMENT PLANT.
MOTION: Pidcock moved, seconded by Bentley, to approve the Agenda
and Other Items of Business, as published and amended. Motion
carried unanimously.
II MINUTES
A. Special City Council Planning Commission meeting held Tuesday,
October 20, 1987.
MOTION: Pidcock moved, seconded by Harris, to approve the
Minutes of the Special City Council/Planning Commission meeting
held Tuesday, October 20, 1987, as published. Motion carried
unanimously.
B. Regular City Council meeting held Tuesday, October 20, 1987.
The following change was made to Page 1, Paragraph 1,
Sentence 3, to read: "Prairie for a singular major contribution
in the fields of arboriculture."
MOTION; Anderson moved, seconded by Bentley, to approve the
Minutes of the City Council Meeting held Tuesday, October 20,
1987, as published and amended. Motion carried unanimously.
City Council Minutes 2 November 17, 1987
III. CONSENT CALENDAR
A. Resolution Authorizing Sale of Property to State of Minnesota for State Highway No. 5 Right-of-Way (Resolution No. 87-310)
B. 2nd Reading of Ordinance No. 55-87, amending Chapter 2 of the olTy Code relating to the posting of a schedule of the regular
meetings of the Council and special and emergency meetings.
C. Final Plat Approval for Shady Oak Ridge (located west of Old
Shady Oak Road and north of Rowland Road) Resolution No. 87-303.
D. Final Plat approval for Berne Addition (located on Franklin
Circle north of Valley View Road.) Resolution No. 87-304.
E. Approval of License Agreement with Chicago and Northwestern
Transportation Company or construction and maintenance of a
24-inch watermain crossing railroad property on Valley View Road.
F. Receive petition for street and utility improvements for Frani°
Road south of Prairie Center Drive and authorize preparation of a
feasibility study, I.C. 52-131. (Resolution No. 87-305)
G. Authorize Mayor and City Manager to executive easements for the
Metropolitan Waste Control Commission for the installation of the
proposed Red Rock Interceptor through City-owned properties.
H. Approval of Community Center Operational Modifications.
Pidcock expressed concern over unauthorized/untrained personnel
operating the video equipment to monitor activities in the
Fitness Center. Also can the personnel in the Community Center
respond to an emergency.
Lambert responded the fitness room has operated for five years
without problems. He assured Council that individual must sign
in and follow through with training before they have access on
their own in the fitness room.
Lambert expressed the savings of $15,000 per year eliminating the
need to hire a supervisor, which limited the use of the room to
his working hours.
Bentley, questioning the recommendation to extend the fitness
program to City Firemen, inquired as to the break-even
operational costs, which is the first goal the City should be
achieving. He stated he did not vote for this benefit to be
given to Staff, nor will he vote in favor of this being offered
to the Firemen.
Harris felt the Firemen's occupation warrants the opportunity to
continue physical fitness. She felt the City could show its
appreciation to the Firemen by extending this benefit to them.
Pidcock shared the feelings of Harris' statement.
City Council Minutes 3 November 17, 1987
Anderson stated the Fireman and Policeman are required to pass
physical fitness tests each year. Both of these groups are in
the highest heart attack and stress group, and he felt the
services of the fitness center should be extended in their
benefit package.
Bentley stated the facility is being paid for by the public, and
in essence is a recreational facility for an elite few.
Mayor responded discussion was beyond the scope of this agenda
item and if so desired will be continued at a later date.
I. RAVEN RIDGE II by the Cambridge Group. 2nd reading of Ordinance
No. 50-87, Zoning District Amendment within the RM-6.5 District
for Raven Ridge; Approval of Developer's Agreement for Raven
Ridge II; and Adoption of Resolution No. 87-306, Authorizing
Summary of ordinance No. 50-87, and Ordering Publication of Said
Summary. 3.04 acres into 16 lots and 2 outlots for construction
of 16 townhouse units. (Ordinance No. 50-87 - Zoning District
Amendment; Resolution No. 87-306 - Authorizing Summary and
Publication).
J. Resolution No. 87-311 extension of Bond Authorization for the Prairie Village Apartments for 1 year to December 2, 1988.
K. Approve Change Order No. 1 for Community Center.
L. Set Date for Sale of $5,000,000 General Obligation Water
and Sewer for December 15, 1987. (Resolution 87-313).
MOTION: Harris moved, seconded by Anderson, to approve Items A - L
on the Consent Calendar. Vote was 5-0 with the exception of Bentley
opposing recommendation #4 (Page 2914) of Item H.
IV. PUBLIC HEARINGS
A. BLUESTEM HILLS 4TH ADDITION by Brown Land Company. Request for
Planned Unit Development Concept Review on 15.94 acres, Planned
Unit Development District 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 a single family
lots, 3 outlots, an road right-of-way. Location: West of
Bennett Place and Bluestem Lane. (Resolution No. 87-250 - PUD
Concept; Ordinance No. 45-87-PUD-11-87 - PUD Concept; Ordinance
No. 45-87-PUD-11-87 - PUD District and Zoning District Change;
Resolution No. 87-251 - Preliminary Plat). Continued from
September 1 and September 15, 1987.
City Manger Jullie noted the proponent has requested to withdraw
proposal.
MOTION: Bentley moved, seconded by Pidcock, to close the public
hearing and acknowledge proponents' withdrawal. Motion carried
unanimously.
City Council Minutes 4 November 17, 1987
B. STARRWOOD, by Cardarelle & Associates. Request for Zoning
District Change from rural to R1-13.5 on 22.4 acres, Preliminary
Platting of 29.19 acres into 42 single family lots, 2 outlots,
and road right-of-way. Location: North of Research Road, east
of Mitchell Road, southeast of McCoy Lake. (Ordinance No. 56-87
Rezoning to R1-13,5; Resolution No. 87-307 - Preliminary Plat).
Frank Cardarelle, proponent, presented proposal.
Planning Director Enger said this project was reviewed by the
Planning Commission at the October 26th meeting and was
recommended for approval on a 5-0 vote, subject to the plans
dated October 18, 1987, and the recommendations of the Staff
Report of October 23rd.
Director of Community Services Lambert said the Parks, Recreation
and Natural Resources Commission reviewed this on October 22nd
and a major item of concern was the steep grade of trail and
turning radiuses within the narrow portion of Outlot B, north of
Lot 10. If the trail cannot be constructed to City specifica-
tions within that outlot, Staff recommends one of three alter-
natives: 1) widen the outlot, which may require a reconfiguration
of several lots; 2) eliminate Lot 10; or 3) eliminate the trail.
Pidcock asked if posting signs stating no bike riders or skate-
boards, would eliminate City liability. Staff answered in the
negative.
Cardarelle suggested a wood chip trail making biking improbable,
but placing asphalt between homes.
Anderson asked if we could maintain the chip trail in winter;
which staff answered no, but neither do they maintain asphalt
trails in winter.
Bentley questioned proponent regarding the upgrade of Mitchell
and Research Road. Proponent replied that he and property owners
have petitioned for the upgrading of both Research Road and
Mitchell Road, whereby a special assessment agreement will be
required for the upgrading of these roadways. Depending upon the
outcome of the feasibility report, Research Road should be
upgraded concurrent with the development of this project.
Director of Public Works Dietz added that a feasibility study for
Mitchell Road, which had been suspended several years earlier
contemplated three phases: 1) Research Road; 2) Mitchell north
of Research; and 3) Mitchell Road south of Research Road. If one
phase did not go through, the other segments could still be
upgraded.
Bentley asked Staff what was the City cost for this project.
Dietz stated they had not begun to compute this; however cost to
accomplish Mitchell Road to Anderson Lakes Parkway was $150 per
foot.
City Council Minutes 5 November 17, 1987
Bentley expressed the concern that the City was forcing itself
into a road upgrade before its financially ready.
Staff stated upgrading was essential, and a semi-permanent
overlay from Mitchell to Research was another option if costs are
prohibitive.
Bentley reiterated the concern of financial liability in
approving this forcing of the City to upgrade these roads when
it cannot afford the cost.
Pidcock stated road improvements in some form are needed regard-
less by fall of 1988.
Cardarelle did not feel cost for road upgrade would be a problem
in view of the petitions by residents, his portion of the road
improvements, and the Jenkins Addition and its portion of the
cost. This was not insurmountable to proponent. He also stated
if sanitary sewer project fell through, they are only 1300 feet
from a trunk to connect with and he is prepared to absorb that
additional cost if, in fact, that does occur.
Lambert stated after much consideration of suggestions and
discussion, Staff would recommend a concrete sidewalk with
occasional steps for the pedestrian connection trail from
Sycamore Court, south to the bike trail within Staring Lake Park.
Pidcock asked Enger to create language in the development
agreement to read that sewer connection be in place according to
Staff and Commission's Red Rock Interceptor, which will have hard
surface roads and will be in place prior to building occupancy
permits.
Enger stated if Red Rock does not go through, Proponent would
have to go to the east for connection at 100% cost to Cardarelle.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Harris to close the public
hearing. Motion carried unanimously.
MOTION: Pidcock moved, seconded by Harris to approve 1st reading
of Ordinance No. 56-87 for Rezoning. Motion carried unanimously.
MOTION: Pidcock moved, seconded by Harris to approve Resolution
No. 87-307 approving the Preliminary Plat. Motion carried
unanimously.
MOTION: Pidcock moved, seconded by Harris to direct Staff to
prepare a Development Agreement incorporating Commission and
Staff Recommendations and Council conditions, pathway be hard
surface trial. Motion carried unanimously.
After motions passed, Cardarelle asked for a point of
clarification on risk if for some reason City did not approve
upgrade of Research Road, would occupancy permits still be
issued.
City Council Minutes 6 November 17, 1987
Enger replied that occupancy permits would be issued only if a
hard surface road and sewer are in place the length of Mitchell
and Research per Staff and Commission recommendations and
approval. He further stated that the determination of the road
conditions is based on each individual project, and it is a
policy for a new subdivision that roads be completed prior to
occupancy permit issuance.
Peterson inquired why the insistence on blacktop hard surface
road on new developments? Why not gravel? What is the
liability?
Bentley stated that in the far western part of the City, a
section of road was temporary gravel in a significant housing
development which was not a concentrated, high use area. If the
City we allows developments to continue to be constructed without
the hard surface roads, it is not doing the homeowners or the
City justice.
Pidcock inquired why this was an issue on a stretch of road that
is a high traffic area ready for development, and the roads have
to be upgraded to handle it.
Bentley replied the issue is $1.5 million that the City does not
presently possess.
Peterson agreed that he does not want to approve a project that
would force the City into an action they cannot meet and in turn
being liable to homeowners in this project.
Pidcock proposed a motion be placed to read that gravel be
allowed until there is a black top road in place for issuance of
occupancy permits.
Steve Ryan, proponent representative, inquired why there was
concern when a major quantity of people have petitioned and
approved their assessment to have the road upgraded.
MOTION: Harris moved, seconded by Pidcock to create language
clarification in the development agreement dealing with blacktop
surface that it not be required before occupancy permit be
issued, but that road construction project leading to road
improvement be in place, and approved by City Engineer, and City
Council. Motion carried unanimously. Bentley requested the
record show that existing road does not meet those qualifications
for occupancy permit issuance.
C. BLUFFS EAST 5TH ADDITION by Hustad Development Corporation.
Request for Zoning District Change from Rural to R1-13.5 on 17.68
acres, and Preliminary Plat of 30.1 acres into 34 single family
lots, and road right-of-way. Location: Southeast of Meade Lane
extension, west of Franlo Road, northwest of Antlers Ridge
extension (Ordinance No. 57-87 - Rezoning to R1-13.5; Resolution
No. 87-308 - Preliminary Plat)
City Council Minutes 7 November 17, 1987
Notice of this Public Hearing was sent to owners of 148
surrounding properties and published in the November 4, 1987
issue of the Eden Prairie news. On November 13, Staff was
informed and subsequently received a letter from the proponent
stating its wish to withdraw the proposal from consideration.
MOTION: Pidcock moved, Bentley seconded to close the Public
Hearing and acknowledge the proponents' withdrawal of the
project. Motion carried unanimously.
D. Proposed Amendment to City Code, Chapter 11, Section 11.03,
Subdivision 3, regarding screening and landscaping (Ordinance
No. 58-87)
City Manager Jullie stated notice of the Public Hearing for this
zoning-related issue was published in the Eden Prairie News on
November 4, 1987. The proposed changes in language to Section
11.03, Subdivision 3 of the Ordinance Code relating to screening
and landscaping, would clarify several issues which have recently
arisen regarding what is considered acceptable for achieving
screening of building elements.
MOTION: Anderson moved, seconded by Pidcock to close the Public
Hearings. Motion carried unanimously.
MOTION: Anderson moved to approve 1st Reading of Ordinance No.
58-87 amending Section 11.03, Subdivision 3 of the City Code.
Motion carried unanimously.
V. PAYMENT OF CLAIMS
MOTION: Bentley moved, seconded by Pidcock, to approve the Payment
of Claims 37988 - 38860. Roll call vote: Anderson, Bentley,
Harris, Pidcock and Peterson voted "aye." Motion carried
unanimously.
VI. ORDINANCES & RESOLUTIONS
NONE
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request by Ryan Construction Company on behalf of Jerry's Super
Valu (continued from November 3, 1987)
This item has been continued from the November 3, 1987 Council
meeting. Staff has prepared a proposed supplement to the
Development Agreement which would allow the City to use its sole
discretion for continuation of a 24-hour operation after a one-
year period. Staff had not received a full response from Ryan
Construction Company about this proposal. As Council also
requested, the Public Safety Department assembled data on the
number of service calls at the three community commercial centers
and a number of service calls between the hours of 11 p.m. and
6 a.m. at the two malls with 24-hour operations. It is the
opinion of the Public Safety staff that the number and types of
calls were not caused by the presence of a 24-hour operation.
City Council Minutes 8 November 17, 1987
If Council chooses to grant the request of Ryan Construction
Company, it is recommended that Council authorize execution of
the Supplement to the Development Agreement to allow a 24-hour
operation with the conditions desired by the Council.
Enger's letter stated City will give 14 day notification to
discontinue if reason is sought to do so.
Bentley suggested the City specify a review after one year and
hold a public meeting to determine if 24-hour operation will
continue, at which time property owners could present their
concerns.
It was proposed that Staff would bring issues before Council to
reconsider the 24-hour provision, and a public meeting would be
called by City Council.
Harris instructed Staff it would appreciate submission of
complaints and Council can decide if a public hearing should be
called.
Anderson stated this should be directed to other 24-hour
operations as well. City Attorney Pauly stated language should
read if there are no problems the continuance would be in plac
e
.
Anderson questioned Pauly if City can revoke 24 hour operation
.
Pauly replied it depends how the provision is written.
Suggested language would allow store to be monitored for one
year. The Council, if it chooses during review of the situati
o
n
,
has the unfettered right to revoke 24-hour operation if for so
m
e
cause it does not meet requirements of operation.
Anderson expressed doubt that fourteen (14) days was sufficien
t
for operation to cease and suggested it be changed to thirty (
3
0
)
days.
Pidcock inquired to staff how they would handle and/or monitor
complaints.
Enger replied in two ways: 1) physical inspection to see if the
r
e
was litter, etc.; and 2) document any form of complaints.
Anderson inquired if City had right to revoke hours. Pauly
replied yes because in this case Council deemed it appropriate
due to proximity to neighboring residences.
Bentley stated public safety records indicated no increase in
crimes and citations in operations open 24 hours. In fact they
were lower in those areas than others that are not open 24 hour
s
a day.
Resident Keith Walter, 9682 Clark Circle, felt the neighbors hav
e
been defeated before they were given opportunity to speak after
hearing Council. Walter stated this action was postponed for t
w
o
weeks but New Market has been open six days. In that short time
they have found two rolls of toilet paper in their yard, put up
with red, white and blue flags and balloons on the building
totally visible to his home, and being awakened at 2:00 AM by
t
h
e
City Council Minutes 9 November 17, 1987
garbage trucks. He thought there would be more discussion and
asked how long City is going to give them before these matters
are resolved, or if they must wait a year now before these concerns
are addressed.
Peterson responded that he was disappointed that Mr. Walter felt
the Council was addressing a single concern. He expressed that
the Council considers both business and homeowners concerns. If
New Market is in violation of regulation, they will be notified
immediately to correct it. The advantage to the neighborhood is
if it does not work, the Council will intervene with their
business. This kind of complaint is what the Council wants to
receive and if it continues they will not remain in 24-hour
operation.
Resident Larry Paumen, 9712 Clark Circle, expressed his first
concern regarding the ordinance on height of a fence. His
property has a clear view of the loading dock and the semi
trucks. He feels he lives in a nice neighborhood and asks if
they have to live with the view as such.
Bentley replied that the loading dock should be totally screened,
and ordinance and development agreement are not in compliance if
this was visible by him.
Enger said that may need to be corrected. Planning staff intends
to check the site lines and have the situation corrected.
Resident Bob Humphrey, 9365 Garrison Way, expressed concern that
the security of the neighborhood was lightly considered. They
are vulnerable to thieves and they can now simply run out the
back of the mall area and jump over fences because they are only
6' high. He would like to see a more secure barrier. He wanted
to state the importance of the yearly review clause because the
longer a business is in place they do tend to run down.
Bentley asked Humphrey if he wanted mesh and barb wire fence.
Humphrey replied a 9' to 10' fence would be more difficult to
jump.
Humphrey also brought to the Council's attention that during the
neighborhood meetings, Ryan Construction stated they would
landscape and they have now abandoned that concept.
Bill McHale, Ryan Construction representative, stated they have
shielded the lights per recommendations, and in addressing the
landscape stated pedestrian paths are landscaped to keep vandals
out of the yards
Bentley asked about screening issue and McHale said he will look
into it and will take care of the matter. They plan to be good
neighbors.
MOTION: Pidcock moved, seconded by Harris to execute the
Supplement to the Development Agreement in order to allow a 24-
hour operation with the conditions desired by the Council.
Motion carried unanimously.
City Council Minutes 10 November 17, 1987
B. KADA, INC. ADDITION by Karp's Twin City Supply Company. Request
for Preliminary Platting of 4.1 acres into 1 lot. Location:
North of Highway #5, south of Martin Drive, west of Mitchell
Road. (Resolution No. 87-309 - Preliminary Plat)
The property in question is already zoned and located between
highway #5 and Martin Drive and slightly east of Corporate Way.
The proponent wishes to build an addition for refrigeration
equipment to an existing building. To accomplish this addition,
the floor/area ratio of the resulting building would be in excess
of that allowed by the 1-2 zoning District. The proponent has
owned additional property which, combined with the existing
parcel, would provide enough land for the proposed building
addition to meet the FAR maximum. Consequently the proponent
needs to combine properties and have a new plat.
MOTION: Bentley moved, seconded by Harris to recommend adoption
of resolution no. 87-309 approving the Preliminary Plat. Motion
carried unanimously.
VIII. FINAL REPORT, RESIDENTS ADVISORY COMMITTEE ON CITY ADMINISTRATIVE
OFFICES.
This Committee has been meeting for the last year to recommend to
the City Council a program for having a City Hall built after the
City is done leasing office space. Marty Jessen presented a summary
of the Committee's final report.
Jessen stated the committee consensus was the City should do it
right instead of right now. They recommend that a new City Hall be
built and ready for occupancy in March 1993. Also to continue to
occupy present space for one additional three-year lease agreement.
Land should be acquired as soon as possible and a sign placed on
land indicating future site of City Hall. A building fund be
established to finance new building in lieu of bond referendum.
Survey indicated no support for a civic center; and the costs
reflected in this Study are 1986-87 dollars not 1993. Committee
expressed compliments and gratitude to Craig Dawson, Assistant to
the City Manager, for his unbiased assistance, answers and
clarifications to the many questions necessary to complete the
Study.
Peterson thanked Jessen for his leadership and the comprehensive and
thorough study giving options.
MOTION: Pidcock moved, seconded by Anderson, to thank the committee
for their efforts in producing this monumental study and acknowledge
receipt of this report. Motion carried. Bentley reserved his
option.
Peterson indicated a study session will be planned to take action on
this proposal.
City Council Minutes 11 November 17, 1987
IX. APPOINTMENTS
A. APPOINTMENT TO SOUTHWEST METRO TRANSIT COMMISSION
The term of one of Eden Prairie's members on the Southwest Metro
Commission expires December 31, 1987. Patricia Pidcock, the
current commissioner, has indicated that she does not wish to be
reappointed to the Commission for a three-year term. Membership
to the Commission is limited only by requiring residency within
Eden Prairie.
Council continued this item to December 1, 1987, meeting.
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. CITY MANAGER'S PERFORMANCE REVIEW
A summary of the Manager's Performance Review was reviewed by
the Council.
Anderson suggested the Council in some way be evaluated.
Perhaps after an election the Council members would give their
expectations to each other and agree how to grade themselves.
2. SCREENING OF WATER TREATMENT PLAN (FP) SLUDGE LAGOONS
Dietz responded that a 6 ft. fence on Mitchell Road will be
the screening, and this will be expanded with plants on the
east side.
3. 1978 FEDERAL CLEAN AIR ACT
Bentley reported the the 1978 Taft Act amended by Congress
contained a multitude of air contaminantes and placed
penalties on states that, in all ways, did not abide. Over
the years Minnesota has had only one problem. Just this last
year, however, over 25 to 30 intersections are in excess of
carbon monoxide and Minnesota is exceeding federal guidelines.
The impact of this is the enforcing of a total prohibition of
development. Which includes highways and sewer expansion,
(which they are threatening to do) until the source of the
pollution is corrected and Minnesota is in total compliance
Bentley continued that vehicle monitoring stations will be
instituted, and he instructed Staff to be on top of this and
address the issue of one being placed in Eden Prairie.
MOTION: Bentley moved, seconded by Anderson, to direct Staff
to explore impact of the Clean Air Act and vehicle inspection
center. Motion carried unanimously.
City Council Minutes 12 November 17, 1987
B. Report of City Manager
1. SPECIAL MEETING AT 6:00 PM DECEMBER 1, 1987
A special meeting of the City Council is requested to discuss
results and implementation of the Comparable Worth Study. A
brief written summary will be included with the agenda
materials prior to that meeting.
2. REQUEST FOR REPRESENTATIVE TO ADVISORY COMMITTEE FOR HENNEPIN COUNTY COMMUNITY HEALTH DEPARTMENT
MOT/ON: Pidcock moved, Anderson seconded to nominated Jean Harris as an Eden Prairie member of the Hennepin County
Community Health Department. Motion carried unanimously
C. Report of City Attorney
There was no report.
D. Report of Director of Planning
There was no report.
E. Report of Director of Community Services
There was no report.
F. Report of Director of Public Works
There was no report.
XI. NEW BUSINESS
None
XII. ADJOURNMENT
MOTION: Bentley moved, seconded by Anderson to adjourn at 10:40 PM.
Motion carried unanimously.
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
December 15, 1987
1988 Licenses
CONTRACTOR (MULTI-FAMILY & COMM.)
All Building Construction
Cirks Construction
Donaldson Dept. Stores
Olson Concrete
Watson-Forsberg Co.
CONTRACTOR (1 & 2 FAMILY)
Corrigan Custom Homes
Custom Environments
Gorton Construction
Homecare, Inc.
Julik & Adler Construction
LaMettry's, Inc.
John L. Laurent & Assoc.
Minnesota Package Products
Erwin Montgomery Construction
Nordwest Builders, Inc.
Olympic Construction
Riverview Construction
Scheffler Builders
Ray J. Sheeran
Solarworks Plus
Stephenson Developments
TJB Companies, Inc.
Up A Tree, Inc.
Westenberg Construction
Yorktown Construction
HEATING & VENTILATING
Cronstrom's Heating & Air Cond.
Gemmill Heating & Air Cond.
J & B Sheetmetal, Inc.
Midwest Heating & Ventilating
GAS FITTER
Cronstrom's Heating & Air Cond.
Gemmill Heating & Air Cond.
SEPTIC SYSTEMS
Klingberg Excavating, Inc.
ON SALE LIQUOR
Abby's Restaurant
ON SALE LIQUOR & SUNDAY LIQUOR
Edenvale Golf Course
Green Streets
Kabuki Restaurant
Mexican Village
Stars Restaurant
Mirage
Snax Fifth Avenue
ON SALE CLUB LIQUOR & SUNDAY LIQUOR
Eden Prairie Legion
Olympic Hills Corporation
ON SALE WINE
Beijing Chinese Restaurant
Country Kitchen
Detello's Pizza & Pasta
3.2 BEER ON SALE
Cedar Hills Golf Park
Jerry's Super Valu
Lion's Tap
Rocky Rococo
Maxim's Chinese Cuisine
T. J. 's Restaurant
CLERK'S LICENSE APPLICATION LIST
page two
3.2 BEER OFF SALE
Jerry's Super Valu
Lion's Tap
PDQ Food Store
Rainbow Foods
The W. Gordon Smith Co.
Superamerica Station, W. 78th St.
Superamerica Station Pioneer TR.
Tom Thumb (Dell Road)
Tom Thumb (Columbine Rd)
CIGARETTE
Finaserve, Inc.
Jerry' Super Valu
Lion's Tap
PDQ Food Store
Rainbow Foods
The W. Gordon Smith Co.
Superamerica Station
Tom Thumb Store (Dell Rd)
Tom Thumb Store (Columbine Rd)
These licenses have been approved by the department heads responsible for
the licensed activity.
3127
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Carl Jullie, City Manager
Stuart A. Fox CO '
December 9, 1987
Transfer of Ownership of Pleasant Hill Cemetery to the City
For the past year and a half the City staff has been discussing and
researching the proposal of the Pleasant Hill Cemetery Association to transfer
the ownership/operation to the City. This subject was discussed at the April
7, 1987 Council meeting and a motion was made to have the City Attorney
research and complete the items necessary to transfer ownership of the
cemetery to the City. The staff has been working with the City Attorney's
office and the Board members of the Cemetery Association to reach an
understanding regarding operation and obligations as defined in State Statute
306. This agreement has been reached and as a result the way has been cleared
for transfer of ownership to the City.
Since the Association has been authorized to transfer the land, perpetual care
fund and records necessary for operation, the final step is for the City to
accept the ownership by resolution.
The Community Services Department would recommend that the City accept the
transfer of ownership of Pleasant Hill Cemetery by Resolution 87-330.
SAF :md
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-330
A RESOLUTION ACCEPTING TRANSFER OF THE PLEASANT HILL CEMETERY FROM THE
CEMETERY ASSOCIATION TO THE CITY OF EDEN PRAIRIE
WHEREAS, some of Eden Prairie's forefathers assembled together on
February 6, 1885 to form the Pleasant Hill Cemetery Association, and
WHEREAS, such Articles of Association were drafted to acquire and manage
property necessary or proper for the establishment, embellishment, care and
management of a cemetery for the burial of the dead, and
WHEREAS, the Pleasant Hill Cemetery and Association have been operating
as a public cemetery for the past 102 years under the laws of Minnesota
governing such operation and management, and
WHEREAS, the present Association Board members have expressed a desire to
transfer ownership and operation of the cemetery to the City, and
WHEREAS, the Association Board, after meeting with the City staff, have
been authorized by majority vote to proceed with such a transfer, and
WHEREAS, it is the City's desire to accept a friendly transfer, rather
than one as a result of abandonment or default.
NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does
hereby accept the transfer of the ownership of Pleasant Hill Cemetery from the
Pleasant Hill Cemetery Association Board with all rights and obligations as
defined in Chapter 306 of the Minnesotd State Statues.
ADOPTED by the City Council of Eden Prairie on this 15th day of December
1987.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, Clerk SEAL
Marriott Courtyard
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 54-87-PUD-14-87
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGA_ 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 C-Reg District and be placed in the Planned Unit Development 14-87-
C-Reg-Ser District (hereinafter "PUD 14-87-C-Reg-Ser").
Section 3. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of December 15, 1987, entered into
between Marriott Corporation and the City of Eden Prairie (hereinafter "Developer's
Agreement") and that certain supplement to the Developer's Agreement, dated as of
December 15, 1987, entered into between Vantage Companies and the City of Eden
Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement
contain the terms and conditions of PUD 14-87-C-Reg-Ser, and are hereby made a part
hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 14-87-C-Reg-Ser is not in conflict with the goals of the Guide
Plan of the City.
B. PhD 14-87-C-Reg-Ser 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 14-87-C-Reg-Ser are
justified by the design of the development described therein.
D. PUD 14-87-C-Reg-Ser 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 C-Reg District and shall be included hereafter in the
Planned Unit Development 14-87-C-Reg-Ser 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 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Viola
t
i
o
n
"
a
n
d
Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted
i
n
t
h
e
i
r
entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Ed
e
n
Prairie on the 3rd day of November, 1987, and finally read and adopted and
o
r
d
e
r
e
d
published at a regular meeting of the City Council of said City on the 15t
h
d
a
y
o
f
December, 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 e. District Review
Outlots.C, 0, E, F; GOLDEN STRIP
Lot 1, Block 1, Lot 1, Block 2, Lot 1, Block 3; GO
L
D
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N
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2
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ADDITION I.ot 1, Block 1, Lot 1, Block 2, Lot 1, Block 3, Ou
t
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s
A
,
8
,
C
,
D
;
G
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C
A
S
T
Lot 1, Block 1, Out1ot A; CROSSROADS CENTER
All in Hennepin County, Minnesota
REZONING FROM C-REG TO C-REG-SER
That part of Outlot F, GOLDEN STRIP, and th
a
t
p
a
r
t
o
f
L
o
t
1
,
B
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c
k
1
.
GOLDEN STRIP SECOND ADDITION, accordin
g
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,
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f
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a
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d
of record in the office of the County Recorder,
H
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p
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C
o
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t
y
,
M
i
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a
,
described as follows:
Commencing at the most westerly boundary c
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o
f
C
R
O
S
S
R
O
A
D
S
C
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,
according to the recorded plat thereof; th
e
n
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S
o
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3
8
d
e
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r
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s
3
4
minutes 31 seconds East, assumed basis f
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g
s
,
2
6
5
.
0
6
f
e
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t
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the southwesterly boundary line of said
C
R
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C
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t
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e
p
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t
of beginning of the property to be descr
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d
;
t
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t
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u
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S
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38 degrees 34 minutes 31 seconds East 12.9
4
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-
westerly boundary line; thence southeaster
l
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2
3
1
.
5
6
f
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a tangen-tial curve concave to the northeast, rad
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6
1
7
.
2
0
f
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.angle 21 degrees 29 minutes 47 seconds a
l
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w
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b
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-
dary line; thence southeasterly 54.00 fee
t
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a
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p
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c
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c
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to the northeast, radius 780.86 feet and
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3
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5
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minutes 44 seconds along said southweste
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;
t
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27 degrees 24 minutes 14 seconds West 45
5
.
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6
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line of said Lot I, Block 1, GOLDEN STRIP SEC
O
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;
t
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54 degrees 56 minutes 26 seconds West 512.
0
3
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southwesterly line; thence North 53 degrees 2
4
m
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s
4
4
s
e
c
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d
s
E
a
s
t
496.23 feet to the point of beginning.
PRELIMINARY PLAT
That part of Outlet F, GOLDEN STRIP, and th
a
t
p
a
r
t
o
f
L
o
t
1
,
B
l
o
c
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1, GOLDEN STRIP SECOND ADDITION, according to the pla
t
s
t
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o
f
,
o
n
f
i
l
e
a
n
d
o
f
r
e
c
o
r
d
in the office of the County Recorder, Henn
e
p
i
n
C
o
u
n
t
y
,
M
i
n
n
e
s
o
t
a
,
l
y
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n
g
southerly and southwesterly of the southw
e
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b
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d
a
r
y
l
i
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f
C
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S
R
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A
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CENTER, according to the recorded plat the
r
e
o
f
.
Marriott Courtyard
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as o , 1987, by
Marriott Corporation, a <2(22cile14.47
corporation, hereinafter referred to
as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,
h
e
r
e
i
n
a
f
t
e
r
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Co
n
c
e
p
t
Amendment for 109.68 acres to the Southwest Crossing Planned Uni
t
D
e
v
e
l
o
p
m
e
n
t
Concept, Planned Unit Development District Review on 109.68 acres, w
i
t
h
v
a
r
i
a
n
c
e
s
,
Zoning District Change from C-Regional to C-Regional-Service on 4
.
2
a
c
r
e
s
,
a
n
d
Preliminary Plat of 13.94 acres into three lots for construction
o
f
a
1
4
9
-
r
o
o
m
hotel, situated in Hennepin County, State of Minnesota, more fully
d
e
s
c
r
i
b
e
d
i
n
Exhibit A, attached hereto and made a part hereof, and said acreag
e
h
e
r
e
i
n
a
f
t
e
r
referred to as "the property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance #54-
8
7
-
P
U
D
-
14-87, Developer covenants and agrees to construction upon, deve
l
o
p
m
e
n
t
,
a
n
d
maintenance of said property as follows:
1. Developer acknowledges that as part of the overall Southwest
Crossing Planned Unit Development Concept, development and
construction upon the property is also subject to the applicable
terms and conditions of the Southwest Crossing Master Agreement,
dated July 10, 1984, which contains requirements regarding
development of the 109.68-acre Southwest Crossing Planned Unit
Development, of which the property is a part.
2. Developer shall develop the property in conformance with the
materials revised and dated October 29, 1987, reviewed and approved
by the City Council on November 3, 1987, and attached hereto as
Exhibit 8, 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.
3. Developer covenants and agrees to the performance and observance
b
y
Developer at such times and in such manner as provided therein of
all of the terms, covenants, agreements, and conditions set forth
i
n
Exhibit C, attached hereto and made a part hereof.
4. Developer shall notify the City and the Watershed District 48 hou
r
s
prior to any grading, tree removal, or tree cutting on the propert
y
.
5. Prior to issuance of any building permit upon the propert
y
,
Developer shall submit to the City Engineer, and receive the Ci
t
y
Engineer's approval of plans for streets, sanitary sewer, wate
r
,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer shall construct
,
o
r
cause to be constructed, those improvements listed above in
s
a
i
d
plans, as approved by the City Engineer, in accordance with Ex
h
i
b
i
t
C, attached hereto.
6. Developer agrees to file a cross-access and maintenance agreemen
t
o
n
the property, in the location indicated along the east prop
e
r
t
y
line, as depicted in Exhibit B, attached hereto, for provision
o
f
a
shared access with the parcel to the east. Said agreement shal
l
b
e
filed on the property at Hennepin County. Developer agree
s
t
o
provide proof of filing of said agreement to the City prio
r
t
o
issuance of any building permit on the property.
7. As part of the development of the property, Developer has submi
t
t
e
d
a Design Criteria attached hereto as Exhibit D, and made a
p
a
r
t
hereof. Developer agrees to implement the construction on
t
h
e
property in accordance with said Design Criteria as approved by
t
h
e
City. Said Design Criteria includes development detail for
t
h
e
following:
A. Overall lighting for property, indicating the type, size,
style, and color of lighting standards for the property, and
indicating the location of said lighting standards.
B. Overall signage for the property, indicating the type, size,
style, and colors of the signage to be used on the property,
along with the location of said signage.
C. An overall pedestrian system for the property, including a
five-foot wide, five-inch thick, concrete sidewalk
connection to the City trail system at Viking Drive and
providing appropriate circulation on the property.
D. Overall mechanical equipment screening, indicating the type,
style, and color of materials to be used for screening of
mechanical equipment, said materials to be architecturally
integral with the exterior materials for the structure.
E. Overall landscaping for the property, indicating the size,
type, and location of all landscaping plant materials, with
the purpose of screening the parking and loading areas from
adjacent roads and differing uses.
F. Overall exterior materials for the structures on the property, to be implemented in accordance with the exterior
elevations attached hereto as part of Exhibit B. The type,
style, color, and location of said materials to be used on
the exterior of the structures, shall be as depicted in
Exhibit E, attached hereto, and made a part hereof, and as
approved by the City.
8. Developer has provided a "proof-of-parking" plan as part of E
x
h
i
b
i
t
B, attached hereto. City will not require Developer to con
s
t
r
u
c
t
said "proof-of-parking" areas until such time as City determin
e
s
,
i
n
its sole discretion, that the additional parking spaces
are necessary. When City determines that said parking is nece
s
s
a
r
y
,
City shall notify Developer in writing of the need for the pa
r
k
i
n
g
.
Developer shall then have sixty (60) days from the date of
w
r
i
t
t
e
n
notification to construct the parking spaces in the "pro
o
f
-
o
f
-
parking" areas as depicted in Exhibit B, attached hereto.
9. City hereby grants the following variances to City Code require
m
e
n
t
s
within the C-Regional-Service District through the Planned
U
n
i
t
Development District Review for the property and incorporates
s
a
i
d
variances as part of RID 14-87:
A. Building height is allowed to be greater than 40 ft., up to
45 ft.
B. Floor Area Ratio is allowed to be greater than 0.40, up to
0.44.
;•.f
12/10/1987 1329 A& C 12 OAKS, 18-DG.0 3
f
1
3
0
1
2
3
0
4
0
7
7
P.05
IN WITNESS WHEREOF, the parties to this Agreement have c
a
u
s
e
d
t
h
e
s
e
presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
Giey D. Peterson, PlaYor
Carl J. Juffie, City Manager
STATE OF MINNESOTA1
SS. COUNTY OF HENNEPIN
The foregoing instrument was acknowledged befo
r
e
m
e
t
h
i
s
_____ of , 1987, by Gary D. Peterson, the
M
a
y
o
r
and_ Carl Jullie, the City -Manager of the City of Eden Prairie, a Minnesota munici
p
a
l
c
o
r
p
o
r
a
t
i
o
n
,
o
n
behalf of said corporation.
Notary Public
MARRIOTT CORPORATION
By
Its Vice President
STATE OF MARYLAND
COUNTY OF MONTGOMERY
The foregoing instrument was acknowledged beli
e
m
e
t
h
i
s
kiA day of 1987, by 4.111en ri(enpct__ , a Vi re n
President of the Marriott Corporation, a u lawaie .corporatfon, on behalf of the corporation.
. Not ry ubI ic
.16,-51P1 M. M14L o.kir•,!rt r)y- My Exp:,-.;; July 1, IVA)
3i3-1
P . 07
DEVELOPER'S AGREEMENT
EXHIBIT C
I. Developer shall submit detailed construction and storm sew
e
r
p
l
a
n
s
t
o
t
h
e
Watershed District for review and approval. Developer s
h
a
l
l
f
o
l
l
o
w
a
l
l
rules and recommendations of said Watershed District.
II. Developer shall pay cash park fees as to all of the prop
e
r
t
y
r
e
q
u
i
r
e
d
by City Code in effect as of the date of the issuance of each
b
u
i
l
d
i
n
g
p
e
r
m
i
t
for construction on the property. Presently, the amount
o
f
c
a
s
h
p
a
r
k
f
e
e
applicable to the property is $2,300.00 per acre. The amount to be paid by Developer shall be increased or decreased to the extent th
a
t
t
h
e
C
i
t
y
C
o
d
e
is amended or supplemented to require a greater or lesser
a
m
o
u
n
t
a
s
o
f
t
h
e
date of the issuance of any building permit for const
r
u
c
t
i
o
n
o
n
t
h
e
property.
III. If Developer fails to proceed in accordance with this A
g
r
e
e
m
e
n
t
w
i
t
h
i
n
twenty-four (24) months of the date hereof, Developer,
f
o
r
i
t
s
e
l
f
,
i
t
s
successors, and assigns, shall not oppose rezoning of s
a
i
d
p
r
o
p
e
r
t
y
t
o
Rural.
IV. Provisions of this Agreement shall be binding upon and enf
o
r
c
e
a
b
l
e
a
g
a
i
n
s
t
owners, their successors, and their assigns of the
p
r
o
p
e
r
t
y
h
e
r
e
i
n
described.
V. Developer represents and warrants that it ex
p
e
c
t
s
t
o
a
c
q
u
i
r
e
f
e
e
title to the property free and clear of mort
g
a
g
e
s
,
l
i
e
n
s
,
a
n
d
:other encumbrances, subject only to the exce
p
t
i
o
n
s
e
n
u
m
e
r
a
t
e
d
o
n
Exhibit E hereto.
VI. Developer acknowledges that Developer is familiar with th
e
r
e
q
u
i
r
e
m
e
n
t
s
o
f
Chapter 11, Zoning, and Chapter 12, Subdivision Regulat
i
o
n
s
,
o
f
t
h
e
C
i
t
y
Code and other applicable City ordinances affecting the d
e
v
e
l
o
p
m
e
n
t
o
f
t
h
e
property. Developer agrees to develop the property in ac
c
o
r
d
a
n
c
e
w
i
t
h
t
h
e
requirements of all applicable City Code requirements and C
i
t
y
O
r
d
i
n
a
n
c
e
s
.
VII. City shall not issue any building permit for the con
s
t
r
u
c
t
i
o
n
o
f
a
n
y
building, structure, or improvement on any land required
t
o
b
e
s
u
b
d
i
v
i
d
e
d
until all requirements listed above have been satisfact
o
r
i
l
y
a
d
d
r
e
s
e
d
b
y
Developer.
VIII. Developer shall submit detailed watermain and fire protec
t
i
o
n
p
l
a
n
s
t
o
t
h
e
Fire Marshall for review and approval. Developer shal
l
f
o
l
l
o
w
a
l
l
t
h
e
recommendations of the Fire Marshall.
IX. Developer acknowledges that the rights of Cit
y
t
o
p
e
r
f
o
r
m
a
n
c
e
o
f
obligations of Developer contemplated in thi
s
a
g
r
e
e
m
e
n
t
i
f
Developer elects to commence construction of
t
h
e
I
m
p
r
o
v
e
m
e
n
t
s
o
n
the property are special, unique, and of an e
x
t
r
a
o
r
d
i
n
a
r
y
c
h
a
r
a
c
t
e
r
and that, in the event that Developer violate
s
,
o
r
f
a
i
l
s
,
or re-fuses to perform'any covenant, condition, or provi
s
i
o
n
m
a
d
e
h
e
r
e
i
n
- City may be without an adeuqate _remedy at law
.
_
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
,
_
therefore, that in the event Developer elects to commence construction of the Improvements on the prope
r
t
y
v
i
o
l
a
t
e
s
,
f
a
i
l
s
,
or refuses to perform any covenant, condition
,
o
r
p
r
o
v
i
s
i
o
n
m
a
d
e
herein, City may, at its
option, institute and prosecute
performance of such covenant. No
intended to be exclusive and each
addition to every other remedy. The
shall not constitute a waiver of any
an action to specifically enforce
remedy conferred in this agreement is
shall be cumulative and shall be in
election of any one or more remedies
other remedy.
X. Any term of this Agreement that is illegal or
u
n
e
n
f
o
r
c
e
a
b
l
e
a
t
l
a
w
o
r
i
n
equity shall be deemed to be void and of
n
o
f
o
r
c
e
o
r
e
f
f
e
c
t
t
o
t
h
e
e
x
t
e
n
t
necessary to bring such term within the p
r
o
v
i
s
i
o
n
s
o
f
a
n
y
s
u
c
h
a
p
p
l
i
c
a
b
l
e
law or laws, and such terms as so modified
a
n
d
t
h
e
b
a
l
a
n
c
e
o
f
t
h
e
t
e
r
m
s
o
f
this agreement shall be enforceable.
XI. Developer shall, prior to the commencem
e
n
t
o
f
a
n
y
i
m
p
r
o
v
e
m
e
n
t
s
,
p
r
o
v
i
d
e
written notice to Rogers Ceblesystems
S
o
u
t
h
w
e
s
t
,
a
M
i
n
n
e
s
o
t
a
L
i
m
i
t
e
d
Partnership, the franchisee under the Cit
y
'
s
C
a
b
l
e
C
o
m
m
u
n
i
c
a
t
i
o
n
O
r
d
i
n
a
n
c
e
(80-33) of the development contemplated
b
y
t
h
i
s
D
e
v
e
l
o
p
e
r
'
s
A
g
r
e
e
m
e
n
t
.
Notice shall be sent to Rogers Cablesyste
m
s
S
o
u
t
h
w
e
s
t
,
8
0
1
P
l
y
m
o
u
t
h
A
v
e
n
u
e
North, Minneapolis, Minnesota, 55411.
,31 3.)
EXHIBIT D
DESIGN GUIDELINES
SOUTHWEST CROSSINGS
COURTYARD BY MARRIOTT HOTEL,
The following document is meant as a guideline for the design dev
e
l
o
p
m
e
n
t
,
o
f
t
h
e
Courtyard by Marriott Hotel within Southwest Crossing. The stand
a
r
d
s
o
u
t
l
i
n
e
d
within the guidelines haveleen agreed to by Marriott and will b
e
i
n
c
o
r
p
o
r
a
t
e
d
with the Vantage Companies Design Framework Manual.
BUILDING MATERIALS
The Vantage Companies have established for one Southwest Crossing
s
a
n
d
t
h
e
p
r
o
-
posed two and three Southwest Crossings buildings a high-quality
b
u
i
l
d
i
n
g
material standard which incorporates the use of brief() stone, glass, or other
approved materials which comply with the City of Eden Prairie sta
n
d
a
r
d
s
.
Building within the interior of Southwest Crossings will utilize
s
i
m
i
l
a
r
materials and colors. Buildings near the perimeter of the Busine
s
s
P
a
r
k
w
i
l
l
utilize similar materials and will incorporate colors which will p
r
o
v
i
d
e
a
t
r
a
n
-
sition from the buildings in the interior to buildings which are n
o
t
w
i
t
h
i
n
Southwest Crossings. Colors for the materials to be used by Marri
o
t
t
w
i
l
l
b
e
a
s
represented on the colored rendering of the building so as to comp
l
e
m
e
n
t
t
h
e
building exterior of One Southwest Crossing.
ROOFS
The majority of commercial uses within Southwest Crossings Busin
e
s
s
P
a
r
k
i
n
c
o
r
-
porate a flat roof as part of the design. It is recognized that
s
e
v
e
r
a
l
o
f
t
h
e
potential uses On the property west of Prairie Center Drive bet
w
e
e
n
V
i
k
i
n
g
D
r
i
v
e
and 2-494 will be smaller buildings which may incorporate roofli
n
e
s
w
h
i
c
h
a
r
e
not flat and incorporate various types of building materials. T
h
e
C
o
u
r
t
y
a
r
d
b
y
Marriott Hotel is one example of a roof style which can be utilized within the
development by restaurants which are proposed for the developme
n
t
.
T
h
e
c
o
l
o
r
o
f
the building materials used for the roof shall conform with the
a
c
c
e
n
t
c
o
l
o
r
s
which have been utilized within Southwest Crossing.
3)(40
Roof pitch to be uniform, special care will be taken as additiona
l
d
e
v
e
l
o
p
m
e
n
t
Is proposed to incorporate roof styles that are similar to the Ma
r
r
i
o
t
t
H
o
t
e
l
o
r
complement the Marriott roof style.
LIGHTING
Vantage has established two basic styles of light fixtures for Sou
t
h
w
e
s
t
Crossing. On the larger buildings, Vantage has incorporated the u
s
e
o
f
B
o
l
l
a
r
d
lights and parking lot fixtures, which are dark brown in color wit
h
p
o
l
e
s
t
h
a
t
range in height from fifteen to thirty feet. Parking lot lights w
i
t
h
i
n
t
h
e
larger buildings have a round fixture head with square fixture hea
d
s
i
n
t
h
e
smaller parking lot and building areas of the business park. The
C
o
u
r
t
y
a
r
d
b
y
Marriott Hotel will utilize a fixture similar to the ones utilized
i
n
t
h
e
Crossroads Center Retail development with twenty-foot bronze anodiz
e
d
p
o
l
e
s
.
Vantage has utilized in the business park mercury vapor and high-pr
e
s
s
u
r
e
s
o
d
i
u
m
bulbs, depending on the building accent. The Courtyard by Marriott
H
o
t
e
l
p
r
o
p
o
-
ses to use high-pressure sodium to accent the landscape and buildin
g
e
x
t
e
r
i
o
r
proposed.
LANDSCAPING
The Southwest Crossings Business Park has used A variety of plant
m
a
t
e
r
i
a
l
s
t
o
provide a natural-type environment for buildings in areas where t
h
e
r
e
a
r
e
substantial deciduous stands of trees. Vantage has incorporated
t
h
e
u
s
e
o
f
conifers to accent this area along with additional deciduous tre
e
s
.
T
h
e
a
r
e
a
between Prairie Center Drive and Highway 169 is virtually void of trees and
therefore developments within this area should incorporate a mixt
u
r
e
o
f
d
e
c
i
-
duous and conifers to provide a landscape environment that is ple
a
s
i
n
g
f
o
r
a
l
l
seasons. The use of understory plantings around the building wil
l
b
e
u
t
i
l
i
z
e
d
with conifers and deciduous spread throughout the remainder of th
e
d
e
v
e
l
o
p
m
e
n
t
as design by the landscape architect.
Prior to review by the Council, Vantage will submit a master plan
t
l
i
s
t
w
h
i
c
h
Marriott will select from.
r
PEDESTRIAN CIRCULATION
Pedestrian circulation in the Southwest Crossing Business Park is
i
m
p
o
r
t
a
n
t
t
o
not only the City of Eden Prairie but also to the development. Va
n
t
a
g
e
h
a
s
p
r
o
-
vided as part of the initial improvements within the business park
c
o
n
c
r
e
t
e
sidewalks in the area between TN 169 and Prairie Center Drive. Th
e
s
i
d
e
w
a
l
k
s
terminate at Prairie Center Drive on the south side and continue
o
n
t
h
e
n
o
r
t
h
side as a bituminous pathway which circulates around Smetana Lake and will u
l
t
i
-
mately connect with the sidewalk at Golden Triangle Road.
Wherever possible, new developments within the business park will
b
e
r
e
q
u
i
r
e
d
t
o
connect their interior pedestrian circulation system to the busine
s
s
p
a
r
k
c
i
r
-
culation system. This will provide a safe means for people to mov
e
f
r
o
m
o
n
e
building to another and will provide a uniform system of pedestria
n
c
i
r
c
u
l
a
t
i
o
n
throughout the park.
SIGNAGE
Development within the Southwest Business Park appears to have thre
e
d
i
s
t
i
n
c
t
areas which will require different styles of signage. The area bet
w
e
e
n
T
N
1
6
9
and Prairie Center Drive is a commercial use with several parcels anticipated to
be sold to other developers for the construction of hotels, restaur
a
n
t
s
,
a
n
d
retail facilities. As such, each will require unique signage which
w
i
l
l
i
d
e
n
-
tify the commercial use of the property. In many cases, such as
w
i
t
h
t
h
e
Courtyard by Marriott Hotel, a sign standard has been established which is uti-
lized nationwide. As part of the Design Framework Manual which V
a
n
t
a
g
e
i
s
d
e
v
e
-
loping, a standard height for monument signs along the secondary
r
o
a
d
w
a
y
s
i
s
being considered which will also Incorporate building materials w
h
i
c
h
a
r
e
c
o
m
-
patible with the other materials used within the development. Th
e
h
e
i
g
h
t
o
f
t
h
e
monument signs will be regulated to conform with the City of Eden
P
r
a
i
r
i
e
s
t
a
n
-
dards and with standards established In the Design Framework Manu
a
l
w
h
i
c
h
w
i
l
l
not infringe on adjacent properties.
Identification signs adjacent to the interstate freeway and TN 16
9
w
i
l
l
a
g
a
i
n
allow for different style signs but will incorporate a uniform po
l
e
b
a
s
e
a
n
d
a height which will conform with the City of Eden Prairie standards
.
Vantage will utilize on other signs similar poles and will use ma
t
e
r
i
a
l
s
w
h
i
c
h
match building exterior.
12/10/1987 13:36 A& C 12 OAKS, BLDG.0 3f1 301 230 4077
P.13
The development which is anticipated to continue In the area betw
e
e
n
P
r
a
i
r
i
e
Center Drive and Golden Triangle Road is anticipated to be a high
e
r
q
u
a
l
i
t
y
office development with a combination of tenants similar to what
h
a
s
b
e
e
n
f
o
u
n
d
in One Southwest Crossings. This area will require monument signs similar to
what has been established for One Southwest Crossings.
Pylon signs will be proposed for areas along 1-494 and TH 169 wher
e
c
o
m
m
e
r
c
i
a
l
buildings are planned. Other areas of the project will be limited
t
o
m
o
n
u
m
e
n
t
signs for identification. 'Commercial Building similar to Crossroa
d
s
C
e
n
t
e
r
w
i
l
l
have wall signs (back lighted) for identification. Vantage will s
u
b
m
i
t
a
m
o
r
e
complete sign package with the Design Framework Manual.
Highrise signs along the freeway will not be allowed within this a
r
e
a
a
n
d
i
d
e
n
-
tification of the buildings will be encouraged by means of monumen
t
s
i
g
n
s
a
n
d
signs placed on the face of the building when it is appropriate an
d
a
p
p
r
o
v
e
d
b
y
the City of Eden Prairie.
The area east of Golden Triangle Road is anticipated to be a group
o
f
s
m
a
l
l
e
r
size buildings which will be built for specific users. An example
i
s
t
h
e
p
r
o
-
posed KMSP building on Site 16. Each of these users will have entr
a
n
c
e
m
o
n
u
-
ments and possible a sign on the building identifying the tenant
.
, Within the area of Southwest Crossing, Vantage is proposing to i
n
c
o
r
p
o
r
a
t
e
regional type signs which will identify the business park. Each
o
f
t
h
e
s
e
s
i
g
n
s
will conform with the type of materials and colors that have been
u
t
i
l
i
z
e
d
throughout the development.
TRAFFIC CIRCULATION
Vantage has recognized the importance of controlling traffic circ
u
l
a
t
i
o
n
throughout the Southwest Crossings Business Park. Vantage has wo
r
k
e
d
w
i
t
h
t
h
e
City of Eden Prairie in establishing land uses which identify pot
e
n
t
i
a
l
t
r
a
f
f
i
c
generation for each site as well as the entire park. Vantage has
a
g
r
e
e
d
t
o
a
maximum number of PM peak trips which will utilize the road syst
e
m
.
E
a
c
h
n
e
w
development which occurs within the business park will be require
d
t
o
i
d
e
n
t
i
f
y
the impact of its traffic, the overall system, and incorporate tr
a
f
f
i
c
m
a
n
a
g
e
-
ment systems or reduction in the volume of traffic to conform with
t
h
e
s
t
a
n
d
a
r
d
s
aW ,A701 M L 12 OAKS, 131...DG.0 3f1 301 230 4077 P.14
r"-n
established. To help control traffic on the City system Vantage has agreed to
minimize the number of curb cuts on to Viking Drive as a means of controlling
traffic within its own developments. In addition, Vantage has recognized the
importance of traffic signals at Prairie Center Drive, Viking Drive, and TM 169,
and is working with the City of Eden Prairie in establishing guidelines in the
installation of a traffic signal at the required locations. At this time no
cost participation formulas have been established by the City for the traffic
signal systems.
ROOFTOP SCREENING
Vantage has incorporated within its developments the standards established by
the City of Eden Prairie for the screening of rooftop mechanical systems. Each
development within the business park will be required to screen any rooftop
mechanical units in such a fashion that they are not visible from the highway
and City street system, By means of incorporating decorative screening
materials which are comparable to that which IS utilized at the showroom/tech
project at Southwest Crossings.' The Vantage Design Framework Manual will iden-
tify the type of screening in more detail.
Marriott Hotels agrees to conform with the guidelines established within this
guideline and will work with Vantage and the City of Eden Prairie in creating an
. environment which is both pleasing for the City of Eden Prairie and the other
developments within Southwest Crossings.
'310
Tr1T01 0 q
H 588858 C
Page: 2
EXHIBIT E
SCHEDULE B
IN ADDITION TO THE STANDARD EXCEPTIONS, CONDITIONS A
N
D
STIPULATIONS ATTACHED HERETO, AND THE CONDITIONS, ST
I
P
U
L
A
T
I
O
N
S
A
N
D
EXCLUSIONS FROM COVERAGE IN THE COMPANY'S USUAL FORM
O
F
P
O
L
I
C
Y
,
THE LAND REFERRED TO IS, AS OF THE EFFECTIVE DATE HE
R
E
O
F
,
S
U
B
J
E
C
T
TO THE FOLLOWING:
1. Tax information to follow by endorsement.
2. Special assessments ordered from Eden Prairie. Info
r
m
a
t
i
o
n
will follow by endorsement.
3. Mortgage:
Dated: October 5, 1983
Filed: January 20, 1984
As Document No. 4860984
Mortgagor: Robert 0. Naegele, an undivided 1/6 inter
e
s
t
,
Richard F. Condon, an undivided 1/2 interest, Rober
t
O
.
Naegele, Jr., an undivided 1/6 interest, and Willia
m
O
.
Naegele, an undivided 1/6 interest
Mortgagee: Vantage Properties, Inc. (a Texas Corpo
r
a
t
i
o
n
)
To secure an indebtedness of $1,098,791.25.
Subject to any other sums which may become due and
p
a
y
a
b
l
e
under the terms thereof.- -
The above Mortgage has been subordinated to the lie
n
o
f
Mortgage Document No. 5064064, by Subordination Agre
e
m
e
n
t
recorded as Document No. 5064066.
4. Mortgage:
Dated: October 29, 1985
Filed: December 20, 1985
As Document No. 5064064
Mortgagor: Southwest Crossing Joint Venture, a Minn
e
s
o
t
a
general partnership
Mortgagee: Vantage Properties, Inc. (a Texas Corpor
a
t
i
o
n
)
To secure an indebtedness of $2,000,000.00.
Subject to any other sums which may become due and p
a
y
a
b
l
e
under the terms thereof.
The above mortgage has been assigned to Vancorp Fina
n
c
e
Company of Texas, Inc. by assignment dated October 29
,
1
9
8
5
,
filed December 18, 1985, as Document No. 5064067.
The above mortgage has been assigned to Citicorp Real
E
s
t
a
t
e
,
Inc. by assignment dated October 29, 1985, filed Dece
m
b
e
r
1
8
,
1985, as Document No. 5064068.
MINNESOTA
TITLEA
• Alp
TVIA Farm 3131 VW
H 588858 C
Page: 3
Above Mortgage amended by Modification an
d
A
m
e
n
d
m
e
n
t
t
o
N
o
t
e
,
Mortgage and Security Agreement, Assignm
e
n
t
o
f
L
a
n
d
l
o
r
d
'
s
Interest in Lease, Financing Statements
a
n
d
A
s
s
i
g
n
m
e
n
t
s
o
f
Note and Security dated July 23, 1986,
f
i
l
e
d
J
u
l
y
2
4
,
1
9
8
6
,
a
s
Document No. 5134026. This amendment inc
r
e
a
s
e
s
t
h
e
a
m
o
u
n
t
o
f
said Mortgage to $6,000,000.00.
Purported Assignment of Mortgage and Sec
u
r
i
t
y
A
g
r
e
e
m
e
n
t
b
y
Vantage Properties, Inc. to Wembley Inve
s
t
m
e
n
t
C
o
m
p
a
n
y
(
a
Delaware Corporation) dated April 28, 1
9
8
7
a
n
d
f
i
l
e
d
S
e
p
t
e
m
b
e
r
16, 1987 as Document No. 5324781. Assign
m
e
n
t
n
o
t
e
x
e
c
u
t
e
d
b
y
owner of Mortgage.
5. Financing Statement by and between Sout
h
w
e
s
t
C
r
o
s
s
i
n
g
J
o
i
n
t
Venture as debtor, and Vantage Properti
e
s
,
I
n
c
.
a
s
s
e
c
u
r
e
d
party, filed December 20, 1985, as Docu
m
e
n
t
N
o
.
5
0
6
4
0
6
5
.
Said statement recites the assignee of
t
h
e
s
e
c
u
r
e
d
p
a
r
t
y
a
s
Vancorp Finance Company of Texas, Inc.
The above Financing Statement has been
a
s
s
i
g
n
e
d
t
o
C
i
t
i
c
o
r
p
Real Estate, Inc., by assignment filed
D
e
c
e
m
b
e
r
2
0
,
1
9
8
5
,
a
s
Document No. 5064070.
Above Financing Statement amended by Am
e
n
d
m
e
n
t
f
i
l
e
d
J
u
l
y
2
4
,
1986, as Document No. 5134027.
6. Assignment of Landlord's Interest in Le
a
s
e
s
b
y
S
o
u
t
h
w
e
s
t
Crossing Joint Venture, a partnership, t
o
V
a
n
t
a
g
e
P
r
o
p
e
r
t
i
e
s
,
Inc., dated October 29, 1985, filed Dec
e
m
b
e
r
2
0
,
1
9
8
5
,
a
s
Document No. 5064069.
Above Assignment of Landlord's interest
i
n
L
e
a
s
e
s
a
m
e
n
d
e
d
b
y
Modification and Amendment to Note, Mor
t
g
a
g
e
,
a
n
d
S
e
c
u
r
i
t
y
Agreement, Assignment of Landlord's Int
e
r
e
s
t
i
n
L
e
a
s
e
s
,
Financing Statements and Assignments of
N
o
t
e
a
n
d
S
e
c
u
r
i
t
y
dated July 23, 1986, filed July 24, 198
6
,
a
s
D
o
c
u
m
e
n
t
N
o
.
5134026.
Above Assignment of Landlord's Interest
i
n
L
e
a
s
e
s
a
s
s
i
g
n
e
d
t
o
Wembley Investment Company (a Delaware
C
o
r
p
o
r
a
t
i
o
n
)
b
y
assignment filed September 16, 1987 as D
o
c
u
m
e
n
t
N
o
.
5
3
2
4
7
8
1
.
7. Financing Statement by and between Paul
B
o
z
o
i
a
n
,
D
.
M
.
D
.
a
s
debtor, and State Bank of Young America
a
s
s
e
c
u
r
e
d
p
a
r
t
y
,
filed July 23, 1987 as Document No. 5302
0
3
3
.
8. Transfer of Note, Liens and Security Int
e
r
e
s
t
s
d
a
t
e
d
A
p
r
i
l
2
8
,
1987, filed September 16, 1987 as Docume
n
t
N
o
.
5
3
2
4
7
8
1
.
Utility and drainage easement(s) as sho
w
n
o
n
the plat of MINNESOTA DPIA1L
MA ion% 3131 Sae
(:42. Utility easement in favor of North
e
r
n
S
t
a
t
e
s
P
o
w
e
r
C
o
m
p
a
n
y
limited to the North 75 feet of Governm
e
n
t
L
o
t
6
,
S
e
c
t
i
o
n
1
3
,
Township 116, Range 22 lying North of H
i
g
h
w
a
y
4
9
4
as shown in Document No. 3677556, filed September 2
6
,
1
9
6
7
a
n
d
o
v
e
r
Government Lot 5, Section 13, Township
1
1
6
,
R
a
n
g
e
2
2
a
s
s
h
o
w
n
in Document no. 3980857.
(Affects Lot 1, Block 1, Golden Strip S
e
c
o
n
d
A
d
d
i
t
i
o
n
)
Right to acquire all trees, shrubs, gra
s
s
a
n
d
h
e
r
b
a
g
e
w
i
t
h
i
n
the right of way of Highway 5 and 494 a
n
d
r
i
g
h
t
t
o
a
c
c
e
s
s
t
o
said highway as shown on final certific
a
t
e
D
o
c
u
m
e
n
t
N
o
.
3677302, filed September 25, 1967.
(Affects Lots bordering said highway)
H 588858 C
Page: 4
Golden Strip.
60/ Utility and drainage easement(s) as s
h
o
w
n
o
n
t
h
e
p
l
a
t
o
f
Golden Strip Second Addition.
13. Right of access being the right of ingr
e
s
s
t
o
a
n
d
e
g
r
e
s
s
f
r
o
m
Out lots A and F, Golden Strip to Trunk
H
i
g
h
w
a
y
N
o
.
4
9
4
a
n
d
1
6
9
in favor of the City of Eden Prairie as
s
h
o
w
n
i
n
D
o
c
u
m
e
n
t
N
o
.
4439933, filed December 28, 1978.
(Affects Lot 1, Blcok 1 Golden Strip Sec
o
n
d
A
d
d
i
t
i
o
n
a
n
d
Out lot F, Golden Strip)
(I
14. Right to acquire all trees, shrubs, gras
s
a
n
d
h
e
r
b
a
g
e
w
i
t
h
i
n
-/
the right of way of Highway 494 and 5 an
d
r
i
g
h
t
o
f
a
c
c
e
s
s
t
o
same as shown in final certificate Docum
e
n
t
N
o
.
4
4
4
4
2
3
6
,
f
i
l
e
d
January 11, 1979.
(Affects Lots bordering said highway)
15. Terms, agreements, conditions, provision
s
a
n
d
l
i
m
i
t
a
t
i
o
n
s
o
f
that certain Contract for Deed by and be
t
w
e
e
n
R
o
b
e
r
t
0
.
Naegele, an undivided 16-2/3% interest;
R
i
c
h
a
r
d
F
.
C
o
n
d
o
n
,
a
n
undivided 50% interest; Robert O. Naegele
,
Jr., an undivided 16-2/3% interests and William 0. Naegele, a
n
u
n
d
i
v
i
d
e
d
1
6
-
2
/
3
%
interest, as seller, and CNV Associates Jo
i
n
t
V
e
n
t
u
r
e
,
a
Minnesota partnership, as purchaser, dated
O
c
t
o
b
e
r
5
,
1
9
8
3
,
filed January 20, 1984, as Document No. 486
0
9
8
5
.
(As to Lot I, Block 1, Golden Strip Secon
d
Addition)
Note: Seller reserved easements for outd
o
o
r
a
d
v
e
r
t
i
s
i
n
g
purposes.
Note: Above vendee has changed its name t
o
S
o
u
t
h
w
e
s
t
C
r
o
s
s
i
n
g
Joint Venture, a Minnesota general partne
r
s
h
i
p
.
16. Easement for public utilities over part of
L
o
t
1
,
B
l
o
c
k
1
,
MINNESOTA
TITLE4
31L0
TIM Form 3131 OISE
H 588858 C
Page: 5
Bolden Strip Second Addition
a
s
a
c
q
u
i
r
e
d
u
n
d
e
r
E
a
s
e
m
e
n
t
f
i
l
e
d
a
s
Document No. 4744096.
17. The above legal description co
n
s
t
i
t
u
t
e
s
a
s
p
l
i
t
o
f
a
n
e
x
i
s
t
i
n
g
tax parcel. Approval of the a
p
p
r
o
p
r
i
a
t
e
m
u
n
i
c
i
p
a
l
o
f
f
i
c
e
r
s
for such a split to take place
m
u
s
t
b
e
o
b
t
a
i
n
e
d
a
n
d
a
p
p
e
a
r
o
n
the face of any instrument of
c
o
n
v
e
y
a
n
c
e
o
r
a
c
e
r
t
i
f
i
e
d
c
o
p
y
of the resolution by the City
m
u
s
t
b
e
s
u
b
m
i
t
t
e
d
t
o
t
h
e
Company.
18. Interest of Vantage Properti
e
s
,
I
n
c
.
T
h
e
t
i
t
l
e
i
n
s
u
r
a
n
c
e
application recites said part
y
a
s
b
e
i
n
g
t
h
e
p
r
e
s
e
n
t
o
w
n
e
r
o
f
the premises.
19. The Title of Marriott Corpora
t
i
o
n
i
s
t
o
b
e
e
s
t
a
b
l
i
s
h
e
d
o
f
record.
NOTE: If there are any quest
i
o
n
s
c
o
n
c
e
r
n
i
n
g
t
h
e
e
x
c
e
p
t
i
o
n
s
under Schedule 8 of this comm
i
t
m
e
n
t
,
p
l
e
a
s
e
c
a
l
l
C
a
r
o
l
y
n
McCann.
34Z
Marriott Courtyard
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-316
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 54-87-PUD-14-87 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 54-87-PUD-14-87 was adopted and ordered published at
a regular meeting of the City Council of the City of Eden Prairie on the 15th day of
December, 1987;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the surrmary of Ordinance No. 54-87-PUD-14-87, 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. 54-87-PUD-14-87 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 December 15, 1987.
GiFy D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
31u9
Starrwood Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 56-87
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN
L
A
N
D
F
R
O
M
O
N
E
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEG& DESCRIP
T
I
O
N
S
O
F
L
A
N
D
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CCOE CHAPTER 1 AND
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, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached
h
e
r
e
t
o
a
n
d
m
a
d
e
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 Distric
t
.
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 h
e
r
e
a
f
t
e
r
i
n
t
h
e
R1-13.5 District, and the legal descriptions of land in each District
r
e
f
e
r
r
e
d
t
o
i
n
City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be,
a
n
d
a
r
e
a
m
e
n
d
e
d
accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for
V
i
o
l
a
t
i
o
n
"
a
n
d
Section 11.99, entitled "Violation a Misdemeanor" are hereby ad
o
p
t
e
d
i
n
t
h
e
i
r
entirety, by reference, as though repeated verbatim herein.
Section 5. The lard shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of December 15, 1987
,
e
n
t
e
r
e
d
i
n
t
o
between Cardarelle & Associates, Inc., and Lyman Lumber, jointly
r
e
f
e
r
r
e
d
t
o
a
s
"Developer," and the City of Eden Prairie, and that certain Owner's
S
u
p
p
l
e
m
e
n
t
t
o
Developer's Agreement, between Joseph L. Flesher, Jr., and Harriet Fl
e
s
h
e
r
,
h
u
s
b
a
n
d
and wife, and the City of Eden Prairie, dated as of December 15
,
1
9
8
7
,
w
h
i
c
h
Agreement and Owner's 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 o
f
E
d
e
n
Prairie on the 17th day of November, 1987, and finally read and adopt
e
d
a
n
d
o
r
d
e
r
e
d
published at a regular meeting of the City Council of said City on t
h
e
1
5
t
h
d
a
y
o
f
December, 1987.
ATTEST:
John D. Frane, City Clerk
Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the
day of
?1:70
ZONING • Thot ourt of Governmen1 Lot 5 und aceretinno 0,cretV. Seetien 22, Townmhip 116. Rance 27, dencri bed no beginning at the memodor corner on the Spot line of on id Government Let 5: thence North stone soid We, tine 109 feet; thenee Foot ramify' to the North line or said Government Lot 5 disionce of 555 feet; thence South 2 degrees 45 minutes Fast a diStanCe Of 400 feet: thence South 6 cluitrees 20 minutes Emelt a distance of 384 feet mere or leas, to the shore or Starring Lake: thence . Westerly along said shore to its intersection with the West line of said Section 22; thenre north along the tent line of said Section 22 to the point of beginning. except that port described ow follows; All that port of the West 264.91 feet. no measured at right angles to the West line thereof. of said Government Lot 5, thence running Northerly along said West line of Government Lot 5, n distance of 542.25 feet to the . l*point of beginning of the line to be described, thence deflecting 89 degrees 36 minutes to lhe right nod running ensterly to a point on the Eliot line of said West 264.91 feet of Gnvernment Lot S and there terminoting, and except that pert of the above described property which lies Southerly of the centerline of R h Rend. The. North 209.42 feet of the Fool 208.0 feet of Government Lot 5, Seetinn 22, Township 116. Range 27. Ti..,' iuti nt Government Lot 5, Nees ion 22. it.wh hlp lin. Noelh noogo 22 West of the 5th Principnl II,. tin, dewer1bed its follnwv: hvginning at the Vorlh,em, corner of moid Government Lot 5. thorn., Soot). "long the Wept line of ..aid Government Lot 5 diotatit 466.65 feel to a point 813.9 feet North of II,,' Snoth..st corner of the Northweot 1/4 of sovd Seetinn 22: thence East parallel with the South line or snid Northwest 1/4 distant 555.0 feet: thence South 2 degrees 45 minutes East 400.0 feet: thence South 6 degreei 20 minutes East 83.5 feet to the centerline of County Road No. 2; thence North 81 degrees 58 minutes East along said . line 150.06 feet: thence South 6 degrees 20 minutes East 344.0 feet more or less to the Shore of Starring Enke; them,. Easterly along the shore of ' ie Lake to the Fnot line of said Government Lot 5: thence North along said Ebel line to a point 208.42 feet Ruth of the Northeast corner of said Government Lot. 5: thence West parallel with the North line of said Lot 5 208.0 feet; thence North porniiel with said East line 209.42 feet to said North line: thence hest along said North line to the point of beginning except that part lying eoutherly of the centerline of County Rend Na. 2. The South 167.87 feet of that part of the Northwest 1/4 of the Sorthweot 1/4 of Section 22. Tea:net:op 116, Ronge 22 llit,g Enst of the hest 553.5 feet thereof. enntnining 3.0 Acres. Except the following described parcel: That part of Government Lot 5 and the Nothweet Quarter of the Northwest Quarter of 'Section 22. Township 116. Range 22, decribed ae followeF Beginning at the Northwest corner of said Go ****** nt Lot 5: thence South 88 d eeeeee 24 minute. 39 seconds East, assumed basis for bearing.. 553.71 feet, alone the north line of maid Government Lot 5, to the east line of the west 553.5 feet of maid Northwest Quarter of the Northwest Quarter; thence on • bearing of North 167.93 feet, along meld east line, to the north line of the mouth 167.87 feet of said Northwest Quarter of the Northwest Quarter; thence South 88 d eeeeee 24 minutes 39 seccnds East 120.75 feet, alone said north line: thence 'South 9 d eeeeee 19 minutes OS seconds East 184.17 feet; thence South 19'd 52 minutes 31 seconds West 174.57 feet; thence South 32 dog 32 minutes 51 seconds West 156.37 feet; thence South 35 d eeeeee 57 minute. 01 seconds west 102.51 feet; thence South 74 d eeeeee 56 minutes 55 seconds West 155.51 feet: thence North 89 degrees 42 minutes 48 eeconds West 345.00 feet, to the -net line of sold Go eeeee nt Lot 5; thence on • bearing of North 452.68 feet. along maid coot line 10 the point of beginning.
PLATTING Thot tort of Government Lot $ and overettoom theteto. Seetion 22. Township HS. R311[0 2, deserihed no heginnfng at the meander corner on the heel line of 'mid Government Lot 5: thence North hleng go id West line 708 feet: thence I:,, at parallel to the Korth line of said Government Lot 5 a• distsnee of 555 feet; thence South 2 degrees 45 minutes East a distance of 400 feet: thence South 6 degrees 20 minutes East a distance of 384 feet more or less, to the shore of Starring Lake; thence . wenterly along said shore to its intersection with the west line of said Section 22: thence north along the Went tine of said Section 22 to the point of beginning, except that port descrih•d us follows: All that port of the West 264.91 feet, an mensured at right angles to the West line thereof. of said Government Lot 5, thence running Northerly along said Vest line of Government Lot 5, a distance of 542.25 feet to the actual-point of " beginning of the line to be described, thence deflecting 89 degrees 36 minutes to the right and running easterly to ft point no the Ennt line of said West 264.91 feet of Government Lot 5 ond there terminating, and except thee part of the "hove described property which lies Sootherly of the centerline of R h Road. The North 209.42 feet of the Foal 208.0 fvet of Onvernm•nt Lea 5. Seetion 22. Township 116. Rnnce 22. Thot ;oft of Government LAA 5. Sect .on 22. Tcanebip 116. N-rth Rouge 22 hest of the 51h Principnl Meridinn, demerlbed nn fellows: beginning at the Northwest corner •f said Government Lot 5, thence South nlong the west line of said Government Lot 5 disinnt 4$6.85 feet to a point M13.9 feet North of the South...xi corner of the Northoent 1/4 of said Seetion 22; thence East parallel with the South lioe of said Northwest 1/4 distant 555.0 feet; thence South 2 degrees IS minutes East 400.0 feet; thence South 6 de s 20 minutes East 83.5 feet to the centerline of County Road No. 2; thence North 81 degrees 58 minutes East along said centerline 150.06 feet; thence South 6 degrees 20 minutes Enst 344.0 feet more or less to the Shore of Starring lathe: thenc• Easterly along the shore of Starring Laite to the Past line of said Government Lot 5: thence North along snid East line to a point 209.42 feet South of the Northeast corner of said Government Lot 5; thence West parallel with the Korth lino of said Lot 5 208.0 feet; therm, North parallel with said East line 209.42 feet to said North line: thence west along snid North line to Ito' point of beginning eseept that part lying aootherly of the centerline of County Road No. 2. The South 167.97 feet of that part of the Northu,at 1/4 of tin 1/4 of Section 22. TGVhS1111. 116. Rooge 22 lyicg East of the hest 553.5 feet thereof. contoining 3.0 Acres.
Starrwood Addition
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1987, by
Cardarelle & Associates, a Minnesota corporat
i
o
n
,
a
n
d
L
y
m
a
n
L
u
m
b
e
r
,
a
M
i
n
n
e
s
o
t
a
corporation, hereinafter jointly referred to
a
s
"
D
e
v
e
l
o
p
e
r
,
"
a
n
d
t
h
e
C
I
T
Y
O
F
E
D
E
N
PRAIRIE, a municipal corporation, hereinafter
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e
f
e
r
r
e
d
t
o
a
s
"
C
i
t
y
:
"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoni
n
g
D
i
s
t
r
i
c
t
C
h
a
n
g
e
f
r
o
m
R
u
r
a
l
to R1-13.5 on 22.4 acres and Preliminary Plat
o
f
2
9
.
1
9
a
c
r
e
s
i
n
t
o
4
3
s
i
n
g
l
e
f
a
m
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y
lots, two outlots, and road right-of-way, all
s
a
i
d
2
9
.
1
9
a
c
r
e
s
s
i
t
u
a
t
e
d
i
n
H
e
n
n
e
p
i
n
County, State of Minnesota, more fully descri
b
e
d
i
n
E
x
h
i
b
i
t
A
,
a
t
t
a
c
h
e
d
h
e
r
e
t
o
a
n
d
made a part hereof, and said acreage hereinafte
r
r
e
f
e
r
r
e
d
t
o
a
s
"
t
h
e
p
r
o
p
e
r
t
y
;
"
NOW, THEREFORE, in consideration of the City
a
d
o
p
t
i
n
g
O
r
d
i
n
a
n
c
e
#
5
6
-
8
7
,
Developer covenants and agrees to construction
u
p
o
n
,
d
e
v
e
l
o
p
m
e
n
t
,
a
n
d
m
a
i
n
t
e
n
a
n
c
e
o
f
said property as follows:
1. Developer shall develop the property in c
o
n
f
o
r
m
a
n
c
e
w
i
t
h
t
h
e
materials revised and dated November 12, 1987,
r
e
v
i
e
w
e
d
a
n
d
a
p
p
r
o
v
e
d
by the City Council on November 17, 1987, a
n
d
a
t
t
a
c
h
e
d
h
e
r
e
t
o
a
s
Exhibit 8, subject to such changes and modif
i
c
a
t
i
o
n
s
a
s
p
r
o
v
i
d
e
d
herein. Developer shall not develop, constru
c
t
u
p
o
n
,
o
r
m
a
i
n
t
a
i
n
the property in any other respect or manner tha
n
p
r
o
v
i
d
e
d
h
e
r
e
i
n
.
2. Developer covenants and agrees to the performa
n
c
e
a
n
d
o
b
s
e
r
v
a
n
c
e
b
y
Developer at such times and in such manner as
p
r
o
v
i
d
e
d
t
h
e
r
e
i
n
o
f
all of the terms, covenants, agreements, and co
n
d
i
t
i
o
n
s
s
e
t
f
o
r
t
h
i
n
Exhibit C, attached hereto and made a part here
o
f
.
3. Prior to release by the City of the final pl
a
t
,
D
e
v
e
l
o
p
e
r
s
h
a
l
l
submit to the City, and obtain the City's
a
p
p
r
o
v
a
l
o
f
a
r
o
a
d
easements for access to Mitchell Road and to R
e
s
e
a
r
c
h
R
o
a
d
f
r
o
m
t
h
e
owners of land adjacent to the property t
o
t
h
e
s
o
u
t
h
w
e
s
t
a
n
d
southeast. Said easements shall be located
o
v
e
r
t
h
a
t
p
o
r
t
i
o
n
o
f
Starrwood Circle and over that portion of Fles
h
e
r
C
i
r
c
l
e
w
h
i
c
h
a
r
e
not part of the property, but which is nece
s
s
a
r
y
f
o
r
a
c
c
e
s
s
t
o
Mitchell Road and access to Research Road for
t
h
e
p
r
o
p
e
r
t
y
,
a
l
l
a
s
depicted on Exhibit B, attached hereto.
4. Prior to release by the City of the fina
l
p
l
a
t
,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
o
execute a special assessment agreement wi
t
h
t
h
e
C
i
t
y
f
o
r
p
u
r
p
o
s
e
s
o
f
public street and utility construction
f
o
r
e
x
t
e
n
s
i
o
n
o
f
R
e
s
e
a
r
c
h
Road and extension of Mitchell Road to se
r
v
i
c
e
t
h
e
p
r
o
p
e
r
t
y
.
5. Prior to release by the City of the final
p
l
a
t
,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
o
submit to the Building Department, an
d
t
o
o
b
t
a
i
n
t
h
e
B
u
i
l
d
i
n
g
Department's approval of detailed plans
f
o
r
t
h
e
r
e
t
a
i
n
i
n
g
w
a
l
l
s
indicated on the grading plan in Exhibit
B
,
a
t
t
a
c
h
e
d
h
e
r
e
t
o
.
S
a
i
d
plans shall include details with resp
e
c
t
t
o
t
h
e
h
e
i
g
h
t
,
t
y
p
e
o
f
materials, and method of construction to
b
e
u
s
e
d
f
o
r
s
a
i
d
r
e
t
a
i
n
i
n
g
walls.
Upon approval by the Building Depart
m
e
n
t
,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
o
construct said retaining wall improve
m
e
n
t
s
a
s
s
t
a
t
e
d
a
b
o
v
e
,
a
s
approved by the Building Department, conc
u
r
r
e
n
t
w
i
t
h
t
h
e
g
r
a
d
i
n
g
a
n
d
street construction on the property, a
n
d
i
n
a
c
c
o
r
d
a
n
c
e
w
i
t
h
t
h
e
terms and conditions of Exhibit C, attach
e
d
h
e
r
e
t
o
.
6. Prior to issuance of any grading permit u
p
o
n
t
h
e
p
r
o
p
e
r
t
y
,
D
e
v
e
l
o
p
e
r
agrees to submit to the Director of Co
m
m
u
n
i
t
y
S
e
r
v
i
c
e
s
,
a
n
d
t
o
obtain the Director's approval of plans
f
o
r
f
i
v
e
-
f
o
o
t
w
i
d
e
,
f
i
v
e
-
inch thick concrete sidewalks in the follo
w
i
n
g
l
o
c
a
t
i
o
n
s
:
A. Generally located along the outside pe
r
i
m
e
t
e
r
o
f
F
l
e
s
h
e
r
Circle, specifically in the location as d
e
p
i
c
t
e
d
i
n
E
x
h
i
b
i
t
B, attached hereto.
B. From Sycamore Court through Outlot B to
t
h
e
s
i
d
e
w
a
l
k
a
r
o
u
n
d
the outside perimeter of Flesher Circle,
s
p
e
c
i
f
i
c
a
l
l
y
i
n
t
h
e
location as depicted in Exhibit B, attac
h
e
d
h
e
r
e
t
o
.
Developer agrees that said sidewalk shal
l
b
e
c
o
n
s
t
r
u
c
t
e
d
,
o
r
c
a
u
s
e
d
to be constructed, concurrent with s
t
r
e
e
t
c
o
n
s
t
r
u
c
t
i
o
n
o
n
t
h
e
property and in accordance with the term
s
a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
E
x
h
i
b
i
t
C, attached hereto.
7. Prior to issuance of any building pe
r
m
i
t
u
p
o
n
t
h
e
p
r
o
p
e
r
t
y
,
Developer shall submit to the City Engi
n
e
e
r
,
a
n
d
o
b
t
a
i
n
t
h
e
C
i
t
y
Engineer's approval of plans for street
s
,
s
a
n
i
t
a
r
y
s
e
w
e
r
,
w
a
t
e
r
,
storm sewer, and erosion control for the p
r
o
p
e
r
t
y
.
Upon approval by the City Engineer, De
v
e
l
o
p
e
r
s
h
a
l
l
c
o
n
s
t
r
u
c
t
,
o
r
cause to be constructed, those improve
m
e
n
t
s
l
i
s
t
e
d
a
b
o
v
e
i
n
s
a
i
d
plans, as approved by the City Engineer,
i
n
a
c
c
o
r
d
a
n
c
e
w
i
t
h
E
x
h
i
b
i
t
C. attached hereto.
8. Developer agrees to notify the City and
t
h
e
W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
at least 48 hours in advance of any gradin
g
,
o
r
t
r
e
e
r
e
m
o
v
a
l
,
o
n
t
h
e
property.
9. Developer acknowledges that the Tree Repl
a
c
e
m
e
n
t
P
o
l
i
c
y
o
f
t
h
e
C
i
t
y
,
attached hereto as Exhibit D, and made a part hereof,
requires a total of 297 caliper inches of plant material to be replac
e
d
o
n
t
h
e
property. Developer has proposed transplanting of a n
u
m
b
e
r
o
f
evergreen trees on the property as partial satisfaction of
t
h
e
T
r
e
e
Replacement Policy requirements. Developer agrees that
s
u
i
t
a
b
l
e
trees for transplanting are subject to the inspection and
a
p
p
r
o
v
a
l
of the City Forester. If the proposed transplanting of tre
e
s
i
s
n
o
t
successful, as determined by the City Forester, Developer a
g
r
e
e
s
t
o
provide for replacement of the total 297 caliper inches
o
f
p
l
a
n
t
material in another manner which shall meet the requiremen
t
s
o
f
t
h
e
Tree Replacement Policy, attached hereto as Exhibit D.
10. Developer agrees that, prior to release of the final pla
t
b
y
t
h
e
City, Developer shall submit a bond for the tree repl
a
c
e
m
e
n
t
improvements on the property, in accordance with the term
s
o
f
t
h
e
Tree Replacement Policy of the City, attached hereto. D
e
v
e
l
o
p
e
r
further agrees to implement said tree replacement plan in ac
c
o
r
d
a
n
c
e
with the terms of said Tree Replacement Policy, as attac
h
e
d
h
e
r
e
t
o
in Exhibit D.
11. Prior to issuance of any grading permit, Developer shall s
u
b
m
i
t
t
o
the Director of Planning and receive the Director's app
r
o
v
a
l
o
f
a
tree inventory of those trees within 25 ft. outsi
d
e
o
f
t
h
e
construction area, which are not planned to be r
e
m
o
v
e
d
b
y
construction on the property as approved by City, indi
c
a
t
i
n
g
t
h
e
size, type, and location of all trees twelve (12)
i
n
c
h
e
s
i
n
diameter, or greater, at a level 4.5 feet above ground lev
e
l
.
12. Developer agrees to implement erosion control measures an
d
a
d
e
q
u
a
t
e
protective measures for areas to be preserved and ar
e
a
s
w
h
e
r
e
grading is not to occur, and to receive City approva
l
o
f
s
a
i
d
measures. Developer agrees that said protective measur
e
s
s
h
a
l
l
include, but not be limited to:
A. Grading shall be confined to that area of the propert
y
within the construction limits.
B. Snow fencing shall be placed at the construction limi
t
s
within the wooded areas of the property prior to any gradin
g
upon the property.
C. City shall perform an on-site inspection of said protectiv
e
measures on the property by the City. Developer shal
l
contact City for said inspection. Developer agrees tha
t
defects in materials and workmanship in the implementatio
n
of said measures shall then be determined by the City.
D. Defects in materials or workmanship, if any, shall b
e
corrected by Developer. Developer agrees to call City fo
r
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 b
e
subject to such conditions as the City may impose at the
time of acceptance.
13. If any such trees are removed, damaged, o
r
d
e
s
t
r
o
y
e
d
o
u
t
s
i
d
e
o
f
t
h
e
construction area, Developer agrees that
p
r
i
o
r
t
o
i
s
s
u
a
n
c
e
o
f
a
n
y
building permit for the property, Develope
r
s
h
a
l
l
:
A. Submit to the Director of Planning, and recei
v
e
t
h
e
Director's approval of a reforestation
p
l
a
n
f
o
r
a
l
l
t
r
e
e
s
removed, damaged, or destroyed outside
o
f
t
h
e
c
o
n
s
t
r
u
c
t
i
o
n
area. Said plan shall indicate that th
e
t
r
e
e
s
s
h
a
l
l
b
e
replaced by similar tree species and that t
h
e
t
r
e
e
s
u
s
e
d
f
o
r
reforestation shall be no less than six inc
h
e
s
i
n
d
i
a
m
e
t
e
r
.
The amount of trees to be replaced shall b
e
d
e
t
e
r
m
i
n
e
d
b
y
the Director of Planning, using a square
i
n
c
h
p
e
r
s
q
u
a
r
e
Inch basis, according to the area of the cir
c
l
e
c
r
e
a
t
e
d
b
y
a
cross sectional cut through the diame
t
e
r
o
f
a
t
r
e
e
a
s
measured 4.5 feet above the ground.
B. Prepare and submit to the Director of Plann
i
n
g
,
a
n
d
r
e
c
e
i
v
e
the Director's approval of a written estim
a
t
e
o
f
t
h
e
c
o
s
t
s
of the reforestation work to be completed.
C. Submit a bond, or letter of credit, guarant
e
e
i
n
g
c
o
m
p
l
e
t
i
o
n
of all reforestation work as approved b
y
t
h
e
D
i
r
e
c
t
o
r
o
f
Planning. Developer agrees that the amo
u
n
t
o
f
t
h
e
b
o
n
d
,
o
r
letter of credit, shall be 150% of the ap
p
r
o
v
e
d
e
s
t
i
m
a
t
e
d
cost of implementation of all reforestatio
n
w
o
r
k
a
n
d
s
h
a
l
l
be in such form and contain such other pro
v
i
s
i
o
n
s
a
n
d
t
e
r
m
s
as may be required by the Director of Plann
i
n
g
.
Upon approval by the Director of Plann
i
n
g
,
Developer shall Implement, or cause to be implemented, th
o
s
e
i
m
p
r
o
v
e
m
e
n
t
s
l
i
s
t
e
d
above in said plans, as approved by the Dir
e
c
t
o
r
o
f
P
l
a
n
n
i
n
g
.
14. Developer acknowledges that no occupancy
p
e
r
m
i
t
f
o
r
a
n
y
s
t
r
u
c
t
u
r
e
o
n
the property shall be released by the Cit
y
u
n
t
i
l
s
u
c
h
t
i
m
e
a
s
a
l
l
o
f
the following conditions exist as minimum r
e
q
u
i
r
e
m
e
n
t
s
:
A. Research Road and Mitchell Road have bot
h
b
e
e
n
c
o
n
s
t
r
u
c
t
e
d
to the point of base materials being in plac
e
a
n
d
a
p
p
r
o
v
e
d
by the City.
Developer may choose to construct the bi
t
u
m
i
n
o
u
s
s
u
r
f
a
c
e
from Mitchell Road and from Research Roa
d
t
o
t
h
e
p
r
o
p
e
r
t
y
i
n
order to service the property as stated a
b
o
v
e
.
D
e
v
e
l
o
p
e
r
agrees that such construction shall be d
o
n
e
a
c
c
o
r
d
i
n
g
t
o
plans and specifications approved by C
i
t
y
a
n
d
t
h
a
t
s
u
c
h
construction shall be completed in accorda
n
c
e
w
i
t
h
t
h
e
t
e
r
m
s
and conditions of Exhibit C, attached heret
o
.
B. Sanitary sewer has been extended to the
p
r
o
p
e
r
t
y
v
i
a
t
h
e
Metropolitan Waste Control Commission
i
n
t
e
r
c
e
p
t
o
r
and lateral systems to be constructed on t
h
e
p
r
o
p
e
r
t
y
a
r
e
determined to be ready for individual sewer
h
o
o
k
-
u
p
s
b
y
t
h
e
City.
Frao
Developer may also choose to construct
t
h
e
s
a
n
i
t
a
r
y
s
e
w
e
r
trunk line to the property from the Metropo
l
i
t
a
n
W
a
s
t
e
Control Commission interceptor, as
d
i
s
c
u
s
s
e
d
a
b
o
v
e
.
Developer agrees that such construct
i
o
n
s
h
a
l
l
b
e
d
o
n
e
according to plans and specificatio
n
s
a
p
p
r
o
v
e
d
b
y
t
h
e
Metropolitan Waste Control Commission a
n
d
b
y
t
h
e
C
i
t
y
,
a
n
d
that such construction shall be complete
d
i
n
a
c
c
o
r
d
a
n
c
e
w
i
t
h
the terms and conditions of Exhibit C, a
t
t
a
c
h
e
d
h
e
r
e
t
o
.
15. City acknowledges that it is the intent o
f
t
h
e
D
e
v
e
l
o
p
e
r
t
o
m
a
i
n
t
a
i
n
ownership of Outlot 8, as depicted in E
x
h
i
b
i
t
B
,
a
t
t
a
c
h
e
d
h
e
r
e
t
o
.
If Developer chooses not to maintain
o
w
n
e
r
s
h
i
p
o
f
O
u
t
l
o
t
8
,
Developer agrees that, prior to issuance
o
f
a
n
y
o
c
c
u
p
a
n
c
y
p
e
r
m
i
t
f
o
r
any structure on the property, Developer
s
h
a
l
l
d
e
d
i
c
a
t
e
t
o
t
h
e
C
i
t
y
a twenty-foot wide easement over that port
i
o
n
o
f
s
a
i
d
O
u
t
l
o
t
1
3
w
h
i
c
h
contains the sidewalk connection from
S
y
c
a
m
o
r
e
C
o
u
r
t
t
o
F
l
e
s
h
e
r
Circle, as depicted on Exhibit 8, attac
h
e
d
h
e
r
e
t
o
.
S
a
i
d
e
a
s
e
m
e
n
t
shall be in such form and contain such
c
o
n
d
i
t
i
o
n
s
a
s
C
i
t
y
m
a
y
d
e
e
m
necessary.
Notary Public
IN WITNESS WHEREOF, the parties to this Agr
e
e
m
e
n
t
h
a
v
e
c
a
u
s
e
d
t
h
e
s
e
presents to be executed as of the day and y
e
a
r
a
f
o
r
e
s
a
i
d
.
CITY OF EDEN PRAIRIE
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledg
e
d
b
e
f
o
r
e
me this day of , 1987, by Gary D. Peterson, t
h
e
M
a
y
o
r
a
n
d
C
a
r
l
J
.
J
u
l
l
i
e
,
the City Manager of the City of Eden Prairie
,
a
M
i
n
n
e
s
o
t
a
m
u
n
i
c
i
p
a
l
c
o
r
p
o
r
a
t
i
o
n
,
o
n
behalf of said corporation.
Notary kb-1k
DEVELOPERS
CARDARELLE & ASSO
• 0.
R.#7
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledg
e
d
b
e
f
o
r
e
me this day of , 1987, by Frank R. Cardarelle, the PresideR—EF Cardarelle & Associates, Inc., a Minnesota corporatio
n
,
o
n
b
e
h
a
l
f
o
f
t
h
e
c
o
r
p
o
r
a
t
i
o
n
.
xmnivitiwinnwAnwAmmiinwAxAme
40,1, MARIE C WITTENBERG
V* NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My Corneuspon Expires Apt 28, 1988
MANNANANNANNAANNANWAVVAANNI
;3t.:(
LYMAN LUMBER
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The r\foregqing instrument was acknowled ed beflre me this
, 1987, by eç P64A41
of Lyman Lumber, a innesota Corporation,
er emmAAAN,AwkemmAmmAmme,~ .
/kr") JOYCE D. PROVO
NOTARY PUBLIC . MINNESOTA
HENNEPIN COUNTY
klY Common Ewes Dec. 11, 1990
WV~AMMAINMANWWW/NAMANVVVIS
ZONING - Thnt purt ref Guvernmen! Lot 5 and accretionn thriete. Section 22. Teen,hip 116. huogo 22. deneriied Om UrgiOning at tier meander corner on tier Went 110, of snid Gro,rnmen1 Lot 5; thence North 61”.g snot! Nes. tine 708 feet; throve heist parallel In the herth /in, of mid Government Lot 5 a distance of 555 feet; thence South 2 degrees 45 minutes East a distanee of 400 feet; thence South 6 degrees 20 minutes Lost a distance of 384 feet more or ices, to the shore or Starring Lake; thence . Westerly along said shore to its intersection with the West line of snid Section 22; thence north along the test lin. of said Section 22 to the point of beginning, except that part described ne felless: All that port of the tient 264.91 feet. an mensured at right tingles to the Nest line thereof, of said Government Lot 5, thence running Northerly ralong said hest line of Government Lot 5, n distance of 542.25 feet to the aetual'point or beginning of the line to be described. theory deflecting 89 degrees 36 minutes to the right and running ensterly to a point on the Enst line of said hest 264.91 feet of Government Lot 5 nod there terminnting, and except that part of the nhove described property shieh lies Southerly of the ernterline of h Rood. The North 209.42 feet of the Fast 2E18.0 feel of Government lot 5. Section 2:• Toensh I p 116. 'binge 22. 11.“1 1,fi tel Government Lot 5, Section 22. Tewosh,p 116, Nerth Rnogo 22 West uf the 5th Prineirn1 Met•eel cn,. , den. el bed nn follows: beginning at the .Corthu...wl corner of sold Government Lot 5. thence Smith niong the West line of snid Government Lot 5 distnnt 496.55 feet to a point 813.9 feet North of the Southsest earner of the Northwest 1/4 Of Said Sertinn 22; thence Eont parallel with the South line of sold Northwest 1/4 distant 555.0 feet; thence South 2 degrees 45 minutes East 400.0 feet; thence South 6 deg 20 minutes East 83.5 feet to the centerline of County Rood No. 2; thence North • 81 degrees 514 minutes East along said centerline 150.06 feet; thence South 6 degrees 20 minutes Enat 344.0 feet more or Jess to the Shore or Starring inky: thence Ensterlr *long the shore of Starring Lake to the Fast line of said Government Lot 5: thence North along said East line to A point 201..42 fevt South of the Northeast corner of said Government Lot 5; thence Neat parallel with the North lino of said Lot 5208.0 feet: thence North pmrnllel with said East line 209.42 feet to said Nhrih line; thence Neat along said North line to the point of beginning exeept that part lying southerly of the centerline of County Rend No. 2. Ti-.. South 167.87 feet of that part of the Nerthceet 1/2 nf Ihv Northern' 1/2 of Section 22. Tf..OFF:11. 11S. Range 22 leitg East of the hest 553.5 feel thereof, ronthining 3.0 Acres. Except the following described parcel: That part of Government Lot 6 and the Nothwest Quarter of the Northwest Quarter orSection 22, Township 116, Range 22. decribed ss follows; nnnnnn ins at the Northwest nnnnnn of said °excrement Lot 51 thence South 88 degrees 24 minutes 39 seconds Easte assumed basis for bearing.. 653.71 feet, along the north line of said Governaent Lot 5, to the east line of the west 653.5 feet of said Northwest Quarter of the Northwest Quarter; thence on a bearing of North 167.93 feet, along said east line, to the north line of the south 167.87 feet of said Northwest Quarter of the Northwest Quarter; thence South 88 d 24 minutes 39 seconds East 120.75 feet. along said north line: thence 'South 9 degrees 19 minutes 08 seconds East 184.17 feet; thence South 19 d eeeeee 52 minutes 31 seconds Neat 174.57 feet; thence South 32 d 2 minute. 51 seconds west 156.37 feet; thence South 35 degrees 57 minute. 01 seconds Nest 102.51 feet; thence South 74 degrees 58 minutes 55 seconds West 155.51 feet; thence North 89 d eeeeee 42 minutes 48 seconds Nest 345.00 feet, to the west line of said Lot 5; thence on a bearing of North 452.68 feet, along said west line to the point of beginning.
PLATTING Thnt ;earl of Gokernmeni Let 6 and accretions ti.,, ..to. Section 22. Teo:fit:hip 116. Range 2, denertLed UN twsinning at the memoder corner on the test 1 I to• of an d Government Lot 5; thence North along skid Weat line 708 feet; thvnve knot parallel to the Worth line or Goverument,Lot S b • d.steoce of 555 feet; thence South 2 degrees 45 minutes East a distanCe of 400 feet: thence South 6 degrees 20 minutes East a distance of 384 feet more or less, to the shore of Starring Lake; thence weaterly along said shore to its intersection with the west line of amid Section 22; thenee north *long the heat line of said Section 22 to the point of beginning. except that port described no. follows: All that pert of the West 204.91 feet. an measured at right angles to the West line thereof, of said Government Lot 5, thence running Northerly along said West line of Government Lot 5, a distance of 542.25 feet to the . l•poinl of • beginning of the line to be described. thence deflecting 89 degrees 36 minutes to the right and ronoing ensterly to n point on the Enst line of said West 284.91 feet of Government Lot 5 nod there terminating, and except that pert of the mho,e deNeribed property which lies Southerly of the centerline or S h Rend. The Korth 209.42 feet of the fast 208.0 feet of Government Lot 5. Section 22. Township 116. Sanyo :2. Ti,., Intl ot 6.vernment Lot 5. Section 22. N.rth u.p.g., 22 hest of the 5th Principal Mel hl I no deseriLed am folio.: hes nn i or at . hp Corot, "r maid Government Lot 5. thence South "long the wept lit.., of Iseid Government Lot 5 diNt”ot 466.55 to a point 1a13.9 feet North of the Southwest corner of the Worthweat lis of as ,d Section 22; thence East parallel with the South line of said Northwest 1/4 distant 555.0 feet: thence South 2 degrees 45 minutes East 400.0 feet; thence South 6 dog 20 minutes East 83.5 feet to the centerline of County Road No. 2: thence North 81 degree* 58 minutes East along maid centerline I50.06 feet; thence South 6 degrees 20 minutes East 344.0 feet more or less to the Shore of Starring lolly; thenee E ly along the abore of Starring Lake to the Fast line of said Government Lot 5: thence North along skid East line to a point 208.42 feet South of the Northeast corner of maid Government Lot 5; thence West parallel with the North line of said Lot. 5 208.0 fret; thence North - parnllel with said East line 209.42 fret to meld North line; thence west along paid Worth line to the point of beginning except that part lying aeotherly of the centerline of County Road So. 2. Ti,. South 167.87 feet of that part of the Korthweet 1/4 of the Northwest 1/4 of Section 22. Town*hip 116. Range 22 lyiog East of the 'scat 553.5 feet thvreof. ennthining 3.0 Acres.
DEVELOPER'S AGREEMENT
EXHIBIT C
I. Developer shall submit detailed construction and storm
s
e
w
e
r
p
l
a
n
s
t
o
t
h
e
Watershed District for review and approval. Devel
o
p
e
r
s
h
a
l
l
f
o
l
l
o
w
a
l
l
rules and recommendations of said Watershed District.
II. Developer shall pay cash park fees as to all of the
p
r
o
p
e
r
t
y
r
e
q
u
i
r
e
d
b
y
City Code in effect as of the date of the issuance of
e
a
c
h
b
u
i
l
d
i
n
g
p
e
r
m
i
t
for construction'on the property. Presently, the amo
u
n
t
o
f
c
a
s
h
p
a
r
k
f
e
e
applicable to the property is $420.00 per unit. The
a
m
o
u
n
t
t
o
b
e
p
a
i
d
b
y
Developer shall be increased or decreased to the exte
n
t
t
h
a
t
t
h
e
C
i
t
y
C
o
d
e
is amended or supplemented to require a greater or le
s
s
e
r
a
m
o
u
n
t
a
s
o
f
t
h
e
date of the issuance of any building permit for
c
o
n
s
t
r
u
c
t
i
o
n
o
n
t
h
e
property.
III. If Developer fails to proceed in accordance with t
h
i
s
A
g
r
e
e
m
e
n
t
w
i
t
h
i
n
twenty-four (24) months of the date hereof, Develop
e
r
,
f
o
r
i
t
s
e
l
f
,
i
t
s
successors, and assigns, shall not oppose rezoning
o
f
s
a
i
d
p
r
o
p
e
r
t
y
t
o
Rural.
IV. Provisions of this Agreement shall be binding upon and
e
n
f
o
r
c
e
a
b
l
e
a
g
a
i
n
s
t
owners, their successors, and their assigns of t
h
e
p
r
o
p
e
r
t
y
herein described.
V. Developer represents and warrants that they own fee ti
t
l
e
t
o
t
h
e
p
r
o
p
e
r
t
y
free and clear of mortgages, liens, and other encumbranc
e
s
,
e
x
c
e
p
t
:
Joseph L. Flesher, Jr., and Harriet Flesher, husband an
d
w
i
f
e
VI. Developer acknowledges that Developer is familiar with
t
h
e
r
e
q
u
i
r
e
m
e
n
t
s
o
f
Chapter 11, Zoning, and Chapter 12, Subdivision Regul
a
t
i
o
n
s
,
o
f
t
h
e
C
i
t
y
Code and other applicable City ordinances affecting
t
h
e
d
e
v
e
l
o
p
m
e
n
t
o
f
t
h
e
property. Developer agrees to develop the property i
n
a
c
c
o
r
d
a
n
c
e
w
i
t
h
t
h
e
requirements of all applicable City Code requirements
a
n
d
C
i
t
y
O
r
d
i
n
a
n
c
e
s
.
VII. City shall not issue any building permit for the
c
o
n
s
t
r
u
c
t
i
o
n
o
f
a
n
y
building, structure, or improvement on any land requ
i
r
e
d
t
o
b
e
s
u
b
d
i
v
i
d
e
d
until all requirements listed above have been satis
f
a
c
t
o
r
i
l
y
a
d
d
r
e
s
e
d
b
y
Developer.
VIII. Developer shall submit detailed watermain and fire pr
o
t
e
c
t
i
o
n
p
l
a
n
s
t
o
t
h
e
Fire Marshall for review and approval. Developer
s
h
a
l
l
f
o
l
l
o
w
a
l
l
t
h
e
recommendations of the Fire Marshall.
IX. Developer acknowledges that the rights of City to perf
o
r
m
a
n
c
e
o
f
o
b
l
i
g
a
t
i
o
n
s
of Developer contemplated in this agreement are speci
a
l
,
u
n
i
q
u
e
,
a
n
d
o
f
a
n
extraordinary character, and that, in the event that D
e
v
e
l
o
p
e
r
v
i
o
l
a
t
e
s
,
o
r
fails, or refuses to perform any covenant, conditio
n
,
o
r
p
r
o
v
i
s
i
o
n
m
a
d
e
herein, City may be without an adequate remedy at la
w
.
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
,
therefore, that in the event Developer violates,
f
a
i
l
s
,
o
r
r
e
f
u
s
e
s
t
o
perform any covenant, condition, cr provision made her
e
i
n
,
C
i
t
y
m
a
y
,
a
t
i
t
s
option, institute and prosecute an action to specifically
enforce performance of such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative a
n
d
s
h
a
l
l
b
e
i
n
addition to every other remedy. The election of any one or wo
r
e
r
e
m
e
d
i
e
s
shall not constitute a waiver of any other remedy.
X. Any term of this Agreement that is illegal or unenforceab
l
e
a
t
l
a
w
o
r
i
n
equity shall be deemed to be void and of no force or effec
t
t
o
t
h
e
e
x
t
e
n
t
necessary to bring such term within the provisions of any s
u
c
h
a
p
p
l
i
c
a
b
l
e
law or laws, and such terms as so modified and the balarce
o
f
t
h
e
t
e
r
m
s
o
f
this agreement shall be enforceable.
XI. Developer shall, prior to the comencement of any improve
m
e
n
t
s
,
p
r
o
v
i
d
e
written notice to Rogers Cablesystems Southwest, a Minn
e
s
o
t
a
L
i
m
i
t
e
d
Partnership, the franchisee under the City's Cable Communica
t
i
o
n
O
r
d
i
n
a
n
c
e
(80-33) of the development contemplated by this Developer'
s
A
g
r
e
e
m
e
n
t
.
Notice shall be sent to Rogers Cablesystens Southwest, 801 Ply
m
o
u
t
h
A
v
e
n
u
e
North, Minneapolis, Minnesota, 55411.
310
EXHIBIT 0 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
'TREE REPLAC3ME1VT POLICY
It is the intent and desire of t
h
e
C
i
t
y
t
o
p
r
o
t
e
c
t
,
p
r
e
s
e
r
v
e
,
a
n
d
e
n
h
a
n
c
e
t
h
e
natural environment and beauty
o
f
E
d
e
n
P
r
a
i
r
i
e
b
y
e
n
c
o
u
r
a
g
i
n
g
t
h
e
r
e
s
o
u
r
c
e
f
u
l
a
n
d
prudent development of our exis
t
i
n
g
w
o
o
d
l
a
n
d
a
r
e
a
s
.
T
o
i
n
s
u
r
e
p
r
o
p
e
r
d
e
s
i
g
n
a
n
d
development, it is necessary to pr
o
m
o
t
e
t
r
e
e
p
r
e
s
e
r
v
a
t
i
o
n
a
n
d
/
o
r
r
e
q
u
i
r
e
r
e
p
l
a
c
e
m
e
n
t
of significant trees. A signifi
c
a
n
t
t
r
e
e
i
s
d
e
f
i
n
e
d
a
s
a
t
r
e
e
o
f
1
2
i
n
c
h
e
s
i
n
diameter or greater whose matur
e
h
e
i
g
h
t
w
i
l
l
b
e
g
r
e
a
t
e
r
t
h
a
n
3
0
f
e
e
t
(
e
x
a
m
p
l
e
s
:
o
a
k
,
maple, basswood, etc.), or a tr
e
e
o
f
8
i
n
c
h
e
s
i
n
d
i
a
m
e
t
e
r
o
r
m
o
r
e
w
h
o
s
e
m
a
t
u
r
e
height is usually less than
3
0
f
e
e
t
(
e
x
a
m
p
l
e
s
:
b
l
a
c
k
c
h
e
r
r
y
,
i
r
o
n
w
o
o
d
,
cedar/juniper, red maple, etc.).
When reviewing new develop
m
e
n
t
p
r
o
j
e
c
t
s
,
e
i
t
h
e
r
c
o
m
e
r
c
i
a
l
o
r
r
e
s
i
d
e
n
t
i
a
l
,
C
i
t
y
Staff attempts to preserve and
p
r
o
t
e
c
t
n
a
t
u
r
a
l
s
i
t
e
c
h
a
r
a
c
t
e
r
i
s
t
i
c
s
s
u
c
h
a
s
w
o
o
d
e
d
areas, hills, and ponds throu
g
h
t
h
e
d
e
s
i
g
n
r
e
v
i
e
w
p
r
o
c
e
s
s
.
H
o
w
e
v
e
r
,
i
t
i
s
n
o
t
always possible and/or feasibl
e
t
o
s
a
v
e
1
0
0
%
o
f
a
n
y
e
x
i
s
t
i
n
g
s
i
g
n
i
f
i
c
a
n
t
n
a
t
u
r
a
l
site characteristic. Because of t
h
i
s
,
a
t
r
e
e
r
e
p
l
a
c
e
m
e
n
t
p
o
l
i
c
y
w
a
s
d
e
v
e
l
o
p
e
d
.
Background
In developing the tree replace
m
e
n
t
p
o
l
i
c
y
,
S
t
a
f
f
h
a
d
t
o
d
e
t
e
r
m
i
n
e
t
h
e
f
o
l
l
o
w
i
n
g
items:
1) Which species of trees shall be r
e
p
l
a
c
e
d
?
Deciduous hardwood trees which
s
h
a
l
l
b
e
r
e
p
l
a
c
e
d
i
n
c
l
u
d
e
s
o
a
k
,
m
a
p
l
e
,
b
a
s
s
w
o
o
d
,
a
s
h
,
ironwood, etc.. In addition, co
n
i
f
e
r
o
u
s
t
r
e
e
s
s
h
a
l
l
a
l
s
o
b
e
r
e
p
l
a
c
e
d
i
f
t
h
e
y
m
e
e
t
the specific size requiremen
t
.
D
i
s
e
a
s
e
d
t
r
e
e
s
s
h
a
l
l
n
o
t
b
e
s
u
b
j
e
c
t
t
o
t
r
e
e
replacement. It is the respons
i
b
i
l
i
t
y
o
f
t
h
e
d
e
v
e
l
o
p
e
r
t
o
s
u
b
m
i
t
a
c
e
r
t
i
f
i
e
d
t
r
e
e
inventory depicting:
a) The size, species, and condition of all trees greater th
a
n
1
2
i
n
c
h
e
s
in diameter of trees whose ma
t
u
r
e
h
e
i
g
h
t
w
i
l
l
b
e
g
r
e
a
t
e
r
t
h
a
n
3
0
feet (examples: oak, maple, bas
s
w
o
o
d
,
a
s
h
,
C
o
l
o
r
a
d
o
B
l
u
e
S
p
r
u
c
e
,
etc.).
b) The size, species, and conditio
n
o
f
a
l
l
t
r
e
e
s
g
r
e
a
t
e
r
t
h
a
n
3
i
n
c
h
e
s
In diameter of trees whose ma
t
u
r
e
h
e
i
g
h
t
i
s
u
s
u
a
l
l
y
l
e
s
s
t
h
a
n
3
0
feet (examples: black cherry, ir
o
n
w
o
o
d
,
c
e
d
a
r
/
j
u
n
i
p
e
r
,
r
e
d
m
a
p
l
e
,
etc.).
Based on this tree inventory, th
e
a
c
t
u
a
l
t
r
e
e
l
o
s
s
w
i
l
l
b
e
c
a
l
c
u
l
a
t
e
d
a
n
d
t
h
e
a
m
o
u
n
t
of replacement determined. To r
e
d
u
c
e
t
h
e
a
m
o
u
n
t
o
f
t
r
e
e
r
e
p
l
a
c
e
m
e
n
t
r
e
q
u
i
r
e
d
,
t
h
e
proponent may opt to reloca
t
e
t
h
o
s
e
t
r
e
e
s
w
h
i
c
h
a
r
e
s
u
i
t
a
b
l
e
.
I
t
w
i
l
l
b
e
t
h
e
responsibility of the City Forest
e
r
t
o
m
a
k
e
t
h
e
f
i
n
a
l
d
e
t
e
r
m
i
n
a
t
i
o
n
a
s
t
o
t
h
e
n
u
m
b
e
r
and types of trees which shall be rep
l
a
c
e
d
a
n
d
/
o
r
r
e
l
o
c
a
t
e
d
.
2) At what point (percentage) i
s
a
s
i
g
n
i
f
i
c
a
n
t
w
o
o
d
e
d
a
r
e
a
s
u
b
s
t
a
n
t
i
a
l
l
y
altered by tree removal.
For a wooded site, short of acquisition by the City, som
e
t
r
e
e
r
e
m
o
v
a
l
i
s
p
r
o
b
a
b
l
y
unavoidable and reasonable to expect as a part of develo
p
m
e
n
t
o
f
t
h
e
l
a
n
d
.
B
y
o
n
l
y
replacing significant trees, a substantial amount of v
e
g
e
t
a
t
i
o
n
u
n
d
e
r
t
h
i
s
s
i
z
e
could be removed without replacement. This fact alone a
l
l
o
w
s
c
o
n
s
i
d
e
r
a
b
l
e
l
a
t
i
t
u
d
e
In the reasonable development of property.
Generally, the smaller the percentage of the overall woo
d
e
d
p
o
r
t
i
o
n
o
f
t
h
e
s
i
t
e
t
h
a
t
Is removed, the less the change in the character of thi
s
s
i
t
e
;
t
h
e
r
e
f
o
r
e
,
t
h
e
l
e
s
s
the percentage of replacement necessary to preserve the
c
h
a
r
a
c
t
e
r
o
f
t
h
e
s
i
t
e
.
T
h
e
larger the percentage of removal of trees of the total wo
o
d
e
d
a
r
e
a
t
h
e
g
r
e
a
t
e
r
t
h
e
change in the character of the site and the larger
t
h
e
p
e
r
c
e
n
t
a
g
e
o
f
t
r
e
e
replacement required to help mitigate the change i
n
s
i
t
e
c
h
a
r
a
c
t
e
r
.
S
t
a
f
f
,
therefore, suggests that for any removal of the signi
f
i
c
a
n
t
t
r
e
e
s
o
n
a
s
i
t
e
,
a
proportion of the trees shall be replaced on a diameter (
c
a
l
i
p
e
r
)
i
n
c
h
f
o
r
d
i
a
m
e
t
e
r
Inch basis. The first 100 caliper inches of tree remo
v
a
l
f
r
o
m
a
s
i
t
e
s
h
a
l
l
b
e
replaced 100% with the remaining caliper inches replaced
o
n
a
p
r
o
p
o
r
t
i
o
n
a
t
e
b
a
s
i
s
.
The proportion of tree replacement shall diminish from 10
0
%
r
e
p
l
a
c
e
m
e
n
t
a
t
6
0
%
l
o
s
s
down at a constant rate to the 100 caliper inch mark. Tr
e
e
s
r
e
m
o
v
e
d
o
u
t
s
i
d
e
o
f
a
n
approved construction plan would continue to be replaced
a
t
1
0
0
%
o
n
a
n
a
r
e
a
i
n
c
h
p
e
r
area inch basis.
Tree Replacement Calculations
The amount of tree replacement is based upon the total
a
m
o
u
n
t
o
f
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
significant trees removed from the site divided by t
h
e
t
o
t
a
l
a
m
o
u
n
t
o
f
c
a
l
i
p
e
r
Inches of significant trees on-site. General provisions
o
f
t
h
i
s
p
o
l
i
c
y
i
n
c
l
u
d
e
:
1) The first 100 caliper inches removed from any site shall
b
e
r
e
p
l
a
c
e
d
1
0
0
percent.
2) If the percent of caliper inches removed is greater t
h
a
n
o
r
e
q
u
a
l
t
o
6
0
percent, the cal iper inch replacement shall be 100 perce
n
t
.
Tree Replacement Formula
Total Caliper Inches Removed = Percent Caliper Inches Removed 'Total Caliper Inches
Percent Caliper Inches Removed x Tree Replacement F
a
c
t
o
r
(
1
.
6
6
)
=
P
e
r
c
e
n
t
T
r
e
e
Replacement
Total Caliper Inches Removed - 100 = Total Caliper Inches
R
e
p
l
a
c
e
d
b
y
P
e
r
c
e
n
t
a
g
e
(Total Caliper Inches Replaced by Percentage x Percent
T
r
e
e
R
e
p
l
a
c
e
m
e
n
t
)
+
1
0
0
Total Caliper Inch Replacement
Examples
1) 95 Caliper Inches Removed
400 Total Cal iper Inches
95
= 23.75%
Regardless of percentage, because the total a
m
o
u
n
t
o
f
t
r
e
e
r
e
m
o
v
a
l
i
s
l
e
s
s
than or equal to 100, tree replacement shall b
e
1
0
0
%
o
r
9
5
c
a
l
i
p
e
r
i
n
c
h
e
s
.
2) 367 Caliper Inches Removed
743 Total Caliper Inches
367
743 = 49.39%
49.39% x 1.66 = 81.98%
367 - 100 = 267
(267 x 81.98%) + 100 = 318.88 or 319 Caliper Inc
h
e
s
R
e
p
l
a
c
e
d
3) 811 Caliper Inches Removed
923 Total Caliper Inches
811
923 = 87.86%
Because the percentage of trees removed is gr
e
a
t
e
r
t
h
a
n
o
r
e
q
u
a
l
t
o
6
0
%
,
t
h
e
amount of tree replacement shall be 100% or 8
1
1
c
a
l
i
p
e
r
i
n
c
h
e
s
.
Replacement Locations
Listed in order of priority are the locations in
w
h
i
c
h
t
r
e
e
r
e
p
l
a
c
e
m
e
n
t
s
h
a
l
l
o
c
c
u
r
.
1) Site restoration areas including steep slopes.
2) Other areas
a) Outlots or common areas.
b) Buffering between different land use activitie
s
.
c) Entrance monuments.
3) Front yard replacement.
4) Adjacent park or community open
Staff and the Community Services
space (shall be coordinated by the Planning
Staff).
Once the amount of tree replacement has be
e
n
d
e
t
e
r
m
i
n
e
d
,
t
h
e
p
r
o
p
o
n
e
n
t
w
i
l
l
b
e
required to submit a landscape plan detailin
g
t
h
e
l
o
c
a
t
i
o
n
,
t
y
p
e
a
n
d
s
i
z
e
s
o
f
t
r
e
e
s
to be replaced. This plan will be require
d
p
r
i
o
r
t
o
f
i
r
s
t
r
e
a
d
i
n
g
b
y
t
h
e
C
i
t
y
Council.
Enforcement
In Multi-family, Office, Commercial or Industr
i
a
l
d
e
v
e
l
o
p
m
e
n
t
s
,
t
h
e
d
e
v
e
l
o
p
e
r
w
i
l
l
be required to follow normal landscape bondin
g
p
r
o
c
e
d
u
r
e
s
a
s
d
e
s
c
r
i
b
e
d
i
n
t
h
e
C
i
t
y
of Eden Prairie's Landscape/Screening Procedur
e
s
a
n
d
R
e
q
u
i
r
e
m
e
n
t
s
.
In Single Family Residential s
u
b
d
i
v
i
s
i
o
n
s
,
t
h
e
p
r
o
c
e
d
u
r
e
s
h
a
l
l
b
e
a
s
f
o
l
l
o
w
s
:
For trees planted within sit
e
r
e
s
t
o
r
a
t
i
o
n
a
r
e
a
s
i
n
c
l
u
d
i
n
g
s
t
e
e
p
s
l
o
p
e
s
,
other areas (examples: outl
o
t
s
o
r
c
o
m
m
o
n
a
r
e
a
s
,
b
u
f
f
e
r
i
n
g
,
o
r
e
n
t
r
a
n
c
e
monuments) or adjacent parks o
r
c
o
m
m
u
n
i
t
y
o
p
e
n
s
p
a
c
e
s
,
t
h
e
p
r
o
p
o
n
e
n
t
w
i
l
l
b
e
required to follow normal lan
d
s
c
a
p
e
b
o
n
d
i
n
g
p
r
o
c
e
d
u
r
e
s
.
T
h
e
e
x
c
e
p
t
i
o
n
w
i
l
l
be that the bond is required prior t
o
t
h
e
r
e
l
e
a
s
e
o
f
t
h
e
f
i
n
a
l
p
l
a
t
.
For trees planted within indi
v
i
d
u
a
l
l
o
t
s
,
t
h
e
p
r
o
c
e
d
u
r
e
s
h
a
l
l
b
e
a
s
f
o
l
l
o
w
s
:
1) Proponent shall submit a la
n
d
s
c
a
p
e
p
l
a
n
d
e
t
a
i
l
e
d
s
i
z
e
,
t
y
p
e
a
n
d
location of trees and plants
w
i
t
h
i
n
i
n
d
i
v
i
d
u
a
l
l
o
t
s
.
*
2) Proponent will be required to
s
u
b
m
i
t
a
b
o
n
d
2
1
/
2
t
i
m
e
s
t
h
e
c
o
s
t
o
f
landscaping for the entire pro
j
e
c
t
p
r
i
o
r
t
o
t
h
e
r
e
l
e
a
s
e
o
f
t
h
e
f
i
n
a
l
plat.
3) The City will provide one lan
d
s
c
a
p
e
i
n
s
p
e
c
t
i
o
n
e
a
c
h
y
e
a
r
(
u
s
u
a
l
l
y
i
n
the fall) for each individua
l
p
r
o
j
e
c
t
.
A
t
t
h
a
t
t
i
m
e
,
t
h
e
a
m
o
u
n
t
o
f
landscaping installed will
b
e
d
e
t
e
r
m
i
n
e
d
a
n
d
a subsequent bond amount released. The amount of
b
o
n
d
r
e
l
e
a
s
e
d
a
t
t
h
i
s
t
i
m
e
s
h
a
l
l
b
e
equal to the cost of the trees in
s
t
a
l
l
e
d
.
T
h
e
r
e
m
a
i
n
i
n
g
1
1
/
2
t
i
m
e
s
bond amount will be retained
b
y
t
h
e
C
i
t
y
a
s
a
w
a
r
r
a
n
t
y
f
o
r
t
r
e
e
replacement. Once a project is
t
o
t
a
l
l
y
c
o
m
p
l
e
t
e
d
,
t
h
e
C
i
t
y
w
i
l
l
a
t
the request of the developer pr
o
v
i
d
e
a
l
a
n
d
s
c
a
p
e
i
n
s
p
e
c
t
i
o
n
t
o
ensure compliance. If all of the
l
a
n
d
s
c
a
p
i
n
g
h
a
s
b
e
e
n
i
n
s
t
a
l
l
e
d
,
the City shall follow normal inspe
c
t
i
o
n
p
r
o
c
e
d
u
r
e
s
.
Should any of the landscapin
g
m
a
t
e
r
i
a
l
n
o
t
b
e
i
n
s
t
a
l
l
e
d
,
t
h
e
C
i
t
y
w
i
l
l
r
e
t
a
i
n
t
h
e
associated bond amount whic
h
s
h
a
l
l
b
e
p
l
a
c
e
d
i
n
t
o
a
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
F
u
n
d
.
T
h
e
purpose of the Natural Resour
c
e
s
F
u
n
d
s
h
a
l
l
i
n
c
l
u
d
e
b
u
t
n
o
t
l
i
m
i
t
e
d
t
o
t
h
e
p
u
r
c
h
a
s
e
of landscaping to be placed w
i
t
h
i
n
t
h
e
a
d
j
a
c
e
n
t
n
e
i
g
h
b
o
r
h
o
o
d
o
r
c
o
m
m
u
n
i
t
y
p
a
r
k
.
In addition to the number o
f
t
r
e
e
s
b
e
i
n
g
r
e
m
o
v
e
d
a
s
p
a
r
t
o
f
c
o
n
s
t
r
u
c
t
i
o
n
,
t
h
e
proponent will also be liable
f
o
r
t
h
e
r
e
p
l
a
c
e
m
e
n
t
o
f
t
h
o
s
e
t
r
e
e
s
d
i
r
e
c
t
l
y
a
t
o
r
n
e
a
r
the construction limits whi
c
h
m
a
y
d
i
e
a
s
a
d
i
r
e
c
t
r
e
s
u
l
t
o
f
t
h
i
s
c
o
n
s
t
r
u
c
t
i
o
n
activity. In order to protect
t
h
e
C
i
t
y
a
n
d
f
u
t
u
r
e
h
o
m
e
o
w
n
e
r
a
g
a
i
n
s
t
a
d
d
i
t
i
o
n
a
l
t
r
e
e
loss, the proponent will be
r
e
q
u
i
r
e
d
t
o
b
o
n
d
f
o
r
t
h
o
s
e
t
r
e
e
s
w
h
i
c
h
h
a
v
e
b
e
e
n
designated as being saved bu
t
d
u
e
t
o
t
h
e
i
r
p
r
o
x
i
m
i
t
y
t
o
a
n
y
c
o
n
s
t
r
u
c
t
i
o
n
a
c
t
i
v
i
t
y
,
may not survive. The number
o
f
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
"
q
u
e
s
t
i
o
n
a
b
l
e
"
t
r
e
e
s
s
h
a
l
l
b
e
calculated and a subsequent
b
o
n
d
a
m
o
u
n
t
i
n
c
l
u
d
e
d
a
s
p
a
r
t
o
f
t
h
e
t
r
e
e
r
e
p
l
a
c
e
m
e
n
t
bond. At the time of fin
a
l
i
n
s
p
e
c
t
i
o
n
f
o
r
t
h
e
r
e
p
l
a
c
e
m
e
n
t
t
r
e
e
s
,
t
h
e
s
e
"questionable" trees will al
s
o
b
e
i
n
s
p
e
c
t
e
d
.
A
f
t
e
r
t
h
i
s
i
n
s
p
e
c
t
i
o
n
,
t
h
e
p
r
o
p
o
n
e
n
t
will be contacted regarding
a
n
y
a
d
d
i
t
i
o
n
a
l
t
r
e
e
r
e
p
l
a
c
e
m
e
n
t
a
n
d
/
o
r
t
i
m
i
n
g
f
o
r
t
h
e
bond release.
* (If it has been determi
n
e
d
t
h
a
t
t
h
e
t
o
t
a
l
n
u
m
b
e
r
o
f
t
r
e
e
s
r
e
q
u
i
r
e
d
f
o
r
replacement cannot be placed
o
n
t
h
e
s
i
t
e
,
t
h
e
p
r
o
p
o
n
e
n
t
h
a
s
t
h
e
o
p
t
i
o
n
t
o
p
a
y
o
n
a
caliper inch basis an equal
a
m
o
u
n
t
i
n
t
o
t
h
e
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
F
u
n
d
.
T
h
e
p
r
o
c
e
e
d
s
from this fund shall be used
t
o
p
r
o
v
i
d
e
l
a
n
d
s
c
a
p
i
n
g
i
n
t
h
e
a
s
s
o
c
i
a
t
e
d
n
e
i
g
h
b
o
r
h
o
o
d
or community park.)
Sizes and Types
The minimum size of trees wh
i
c
h
s
h
a
l
l
b
e
g
i
v
e
n
c
r
e
d
i
t
f
o
r
t
r
e
e
r
e
p
l
a
c
e
m
e
n
t
a
r
e
a
3
"
deciduous tree or an 8' con
i
f
e
r
o
u
s
t
r
e
e
.
N
o
r
e
p
l
a
c
e
m
e
n
t
c
r
e
d
i
t
w
i
l
l
b
e
g
i
v
e
n
f
o
r
ornamental trees. The follow
i
n
g
l
i
s
t
d
e
s
c
r
i
b
e
s
t
h
e
t
y
p
e
s
o
f
t
r
e
e
s
s
u
i
t
a
b
l
e
t
o
b
e
)1anted in Eden Prairie. (T
r
e
e
s
d
e
s
i
g
n
a
t
e
d
f
o
r
r
e
p
l
a
c
e
m
e
n
t
s
h
a
l
l
b
e
o
f
a
s
i
m
i
l
a
r
variety of the trees which wer
e
r
e
m
o
v
e
d
)
.
31 1,7
SHADE TREES - Large trees 30+ feet mature height
Norway Maple - Acer platanoides
cultivars - 'Cleveland', 'Crimson King', 'Royal Red', 'Schwelder',
'
S
u
p
e
r
f
o
r
m
'
Red Maple - Acer rubrum
cultivars - 'Northwood', 'Red Sunset'
Silver Queen Silver Maple (seedless) - Acer saccharinum 'Silver Qu
e
e
n
Sugar Maple - Acer saccharum
cultivar - 'Green Mountain'
River Birch - Betula nigra
Hackberry - Celtis occidentalis
Green Ash - Fraximus pennsylvanica
cultivars - 'Kindred' , 'Newport', 'Bergeson' ,
'Marshall 's Seedless ' , 'Patmore' , Sunni t'
Ginkgo - Ginkgo biloba
Honeylocust - Glenditsia tricanthos inermis
cultiv ars - 'Imperial ' , Shademaster' , 'Skyline'
Kentucky Coffeetree - Gymnocladus dioicus
White Oak - Quercus alba
Swamp White Oak - Quercus bicolor
Red Oak - Quercus rubra
American Linden - Ill ia americana
Littleleaf Linden - Til ia cordata
cultivars - 'Sumner Splender', 'June Bride', 'Greenspire'
Redmond Linden - Tilia x euchlora
Conifer Trees
Balsam Fir - Abies balsamea
White Fir - Abies concolor
European Larch - Larix decidua
Black Hills Spruce - Picea glauca 'Densata'
Austrian Pine - Pinus nigra
POnderosa Pine - Pinus ponderosa
Scotch Pine - Pinus sylvestris
White Pine - Pinus strobus
Douglas Fir - Pseudotsuga menziesi
i
Canadian Hemlock - Tsuga canaden
s
i
s
Starrisood Addition
OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT
BETWEEN CARDARELLE & ASSOCIATES AND LYMAN LUMBER
THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of , 1987, by
and between Joseph L. Flesher, Jr., and Harriet Flesher, husband and wi
f
e
,
hereinafter referred to as "Owners," and the City of Eden Prairie, hereinaf
t
e
r
referred to as "City:"
For and in consideration of, and to induce, City to adopt Ordinance 456-87
changing the zoning of the property owned by Owner from the Rural District t
o
t
h
e
R1-13.5 District, as more fully described in that certain Developer's Agre
e
m
e
n
t
entered into as of , 1987, by and between Cardarelle &
Associates, Inc., and Lyman Lumber, jointly referred to as Developer in
s
a
i
d
Developer's Agreement, and City, Owners agree with the City as follows:
1. If Developer fails to proceed in accordance with the Developer's
Agreement within 24 months of the date hereof, Owners shall not
oppose the rezoning of the property to Rural.
2. This Agreement shall be binding upon and enforceable against Owners,
their successors, heirs, and assigns of the property.
3. If the Owners transfer such property, Owners shall obtain an
agreement from the transferree requiring that such transferee agree
to the terms of the Developer's Agreement.
CITY
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
no
'esher", J
STATE OF MTME30#A -)
COUNTY OF HENNE.P.I-N-)
Notarli public
NOTARY POSITC STATE OF FLORIDA
NY CONNISSION EXP. OCT 26
,L990 BONDED rnRu GENERAL INS. UND.
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me th
i
s
et." day of , 1987, by Gary D. Peterson, the Mayor, and C
a
r
1
J
.
J
u
l
l
i
e
,
t
h
e
City Manager of the -City of Eden Prairie, a municipal corporation, on behalf of th
e
corporation.
Notary Public
OWNERS
Harriet Flesher
e fore oing instrument was acknowledged before me this
9 day of , 1987, by Joseph L. Flesher, Jr., and Harriet Flesher, husband
a
n
d
SV"1"
Starrwood Addition
OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT
BETWEEN CARDARELLE & ASSOCIATES AND LYMAN LUMBER
THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
, 1987, by
and between Joseph L. Flesher, Jr., and Har
r
i
e
t
F
l
e
s
h
e
r
,
h
u
s
b
a
n
d
a
n
d
w
i
f
e
,
hereinafter referred to as "Owners," and the
C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
,
h
e
r
e
i
n
a
f
t
e
r
referred to as "City:"
For and in consideration of, and to induce, C
i
t
y
t
o
a
d
o
p
t
O
r
d
i
n
a
n
c
e
#
5
6
-
8
7
changing the zoning of the property owned by O
w
n
e
r
f
r
o
m
t
h
e
R
u
r
a
l
D
i
s
t
r
i
c
t
t
o
t
h
e
R1-13.5 District, as more fully described in
t
h
a
t
c
e
r
t
a
i
n
D
e
v
e
l
o
p
e
r
'
s
A
g
r
e
e
m
e
n
t
entered into as of , 1987, by
a
n
d
b
e
t
w
e
e
n
C
a
r
d
a
r
e
l
l
e
&
Associates, Inc., and Lyman Lumber, jointly
r
e
f
e
r
r
e
d
t
o
a
s
D
e
v
e
l
o
p
e
r
i
n
s
a
i
d
Developer's Agreement, and City, Owners agree wi
t
h
t
h
e
C
i
t
y
a
s
f
o
l
l
o
w
s
:
1. If Developer fails to proceed in accordance w
i
t
h
t
h
e
D
e
v
e
l
o
p
e
r
'
s
Agreement within 24 months of the date hereo
f
,
O
w
n
e
r
s
s
h
a
l
l
n
o
t
oppose the rezoning of the property to Rural.
2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the prop
e
r
t
y
.
3. If the Owners transfer such property, Owne
r
s
s
h
a
l
l
o
b
t
a
i
n
a
n
agreement from the transferree requiring that s
u
c
h
t
r
a
n
s
f
e
r
e
e
a
g
r
e
e
to the terms of the Developer's Agreement.
CITY
Gary D. Peterson, Mayor
tall J. Jullie, City Manager
3 i 1 2,
Starrwood Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-323
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 56-87 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 56-87 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 15th day of December,
1987;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the sumnary of Ordinance No. 56-87, 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.
8. 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. 56-87 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 December 5, 1987.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
3113
Starrwood Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 56-87
AN ORDINANCE OF THE CITY OF EDEN PR
A
I
R
I
E
,
M
I
N
N
E
S
O
T
A
,
R
E
M
O
V
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 AN
O
T
H
E
R
,
A
M
E
N
D
I
N
G
T
H
E
L
E
G
A
.
D
E
S
C
R
I
P
T
I
O
N
S
O
F
L
A
N
D
IN EACH DISTRICT, AND ADOPTING BY R
E
F
E
R
E
N
C
E
C
I
T
Y
C
C
O
E
C
H
A
P
T
E
R
1
A
N
D
S
E
C
T
I
O
N
1
1
.
9
9
,
WHICH, AMONG OTHER THINGS, CONTAIN P
E
N
A
L
T
Y
P
R
O
V
I
S
I
O
N
S
THE CITY COUNCIL OF THE CITY OF EDEN
P
R
A
I
R
I
E
,
M
I
N
N
E
S
O
T
A
,
O
R
D
A
I
N
S
:
Summary: This Crdinance allows rezoning o
f
l
a
n
d
l
o
c
a
t
e
d
n
o
r
t
h
o
f
Research Road east of Mitchell R
o
a
d
,
s
o
u
t
h
e
a
s
t
o
f
M
c
C
o
y
L
a
k
e
,
f
r
o
m
t
h
e
R
u
r
a
l
District to the R1-13.5 District,
s
u
b
j
e
c
t
t
o
t
h
e
t
e
r
m
s
a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
a developer's agreement. Exhibit A
,
i
n
c
l
u
d
e
d
w
i
t
h
t
h
i
s
O
r
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 up
o
n
p
u
b
l
i
c
a
t
i
o
n
.
ATTEST:
/s/John D. Frare
/s/Gary D. Peterson City Clerk
Mayor
PUBLISHED in the Eden Prairie News o
n
t
h
e
day of
, 1987.
(A full copy of the text of this Ordi
n
a
n
c
e
i
s
a
v
a
i
l
a
b
l
e
f
r
o
m
t
h
e
C
i
t
y
C
l
e
r
k
.
)
ORDINANCE NO. 58-87
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, AMENDING CITY CODE CHAPTER 11 AS
A
M
E
N
D
E
D
HEREIN, (1) BY ADDING THE WORD "ADJACENT" TO THE DEFINITION OF SCREENING; (
2
)
A
N
D
B
Y
AMENDING MECHANICAL EQUIPMENT SCREENING STANDARDS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS:
Section 1. Eden Prairie City Code Section 11.03 entitled "Establishment
of Districts, Special Requirements and Performance Standards" is hereby ame
n
d
e
d
b
y
changing Subdivision 3, Paragraph 6, Subparagraph 1, Item m to read as follo
w
s
:
Subdivision 3 Special Requirements
NEW (m) Screening: A barrier which blocks all views from public roads and
adjacent differing land uses to oti-street parking areas, loading areas, serv
i
c
e
a
n
d
utility areas, and mechanical equipment.
Section 2. Eden Prairie City Code Section 11.03 entitled "Establishment
of Districts, STiCial Requirements and Performance Standards" is hereby ame
n
d
e
d
b
y
changing Subdivision 3, Paragraph G, Subparagraph 4, Item k to read as follow
s
:
NEW (k) Mechanical Equipment Screening:
1. All mechanical equipment mounted on the exterior of a building and possessing one or more of the characteristic slisted below in k. 3. shalT —Se pfiT.ITeirly screened from all public roads and adjacent differing land uses with factory
prefinished metal, wood laminated with tii, or other building material in a manner architecturally inteviTTO the building or on site.
2. All mechanical equipment located on the ground and
possessing one or more of the characteristics listed below In k. 3. 67)—Ee physicaTT — screened from all public roads
and adjaciFiThffering land uses with either plant ma6WiTi
or factory prefinished metal, woorFaiminated with metal, or
other building material in a manner architecturally integral
to the buil.ing or buildings on site.
3. Irregular in size and shape;
Exposed Anajor protruding fans, grills, pipes, tubes, wires,
vents;
Unfinished metal covering, exposed rivets, exposed seams.
Section 3. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violati
o
n
"
a
n
d
Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted
i
n
t
h
e
i
r
entirety, by reference, as though repeated verbatim herein.
Section 4.
and publication.
This ordinance shall become effective from and after passage
3'
FIRST READ at a regular meeting of the City
C
o
u
n
c
i
l
o
f
t
h
e
C
i
t
y
o
f
E
d
e
n
Prairie on the day of , 1987, an
d
f
i
n
a
l
l
y
r
e
a
d
a
n
d
a
d
o
p
t
e
d
and ordered publliFid at a regular meeting of the
C
i
t
y
C
o
u
n
c
i
l
o
f
s
a
i
d
C
i
t
y
o
n
t
h
e
day of , 1987.
ATTEST:
ti-ty Clerk Mayor
PUBLISHED in the Eden Prairie News on the
day of , 1987.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-326
A RESOLUTION APPROVING FINAL PLAT OF
LUND CENTER ADDITION
WHEREAS, the plat of LUND CENTER ADDITION has
b
e
e
n
s
u
b
m
i
t
t
e
d
i
n
a
m
a
n
n
e
r
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all pro
c
e
e
d
i
n
g
s
h
a
v
e
b
e
e
n
d
u
l
y
h
a
d
thereunder, and
WHEREAS, said plat is in all respects consistent
w
i
t
h
t
h
e
C
i
t
y
p
l
a
n
a
n
d
t
h
e
regulations and requirements of the laws of t
h
e
S
t
a
t
e
o
f
M
i
n
n
e
s
o
t
a
a
n
d
ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
O
F
T
H
E
C
I
T
Y
O
F
E
D
E
N
P
R
A
I
R
I
E
:
A. Plat approval request for LUND CENTER ADDITION is
a
p
p
r
o
v
e
d
u
p
o
n
compliance with the recommendation of the City Eng
i
n
e
e
r
'
s
report on this plat dated DECEMBER 9, 1987.
B. Variance is herein granted from City Code 12.20 Sub
d
.
2
.
A
.
waiving the six-month maximum time elapse betwee
n
t
h
e
a
p
p
r
o
v
a
l
date of the preliminary plat and filing of the fin
a
l
p
l
a
t
a
s
described in said engineer's report.
C. That the City Clerk is hereby directed to supply
a
c
e
r
t
i
f
i
e
d
copy of this Resolution to the owners and subdivi
d
e
r
s
o
f
t
h
e
above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of
t
h
e
C
i
t
y
Council upon compliance with the foregoing provisi
o
n
s
.
ADOPTED by the City Council on DECEMBER 15, 1987.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Clerk
3 11
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: December 8, 1987
SUBJECT: LUNDS CENTER ADDITION
PROPOSAL: The Developers, Commercial Partners, Inc., are requesting
C
i
t
y
Council approval of the final plat of Lunds Center Addition.
Formerly Lot 1 Block 1, Holmes Anderson Addition, the plat contai
n
s
6.1 acres to be divided into one lot with right-of-way dedication
for Franlo Road. Located south of Prairie Center Drive and east
o
f
Franlo Road, the plat is the proposed site for a Lunds Grocery
Store and retail space.
HISTORY: The Developer's Agreement referred to within this report
w
a
s
executed July 7, 1987.
The preliminary plat was approved by the City Council May 5, 1987,
per Resolution 87-102.
Second reading of Ordinance 17-87, changing zoning from the rural
district to C-Reg-Ser-District, was finally read and approved by
the City Council July 7, 1987.
VARIANCES: A variance from the requirements of City Code 12.20, SUB
D
.
2.A, waiving the six-month maximum time elapse between the approva
l
d
a
t
e
of the preliminary plat and filing of the final plat will be necess
a
r
y
.
All other variance requests must be processed through the Board of
Appeals.
STREETS & UTILITIES: This site abuts the south side of Prairie Ce
n
t
e
r
D
r
i
v
e
.
City water is available off of Prairie Center Drive as well as limit
e
d
access to the site through a right-in right-out only intersection, a
n
d
the unimproved intersection with Franlo Road. It is possible to se
r
v
e
this site with sanitary sewer through a temporary connection to a
private sewer line through Eden Commons to the south, however; the
Page 2 of 2
Lund Center Addition December 8, 1987
permanent solution is to extend sanitary sewer and water along Franlo
Road. The Developers have petitioned the City to improve Franlo Road
and extend sewer and water. Presently there is a feasibility study
underway for these improvements to Franlo Road from Grier Lane to
Prairie Center Drive. Prior to release of the final plat, the
Developers shall enter into a special assessment agreement with the City
with regards to the Developer's portion of the construction costs for
the Franlo Road improvements.
PARK DEDICATION: Park dedication shall conform to City Code and the
Developer's Agreement requirements.
BONDING: Bonding shall conform to City Code requirements.
RECOMMENDATION: Recommend approval of the final plat of Lunds Center
Addition subject to the requirements, of this report, the Developer's
Agreement, and the following:
1. Receipt of street sign fee of $239.00
2. Receipt of street lighting fee of $1,126.00
3. Receipt of engineering fee of $610.00
4. Execution of special assessment agreement regarding costs of
improvements to Franlo Road
5. Satisfaction of bonding requirements.
JJ:ss
cc: Commercial Partners
Suburban Engineering
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-326
A RESOLUTION APPROVING FINAL PLAT OF
RAVEN WOOD
WHEREAS, the plat of RAVEN WOOD 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 RAVEN WOOD is approved upon compliance
with the recommendation of the City Engineer's report on this plat
dated DECEMBER 10, 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 DECEMBER 15, 1987
ATTEST:
Gary D. Peterson, Mayor
SEAL
John D. Frane, Clerk
3110
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: December 10, 1987
SUBJECT: RAVEN WOUD
PROPOSAL: The Developers, the Cambridge Group, have requested City Counc
i
l
approval of the final plat of Raven Wood, a 3.04 acre multiple family
subdivision located northeast of Edenvale Boulevard and southwest of
Raven Court. This proposal is a replat of Lots 1, 2, 3, and 4, Block
2 of Raven Ridge into 16 lots and 3 outlots for construction of 16
townhouse units. Outlot A consists of a private drive, Outlots B & C
are common areas, and all will be owned and maintained by a homeowners
association.
HISTORY: The Developer's Agreement referred to within this report was
executed November 17, 1987.
The preliminary plat was approved by the City Council October 20, 1987,
per Resolution 87-282.
Second reading of Ordinance 50-87, amending zoning district within the
RM-6.5 District, was finally read and approved by the City Council
November 17, 1987.
The vacation of drainage and utility easements on the underlying Lots
1, 2, 3, and 4 Block 2 of the Raven Ridge plat was approved by City
Council December 1, 1987, per Resolution 87-318.
VARIANCES: All variance requests must be processed through the Board o
f
Appeals.
STREETS AND UTILITIES: Municipal utilities presently exist to serve thi
s
site, although services to individual townhouses will need to be added
or modified. Prior to release of the final plat, the Developer shall
provide the City Engineer with final construction plans for streets,
sanitary sewer, water, and storm sewer, and receive approval of same.
Plat shall be revised to include standard drainage and utility ease-
ments around the perimeter of the plat. Easements shall be 10' in
width abutting public streets, and 5' in width along lot lines.
Page 2 of 2
Raven Wood December 10, 1987
Item #7 of the Developer's Agreement requires the Developer to file a
cross-access agreement to Edenvale Boulevard, through the existing
Raven Ridge Townhome Development. While the City would expect the
Developer to make every effort to obtain the cross-access agreement, it
may not be possible, since the Raven Ridge Townhome property is under
the jurisdiction of the Homeowners Association and not within the
control of the Developer, therefore; the enforcement of this require-
ment may not be feasible.
Prior to release of the final plat Developer shall provide the City
with a recordable copy of the covenants defining ownership and
maintenance responsibilities of the private drive, private utilities,
and ale common areas.
PARK DEDICATION: Park dedication shall conform to City Code and the
Developer's Agreement requirements.
BONDING: Bonding shall conform to City Code requirements.
RECOMMENDATION: Recommend approval of the final plat of Raven Wood subject
to the requirements, of this report, the Developer's Agreement, and the
following:
1. Receipt of engineering fee of $640.00
2. Satisfaction of bonding requirements
3. Revision of plat to include standard drainage and utility
easements
4. Receipt of copy of covenants defining ownership and
maintenance responsibilities
JJ:ss
cc: The Cambridge Group
Ron Krueger & Associates
3172
CHANGE ORDER #1
I.C. 52-109
Sunnybrook Road and Nemec Knolls
TO City of Eden Prairie
Changes made for work performed in this
c
o
n
t
r
a
c
t
NATURE OF CHANGES
1. Poly wrap the DIP water main as requeste
d
b
y
E
d
e
n
P
r
a
i
r
i
e
W
a
t
e
r
Department.
ADJUSTMENTS TO CONTRACT COSTS
1. Add the following quantities and costs t
o
t
h
e
contract
Material Plastic Wrap 632 L.F. @ $0.26 $ 164.32 2 rolls of tape 5.34 10.68
Labor: Install 632 L.F. @ $0.70
442.40
Sunnybrook Road Subtotal
$ 617.40
Material Plastic Wrap 409 L.P. @ $0.26 $ 106.34 2 rolls of tape 5.34 10.68
Labor: Install 409 L.F. @ $0.70
286.30
Nemec Knolls Subtotal
$ 403.32
TOTAL
$ 1,020.72
THE ABOVE CHANGES ARE APPROVED
Engineer
By 0‘71016%964
Date
THE ABOVE CHANGES ARE ACCEPTED
Contractor
By
Date 1, / 5;3 * 7
City of Eden Prairie
By
Date
31"Ze
ADDITIONS
Seq. No. Mn/DOT No.
1/2104.521
Item
Salvage 16" DIP
Watermain
Estimated Unit
Unit Quantity Price
Amount
LF 56 $ 15.00 $ 840.00
2 EA 2/2104.523
3/2104.523
4/504.521
5/0503.603
1 EA
LF 20
1
250.00 500.00
250.00 250.00
20.00 400.00
24,980.00 24,980.00
Salvage 16" DIP
Fittings
Salvage PCCP to DIP
Adaptor
Install Salvaged
16" DIP
30" Steel Casing Pipe IS
(Bored) 140 LF, 0.469"
Thick
CONTRACT AMENDMENT NO. 4
TO CONSTRUCTION CONTRACT FOR
IMPROVEMENT PROJECT 51-272
VALLEY VIEW ROAD, COUNTY ROAD 4 TO MITCHELL ROAD
CITY OF EDEN PRAIRIE, MINNESOTA
December 1987
BENNETT-RINGROSE-WOLSFELD-
JARVIS-GARDNER, INC.
700 Third Street South
Minneapolis, MN 55415
The following work shall be added by contract amendment to this pr
o
j
e
c
t
:
6/0503.603
36" Steel Casing Pipe IS
1
31,256.00 31,256.00 (Bored) 140 LF, 0.531"
Thick
Total Additions, Contract
$58,226.00 Amendment No. 4
NECESSITY FOR AMENDMENT
Items 1-3:
Item 4:
Items 5-6:
Temporary connection between 16-inch DIP and old PCCP watermain wi
l
l
n
o
t
b
e
needed after permanent new piping and casings are installed.
Can use 20 linear feet of salvaged 16-inch DIP rather than order ne
w
p
i
p
e
.
Delay in railroad abandonment and need for connection of new supply
m
a
i
n
s
t
o
new wells next April, requires placing casings under railroad emban
k
m
e
n
t
.
Page 1 of 2
ENGINEER
Bennett-Ringrose-Wolsfeld-Jarvis-Gardner, Inc.
Ffrt7
CITY
Title
Date
CONTRACTOR
Shafer Contracting Company, Inc.
Title
Date
CITY OF EDEN PRAIRIE
City Engineer Date
Page 2 of 2
5175
JOHN E FOX CPA
WILLIAM M McCUE. C PA
JAMES t MURPHY, CPA
FOX, McCUE & MURPHY
CERTWIED PURUC ACCOUNTANTS
250PRAIRIE CENTER DRIVE
EDEN PRAIRIE, MINNESOTA 55344
EDEN PRAIRIE
1612/ 944 6166
BELLE PLAINE
16121 4456693
December 7, 1987
Mr. Carl Jullie
City Manager
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mr. Jullie:
We are pleased to submit this proposal to serve as the independent auditors for
the City of Eden Prairie for the 1987 calendar year.
The scope of our examination continues to be significantly affected by new
accounting and auditing pronouncements by our profession, federal and state
compliance issues, as well as continued growth in the volume of City transac-
tions. As a result of all of these changes, our role as auditors has been
expanded to include procedures which determine compliance with certain federal
and state legal issues, and review and evaluation of the City's accounting poli-
cies and procedures.
The Single Audit concept, which essentially requires the City to coordinate its
annual audit with audits of all federal financial assistance monies (such as
CDBG funding), appears to be elective for 1987 since the City's federal funding
level falls below the $100,000 threshold set forth in the Single Audit Act of
1984. The loss of Revenue Sharing Aid is the basic reason that the City's
reliance on federal funding will now generally fall below the $100,000 level.
We will meet with John Frane and discuss the reporting alternatives regarding
this election, if required.
As a result of performing the City of Eden Prairie audit since 1978, our firm
has the ability to utilize personnel who are experienced with the City's person-
nel and operational characteristics, and who possess appropriate levels of
knowledge with respect to governmental entities. Based on a preliminary esti-
mate of hours required to complete the financial and compliance audit procedures
and reports, we expect our charges to range from $25,000 to $27,000. This fee
range is comparable to the fees charged for the 1986 examination. We continue
to utilize our knowledge of the City's operations, professional training, and
audit experience to review and revise our engagement approach in order to strive
for maximum efficiency, thereby offsetting the factors cited above which
increase the scope of the audit.
17(o
(-i!hn J. Brand
JJB:bf
CC: John Franc
Finance Director
-2-
As part of the audit engagement we would be available for any meetings that you,
John Frane, or the City Council might desire. We would also expect to meet with
the City Council at the completion of the audit to review the audited financial
statements and our financial comments letter which highlights trends and impor-
tant issues in the various funds.
Primary fieldwork is expected to be performed in April or May, with delivery of
the completed reports by June 15, 1988. Interim audit procedures (such as
compliance testing and evaluation of internal controls) could be arranged in
early January to ensure timeliness of the audit report issuance in June.
We have appreciated the opportunity to serve as your independent auditor since
1978. If you have any questions or desire further information, please contact
us. We will be happy to discuss the nature of the engagement and the degree of
our qualifications.
Very trulx yours,
3/r1
ADOPTED by the City Council on DECEMBER 15, 1987.
ATTEST:
SEAL
Ury D. Peterson, Mayor
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-329
PETITION RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT
FOR DRAINAGE SYSTEM REVIEW
WHEREAS, the July 1987 rainstorms caused significant public and private damage
to property and was the first real significant test of the "as-built" drainage
systems that are in place within the City of Eden Prairie;
WHEREAS, a number of residents of the City of Eden Prairie have asked technical
questions concerning the adequacy of design for the drainage systems that are
In place within the City;
WHEREAS, the City Council has determined that a responsible course of action
would be to investigate several of the drainage systems to determine that they
function in accordance with proper design criteria; and
WHEREAS, the City Council has budgeted funds to pay a portion of the expense
necessary to perform engineering analysis to resolve these questions.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
That the Riley-Purgatory-Bluff Creek Watershed District is hereby respectfully
petitioned to authorize engineering analysis of the below listed drainage
systems in order to determine adequacy of design and suggested maintenance or
reconstruction if warranted:
A. Purgatory Creek in the vicinity of Hillcrest Court;
B. Purgatory Creek/flood plain storage area between Valley View Road
and Mitchell Road; and
C. Neill Lake drainage system from Eden Lake (North of Anderson Lakes
Parkway) to Neill Lake east of Preserve Blvd.
Further, the Watershed District is requested to prepare a cost participation
document with all convenient speed for review by the City of Eden Prairie in
order that the engineering analysis may proceed as soon as possible.
John D. Frane, Clerk
3117
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-331
RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY REPORT
WHEREAS, it is proposed to make the following improvements:
I.C. 52-133 (Elementary School 04 Street and Utility Improvements)
and assess the benefitted property for all or a portion of the cost of the
improvements, pursuant to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
That the proposed improvements be referred to the City Engineer for
study with the assistance of Hanson, Thorp, Pellinen, Olson, Inc. and
that a feasibility report shall be prepared and presented to the City
Council with all convenient speed advising the Council in a preliminary
way as to the scope, cost assessment and feasibility of the proposed
Improvements.
ADOPTED by the Eden Prairie City Council on December 15, 1987.
ATTEST:
Gary D. Peterson, Mayor
SEAL
John D. Frane, Clerk
District 272
Business Office
Telephone: (612) 937-1650
November 25, 1987
Carl Jullie
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
RE: Driveway to Fourth Elementary School
Dear Carl;
This letter is in response to our conversation o
n
M
o
n
d
a
y
,
N
o
v
e
m
b
e
r
2
3
,
1
9
8
7
concerning the school district's need for an e
n
t
r
a
n
c
e
t
o
t
h
e
f
o
u
r
t
h
e
l
e
m
e
n
t
a
r
y
school located on the Harry Rogers property.
You and Gene Dietz suggested that there is
a
n
e
e
d
f
o
r
a
f
e
a
s
i
b
i
l
i
t
y
s
t
u
d
y
f
o
r
the roadway and utility system for that parce
l
o
f
l
a
n
d
.
The school district's initial plan was to co
n
s
t
r
u
c
t
a driveway, which would later be converted to a street, when the area became
d
e
v
e
l
o
p
e
d
a
n
d
u
t
i
l
i
t
i
e
s
were installed. There has been some discu
s
s
i
o
n
t
h
a
t
t
h
e
u
t
i
l
i
t
i
e
s
a
n
d
f
i
n
a
l
roadway should be constructed initially in o
r
d
e
r
t
o
e
l
i
m
i
n
a
t
e
d
u
p
l
i
c
a
t
i
o
n
o
f
work.
The Eden Prairie school district would look
f
o
r
w
a
r
d
t
o
t
h
e
r
e
s
u
l
t
s
o
f
a feasi- bility study regarding these alternatives. T
h
e
d
i
s
t
r
i
c
t
s
h
a
r
e
s
y
o
u
r
c
o
n
c
e
r
n
about the duplication of work and also shares
y
o
u
r
c
o
n
c
e
r
n
a
b
o
u
t
t
h
e
m
a
n
n
e
r
i
n
which the assessments would be distributed t
o
a
d
j
o
i
n
i
n
g
/
b
e
n
e
f
i
t
t
i
n
g
l
a
n
d
o
w
n
e
r
s
.
Sincerely yours,
Merle 0. Gamm
Executive Director of Business Services
MOG/11
CC: Gene Dietz
Jerry McCoy
Dave Soucy
Ray Mitchell
Eden Prairie Schools
8100 School Road
Eden Prairie, MN 55344
?AO
TO: MAYOR & COUNCIL
FROM: JOHN FRANE, CITY CLERK
DATE: DECEMBER 10, 1987
RE: RESOLUTION 87-332 AND 87-333
Resolution 87-332 gives final approval for $20,900,000 of the $40.900,000 multi-family housing bonds for F
o
u
n
t
a
i
n
P
l
a
c
e
(C.S.M.). The balance of the bonds will be sold in
1
9
8
8
.
Resolution 87-333 lowers the re-investment rat
e
o
n
t
h
e
b
o
n
d
proceeds.
The documents have been reviewed and approved
b
y
t
h
e
C
i
t
y
Attorney's office.
3141
8-'2- 33X
THE CITY OF EDEN PRAIRIE, MINNESOTA
MULTIFAMILY HOUSING REVENUE BOND RESOLUTION
A RESOLUTION AUTHORIZING THE ISSUANCE OF A MULTI-
FAMILY HOUSING REVENUE BOND OF THE CITY OF EDEN
PRAIRIE, MINNESOTA IN A PRINCIPAL AMOUNT NOT TO
EXCEED TWENTY MILLION NINE HUNDRED THOUSAND DOLLARS
($20,900,000) FOR THE PURPOSE OF REFUNDING A
PORTION OF ITS MULTIFAMILY HOUSING REVENUE BONDS
(FOUNTAIN PLACE APARTMENTS) SERIES 1985 WHICH WERE
ISSUED FOR THE PURPOSE OF FINANCING THE COSTS OF
ACQUIRING, CONSTRUCTING AND EQUIPPING A MULTIFAMILY
HOUSING DEVELOPMENT LOCATED WITHIN THE CORPORATE
BOUNDARIES OF THE CITY OF EDEN PRAIRIE, AND TO PAY
CERTAIN EXPENSES OF SUCH BOND ISSUE, WHICH BOND AND
THE INTEREST THEREON SHALL BE PAYABLE SOLELY FROM
THE REVENUES DERIVED FROM THE LENDER LOAN AGREEMENT
REFERRED TO BELOW; APPROVING AND AUTHORIZING EXECU-
TION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE
ISSUANCE OF THE BOND; MAKING FINDINGS AND DETERMI-
NATIONS WITH REFERENCE TO SAID PROJECT AND BOND;
AUTHORIZING THE SALE OF SAID BOND; DETERMINING THAT
SAID BOND SHALL NOT BE A LIABILITY OF THE ISSUER;
PROVIDING THAT THE INVALIDITY OF ANY PART OF THIS
RESOLUTION SHALL NOT AFFECT THE REMAINDER; INCORPO-
RATING WITH THIS RESOLUTION THE PROVISIONS OF THE
CONSTITUTION OF THE STATE OF MINNESOTA, THE
MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, AND
OTHER PROVISIONS OF LAW; AND AUTHORIZING THE
EXECUTION AND DELIVERY OF RELATED DOCUMENTS.
WHEREAS, The City of Eden Prairie, Minnesota (the
"Issuer") proposes to issue its Multifamily Housing Revenue
Bond (Fountain Place Apartments Project--Phase I) Series
1987, in a principal amount not to exceed $20,900,000 (the
"Bond"), for the purpose of refunding a portion of its Multi-
family Housing Revenue Bonds (Fountain Place Apartments
Project) Series 1985 (the "1985 Bonds") which were issued to
finance the costs of the acquisition, construction and
equipping of the multifamily housing development located
within the jurisdiction of the City of Eden Prairie,
Minnesota (the "Project"), all in accordance with the provi-
sions of the Constitution of the State of Minnesota, the
Minnesota Statutes, Chapter 462C, as amended (the "Act"); and
WHEREAS, the Act requires adoption of a program after a
public hearing has been held following publication of notice
in a newspaper of general circulation at least 15 days in
advance of the public hearing; and
9394m
WHEREAS, on November 19, 1985, in accordance with the
requirements of the Act and TEFRA, the Issuer held a public
hearing on the proposed adoption of a program which provided
for issuance of the 1985 Bonds (the "Program") following the
publication of notice duly published in a newspaper of gen-
eral circulation in the jurisdictional boundaries of the
Issuer, and at said meeting, all members of the public desir-
ing to express their views on said issuance were given such
an opportunity; and
WHEREAS, the Issuer, in connection with the issuance of
the 1985 Bonds, adopted a Housing Plan pursuant to and in
conformity with the Act following a public hearing thereon
after one publication of notice in a newspaper circulating
generally in the Issuer; and
WHEREAS, in connection with the issuance of the 1985
Bonds, the Issuer adopted the Program by the passage of
Resolution No. 85-267; and
WHEREAS, the Program was submitted to the Metropolitan
Council, and the Metropolitan Council was afforded an oppor-
tunity to present comments at the public hearing, all as
required by the Act; and
WHEREAS, the Program was submitted to the Minnesota
Housing Finance Agency (the "Agency"); and
WHEREAS, the Issuer finds and determines that in further-
ance of the purposes and pursuant to the provisions of the
Act, it is necessary and advisable and in the best interest
of the Issuer to proceed with the issuance of the Bond to
refund the 1985 Bonds and to apply the proceeds thereof in
accordance with the terms of the Lender Loan Agreement; and
WHEREAS, the Bonds are expected to be sold to Capital
Realty Investors Tax Exempt Fund Limited Partnership (the
"Purchaser"); and
WHEREAS, there have been presented to this meeting the
following documents, which the Issuer proposes to enter into:
1. The form of the Loan Agreement dated as of
June 1, 1987 (the "Loan Agreement") among the Issuer,
the Purchaser and Fountain Place Apartments Limited
Partnership (the "Developer");
-2-
9394m
2. The form of the Lender Loan Agreement dated as
of June 1, 1987 (the "Lender Agreement") between the
Issuer and the Purchaser, setting forth the terms of the
Bond (including, without limitation, the maturity date,
the rates of interest and redemption provisions as set
forth therein) and the conditions and security for the
Bond;
3. The form of Escrow Agreement dated as of
December 1, 1987 (the "Escrow Agreement") among the
Issuer, the Developer, the Purchaser and CRICO Mortgage
Company, Inc., as Escrow Agent;
4. The form of the Bond; and
5. The form of the Regulatory Agreement dated as
of December 1, 1987 among the Issuer, the Purchaser and
the Developer; and
WHEREAS, it appears that each of the instruments above
referred to, which are now before the Issuer, is in appro-
priate form and is an appropriate instrument for the purposes
intended;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDEN PRAIRIE, MINNESOTA, AS FOLLOWS:
Section 1. That it is hereby ascertained, determined
and declared as follows:
A. The Project constitutes and will constitute a
"multifamily housing development" within the meaning of
the Act.
B. That the preservation of the quality of life
in the City of Eden Prairie, Minnesota is dependent upon
the maintenance, provision and preservation of an
adequate housing stock which is affordable to persons
and families of low or moderate income, that accom-
plishing this is a public purpose and that many would-be
providers of housing units in the City of Eden Prairie
are either unable to afford mortgage credit at present
market rates of interest or are unable to obtain mort-
gage credit because the mortgage credit market is
severely restricted.
C. That it is in the best interest of the Issuer
that it issue the Bond to refund a portion of the 1985
Bonds and use the proceeds of the 1985 Bonds to make a
mortgage loan (the "Mortgage Loan") to the Developer
-3-
9394m
pursuant to the Program in order to provide affordable
housing to persons and families of low and moderate
income.
Section 2. That, in order to refund a portion of the
1985 Bonds and finance the Project, the Bond shall be issued
in a principal amount not to exceed $20,900,000 and shall
mature, shall be subject to redemption and shall be in
substantially the form now before this meeting, subject to
appropriate insertion and revision in order to comply with
provisions of the Lender Loan Agreement, and the form and
content of the Bond now before this meeting be, and the same
hereby are, in all respects authorized, approved and con-
firmed, and the Mayor and the City Manager be, and they
hereby are, authorized, empowered and directed to execute,
and attest to the execution of, whether by manual or
facsimile signatures, and seal with the official seal of the
Issuer, the Bond, and the provisions of the Lender Loan
Agreement with respect to the Bond be, and the same hereby
are, authorized, approved and confirmed and are incorporated
herein by reference. The Bonds shall bear interest at a rate
not to exceed 16.00% per annum as set forth in Section 2.03
of the Lender Loan Agreement.
Section 3. That the form and content of the Loan Agree-
ment and the Escrow Agreement be, and the same hereby are, in
all respects authorized, approved and confirmed and the Mayor
and the City Manager be, and they hereby are, authorized,
empowered and directed to executed, attest to the execution
of, seal with the official seal of the Issuer and deliver the
Loan Agreement and the Escrow Agreement prior to the issuance
of the Bond for and on behalf of the Issuer, including neces-
sary counterparts in substantially the form and content now
before this meeting but with such changes, modifications,
additions or deletions therein as shall to them seem neces-
sary, desirable or appropriate, their execution thereof to
constitute conclusive evidence of their approval of any and
all changes, modifications, additions or deletions therein
from the form and content of the Loan Agreement or the Escrow
Agreement now before this meeting, and that, from and after
the execution, attestation, sealing and delivery of the Loan
Agreement and the Escrow Agreement, the Mayor and the City
Manager are hereby authorized, empowered and directed to do
all such acts and things and to execute all such documents as
may be necessary to carry out and comply with the provisions
of the Loan Agreement and the Escrow Agreement as executed.
Section 4. That the form and content of the Lender Loan
Agreement and the assignment of the Issuer's interest in the
Loan Agreement be, and the same hereby are, in all respects
-4-
9394m
authorized, approved and confirmed, and the Mayor and the
City Manager be, and they hereby are, authorized, empowered
and directed to execute, attest to the execution of and seal
with the official seal of the Issuer the Lender Loan Agree-
ment, including necessary counterparts in substantially the
form and content now before this meeting but with such
changes, modifications, additions and deletions therein as
shall to them seem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of their
approval of any and all changes, modifications, additions or
deletions therein from the form and content of the Lender
Loan Agreement now before this meeting, and that, from and
after the execution, attestation, sealing and delivery of the
Lender Loan Agreement, the Mayor and the City Manager are
hereby authorized, empowered and directed to do all such acts
and things and to execute all such documents as may be neces-
sary to carry out and comply with the provisions of the
Lender Loan Agreement as executed.
Section 5. That the form and content of the Regulatory
Agreement be, and the same hereby are, in all respects
authorized, approved and confirmed, and the Mayor and the
City Manager be, and they hereby are, authorized, empowered
and directed to execute, attest to the execution of and seal
with the official seal of the Issuer the Regulatory Agree-
ment, including necessary counterparts in substantially the
form and content now before this meeting but with such
changes, modifications, additions and deletions therein as
shall to them seem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of their
approval of any and all changes, modifications, additions or
deletions therein from the form and content of the Regulatory
Agreement now before this meeting, and that, from and after
the execution, attestation, sealing and delivery of the
Regulatory Agreement, the Mayor and the City Manager are
hereby authorized, empowered and directed to do all such acts
and things and to execute all such documents as may be neces-
sary to carry out and comply with the provisions of the
Regulatory Agreement as executed.
Section 6. That the Mayor and the City Manager of the
Issuer be, and they hereby are, authorized to execute and
deliver for and on behalf of the Issuer any and all addi-
tional agreements, certificates, documents, opinions or other
papers and perform all other acts (including, without limita-
tion, the filing of any financing statements or any other
documents to create and maintain a security interest in the
properties and revenues pledged under the Lender Loan Agree-
ment) as they may deem necessary or appropriate in order to
-5-
9394m
implement and carry out the intent and purposes of this
Resolution.
Section 7. That in the event of the inability or
unavailability of any official of the Issuer to perform any
duty assigned to such official by the terms of this Resolu-
tion, any officer or employee of the Issuer authorized to act
for such official is hereby authorized and directed to do so.
Section 8. THE BOND IS A LIMITED OBLIGATION OF THE
ISSUER PAYABLE SOLELY FROM THE REVENUES OR FUNDS PLEDGED
THEREFOR UNDER THE LENDER LOAN AGREEMENT. THE BOND WILL NOT
BE PAYABLE FROM ANY OF THE ISSUER'S OTHER REVENUES OR
ASSETS. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF
THE ISSUER OR THE STATE OF MINNESOTA HAS BEEN PLEDGED TO THE
PAYMENT OF THE BOND. NEITHER THE STATE OF MINNESOTA NOR ANY
POLITICAL SUBDIVISION THEREOF SHALL IN ANY EVENT BE LIABLE
FOR THE PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, OR
INTEREST ON THE BOND OR FOR THE PERFORMANCE OF ANY PLEDGE,
OBLIGATION OR AGREEMENT OF ANY KIND WHATSOEVER OF THE ISSUER
AND NEITHER THE BOND NOR ANY OF THE ISSUER'S AGREEMENTS OR
OBLIGATIONS SHALL BE CONSTRUED AS AN INDEBTEDNESS OF OR A
PLEDGE OF THE FAITH AND CREDIT OF OR A LOAN OF THE CREDIT OF
ANY OF THE FOREGOING WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISIONS WHATSOEVER.
Section 9. That this Resolution does hereby incorporate
by reference as though fully set out herein the provisions of
the Act.
Section 10. No covenant, obligation or agreement herein
contained or contained in the Lender Loan Agreement, the
Regulatory Agreement, the Escrow Agreement or the Loan
Agreement or such other agreements, certificates, documents
or other papers executed in connection with the issuance of
the Bond shall be deemed to be a covenant, obligation or
agreement of any officer, member, agent or employee of the
Issuer in his individual capacity, and no such officer,
member, agent or employee of the Issuer shall be personally
liable on the Bond or be subject to personal liability or
accountability by reason of the issuance thereof.
Section 11. That the provisions of this Resolution are
hereby declared to be separable, and if any section, phrase
or provision shall for any reason be declared to be invalid,
such declaration shall not affect the validity of the
remainder of the sections, phrases or provisions.
-6-
9394m
Adopted by the City Council of The City of Eden Prairie,
Minnesota on this 15th day of December, 1987.
[SEAL]
Attest:
By
By Mayor
City Clerk
9394m
-7-
3 igt
CERTIFICATE OF CITY CLERK
I, the undersigned, being the duly appointed City Clerk
of The City of Eden Prairie, Minnesota, do hereby certify
that the foregoing Resolution was duly adopted at a regular
meeting of the Issuer held on December 15, 1987, which was
duly called. The foregoing Resolution was read once, and
upon the vote of the members, it was then adopted and
approved.
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of my office, this day of December, 1987.
City Clerk
-8-
9394m
S7- 333
RESOLUTION
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE INDEN-
TURE OF TRUST DATED DECEMBER 1, 1985 BY A SECOND
SUPPLEMENTAL INDENTURE OF TRUST DATED AS OF
DECEMBER 1, 1987 AND AUTHORIZATION OF A FIRST
AMENDMENT TO LOAN AGREEMENT DATED AS OF DECEMBER 1,
1987.
WHEREAS, the City of Eden Prairie (the "Issuer") is a
political subdivision duly organized and existing under the
laws of the State of Minnesota; and
WHEREAS, the Issuer is authorized by the provisions of
Minnesota Statutes, Chapter 462C (the "Act"), as amended, to
issue and sell its revenue bonds and to use the proceeds
thereof for the purpose of financing "multifamily housing
developments," including the Project (as defined in the
Indenture), all in accordance with the provisions of the Act;
and
WHEREAS, the Issuer entered into an Indenture of Trust
dated as of December 1, 1985 with First Trust Company, Inc.,
a trustee, securing its $64,060,000 Multifamily Housing Reve-
nue Bonds (Fountain Place Apartments Project) Series 1985, as
amended (the "Indenture"), and a Loan Agreement dated as of
December 1, 1985 (the "Loan Agreement") between the Issuer
and Fountain Place Apartments Limited Partnership (the
"Developer"); and
WHEREAS, it has become necessary to amend certain provi-
sions of the Indenture and the Loan Agreement; and
WHEREAS, such amendments are permitted by the provisions
of Article X and Article XI of the Indenture:
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDEN PRAIRIE, MINNESOTA, AS FOLLOWS:
Section 1. That in order to provide for the amendment
of certain provisions of the Indenture, a Second Supplemental
Indenture of Trust dated as of December 1, 1987 (the "Second
Supplemental Indenture") shall be entered into with the
Trustee.
Section 2. That in order to provide for the amendment
of the Loan Agreement, a First Amendment to Loan Agreement
dated as of December 1, 1987 (the "First Amendment") shall be
entered into with the Developer.
4292f/21
Section 3. That such Second Supplemental Indenture and
First Amendment are hereby authorized to be executed substan-
tially in the form attached hereto and the same are hereby
approved and authorized.
Section 4. That the Mayor and City Manager are hereby
authorized and directed to execute and to affix the seal of
the Issuer to, the Second Supplemental Indenture and the
First Amendment substantially in the forms presented before
this meeting with such changes as the Mayor, by the execution
thereof, approves.
Section 5. That the Mayor and City Manager are hereby
authorized to execute such other documents, certificates and
agreements which may be necessary in order to effectuate the
intent of this Resolution and the delivery of the Second
Supplemental Indenture and the First Amendment.
Section 6. That this Resolution shall be in full force
and effect immediately upon its passage and approval.
PASSED AND APPROVED THIS 15th day of December, 1987.
THE CITY OF EDEN PRAIRIE,
MINNESOTA
By
Attest:
By
City Clerk
Mayor
4292f/22
-2-
3,,101
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #87-324
RESOLUTION APPROVING THE PRELIMINARY PLAT OF SOUTHGATE FOR
WILLIAM SMITH
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Southgate for William Smith, dated October
7
7
,
1
9
8
7
,
consisting of 2.29 acres into single family residential, a copy of which
i
s
o
n
f
i
l
e
at the City Hall, is found to be in conformance with the provisions of t
h
e
E
d
e
n
Prairie Zoning and Platting ordinances, and amendments thereto, and
i
s
h
e
r
e
i
n
approved.
ADOPTED by the Eden Prairie City Council on the 15th day of December, 1
9 87.
Gary n. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
n••••••nn
PROPOSED SITE
AREA LOCATION MAP
STAFF REPORT
TO: Planning Commission
FROM: Donald R. Uram, Assistant Planner
TPRITUGH: Chris Enger, Director of Planning
DATE: November 20, 1987
PROJECT: Southgate Addition
LOCATION: North of St. Andrew Drive, west of Baker Road, east
o
f
P
r
a
i
r
i
e
V
i
e
w
Drive
APPLICANT: William Smith
FEE OWNER: John R. Smith
REQUEST: 1. Zoning District Change from R1-22 to R1-13.5 on 2.
3
a
c
r
e
s
.
2. Preliminary Plat of 2.3 acres into six single
f
a
m
i
l
y
l
o
t
s
a
n
d
road right-of-way.
Background
This site is currently designated on
the Eden Prairie Comprehensive Guide
Plan for development as Low Density
Residential. Surrounding land use
designations within this area
Include Low Density Residential to
the north, south, east, and west.
The proponent is requesting a zoning
district change from R1-22 to R1-
13.5 and the preliminary plat of 2.3
acres into six lots and road right-
of-way.
Site Plan/Preliminary Plat
The site plan depicts the division
of a 2.3-acre tract into six lots
and road right-of-way. The pro-
ponent is requesting the R1-13.5
zoning district in which all of the
lots meet the minimum requirements.
Lot sizes range from a minimum of
13,516 square feet to a maximum of
13,827 square feet. The average lot
size within the subdivision is
13,644 square feet.
Southgate Addition 2 November 20, 1987
Access to this site would be provided by a public street extension from St. Andrew
Drive. The proponent has submitted an overall layout for the development of the
adjacent properties which would include a total of 15 lots on approximately 4.2
acres.
Grading and Utilities
The site slopes in a southeasterly direction from the 890 contour elevation located
along the western property line to the 862 contour elevation located along the
eastern property line at the extension of the proposed street. Grading on-site
involves primarily the construction of building pads and the roadway extension.
Maximum cut on the site would range from approximately six feet in the northwest
corner to a maximum fill of approximately seven feet within Lot 1. There are a
number of trees located along the western property line, none of which are proposed
to be removed or are subject to tree replacement.
There is a 20-inch water line and an 8-inch sanitary sewer line located within St.
Andrew Drive with a proposed 6-inch water line and an 8-inch sanitary sewer line
extended within the public street. Storm water run-off is proposed to be collected
within a catch basin system and extended down the eastern property line. With the
development of the adjacent property, an overall storm sewer system must be
designed.
STAFF RECOMMENDATIONS
Staff would recommend approval of the request for a Zoning District Change from R1-
22 to R1-13.5 on 2.3 acres and the preliminary plat of 2.3 acres into six lots and
road right-of-way based upon plans dated November 17, 1987, subject to the
recommendations of the Staff Report dated November 20, 1987, and subject to the
following conditions:
1. Prior to Final Plat approval, proponent shall:
A. Submit detailed storm water run-off, dtility, and erosion control
plans for review by the City Engineer.
B. Submit detailed storm water run-off and erosion control plans for
review by the Watershed District.
2. Prior to Building permit issuance, proponent shall:
A. Pay the Cash Park Fee.
B. Notify the City and Watershed District at least 48 hours in advance
of grading.
3. Prior to the release of the Final Plat, the proponent shall enter into a
special assessment agreement with the City of Eden Prairie for the upgrading
of St. Anderew Drive.
320q
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 87-328
. RESOLUTION APPROVING 198y 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, 1989. No interest shall be charged if the entire
assessment is paid on or before November 15, 1988.
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 1989.
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.
ADOPTED BY THE Eden Prairie City Council on December 15, 1987.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Clerk
dS)S
EXHIBIT A
1987 SPECIAL ASSESSMENTS
PROJECT
1. I.C. 52-048B
Balance of Assessments Due
Against Lot 3, Block 2
LaVonne Industrial Park
Project Cost: $16,822.49
City Share: $ 0
Net Assessment: $16,822.49
3 Years at 11%
INT. 1993 1988
I.C.f PIDf RATE YEARS
$AMOUNT ($AMOUNT)
52-048B 03-116-22-22-0034 11 3
(16,822.49)
'QZ.ci(o
DECEMBER 15,1987
39150 CAPITOL CITY DISTRIBUTING 00
39151 CHI CHI RESTAURANT
39152 CHICAGO & NORTHWESTERN TRANSPORTA
39153 CITICORP INDUSTRIAL CREDIT
39154 EAGLE WINE CO
39155 GRIGGS COOPER & CO INC
39156 JASON -NORTHCO PROPERTIES LP1
39157 JOHNSON BROS WHOLESALE LIQUOR
39158 NSF
39159 ED PHILLIPS & SONS CO
39160 TOM POOTCN
39161 PRIOR WINE CO
39162 QUALITY WINE CO
39163 PRIOR WINE OD
39164 CAPITCL CITY DISTRIBUTING CO
39165 GRIGGS COOPER & CO INC
39166 JOHNSON BROS WHOLESALE LIQUOR
39167 NORTHWESTERN BELL
39168 ED PHILLIPS & SONS CO
39169 PRIOR WINE CO
39170 QUALITY WINE CO
39171 SPIRIT COACHES
39172 MARY KOTTKE
39173 SCOTT GERALD SCHRAM
39174 KENTUCKY FRIED CHICKEN
39175 ASSOCIATION OF METROPOLITAN
39176 AT&T COMMUNICATIONS
39177 AT&T OONSUMERJ PRODUCTS DIV
39178 AT&T INFORMATION SYSTEMS
39179 EXCELSIOR BAY YACHT CLUB
39180 FLEET FARM
39181 MCMC IDEA HOUSE
39182 NSP
39183 SUE VEDEEN
39184 TRIARCO ARTS & CRAFTS
39185 EXECUTIVE DIRECTOR - PERA
39186 OOMMISSIONER OF REVENUE
39187 FEDERAL RESERVE BANK
39188 GREAT WEST LIFE ASSURANCE
39189 ICMA RETIREMENT CORP
39190 UNITED WAY
39191 CITY-COUNTY CREDIT UNION
39192 PHYSICIANS HEALTH PLAN OF MN
39193 ATOM
39194 HOPKINS POSTMASTER
39195 LABOR RELATIONS INFORMATION SYTEM
39196 MN RECREATION & PARK ASSOC
39197 PHYSICIANS HEALTH PLAN OF MN
39198 AT&T
39199 AT&T COMMUNICATIONS
39200 AT&T CONSUMER PRODUCTS DIV
39201 MINNEGASCO
39202 NSF
9203 NORTHWESTERN BELL
WINE
GIFT CERTIFICATE - EMPLOYEE NEWSLETTER
UTILITY PERMIT FEE-VALLEY VIEW ROAD
DECEMBER '87 MAINTENANCE AGREEMENT
WINE
LIQUOR
DECEMBER '87 RENT
LIQUOR
SERVICE
LIQUOR
REFUND-RACQUETBALL LESSONS
WINE
WINE
WINE
WINE
LIQUOR
SERVICE
SERVICE
LIQUOR
WINE
WINE
ADULT PROGRAMS/FEES PAID
VOLLEYBALL/BAS10ETBALL OFFICIAL/FEES PAID
FIREMAN CALLS
EXPENSE-COUNCIL
EXPENSE-COUNCIL
SERVICE
SERVICE
GAS COMPUTER - EQUIPMENT MAINTENANCE
ADULT PROGRAMS/FEES PAID
-VACUUM CLEANER/AIR PUMP-SKATING-ROUND
LAKE PARK
ADULT PROGRAMS/FEES PAID
SERVICE
REFUND-SWIMMING LESSONS
SUPPLIES-COMMUNITY SERVICES
PAYROLL 11-27-87
PAYROLL 11-27-87
PAYROLL 11-27-87
PAYROLL 11-27-87
PAYROLL 11-27-87
PAYROLL 11-27-87
PAYROLL 11-27-87
PAYROLL 11-27-87
CONFERENCE-POLICE DEPT
POSTAGE - UTILITY BILLING
SUBSCRIPTION - POLICE DEPT
EXPENSE - COMMUNITY SERVICES
PAYROLL 11/27/87
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
92.75
25.00
180.00
656.81
629.11
2836.77
5419.30
10532.65
14260.65
8607.89
26.00
368.92
2317.24
369.08
310.84
3661.61
3475.38
90.58
1855.45
321.95
996.04
100.00
45.00
863.00
46.16
17.00
84.72
27.90
252.00
261.33
149.94
155.00
12663.17
1.75.
42.08
22712.50
11584.88
43117.31
4434.00
1008.48
158.88
927.00
16366.04
25.00
527.66
29.75
14.00
16286.25
998.65
17.36
48.80
3693.44
1899.24
1551.43
197 14 374
1
DECEMBER 15,1987
39204 SUPPLEE'S 7 HI ENTERPRISES INC
39205 DAYSTAR BUILDERS
39206 STATE OF MINNESOTA
39207 NORTH SHORE BRASS
39208 GRIGGS COOPER & CO INC
39209 JOHNSON BROS WHOLESALE LIQUOR
39210 PAUSTIS & SONS CO
39211 ED PHILLIPS & SONS CO
39212 QUALITY WINE CO
39213 JAQCNOB
39214 VOID OUT CHECK
39215 JACKNOB
39216 ARROWHEAD FIREWORKS
39217 BEER WHCLESALERS INC
39218 COCA COLA BOTTLING CO
39219 DAY DISTRIBUTING CO
39220 EAST SIDE BEVERAGE CO
39221 GUARANTEE MUTUAL LIFE COMPANY
39222 JAKE JORDAN
39223 KEMPS CLOVER LEAF
39224 KIRSCH DISTRIBUTING CO
39225 MARK VII DISTRIBUTING CO
39226 MCGLYNN BAKERIES INC
39227 MENARD LUMBER
39228 MUTUAL BENEFIT LIFE
39229 PEPSI COLA/SEVEN UP BOTTLING CO
39230 ROYAL CROWN BEVERAGE CO
39231 THORPE DISTRIBUTING CO
39232 TOTAL ENTERTAINMENT
39233 HENNEPIN TECHNICAL INSTITUTE
39234 MEDCENTERS HEALTH PLAN
39235 BARBAROSSA & SONS INC
39236 BROWN & CRIS INC
39237 BROWN & CRIS INC
39238 MAX JOHNSON TRUCKING
39239 RICHARD KNUTSON INC
39240 NODLAND CONSTRUCTION CO
39241 NODLAND CONSTRUCTION CO
39242 NORTHDALE CONSTRUCTION CO INC
39243 RICE LAKE CONTRACTING
39244 SHAW LUNDQUIST ASSOC INC
39245 ACE CHEMICAL PRODUCTS INC
39246 ACRO MINNESOTA INC
39247 KURT ALBERS
39248
39249 ALPHA VIDEO & AUDIO
39250 AMERICAN LINEN SUPPLY CO
39251 AMERICAN DISTRICT TELEGRAPH CO
39252 AMERICAN NATIONAL BANK
83508523
DECEMBER '87 RENT
CONTRACTED SERVICE - HOMEWARD HILLS PARK
BIKE REGISTRATIONS
-WAGES CONTRACTED-HISTORICAL & CULTURAL
COMMISSION
LIQUOR
LIQUOR
WINE
LIQUOR
LIQUOR
LATCH - PUBLIC SAFETY BUILDING
LATCH-PUBLIC SAFETY DEPT
FIREWORKS-HOLIDAY SALUTE-COMMUNITY CENTER
BEER
MIX
BEER
BEER
DECEMBER '87 LIFE INSURANCE
-CLYDESDALE RIDES-HOLIDAY SALUTE-COMMUNITY
CENTER
-SUPPLIES-HOLIDAY SALUTE-ROUND LAKE
CONCESSIONS
BEER
BEER
-MERCHANDISE FOR RESALE-ROUND LAKE
CONCESSIONS
PLASTIC TARPS-HOLIDAY SALUTE-COMMUNITY CYR
NOVEMBER 'By & DECEMBER '87 DISABILITY
INSURANCE
MIX
BEER
BEER
BAND-HOLIDAY SALUTE-COMMUNITY CENTER
SENIOR PRCGRAMS/FEES PAID
DECEMBER '87 HEALTH INSURANCE
SERVICE-WATER TREATMENT PLANT ADDITION
SERVICE-SUNNYBRCOK ROAD/NEMEC KNOLLS
SERVICE-BENNETT PLACE & BLOSSUM ROAD
SERVICE-1987 LIME SLUEGE RF-143VAL
SERVICE-OLD SHADY OAK & ROWLAND ROAD
SERVICE-HIDDEN GLEN THIRD ADDITION
SERVICE-WYNDHAM KNOLL
-SERVICE-PRAIRIE VIEW DRIVE & ST ANDREW
DRIVE
SERVICE-HOMEWARD HILLS ROAD
SERVICE-WATER TREATMENT PLANT ADDITION
CLEANING SUPPLIES - EQUIPMENT MAINTENANCE
SUPPLIES - CITY HALL
OVERPAYMENT-SPECIAL ASSESSMENTS
EQUIPMETr REPAIR-POLICE DEPT
SUPPLIES - LIQUOR STORE
SERVICE
BOND PAYMENTS
5245.33
2538.00
100.00
450.00
13619.97
12458.78
133.44
8634.47
7671.77
12.83
0.00
12.83
1000.00
3613.30
390.80
3631.21
8842.15
2078.61
350.00
43.20
34.60
15368.51
80.44
43.78
4164.37
500.00
141.60
12628.61
300.00
472.50
9150.10 ,
87525.40
6928.55
101836.31
68250.00
2972.83
1550.40
7687.88
32635.90
20996.40
128831.70
185.70
1288.19
267.70
0.00
51.45
9.01
258.00
260098.61
SUPPLIES - WATER DEPT
SIGNS/PLEXIGLAS-STREET DEPT/PARK DEPT
-VALVE/AIR HOSE/CUSHION/CYLINDER/AXLE
-SHAFT/BRACKET/STRAP/HANDLE/PIN/NUT-
EQUIPMENT MAINTENANCE
-SERVICE-COLUMBINE ROAD FEASIBILITY/VALLEY
-VIEW ROAD TO COUNTY ROAD 4/ANDERSON LAKES
-PARKWAY-169 TO MITCHELL ROAD/DELL ROAD/
EVENER WAY FEASIBILITY/TRAFFIC STUDY
-SIGNAL LAMP/MIRROR HEAD/BULBS/LAMPS/
-FLASHERS/MUFFLER CLAEIPS/BATTERY/TERMO-
STATS/WIRE -EQUIPMENT MAINTENANCE
SERVICE
SERVICE-WATER TREATMENT PLANT ADDITION
-STEEL-PUBLIC WORKS & PARK BUILDING/PARK
MAINTENANCE
-LOCKS/KEYS/RE-KEY LOCK CYLINDER-POLICE
DEPT/CITY HALL/WATER DEPT
-ANIMAL IMPOUND SERVICE-JULY AUGUST
OCTOBER '87
BASKETBALL OFFICIAL/FEES PAID
TUBES/CLAMP-SEWER TRUCK-SEWER DEPT
SUPPLIES- CITY HALL
SERVICE-SUNNYBROOK & NEMEC HILLS
-SAW/CHIPPING BULL/CHIPPING CHISEL-SEWER
DEPT/STREET MAINTENANCE
TOWELS-EQUIPMENT MAINTENANCE
RACQUETBALL INSTRUCTOR/FEES PAID
EQUIPMENT REPAIR-PARK MAINTENANCE
ROCK-PARK MAINTENANCE/STREET MAINTENANCE
DESK/PEDESTAL-HUMAN RESOURCES
SALT-SNOW & ICE CONTROL
EXPENSES-POLICE DEPT
-EOLT/NUT/YCKE/PIN/PIPE PLUG/GASKET-
EQUIPMENT MAINTENANCE
CONFERENCE-COMMUNITY SERVICES
-DRUM/SEALS/WHEEL CYLINDER/BRAKE SHOE/
BEARINGS/EQUIPMENT MAINTENANCE
-THERMOCOUPLE& FUSE/END CAPS/MOTOR-
PUBLIC SAFETY BUILDING
SERVICE-EDENVALE BLVD
SUBSCRIPTION-CITY MANAGER
-STRIPING/HANDICAP & CROSSWALK SIGNS-
PARK MAINTENANCE
NOVEMBER '87 FUEL TAX
MANUALS-ENGINEERING DEPT
-10 ROLLS EXCELSIOR BLANKET/STAPLES-
JULY STORM DAMAGE
-SUPPLIES/PRINTING-CITY HALL/ENGINEERING
DEPT/PLANNING DEPT/PARK DEPT
EXPENSES-POLICE DEPT
NAMEPLATES-FINANCE DEPT
-RINGS/CONNECTOR ACCESSORIES/UNION FITTING
-CONNECTORS/DRILL BITS/KEY ASSEMBLY/KEYS/
-PIN COTTER/PINS/NUTS/SCREWS-EQUIPMENT
MAINTENANCE
DECEMBER 15,1987
39253 AMERICAN WATER WORKS ASSOCIATION
39254 EARL F ANDERSEN & ASSOC INC
39255 ASTLEFORD INIL INC
39256 ERW INC
39257 BATTERY & TIRE WAREHOUSE INC
39258 BERRY COFFEE COMPANY
39259 BLACK& VEATCH
39260 SAM BLOOM IRON & METAL CO INC
39261 BLOOMING LOCK & SAFE CO
39262 CITY OF BLOOMINGTON
39263 RICK BOLONCHUIC
39264 BOYUM EQUIPMENT INC
39265 BRADY OFFICEWARE INC
39266 BRAUN ENGINEERING TESTING INC
39267 BROCK WHITE CO
39268 BR) TEC INC
39269 ANDREA BROSCH
39270 BRUNSON INSTRUMENT CO
39271 BRYAN ROCK PRODUCTS INC
39272 BUSINESS FURNITURE INC
39273 CARGILL SALT DIVISION
39274 DAN CARLSON
39275 CARLSONS LAKE STATE EQUIP CO
39276 MICHAEL D NORMAN & ASSOC
39277 CATCO PARTS SERVICE
39278 CEITIRAIRE INC
39279 C & N W TRANSP CO
39280 CITY BUSINESS
39281 CLEAN SWEEP INC
39282 COMMISSIONER OF REVENUE
39283 COMMISSIONER OF TRANSPORTATION
39284 CONSTRUCTION FABRICS INC
39285 COPY EQUIPMENT INC
39286 DEAN CORDER
39287 CROWN MARKING INC
39288 CURTIS INDUSTRIES INC
24.13
287.16
775.59
21910.53
413.06
403.60
12234.42
44.25
281.98
1605.00
80.00
918.83
91.22
371.30
936.00
272.50
72.50
25.00
559.15
809.50
5428.78
40.00
474.87
695.01
483.56
335.99
4462.18
20.00
1226.23
351.73
70.00
439.75
256.48
35.00
31.49
573.40
5704018
39289 CUSTOM FIRE APPARATUS INC
39290 CUTLER-MAGNER COMPANY
39291 WARD F DAHLBERG
39292 DALCO
39293 CRAIG W DAWSON
39294 LORI DAY
39295 DECORATIVE DESIGNS
39296 DIXIE PETRO-CHEM INC
39297 EUGENE DIETZ
39298 DCN EVE & SONS
39299 DRISKILLS SUPER VALU
39300 EARLS ART & DRAFTING SUPPLIES
39301 EDEN PRAIRIE CHAMBER OF COMMERCE
39302 EDEN PRAIRIE TRASHTRONICS
39303 EDENVALE GOLF COURSE INC
39304 EL mc
39305 ELLCO INDUSTRIES INC
39306 ELVIN SAFETY SUPPLY INC
39307 EMHART
39308 EPPIC MINISTRIES
39309 RON ESS
39310 FLAHERTY'S HAPPY TYME CO
39311 ROGER FLYER
, 39312 FUNK HANECY DISTRIBUTORS INC
1 39313 FOUR STAR BAR & RESTAURANT SUPPLY
39314 G & K SERVICES
39315 GARDNER HARDWARE CO
39316 DARRELL GEDNEY
39317 GENERAL COMMUNICATIONS INC
39318 GENZ RYAN
39319 GELCO CORPORATION
39320 JEANETTE GILLIS
39321 JOE GLEASON
39322 GME CONSULTANTS INC
-MODIFICATIONS TO SUTPHEN AERIAL-300 GAL
-TANK & VALVES/REPAINT CAB/RELOCATE
-LIGHTS/RELETTER CAB & BOOM/AIR TANK-
FIRE DEPT
QUICKLIME-WATER DEPT
EXPENSES-LIQUOR STORE
-CLEANING SUPPLIES-WATER DEPT/PUBLIC
SAFETY BUILDING
MILEAGE
SUPPLIES-EMPLOYEE NEWSLETTER
SERVICE-DECEMBER '87
CHLORINE-WATER DEPT
NOVEMBER '87 EXPENSES
SERVICE-JULY STORM DAMAGE
-EXPENSES-CITY HALL/POLICE
SERVICES
SUPPLIES-PLANNING DEPT
EXPENSES-COUNCIL
NOVEMBER '87 TRASH DISPOSAL
EXPENSES-RESIDENTS ADVISORY COMMITTEE
REFUND-WATER METER DEPOSIT
MEZZANINE-EQUIPMENT MAINTENANCE
-SAFETY SUPPLIES-WATER DEPT/HIP BCOTS-
STREET MAINTENANCE
SLIDE PROGRAM-POLICE DEPT
SERVICE-COMMUNITY SERVICES
HOCKEY OFFICIAL/FEES PAID
SUPPLIES-LIQUOR STORE
SERVICE/SUPPLIES-COMMUNITY SERVICES
FLOOR COVERINGS-PCLICE DEPT
SUPPLIES-LIQUOR STORE
-TOWELS/COVERALLS-WATER DEFT/PARK DEPT/
LIQUOR STORE
-HINGES/LOCKS/CLOSERS-PUBLIC WORKS BLDG
GOGGLES/STREET MAINTENANCE
HOCKEY OFFICIAL/FEES PAID
-RADIO REPAIR-PCLICE DEPT/EQUIPMENT
MAINTENANCE
REFUND-OVERPAYMENT PLUMBING PERMIT
REFUND-OVERPAYMENT LEAGUE FEE
KIDS KORNER INSTRUCTOR/FEES PAID
HOCKEY & FOOTBALL OFFICIAL/FEES PAID
-SERVICE-HIDDEN GLEN THIRD ADDITIOW
PRAIRE VIEW DRIVE
4 TIRES-EQUIPMENT MAINTENANCE
NOVEMBER '87 EXPENSES
WINTERIZE LAWN SPRINKLER-FIRE DEPT
OCTOBER '87 CONSULTING SERVICE
-SUPPLIES/FILE CABINETS-POLICE DEPT/FIRE
DEPT
-REPAIR-ROUND LAKE PARK HOCKEY RINK/WIRE
BARN-HOMEWARD HILLS PARK
LAB SUPPLIES-WATER DEPT
REFUND-BLDG PERMIT
12310.00
1675.13
80.00
134.62
18.04
36.00
450.00
184.00
292.65
2995.00
244.93
25.00
50.00
139.00
101.40
60.99
53.00
456.69
337.95
444.40
40.00 ,
492.24'
511.00
55.00
297.00
257.50
1241.20
189.12
165.00
71.00
840.00
836.92
9381.97
124.03
300 .00
39323 GOODYEAR TRUCK TIRE CENTERS
39324 ALAN GRAY
39325 GREENKEEPER INC
39326 MICHAEL GROH
39327 GROSS OFFICE SUPPLY
39328 GUNNAR ELECTRIC CO INC
39329 HACH CO
39330 GENE HANSEN
20.00
26.22
49.50
816.00
170.50
200.00
DEPT/COMMUNITY 86.98
3580298
DECEMBER 15,1987
39331 HANsEN THoRp PELLINEN cLsoN INC
39332 RoGER HAWKINSoN
39333 HEWN CTY-SHERIFFS DEPT
39334 HENNEFIN couNTy TREASURER
39335 HENNEPIN COUNTY TREASURER
39336 HONEYWELL INC BsD
39337 MICHAEL HosTETLER
39338 HUNIN RESOURCES ENTERPRISES
39339 HYmAN FREIGHTwAYS INC
39340 KURT HysTER
39341 INDEPENDENT SCHOOL DIST #272
39342 INDUSTRIAL LIGHTING sum INC
39343 INIL OFFICE SYSTEMS INC
39344 INTERNATIONAL sociEry OF
39345 J & R RADIATOR CORP
39346 Jm OFFICE PRODUCTS INC
39347 WANE JOHNSON
39348 KEYS WELL DRILLING CO
39349 Koss PAINT & WALLPAPER INC
39350 MARY KoTIKE
39351 DALE LACHERMEIER
39352 ROBERT LAMBERT
39353 LANCE
39354 LANG PAuLy & GREGERSON LTD
39355 LEAGUE OF MN CITIES
39356 LEFEVERE LEFLER KENNEDY
39357 L LEHMAN & ASSOCIATES INC
39358 F B LEopoLD COMPANY INC
39359 LONG LAKE FORD TRACTOR
39360 LYNDALE GARDEN CENTER
39361 MACQuEEN EQUipmENT INC
39362 MIKE MARUSEEN
39363 METROPOLITAN AREA MANAGEMENT
39364 METROPOLITAN AREA MANAGEMENT
39365 mAsys CORPORATION
39366 TIM MCGovERN
39367 mcKAy FLOOR COVERING
39368 MCGLYNN BAKERIES INC
39369 MCGLYNN BAKERIES INC
39370 METHODIST HOSPITAL
( 19371 METRO FoNE comm INC
39372 METRO PRINTING INC
5629045
-BLUFFs WEST VICINITY STORM SEWER/BLUFFS 10047.06
-EAST FOURTH ADDITION/suNNyBRooK ROAD/
-INTERNATIONAL SCHOOL MAIN/NEmEc
-KNOLLS/PIONEER TRAIL & COUNTY ROAD 18/
-E)EN LAKE PARK/WILLOW PARK/HOMEWARD HILLS
PARK
BASKETBALL OFFICIAL/FEES PAID
OCTOBER '87 BOOKING
OCTOBER '87 WARD OF PRISONERS
SERVICE-PLANNING DEFT
EQUIPMENT REPAIR-WATER DEPT
HocKEy OFFICIAL/FEES PAID
SERVICE-HUMAN RESOURCES AUDIT
SERVICE-ENGINEERING DEFT
HOCKEY OFFICIAL/FEES PAID
-OCTOBER '87 CUSTODIAL SERVICE-WATER
-TREATMENT PLANT/GYM RENTAL-COMMUNITY
SERVICES
SUPPLIES-WATER DEFT 44.16
-SERVICE/TONER-POLICE DEPT/RIBBONS/ 449.10
LIFT-OFF TAPE-WATER DEPT
DUES-FIRE DEPT
30.00
EQUIPMENT REPAIR-EQUIPMENT MAINTENANCE
28.50
SUPPLIES-WATER DEPT/SEWER DEPT
100.93
FIREMAN CALLS
435.00
-EQUIPMENT REPAIR/BEARINGS/SEAL KIT-WATER 3454.40
DEPT
PAINT-PARK MAINTENANCE
59.52
-VOLLEYBALL OFFICIAL/BASKETBALL OFFICIAL/ 50.00
FEES PAID
AUTO POLISH-WATER DEFT 48.00
NOVEMBER '87 ExPENSES/DUE3 264.00
SUPPLIES-LIQUOR STORE 48.80
AUGUST '87 LEGAL SERVICE 17923.75 HANDBOOK FOR mN CITIES - CITY HALL 240.00
SEPTEMBER '87 & OCTOBER '87 LEGAL SERVICE 1693.11
OCTOBER '87 LEGAL sERvicE 7318.36
RUBBER CAPS-WATER TREATMENT PLANT 182.20
-POINTS/BELT/SHARK/POWER STEERING KIT- 206.89
EQUIPMENT MAINTENANCE/PARK MAINTENANCE
SUPPLIES - CITY HALL 181.19
6 UNDER BODY sHoEs-EQuIPMENT MAINTENANCE 504.00
AIR SCRAPPER/GAUGE HEAD/PRY BAR-WATER DEPT 135.40
EXPENsE-CITY MANAGER
-COMPARABLE WORTH MAINTENANCE-HUMAN
RESOURCES
-DECEMBER '87 compuTER MAINTENANCE&
SUPPORT-POLICE DEPT
HOCKEY OFFICIAL/FEES PAID
CARPETING-FIRE DEFT
ECPENSES-FIRE DEPT
ExpENSES-CITY HALL & POLICE DEFT
copY OF INJURY REPORT •PCLICE DEPT
DECEMBER '87 PAGER SERVICE
FORMS-POLICE DEPT
70.00
718.5C
1288.68
183.uk,
121.38
40.0c .
3600.00
88.50
66.00
967.25
9.50
200.00
1050.00
66.00
3698.0C
130.38
59.39
10.0C
10.5C
469.0C
?),j1 0
DECEMBER 15,1987
39373 METRO SYSTEMS FURNITURE 2 CHAIRS-ASSESSING DEPT
39374 METROPOLITAN FIRE EQUIP 00 -8 FIRE EXTINQUISHERS/O RING ASSEMBLY/
MAINTENANCE-FIRE DEPT
39375 METROPOLITAN SR FEDERATION DUES - SENIOR CENTER
39376 MIDAS SERVICE CENTER MUFFLER-FIRE DEPT
39377 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE
39378 MILER/DAVIS CO 1099 FORMS-FINANCE DEPT
39379 MARION MILLER KIDS KORNER INSTRUCTOR/FEES PAID
39380 SAM MILLER BAG COMPANY SAND BAGS-DRAINAGE CONTROL
39381 MINNESOTA BLUEPRINT -WALL LAMP BRACKETS-POLICE DEPT/BLUE-LINE
PRINTS-PLANNING DEPT
39382 MINNESOTA CELLULAR TELEPHONE CO SERVICE
39383 MINNESOTA COMMUNICATIONS CORP -NOVEMBER '87 & DECEMBER '87 PAGER RENTAL-
POLICE DEPT/FIRE DEPT
39384 MINNESOTA CONWAY FIRE & SAFETY -4 FIRE PANTS-$556.00/2 HELMET STRAPS-
$24.06/6 FIRE COATS-$1032.00-FIRE DEPT
39385 MINNESOTA DEPT OF PUBLIC SAFETY LICENSE FEE-LIQUOR STORE
39386 MINNESOTA SUBURBAN NEWSPAPERS INC -EMPLOYMENT ADS-COMMUNITY CENTER/
ADVERTISING-LIQUOR STORE
39387 MINNESOTA WANNER CO CAR WASH SPRAYER-FIRE & PUBLIC SAFETY BLDG
39388 MITCHELL -TUNE UP KIT/CHASSIS ENGINE-EQUIPMENT
MAINTENANCE
39389 MOTOROLA INC RADIO REPAIR-POLICE DEPT/FIRE DEPT
39390 MY CHEESE SHOP SUPPLIES - FIRE DEPT
39391 BETH NILSSON SKATING INSTRUCTOR/FEES PAID
39392 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-CITY HALL
39393 NATIONAL CAMERA EXCHANGE CAMERA-ASSESSING DEPT
39394 NATIONAL aiEMSEARCH CLEANING SUPPLIES - WATER DEPT
39395 NATIONAL CITY BANK OF MKS BOND PAYMENT
39396 NATIONAL FIRE PROTECTION ASSOC DUES- FIRE DEPT
39397 NORTH STAR ABSTRACT -REFUND-DUPLICATE PAYMENT ON SPECIAL
ASSESSMENTS
39398 NORTHLAND BUSINESS COMM SYSTEMS EQUIPMENT REPAIR-POLICE DEPT
39399 NORWEST BANK MPLS NA BOND PAYMENT
39400 KATHLEE O'CONNOR SUPPLIES - FIRE DEPT
39401 ROD OLSON REFUND-OVERPAYMENT ON UTILITY BILL
39402 ORKIN EXTERMINATING CO INC SERVICE
39403 PAGENET PAGER SERVICE-POLICE DEPT
39404 RICHARD E PALMER BASKETBALL OFFICIAL/FEES PAID
39405 PEPSI/7-UP BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER
39406 CATHY PERIA MILEAGE
39407 PET CREMATION SERVICE SERVICE-ANIMAL CONTROL
39408 PETTY CASH - PUBLIC SAFETY EXPENSES-POLICE DEPT
39409 PHOTOS INC FILM PROCESSING-PLANNING DEPT
39410 THE PINK COMPANIES CLEANING SUPPLIES-PUBLIC SAFETY BUILDING
39411 PITNEY BOWES TONER-COMMUNITY CENTER
39412 PLYMOUTH PLUMBING INC REFUND-BUILDING PERMIT
39413 POMMER MFG CO INC TROPHIES & VOLLEYBALL-ORGANIZED ATHLETICS
39414 POWER BRAKE EQUIPMENT CO -CLAMPS/SNOWPLOW LAMPS/EVACUATOR/ALARMS/
WATER HEATER-EQUIPMENT MAINTENANCE
39415 PRAIRIE HARDWARE BOLTS/WASHERS/CHAIN/VELCRO/TAPE-CITY HALL
39416 PRAIRIE HARDWARE -SPRAY BOTTLES/GARBAGE CANS/SCREWS/
-BRUSHES/KEYS/VALVES/STOVE PIPE/DUCT TAPE/
-PEGBOARD HOOKS/ELECTRICAL TAPE/TEFLON
TAPE/RAKE/SCRAPERS/HOSE CLAMPS/THROTTLE
256.07 .
127.70 :
35.00
89.02
1343.26
40.00 .
297.00 .
350.00
124.89
225.26
350.66
1612.00 .
12.00
534.06
30.79
280.00
551.66
20.51
2584.34
58.92
279.00
176.81 ,
128681.00
247.50
267.70
71.56
597689.46.
30.00
24.00
402.00 •
19.80
42.00
107.50
16.63
10.00 '
27.99
34.00
135.03
227.40
96.50
362.00
871.24
9.92
256.99
73900917
DECEMBER 15,1987
39417 PRAIRIE HARDWARE -TUBES/NUTS/WIRE/PAINT ROLLERS/STAPLES/ 143.88
-CONTROL/CABLE/LACQUER THINNER/V-BELT/
BROOM HANDLE/BATTERIES-COMMUNITY CENTER
39418 PRAIRIE HARDWARE -NAILS/SPRAY PAINT/DRILL BITS/GLUE/ 366.06
-SILICONE/WEATHER STRIPPING/CEMENT/
-WRENCHING BAR/SPRAYERS/KEYS/CONDUIT CLIPS/
-SPARK PLUGS/REDUCERS/CAPS/LETTERS/CHAIN/
CASTER WHEELS-STREET DEPT
39419 PRAIRIE HARDWARE -SPONGES/HOSF.S/METALFILES/BATTEFIIES/FLASH 123.44
-LIGHT/PAINT BRUSHES/RUBBER GLOVES/
ELECTRIC PLUG/REDUCERS-WATER DEPT
39420 PRIOR LAKE AGGREGATE INC SAND-STREET MAINTENANCE 1236.96
39421 AAGE REFFSGAARD PLUMBER & GAS FITTER LICENSE-BLDG DEPT 12.00
39422 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-ROWLAND RD FEASIBILITY/TECHNOLCGY 46353.30
-DRIVE/PRAIRIE VIEW DRIVE/HIDDEN GLEN
-THIRD ADDITION/WYNDHAM KNOLL/SHADY OAK
-RIDGE/GOLDEN TRIANGLE DRIVEJELOSSUM
ROM)WAY/BENNETT PLACE/WYNDHAM CREST
39423 ROAD MACHINERY & SUPPLIES CO SEAL/SHAFT-EQUIPMENT MAINTENANCE 120.23
39424 ROLLINS OIL CO FUEL -EQUIPMENT MAINTENANCE 6140.00
39425 RODNEY W RUE DUES-ENGINEERING DEPT 85.00
39426 SAVOIE SUPPLY CO INC DEGREASER-EQUIPMENT MAINTENANCE 411.50
39427 PAT SCHISSEL BASKETBALL OFFICIAL/FEES PAID 45.00
39428 KEVIN SCHMIEG OCTOBER '87 EXPENSES 165.00
39429 RICK SCHOEN HOCKEY OFFICIAL/FEES PAID 20.00
39430 SEARS ROEBUCK & CO -COVERALLS/GRIND WHEEL-PARK MAINTENANCE/ 989.50
-MICROWAVE OVEN & REFRIGERATER-WATER
-PLANT ADDITION/CALCULATOR-ASSESSING DEPT/
VESTS-WATER DEPT
39431 STEVEN R SINELL NOVEMBER '87 EXPENSES 379.37
39432 W GORDON SMITH CO -FWMJCLEANING SUPPLIES/OIL SEAL/PAD SET- 409.30
-EQUIPMENT MAINTENANCE/WATER DEPT/
POLICE DEPT
39433 SNYDER DRUG STORES INC SUPPLIES-COMMUNITY CENTER/SENIOR CENTER 27.0;
39434 SOLV OIL SERVICE & SUPPLY INC WASTE DISPOSAL-EQUIPMENT MAINTENANCE 100.00
39435 SOUTHWEST SUBURBAN CABLE COMMISSI FIRST QUARTER '88 OPERATING EXPENSES 2655.63
39436 SOUTHWEST SUBURBAN PUBLISH INC -EMPLOYMENT ADS-POLICE DEPT/ADVERTISING- 402.40
LIQUOR STORE
39437 SPECIALTY SCREENING PLAQUE-FIRE DEPT 42.00
39438 STREICHERS PROFESSIONAL POLICE EQ -B=GUARD PARTITION/FLASHLIGHTS-POLICE 1422.87
-DEPT/LIGHTBAR/ROOF MOUNT/STROBE LIGHTS/
-SPEAKER/CROSSFIRE LIGHT BAR & MOUNT-
FIRE DEPT
39439 SUBURBAN CHEVROLET -RINGS/LAMP ASSEMBLY/DISTRIBUTOR/STRAP/ 255.37
HINGE/VALVE/PIPE-EQUIPMENT MAINTENANCE
39440 SUPERIOR FORD INC 1 TON TRUCK-FIRE DEPT 14196.0C
39441 SULLIVANS SERVICES INC SERVICE-PARK MAINTENANCE 151.5C
39442 TOTAL TOOL PAINT-WATER DEPT 116.6f
39443 TRESTMAN MUSIC CENTERS SHEET MUSIC-COMMUNITY SERVICES 61.20
39444 TRI STATE PUMP & CONTROL PUMP MONITOR-PUBLIC WORKS 162.45
39445 TURNOUIST PAPER CO CLEANING SUPPLIES-PUBLIC SAFETY BUILDING 795.10
39446 TWIN CITY OXYGEN CO -CARBON DIOXIDE/CYLINDER CAP-PARK 3o.85.
MAINTENANCE
39447 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 271.61
39448 UNITED FIREFIGHTERS ASSOCIATION DUES-POLICE DEPT 25.0C
7771618
U0) r
DECEMBER 15,1987
39449 U S WEST CELLULAR INC
39450 UNITOG RENTAL SERVICES
39451 LARISSA L UZZELL
39452 VALLEY INDUSTRIAL PROPANE INC
39453 VAUGHNS INC
39454 VESSCO INC
39455 VIM INC
39456 KARI WAHL
39457 WASHINGTOI CAPITAL NEWS
39458 WATER PRODUCTS CO
39459
39460
39461
39462
LYNNETTE WEISGRAM
WILSON TANNER GRAPHICS
THE WINE SPECTATOR
YOUNGSTEDTS INC
39463 ZACK'S INC
39464
39465
39466
39467
ZEE MEDICAL SERVICE
ZIEGLER INC
VOID OUT CHECK
ADMIRAL WASTE MGM' INC.
38848 VOID OUT CHECK
38965 VOID OUT CHECK
39041 VOID OUT CHECK
39074 VOID OUT CHECK
39161 VOID CUT CHECK
39192 VOID OUT CHECK
39213 VOID OUT CHECK
39248 VOID OUT CHECK
-3588664
VOLLEYBALL OFFICIAL/FEES PAID
SERVICE
UNIFORMS FOR CITY EMPLOYEES
1500.3c
131.9a
60.oc
223.65 GAS CYLINDERS-COMMUNITY CENTER
13.35 FLAG REPAIR-PUBLIC SAFETY BUILDING
CHEMICAL FEEDER REPAIRS-WATER DEPT
208.81 TELEPHONE WIRE REPAIRS-PUBLIC WORKS DEPT
5.25
MILEAGE
43.4:!
12.0C SUBSCRIPTION-FIRE DEPT
-12 5/8 CHAMBER 00UPLINGS-$367.20/METER
1079.2C SEALS/48 5/8-2" 100 GAL REMOTES-$672.00
VOLLEYBALL OFFICIAL/FEES PAID
40.0C
ENVELOPES- CITY HALL
950.00 SUBSCRIPTION-LIQUOR STORE
35.0C
-WHEEL ALIGNMENT/TIRE REPAIR-EQUIPMENT
105.85 MAINTENANCE/WATER DEPT
-CLEANING SUPPLIES/TIRE CHAINS-EQUIPMENT 858.02 MAINTENANCE
42.30 FIRST AID SUPPLIES-CITY HALL
SUMP PUMP REPAIRS-EQUIPMENT MAINTENANCE
1349.77
0.00 -NOVEMBER '87 TRASH DISPOSAL-PUBLIC SAFETY 56.75
DEPT
24.00
833.00
48.00
24950.00
368.92
16366.04
12.83
0.00
$1962201.29
DISTRIBUTIONS BY FUND
242146.91
28847.70
79904.82
56675.91
-9641.55
251400.92
289967.84
224681.17
696501.23
9026.75
83767.23
668.60
8253.76
10 GENERAL
11 CERTIFICATE OF INDEBT
15 LIQUOR STORE-P V M
17 LIQUOR STORE-PRESERVE
31 PARK ACQUIST & DEVELOP
33 UTILITY BOND FUND
44 UTILITY DEW FUND
51 DIPROVEMENT CONST FD
52 IMPROVEMENT DEEC FUND
57 ROAD MOVEMENT CONST FD
73 WATER FUND
77 SEWER FUND
81 TRUST & ESCROW FUND
$1962201.29
• 0C1 n .)
MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl Jullie, City Manager
FROM: Roger A. Pauly and Diana P. Massie, City Attorneys
DATE: October 20, 1987
RE: Proposed False Alarm Ordinance
The Department of Public Safety has asked us to draft an
ordinance regulating false fire, burglar, robbery and safety
alarms and establishing a fee for excessive false alarms.
Attached is the proposed Ordinance which has previously
been reviewed and recommended by Keith Wall, Ron Johnson and
Les Bridger.
Also attached is a copy of a letter from Les Bridger
outlining the fee schedules used by several other
municipalities with false alarm ordinances.
It should be noted that the false alarm fee has not been
included in the proposed ordinance. The proposed oi -ainance states only that after three false alarms per calendar year a
fee shall be charged as set by resolution of the council.
Once the fee has been decided upon by the City Council, it
should be adopted by resolution for inclusion in the
comprehensive fee resolution which the City uses for adopting
similar fees. It is our understanding that the Department of
Public Safety recommends a graduated fee schedule (such as
the one used by St. Louis Park), however, that department may
wish to contact you directly regarding the specific fee
schedule, which they would recommend.
CC: Keith Wall
Ron Johnson
Les Bridger
ORDINANCE NO. (4,2 -fl
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 9, BY ADDING THERETO A NEW SECTION 9.10, WHICH
REGULATES THE USE OF FIRE, ROBBERY AND SAFETY ALARMS AND
ESTABLISHES A FEE FOR FALSE ALARMS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Eden Prairie City Code Chapter 9, shall be and is
amended by adding new Section 9.10 which reads as follows:
Section 9.10 FIRE, BURGLAR, ROBBERY AND SAFETY ALARMS
Subd.l. Purpose. The purpose of this ordinance is to pro-
tect the public safety services of the City from misuse and to
provide for the maximum possible service to public safety alarm
users. The ordinance is intended to provide for the regulation
of fire, burglary, robbery and safety alarms and to establish a
user fee for false alarms.
Subd. 2. Definitions. The following terms, as used in this
Section, shall have the meanings stated:
1. "Public safety personnel" means duly authorized fire
and police employees.
2. "Alarm user" means the person, firm, partnership,
association, corporation, company or organization of any kind
which is in control of any alarm system.
3. "Public safety communications center" is the City
facility used to receive emergency requests for service and gen-
eral information from the public to be dispatched to respective
public safety units.
4. "Alarm system" means and includes any alarm instal-
lation designed to be used for the prevention or
d
e
t
e
c
t
i
o
n
o
f
burglary, robbery or fire on the premises which con
t
a
i
n
t
h
e
a
l
a
r
m
installation. Automobile alarm devices shall not
b
e
c
o
n
s
i
d
e
r
e
d
an alarm system under the terms of this ordinance.
5. "False alarm" means an audio, visual or electroni-
cally transmitted alarm signal eliciting a respons
e
b
y
f
i
r
e
a
n
d
police personnel when a situation requiring a respo
n
s
e
d
o
e
s
n
o
t
,
in fact, exist, and which is caused by the activ
a
t
i
o
n
o
f
t
h
e
alarm system through mechanical failure, alarm m
a
l
f
u
n
c
t
i
o
n
,
improper installation or the inadvertence of the ow
n
e
r
o
r
l
e
s
s
e
e
of an alarm system or of his or her employees or a
g
e
n
t
s
.
F
a
l
s
e
alarms do not include alarms caused by climatic con
d
i
t
i
o
n
s
s
u
c
h
as tornadoes, thunderstorms, violent conditions of n
a
t
u
r
e
o
r
a
n
y
other conditions which are clearly beyond the con
t
r
o
l
o
f
t
h
e
alarm manufacturer, installer or owner.
Subd. 3. False Alarm Fees.
A. An alarm system which reports more than three false
alarms to the City in a single calendar year will c
a
u
s
e
t
h
e
a
l
a
r
m
user to be charged a user fee for each false alar
m
i
n
e
x
c
e
s
s
o
f
three per calendar year. A fee schedule will be s
e
t
b
y
t
h
e
C
i
t
y
Council, based upon the number of false alarms repo
r
t
e
d
p
e
r
c
a
l
-
endar year.
B. Any alarm user which is required by the City to pa
y
a user fee as the result of a false alarm may m
a
k
e
a
w
r
i
t
t
e
n
appeal of the false alarm charge to the City Ma
n
a
g
e
r
t
h
r
o
u
g
h
either the Fire Chief or Director of Public Safety
,
w
i
t
h
i
n
t
e
n
days of notice by the City of the false alarm cha
r
g
e
.
T
h
e
c
i
t
y
Manager will have authority to make a final determination as to
whether the appellant is to be charged.
Subd. 4. Payment of Fees.
A. Payment of user fees provided for under Subd. 3 must
be paid to the City Finance Director within 30 days from the date of
notice by the City to the alarm user. Failure to pay the fee
within 30 days notice will cause the alarm user to be considered
delinquent and subject to a late payment charge of 10 percent of
the fee and interest in an amount not to exceed 6 percent per
annum as the Council shall determine.
Subd. 5. False Alarm Report Required.
A. When an alarm user has incurred five false alarms or
more within one calendar year, the alarm user shall submit a
written report to the City Manager within ten days after being
charged with the fifth false alarm, describing actions taken or
to be taken to discover and eliminate the cause of the false
alarms. Failure to submit the required written report will be
considered a misdemeanor.
Subd. 6. Automatic Dialing Devices Prohibited.
A. No automatic dialing devices initiating a pre-
recorded emergency alarm message shall be connected to the public
safety communications center through any telephone line, except
when authorized by the City Manager or his or her designee.
Section 2. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code" and Section
9.99 which among other things, contains penalty provisions, are
hereby adopted in their entirety, by reference, as though
-3 -
repeated verbatim herein.
Section 3. This ordinance shall become effective from and
after its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the day of , 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.
1DPM/ORD -1
-4-
7900 MITCHELL RD./ EDEN PRAIRIE, MINN. 55344-0301
EMERGENCY
POUCEANDFME
9-1-1
PUBLIC SAFETY OFFICE
September 28, 1987
(612) 937-2700
Ms Diana P. Massie
Lang, Pauly & Gregerson, Ltd.
4108 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Dear Diana:
We have reviewed the second draft of an Ordinance regulating false
fire, burglar, and robbery alarms. We believe this proposed Ordinance
as written satisfies the interests and concerns reflected in earlier
conversation. I have attached a list of the fee schedules associated
with existing false alarm ordinances for the following municipalities:
BLOOMINGTON-Each user is allowed three false alarms per calendar
year. A fee of $50.00 is charged for the fourth alarm and increases
by $25.00 for each additional false alarm.
EDINA-Each user is allowed two false alarms per calendar year with-
out penalty. Each additional false alarm carries a fee of $50.00
per alarm. A fee of $165.00 is charged for the third false fire
alarm and each subsequent fire alarm per calendar year.
HOPKINS-Each user is allowed four non-fire false alarms per calendar
year without penalty. A fee of $50.00 is charged for each additional
false alarm. One false fire alarm is allowed per calendar year.
Each additional false alarm carries a fee of $100.00 per alarm per
calendar year.
MINNETONKA-Each user is allowed three false alarms per calendar year
without penalty. A fee of $50.00 is charged for the fourth false
alarm and increases by $25.00 for each additional alarm.
Sincer712
LeXBridger
Lieutenant, Police Division
Eden Prairie Department of Public Safety
Page 2
PLYMOUTH-Fire and Police have separate fee schedules. One false
fire alarm or signal per calendar year is allowed. Any additional
false fire alarms carry a fee of $150.00 per alarm. All other
users are allowed three false alarms per calendar year. Each
additional false alarm carries a fee of $50.00 per false alarm
per calendar year.
ST. LOUIS PARK-Each user is allowed three false alarms per calendar
year without penalty. A fee of $50.00 is charged for false alarms
in excess of three; $100.00 in excess of 10; and $150.00 in excess
of 15 false alarms per calendar year.
Please make this list available to the City Manager and members
of the City Council when presenting the final draft. If I can be of
further assistance please let me know.
3aiLi
MEMORANDUM
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
Mayor and City Council
City Manager Carl J. Jullie
Assistant to the City Manager Craig W. Dawson
1988 Recycling Plan
December 11, 1987
For purposes of funding assistance in 1988, Hennepin County requires that
its municipalities submit a recycling plan by December 31. The primary
reasons for development of the plan are for the County to estimate its
financial obligations for grants to cities; to gain information about the
direction and progress of each of the 46 cities in the recycling area; and
to make cities more aware of their roles in the County's waste abatement
program.
City Council action on November 3, 1987 gave conceptual approval to the
program Eden Prairie should strive to implement. This program has been
refined a bit further and appears in the following report. It is a general
description of the work to be performed during 1988. It serves better as a
planning guide because the exact direction to be taken by the City (in
particular, the issue of mechanical vs. source separation) will not be
determined for several months. Consequently, the recycling plan identifies
several components which will be analyzed for feasibility and may be
implemented in Eden Prairie. None of the cost figures in the report bind
Eden Prairie to any financial commitment; rather, they are advisory
estimates about possible costs for the County's purposes.
RECOMMENDATION: It is recommended that Council adopt the 1988 Recycling
Plan for submission to Hennepin County.
CWD:jdp
Attachment
:L 26
CITY OF EDEN PRAIRIE
1988 RECYCLING PLAN
The 1988 recycling plan for the City of Eden Prairie will consist primarily of
planning and feasibility analysis, with implementation of various components as
the City Council deems timely and effective. Hennepin County estimates show
that Eden Prairie would need to have 1900 tons recycled in order to reach the
minimum five percent recycling desired, and 3400 tons in order to attain the
nine percent recycling goal for 1988 set by the County. Eden Prairie will plan
for a system which best meets the lifestyle and expectations of its residents.
The plan must be devised to adapt easily to rapidly increasing population and
physical development. It is important that the recycling opportunities provided
are implemented carefully in order to keep the public investment to a minimum
while ensuring high-quality service.
1. Method of Separation On November 3, 1987 the City Council determined that
mechanical separation of residential recyclables offered the greatest
promise of recovery of recyclables for Eden Prairie. The operational and
financial feasibility of making recycling possible in this manner will be
thoroughly explored before a curbside source-separation collection will be
considered. Implementation of a mechanical separation program will be
dependent on resolution of several things. First among them is successful
contract negotiations with a waste processing facility operator. Another
important issue is whether directing the waste to such a facility could be
accomplished through the City's licensing authority or would require
organizing collection.
Should the City pursue a curbside source-separation program, it appears
that the cost for semi-monthly collection of the 10,500 single-
family through four-plex units by a recyclables hauler would cost $4000 to
$5000 per month. If one recycling container per unit were desired and
provided, the cost at $5.00/container would be $52,500. If the City were
to implement the program at mid-year and achieve five percent waste
diversion, costs of the program would be as follows:
Cost
Henn. Co. Share
Collection
$24,000 - $12,000 -
30,000
15,000
Containers
$52,500
$21,000
TOTAL
$ 76,500 - $33,000 -
82,500
36,000
2. Focus on Residential Eden Prairie wishes to provide a broad spectrum of
recycling opportunities. At the same time, its resources are limited
and need to be focused on areas which promise an effective impact. In
1988, the City will focus on residential waste generators. Recycling by
non-residential generators will not be ignored, but will have a lesser
priority in 1988. Recycling information will be provided to them, and
the City will seek reporting of recycling done by non-residential
generators.
3. Collection Centers Recycling collection centers provide recycling
opportunities for residents in all types of dwellings, particularly those
in multi-family settings. The City has received two proposals for
recycling centers. Given the large geographical area of the City, it may
be desirable to have two centers for ease of accessibility. Full-year
costs would be as follows:
-2-
Total:
Hennepin County Share:
$35,000
$17,500
4. Yard Waste Collection These wastes represent a significant portion of
the recyclable waste stream. The City provided a quickly-designed yard
waste collection program in October 1987 and received expensive but
encouraging results. Ways of implementing a program City-wide during
non-winter months will be analyzed. The analysis will study the issue
of licensing requirements vs. contracted collection. Yard wastes will be
directed toward a compost facility, presumably one owned by Henepin
County. The City requests that the County staff the Eden Prairie compost
facility so that residential and commercial yard wastes deposited there
can be properly credited toward the City's recycling objective. Total
cost of the program if collection were done under contract are difficult to
estimate, but a range of $50,000 to $80,000 does not seem unlikely.
5. Regulatory Powers The City may be able to effect recycling through a
variety of its regulatory powers. One is the licensing of refuse haulers.
Here, the City will explore the extent to which conditions can be placed
on licenses (e.g., directing waste, requiring separate collection of
recyclables and compostibles).
Other issues to be explored include possible amendment of zoning
regulations which prohibit outside storage (and hence make collection
centers difficult to comply), and possible changes in site plan
implementation and building code enforcement practices to ensure that
facilities are provided for storage and collection of recyclables.
The City could organize and have a contract for the collection of
refuse. However, the City Council strongly prefers the present "open"
system of waste collection within Eden Prairie.
6. Promotion and Staff Promotion efforts and staff resources are essential
if a recycling program is to be successful. Several media will be used
to create widespread awareness and understanding of recycling opportunities
in the City. Conceivably, the promotion could include such things as
random cash prizes for those who recycle. Estimated costs for these
components are:
Promotions
Staff
TOTAL
Hennepin Count y Share
$20,000
.142.(22g
=ADO
$15,000
SUMMARY
The 1988 recycling plan of the City of Eden Prairie is ambitious but
achievable. The City is committed to provide effective recycling opportunities
for the unique and difficult conditions of a rapidly-growin g community.
Sevcral issues remain open at this time regarding the best ways to accomplish
this goal. Consequently, the program to be implemented will evolve during 1988.
For purposes of financial planning by Hennepin County, the following table shows
rough estimates of program costs and the County's grant funding if Eden Prairie
achieves five percent of all wastes recycled:
- 3 -
Curbside Collection
*Recycling Containers
Collection Centers
Yard Waste Collection
Promotion and Staff
Cost
$24,000 -
30,000
52,500
35,000
50,000 -
80,000
30.000
Henn. Co. Share
$12,000 -
15,000
21,000
17,500
25,000 -
40,000
15.000
TOTAL
$191,500 - $ 91,500 -
227,500
109,500
*Optional
The timing for implementation of components of recycling will depend on such
things as contract negotiations, the ability alter conditions on licenses which
have been issued for 1988, and statutory provisions on some elements which
require public notiifcation and hearing processes. It is conceivable that parts
of the plan may not be implemented until 1989.
CWD:jdp
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Services —al--
DATE: December 10, 1987
SUBJECT: Preserve Center Access Trail
Enclosed is a copy of the unapproved minutes of the December 7, 1987 Parks,
Recreation and Natural Resources Commission meeting, at which time the
Commission listened to the pros and cons regarding the Preserve Center access
trail.
On a 4-2 vote, the Parks, Recreation and Natural Resources Commission
recommended that the City Council leave the trail open at this time, and
attempt to correct the concerns of the adjacent neighbors through a redesign
of the trail and extensive landscaping and installation of a split rail fence.
The Commission suggested the Council consider splitting the cost of these
proposed improvements three ways equally divided between the City, the
Preserve Homeowner's Association and Ryan Construction. The Commission
further recommended that staff review the complaints received by the Public
Safety Department after one year to determine if the vandalism continues to
occur to adjacent homes. If that is the case the Council should then consider
closing the trail.
BL:md
MEMORANDUM
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
December 1,1, 1987
Preserve Walkway
Attached is a copy of a petition the City received in October 1987 requesting the City
Council consider abandoning a walkway that connects Amsden Way and Garrison Way to the
Preserve Shopping Center. The petition specifically requests abandoning that section
of walkway between Garrison Way and the Preserve between 9712 Clark Circle and 9365
Garrison Way. This walkway is part of the Preserve trail system, but was required by
the City in the approval of Garrison Forest.
The Preserve Association did have a meeting regarding this problem several months ago.
At that meeting, a number of residents in the Preserve Center opposed abandoning this
trailway as it provides a relatively direct access that allows them to walk to the
shopping center. The Preserve Association agreed to approve additional landscaping,
and perhaps a fence, only if they were assured the City wouldn't abandon the trail.
The petition points out that users of this trail have caused many problems for the
property owners on either side of the trail.
Attached to this memo is a map indicating the location of the existing pathway from
the Preserve Shopping Center to Garrison Way, and from Garrison way to Amsden Way.
There is also an asphalt path along the west side of Amsden Way, north to Anderson
Lakes Parkway and an asphalt path on the north side of Anderson Lakes Parkway running
east/west, which crosses Anderson Lakes Parkway at Garrison Way. If the City abandons
the trail between 9712 Clark Circle and 9365 Garrison Way, it will require people to
walk approximately 1/4 of a mile further to get to the shopping center.
At the November 3 City Council meeting, the Council requested the Parks, Recreation
and Natural Resources Commission notify the residents that have access to this
trailway, and inform them of the petition, and request input from the neighborhood.
-Attached is a copy of the letter sent to residents notifying them of the December 7
meeting and inviting their comments and input at that meeting. Also, attached are
copies of six letters from residents that were submitted by individuals that are
unable to attend the meeting, but wish to comment on the problem.
At the November 3 meeting of the Council, one of the residents made a comment that the
trail was not a problem until some of the "children in the neighborhood that have now
reached their teen age years" began causing problems. The Commission and the City
Council have been committed to providing a trail system throughout the community that
connects all neighborhoods with parks, schools, and shopping areas in order to provide
safe pedestrian and bicycle access to those areas. If the City begins closing
sections of trail due to problems caused by a few "children that have now reached
their teenage years" staff would recommend the City reconsider their entire philosophy
of providing a pedestrian trail system. The City must realize that if we are
providing a pedestrian/bicycle trail system throughout the City, we m
u
s
t
a
l
s
o
c
o
m
m
i
t
to the cost of maintaining and patrolling these trails. Whenever the
C
i
t
y
d
e
s
i
g
n
s
o
r
approves a trail between residential homes, the types of concerns list
e
d
i
n
t
h
e
petition can be expected at one time or another.
Community Services Staff believe the City has several alternatives to
a
d
d
r
e
s
s
i
n
g
t
h
e
problems referred to in the petition:
1. The City can agree to the petition and close the access trail between
t
h
e
h
o
m
e
s
a
t
9712 Clark Circle and 9365 Garrison Way. If the City decides to close that
section of trail, the City could then consider constructing a sidewalk
o
r
a
s
p
h
a
l
t
trail along either the east or west side of Garrison Way from Clark Ci
r
c
l
e
n
o
r
t
h
to Anderson Lakes Parkway to allow for an off street pedestrian walkwa
y
t
o
t
h
e
Preserve Center, or could assume people will walk in the street along
G
a
r
r
i
s
o
n
W
a
y
to Anderson Lakes Parkway.
2. The City could attempt to address some of the privacy concerns and desi
g
n
c
o
n
c
e
r
n
s
of the existing trail. Staff would recommend a redesign of the pathway
t
h
a
t
w
o
u
l
d
reduce the abrupt, steep configuration of the pathway. This would requ
i
r
e
f
i
l
l
and culverts through the drainage swale. Staff would also recommend the
P
r
e
s
e
r
v
e
Association and the shopping center, with the concurrence of the adjace
n
t
p
r
o
p
e
r
t
y
owners, extend the solid wood, board wall along both sides of the pathwa
y
o
u
t
toward Garrison Way, at least as far as the back of the homes. This wo
u
l
d
p
r
o
v
i
d
e
privacy for property owners and would eliminate much of the blowing tra
s
h
,
e
t
c
.
into their backyards.
Community Services Staff would recommend alternate number 2 and would re
c
o
m
m
e
n
d
t
h
a
t
this item be brought to the attention of the City Council one year af
t
e
r
c
o
n
s
t
r
u
c
t
i
o
n
of the walls and pathway to determine if the adjacent neighbors are s
t
i
l
l
r
e
c
e
i
v
i
n
g
harassment from trail users. The adjacent neighbors should phone in t
o
t
h
e
P
u
b
l
i
c
Safety Department all significant problems that are occurring relating
t
o
t
h
e
t
r
a
i
l
.
If at the end of one year, the residents are still receiving and undue amount o
f
harassment from trail users, staff would then recommend the City close the trai
l
a
n
d
require area residents to walk up to Anderson Lakes Parkway to ga'n access to t
h
e
shopping center.
This proposal requires the Preserve Association and the shopping cente
r
t
o
c
o
r
r
e
c
t
a
s
many of the problems as possible to alleviate the problems of the adj
a
c
e
n
t
p
r
o
p
e
r
t
y
owners, and puts all residents on notice to attempt to control the act
i
o
n
s
o
f
t
h
e
i
r
children that are using the trail system, or lose the privilege of ha
v
i
n
g
a
d
i
r
e
c
t
access to the shopping center. This should also address the majority o
f
t
h
e
c
o
n
c
e
r
n
s
of the adjacent property owners, and hopefully alleviate the majority
o
f
t
h
e
p
r
o
b
l
e
m
s
they face within and adjacent to that trail between their homes.
BL:md
Sincerely,
Robert 1. Lambert
Director of Community Services
November 9, 1987
TO: Southeastern Preserve Area Residents
At the November 3, 1987 meeting, the City Counci
l
r
e
c
e
i
v
e
d
a
p
e
t
i
t
i
o
n
f
r
o
m
s
e
v
e
r
a
l
residents along Garrison Way and Clark Circle requ
e
s
t
i
n
g
t
h
e
C
i
t
y
C
o
u
n
c
i
l
a
b
a
n
d
o
n
t
h
e
path that provides access from Garrison Way to th
e
P
r
e
s
e
r
v
e
S
h
o
p
p
i
n
g
C
e
n
t
e
r
.
T
h
e
petition included 24 signatures representaing 18 l
o
t
s
i
n
t
h
e
v
i
c
i
n
i
t
y
o
f
G
a
r
r
i
s
o
n
W
a
y
and Clark Circle. The petition cites that this
p
a
t
h
w
a
y
h
a
s
c
r
e
a
t
e
d
s
i
g
n
i
f
i
c
a
n
t
problems, not only for the parcels on either sid
e
o
f
t
h
e
p
a
t
h
,
b
u
t
a
l
s
o
f
o
r
t
h
e
h
o
m
e
s
adjacent to the Shopping Center complex. Some of
t
h
e
p
r
o
b
l
e
m
s
t
h
e
n
e
i
g
h
b
o
r
s
h
a
v
e
h
a
d
to put up with are as follows:
1. Broken window.
2. Debris on walkway and in yard.
3. Fence has been torn down several times.
4. Kids drinking beer along the fence opening.
5. Kids smarting off as they walk by the neighbors y
a
r
d
s
.
6. The hedge was ruined by kids jumping on it & ridi
n
g
b
i
k
e
s
&
s
k
a
t
e
b
o
a
r
d
s
o
v
e
r
i
t
.
7. Vandalism to the garage door.
8. Noise at all hours of the night.
9. People driving motorized vehicles on the walkway.
10. People using the walkway have been injured due to
t
h
e
p
o
o
r
d
e
s
i
g
n
.
11. People trespassing from the walkway into adjacent
y
a
r
d
s
a
n
d
l
o
o
k
i
n
g
i
n
t
o
t
h
e
windows of private homes.
The City Council directed the Parks, Recreation an
d
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
t
o
notify residents in the area of the petition, and
t
o
h
o
l
d
a
h
e
a
r
i
n
g
o
f
a
l
l
r
e
s
i
d
e
n
t
s
impacted by the possible abandonment of this trai
l
s
e
c
t
i
o
n
.
U
p
o
n
r
e
v
i
e
w
o
f
i
n
p
u
t
f
r
o
m
residents, the Council then requested City staff t
o
m
a
k
e
a
r
e
c
o
m
m
e
n
d
a
t
i
o
n
t
o
t
h
e
C
i
t
y
Council at a subsequent meeting.
Please consider this letter as a notice and invi
t
a
t
i
o
n
t
o
a
t
t
e
n
d
a
m
e
e
t
i
n
g
o
f
t
h
e
Parks, Recreation and Natural Resources Commissi
o
n
o
n
M
o
n
d
a
y
,
D
e
c
e
m
b
e
r
7
,
1
9
8
7
,
a
t
7:30 p.m, at the Eden Prairie City Hall, 7600 Ex
e
c
u
t
i
v
e
D
r
i
v
e
.
I
f
y
o
u
a
r
e
u
n
a
b
l
e
t
o
attend that meeting, please feel free to send a
w
r
i
t
t
e
n
l
e
t
t
e
r
s
t
a
t
i
n
g
y
o
u
r
o
p
i
n
i
o
n
regarding the possible closing of this trail to:
B
o
b
L
a
m
b
e
r
t
,
D
i
r
e
c
t
o
r
o
f
C
o
m
m
u
n
i
t
y
Services. Your letter will be recorded at the pu
b
l
i
c
m
e
e
t
i
n
g
.
The access trail was provided as a convenience fo
r
t
h
e
r
e
s
i
d
e
n
t
s
i
n
t
h
i
s
v
i
c
i
n
i
t
y
;
however, the convenience should not be at the axp
e
n
s
e
o
f
c
a
u
s
i
n
g
t
w
o
o
r
m
o
r
e
p
r
o
p
e
r
t
y
owners undue harassment and vandalism to their p
r
o
p
e
r
t
y
.
T
h
i
s
i
s
n
o
t
a
n
e
a
s
y
p
r
o
b
l
e
m
to solve and we welcome all the input we can get
o
n
t
h
i
s
i
s
s
u
e
.
W
e
l
o
o
k
f
o
r
w
a
r
d
t
o
seeing you on Monday, December 7th, at 7:30 p.m.
RAL:md
-3-
Unapproved Minutes
Parks, Recreation & Natural Resources Commission
December 7, 1987
VI. REPORTS OF COMMISSIONERS, BOARDS AND STAFF
A. Reports of Athletic Coordinator
1. 3 Man Basketball - Fall 1987 - Lambert reviewed the 3-Man Baskeball
season ending report. No action required.
2. Touch Football League Season Ending Report 1987 - Lambert reviewed the
season ending report for the touch football league and summarized the
recommendations for 1988. No action required.
B. City Council Meeting of December 1, 1987
No report.
VII. OLD BUSINESS
None
VIII. NEW BUSINESS
A. Preserve Walkway - Lambert summarized the background of this request and
indicated the petition was submitted to the City Council while the Council
was reviewing the request of the Preserve Shopping Center for 24 hour
operation. At that meeting, the City Council directed the Parks,
Recreation and Natural Resources Commission to hold a public hearing of
affected neighbors to hear input on this matter prior to making a
recommendation to the City Council.
Lambert received seven letters and four phone calls in support of keeping
the walkway open. All letters are on file for review and Commission
members have copies of each letter. The majority of the comments for
keeping the walkway open stressed the need for safe and convenient access
to the mall from the neighborhood, and most did not feel it was proper to
penalize the entire neighborhood for the delinquent actions of a few.
Lambert received one letter supporting closing the trail and one additional
letter that indicated that if the trail was closed the City should
construct a sidewalk along Garrison Way, north to Anderson Lakes Parkway to
allow for safe pedestrian access outside of the roadway.
The Commission then requested input from residents. Bob Humphreys, 9365
Garrison Way, indicated that he had written a letter to the Council
requesting the City consider closing the trail, and described the various
vandalism problems that have occurred to his residence from trail users.
Commission members questioned Humphreys regarding his opinion on where the
children came from that were causing the vandalism, the type of lighting on
the trail for after hours use, and the type of existing barriers adjacent
to the trail. Baker asked if Humphreys had any suggestions other than
closing the trail. Humphreys did not.
Unapproved Minutes
Parks, Recreation & Natural Resources Commission
December 7, 1987
Mikkel son suggested construction of a fence along both sides of
t
h
e
t
r
a
i
l
.
Humphreys indicated the path is 5' from one of the homes and, in
h
i
s
opinion, the children using the path would simply tear down the
f
e
n
c
e
anyway.
Larry Pauman, 9712 Clark Circle, indicated there is no privacy f
o
r
e
i
t
h
e
r
of the families on either side of the path. They have tried to g
e
t
a
c
t
i
o
n
from the Preserve Association and were forced to hire a lawyer t
o
g
e
t
t
h
e
Preserve to even discuss remedies. Nothing has been done to reso
l
v
e
t
h
e
situation. In his opinion, landscaping would not help the situat
i
o
n
a
n
d
the path should be rerouted.
Mel Kindig, 9638 Hampshire Lane, agrees that neither of the prope
r
t
y
o
w
n
e
r
s
should have to put up with the type of vandalism they have indure
d
o
v
e
r
t
h
e
last several years; however, he enjoys pathways and doesn't feel
t
h
a
t
t
h
e
City should close the path, but the situation does need a sol
u
t
i
o
n
.
H
e
a
n
d
his wife walk the path for leisure and to shop, and he points
o
u
t
t
h
a
t
a
l
l
of the vandalism, littering and use of the path by motorized ve
h
i
c
l
e
s
i
s
against City ordinances. He suggested some redesign of the pat
h
t
o
discourage use by motor vehicles and increased surveilance by P
u
b
l
i
c
Safety, or by the security from the shopping center.
Wendy Mattson, of Ryan Construction, indicated that her company
,
p
r
o
p
e
r
t
y
owners of the shopping center, have no opinion whether the path
s
h
o
u
l
d
b
e
kept open or closed; however, they would provide money for corr
e
c
t
i
o
n
o
f
the problem.
Evelyn Law, representing the Preserve Homeowner's Association,
i
n
d
i
c
a
t
e
d
that the Homeowner's Association is willing to do whatever the
C
i
t
y
requires to resolve the problem; however, they are concerned abo
u
t
investing a lot of money into attempts to correct the problem an
d
t
h
e
n
having the City decide that the corrections taken do not work.
Law pointed out that there are many residents living in the area
t
h
a
t
u
s
e
the pathway that are not assuming this pathway will ever be clos
e
d
.
Fred Beauvais, 10285 Amsden Way, said that he lives several bloc
k
s
a
w
a
y
from the path and uses it often. He does not want the path rerou
t
e
d
t
o
a
high traffic area along Anderson Lakes Parkway. He feels the ex
i
s
t
i
n
g
p
a
t
h
is safe for his children to get to the Center.
Robin Walters lives two houses down from the pathway. She indic
a
t
e
d
t
h
a
t
Clark Circle residents have had to put up with a lot. She has a concern about crime and criminals on the path and supports closing the pa
t
h
.
Carol Englehart, 9784 Brighton Lane, encouraged the City to consi
d
e
r
redirecting the access to the shopping center along Anderson L
a
k
e
s
P
a
r
k
w
a
y
.
Mel Kingig suggested the City should not concede this pathway
o
r
a
n
y
o
t
h
e
r
pathway to vandals, but should correct the vandal problem.
A-viALI
-5-
Unapproved Minutes
Parks, Recreation & Natural Resources Commission
December 7, 1987
Chuck Shaw noted that staff recommends changing the configuaration o
f
t
h
e
path and extending the vertical board wall along both sides of the
p
a
t
h
.
He further suggested the City design an entry to the path that wou
l
d
restrict motorized bikes from using the path.
Lambert indicated that he would not recommend the extension of the
s
o
l
i
d
board wall unless the adjacent property owners supported that ide
a
.
A
t
that point, both property owners indicated they did not want a sol
i
d
b
o
a
r
d
wall along their property lines. Lambert indicated that a solid bo
a
r
d
w
a
l
l
would be the most effective method to prevent the problems listed i
n
t
h
e
petition; however, a good landscape plan could also go a long way
t
o
w
a
r
d
improving on the privacy, as well as the litter.
MOTION: Shaw moved that the City of Eden Prairie, the Preserve Homeowner
'
s
Association, Ryan Construction and the property owners work togethe
r
o
n
a
landscape plan and split rail fence, as well as redesign of the tra
i
l
t
h
a
t
can best alleviate as many of the privacy concerns as possible. Th
e
Commission suggests the financial cost of this project be split bet
w
e
e
n
t
h
e
City, the Preserve Association, and Ryan Construction. Motion secon
d
e
d
b
y
Cook.
Discussion: Mikkelson recommends the alternative of closing the pat
h
w
a
y
,
as, in his opinion, the neighbors have suffered enough at this point
.
Motion passed 4 in favor, Mikkelson and Joyer opposed.
B. Review of Cash Park Fees for 1988 - Lambert reviewed the recent study of
other cities cash park fees and compared those fees and their formul
a
s
t
o
the City of Eden Prairie. Lambert noted that recommendations from o
t
h
e
r
committees of past years that have reviewed the cash park fees sugge
s
t
e
d
small increases on a regular basis, rather than significantly large
increases every five or six years. Lambert noted that the City had n
o
t
increased the fee for two years, and recommended a 5% increase for 19
8
8
t
o
$440/unit for single family, $335/unit for multi-family and $2,415
/
a
c
r
e
f
o
r
commercial/office and industrial. This compares to $575/unit for
a
l
l
residential and $2,500/acre for office and industrial in Plymouth,
t
h
e
C
i
t
y
charging the most in 1987. Plymouth will probably be increasing t
h
e
i
r
residential fees to $600-$625/unit for 1988 according to the Direc
t
o
r
o
f
Parks and Recreation.
Baker questioned whether the formula for charging park fees for
commercial/office and industrial was fair. He suggested that the C
i
t
y
might want to consider charging by the square foot, rather than per
a
c
r
e
for office and industrial.
MOTION: Cook moved to recommend approval of a 5% increase for 1988 for
cash park fees, seconded by Shaw. Motion passed unanimoulsy.
MOTION: Motion by Cook to review the 1988 cash park fee formula in
relation to commercial/office and industrial as a goal for 1988. N
o
t
i
m
e
commitment was set for this recommendation. Seconded by Joyer. Mo
t
i
o
n
passed unanimoulsy.
MEMORANDUM
TO: Mayor and City Council
FROM: Eugene A. Dietz, Director of Public Works
THROUGH: Carl J. Jullie, City Manager
DATE: December 8, 1987
RE: 1988 CAPITAL IMPROVEMENTS BUDGET
Attached is a proposed Capital Improvements Budget for the five-year period
beginning in 1988. The list does not include all the improvements that will
occur in the next five years, but rather is limited to those projects which
have a source of funding involving a major City expense. The priority of the
projects and the timing of expenditure is expected to be the major focus of
the discussion concerning the budget.
The buildings, major equipment expenditures and bike trails would all be an
obligation of the general fund. Water and sanitary sewer projects are funded
through revenue. The City share of the roadway projects would be funded
through the "road fund", which is comprised of municipal state aid funds,
general funds and in some instances tax increment financing. Finally, the
Park System improvements are mainly financed through cash park fees with some
sources of state and federal grants. An attachment for the revenue for the
Park System projects is attached. As the budget becomes more defined, we will
work towards a more specific source of funding for all categories.
Unlike the operating budget, there is no particular time frame imposed upon
the City for approving the budget. Many of the projects that are listed in
the budget would occur as a direct result of decisions made by the City
regarding development. Therefore, I would suggest that at the December 15
meeting a general discussion occur so that City Council may more fully under-
stand the nature of the projects being proposed with the final decision on
approval of the budget form being withheld until a future meeting. During
the interim period, the proposed budget should be referred to the Planning
Commission for review and recommendation. Certainly, the mission statement
form the strategic planning process would have an influence on the timing of
the expenditures in the budget and may well influence projects being added or
deleted to conform with our expectations of growth during the next five
years.
I will be at the Council Meeting to elaborate on these projects in more
detail.
EAD:ss
ESTIMATED REVENUE FOR CAPITAL IMPROVEMENT PROJECTS 1987-1992
ESTIMATED REVENUE
Fund balance at
beginning of year
Cash Park Fees
Softball Field
Improvements
Interest Accrual
GRANTS/DONATIONS
Watershed District
CDBG
State
Federal
Other
Bond Referendum
1986 1987 1988 1989 1990 1991 1992
965030 est 875600 946600 481600 46600 96600 31600
681029 act 350000 300000 250000 250000 250000 250000
10500 est 11000 15000 15000 15000 15000 15000
50000 est 45000 40000 40000 5000 5000 5000
225000 20000 20,000 ---- 50000
600000
30000
35000 act
Estimated Total Revenue 1741560 1311600 2126600 806600 336600 366600 351600
Estimated Expenditures 865950 365000 1645000 760000 240000 335000 305000
Estimated Fund Balance 875600 946600 481600 46600 96600 31600 46600
Updated - September 23, 1987
33.ai
To provide adequate space for 100.000 100,000 100,000 100,000 100,000 perSonnel now and over next 12 years 300.000 265,000 1 Police Dept. Building Addition (Ado offices and garage) 2 Parking Lot Expansion )-3 3 Community Center 4 City Hall Land Aquisition 5 City Hall 6 Liquor Store 7 Satellite Maintenance Facility 500.000 500,000 62.000 62,000 62.000 1,100,000 500.000 600.000 300,000 200.000 1,125,000 1,125,000 225.000 4,500,000 4,500,000 300,000 300,000 265.000 265,000 To meet City requirements for parking spaces serving a 20,000 square foot building Brick exterior, office area for rec.staff, child care, new entry 225,000 225,000 225,000 225,000 To acquire site for a future City Hall 2,250,000 2,250,000 Construction of City Hall for 1993 occupancy, cost reflects anticipated prices in 1991 $ City-owned liquor store bldg. will replace preserve village mall store when lease expires in 1990. To be financed with loan from gen. fund reserve. Aquire Clean Sweep operation (ASAP-contract due in 1989) PROPOSED CAPITAL IMPROVEMENTS BUDGET 1988 BUILDINGS TOTAL COST CITY FUNDS OTHER FUNDS 1988 1989 1990 1991 1992 BEYOND COMMENTS SUBTOTALS 7,852,000 7,252,000 600,000 300,000 1,152,000 325,000 2,575,000 2,575.000 325,000
PAGE 2 OF 8 TOTAL CITY EQUIPMENT COST FUNDS 1 Administrative Fleet 70,000 70.000 2 Motorgrader (replacement) 140.000 140,000 3 Reelmower (1 replacement 50,000 50,000 1 new) 4 Dump Trucks (new only) 135.000 135,000 1988 1989 1990 1991 1992 BEYOND COMMENTS Continue existing successful program 2 years 1972 Model in current use Additional park maintenance with added facilities To complement anticipated staffing needs OTHER FUNDS 20,000 25.000 25.000 140,000 25.000 25,000 45.000 45,000 45.000 SUBTOTAL 395,000 395.000 20.000 70.000 235,000 25.000 .45.000 BIKE TRAILS 1 Duck Lake Tr. Dell Rd-East 50,000 50,000 50,000 2 CSAH 4. RD LK-DUCK LAKE TR 100,000 100,000 100,000 3 CUD 1, DELL RD-RILEY LAKE Pt 30.000 30.000 30,000 4 CSAH 4, PURG CRK-BIRCH IS. Pt 30,000 30,000 30,000 5 CSAR I, HOMEWARD HILLS - 60,000 60,000 60,000 FRANLO ROAD SUBTOTAL 270,000 270.000 50,000 60,000 30,000 130,000 November, 1987 1
ROADWAY PROJECTS 1 51-272 VV Road (Phase II) TOTAL CITY OTHER COST FUNDS FUNDS 1988 1989 1990 1991 1992 BEYOND COMMENTS 451,000 451,000 451,000 Assumes RR abandonment and open cut PAGE 4 OF 8 2 52-114 MCA Intersections A) 11 Signals @ $80,000 880,000 880.000 8) 6 Turn Lanes @ $30,000 180,000 180,000 240,000 160,000 160,000 160,000 160.000 2 interchanges not shown -WASH/4943 $30-$50 90.000 30.000 30,000 30,000 -PCD/TH 5 Million 3 52-074 TN 5 (Wallace - Heritage) 3,800,000 525,000 3,275,000 525,000 4 52-074 CSAM 4/TN 5 Intersection 807,000 210,000 597.000 210.000 5 52-099 TN 169 (CSAH 1 - P.C.0) 4,400,000 100,000 4,300,000 5/27188 Letting date ($325,000 PED bridge) 5/27/88 Letting date 100,000 11/18/88 Letting date (nominal costs @ ALP) 6 52-103 Townline Rd(CSAH 4-TH 101) 8,100,000 400,000 7,700,000 7 Hist, Signals 400.000 A) Homeward Hills/CSAH 1 8) Shady Oak/City West Park. C) Shady Oak/TN 169 (Ramp) 0) Mitchell/A.L.P. 0 Scenic Hts/CSAH 4 F) CSAH 1/CSAH 4 80,000 80,000 150,000 80,000 80,000 80,000 60,000 60,000 40,000 80,000 60,000 40,000 20,000 20.000 110.000 60.000 60,000 40,000 80,000 20,000 60,000 40,000 40,000 November, 1987
PAGE 5 OF 8 TOTAL CITY OTHER ROADWAY PROJECTS CONTINUED COST FUNDS FUNDS 8 52-051 Mitchell Road (Research-NO.) 382,000 116,000 266,000 60.000 56,000 9 Mitchell Road (Research-SO.) 231,000 152,000 79,000 80.000 72,000 10 52-107 Research Rd (Mitchell-ALP) 369,000 182,000 187,000 100.000 82.000 11 52-024 Dell Rd (165-Twilight) 350,000 175.000 175.000 175.000 0.3 5L) Assume built as one project (Costs from prel. info from BRW) Phase 1-adj.to Cresent Ridge.(Phase 11-4 lane seg. /w TH5 fully assessed and not shown) 1988 1989 1990 1991 1992 BEYOND COMMENTS 12 52-067 Rowland Road 13 52-066 City West Parkway (Shady Oak - West) 14 Riverview Rd (CConcord- (SAN 18) 1,017.000 250.000 767,000 125.000 125.000 33.000 33,000 33,000 2.900,000 1.900.000 1.000.000 400,000 Timing concurrent with adjacent development 1.500.000 1ST Phase/w Creekview Add. 15 Indian Chief Road 950,000 690,000 260,000 690,000 Bridge cost - $420.000 16 Birch Island Road 670,000 222.000 448.000 222,000 RR Crossing - $75.000 17 52-023 Duck Lake TR/CSAH 4 Intersec. 25,000 25.000 25,000 18 Eden Prairie Rd (CSAHI-SO) 1.700,000 1.300.000 400,000 1.300,000 November, 1987
‘11.1 n•--) PAGE 6 OF 8 ROADWAY PROJECTS CONTINUED 19 Dell Rd (185 - THI69) TOTAL CITY OTHER COST FUNDS FUNDS 5.300,000 1,400.000 3.900.000 1988 1989 1990 1991 1992 BEYOND COMMENTS 200,000 1,200.000 Project built in phases with development 20 52-026 Shady Oak (CSAH 62-111169) 1.200,000 21 Scenic Nts/CSAH4 Intersec. 25.000 22 Townline (CSAH 4-CSAH 60) 8.000400 23 TH5 (Heritage-Chanhassen) 6.100.000 24 Wallace Rd Through 600.000 Middle School 240.000 25,000 400,000 200.000 240,000 960,000 240.000 25,000 7,600,000 5.900,000 360.000 400,000 200,000 11/21/91 Letting date 240,000 SUBTOTALS 49,020,000 10,636,000 38.384.000 1,851,000 1,843.000 870.000 250,000 670,000 5,152.000 November, 1987
CAPITAL IMPROVEMENTS PARK SYSTEM - 1988 Page 7 of 8 TOTAL COST CITY. OTHER 1988 1989 1990 1991 1992 PURPOSE/OTHER COMMENTS FUNDS 225,000 20.000 300,000 250,000 PARK ACQUISITION Lake Riley Park Wyndham Knolls Softball Field Complex Purgatory Creek Rec Area 225.000 225.000 225.000 ---- 20.000 -- 150,000 150,000 -- 250,000 aquire 24 acres of lakeshore for park expansion complete contract for deed acquire approximately 30 acres acquire major entry 30,000 additional sun shelter 30.000 30.000 stage & amphitheater, expand parking, day camp den renovate 2nd floor of park shleter 2 tennil courts 40.000 2 tennis courts, park shelter, hockey & skating playstructure, tennis courts, picnic area & trails 25.000 grading, seeding, play structure, courts 15,000 trail connections thru park expand beach, move boat access, fish pier, trails grading, playstructure, parking, courts grade, seed, boat access, playst, tennis courts 50.000 50,000 grade, seed, courts, playstructure 20.000 trails & parking, park shelter trail and bridge would require referendum amount of $500.000 would require referendum amount of 3 million 100,000 200,000 150.000 funds for dredging & trails would require referendum for development of access Sub Total PARK DEVELOPMENT 695,000 225.000 645,000 375.000 Round Lake Park 30,000 Staring Lake Park 140.000 Homeward Hills Park 40,000 Franlo Road Park 25.000 Red Rock Park 65,000 Willow Park 35,000 Carmel Park 50,000 Hidden Ponds 15,000 Riley Lake Park 20.000 20,000 Wyndham Knoll Park 50.000 Red Rock Lake Park 60.000 County Road 4 Site 100,000 Edenbrook Park 40.000 Edenvale Park 25,000 Softball Field Complex Miller Park Outdoor Center Purgatory Creek Rec Area 450,000 25,000 30.000 25,000 40.000 25.000 25.000 10.000 25.000 15.000 10,000 20,000 20,000 25,000 25.000 25.000 35.000 20.00 25,000 Sub Total 1,195.000 20,000 100.000 185.000 240,000 335,000 305,000 Acquisition & Dev Total 1,890,000 245,000 745.000 560,000 240,000 335,000 305,000 November 1987 *Cash Park Fees
PAGE 8 OF 8 (..SJ (.3,) BUILDINGS EQUIPMENT BIKE TRAILS WATER & SANITARY SEWER ROADWAY PROJECTS PARK SYSTEM TOTAL COST $7,852,000 395,000 270,000 10,060.000 49,020.000 2,135,000 CAPITAL IMPROVEMENT BUDGET SUMMARY 1988 CITY FUNDS $ 7,252,000 395.000 270,000 9,265,000 10,636,000 1,890,000 OTHER FUNDS $ 600,000 795,000 38,384,000 245,000 TOTAL $69,732,000 $2f:708,000 $40,067,000 NOVEMBER, 1987
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ROLL 14
BEGINS WITH:
ENDS WITH:
2/9/94
DATE CAMERA OPERATOR'S SIGNATURE
CM!
CONCEPT MICRO IMAGING
MINNEIONKA.
PRODUCING LABORATORY
crryisTATE
CAMERA OPERATOR'S CERTIFICATE
I hereby certify that the microphotographs appearing on this roll of film are true,
accurate, and complete copies of the original records described below.
Reproductions intended to serve as permanent records comply with standards
established by the Minnesota Historical Society.
AGENCY OF ORIGIN: CITY OF EDEN PRAIRIE
RECORD SERIES: COUNCIL PACKETS
INCLUSIVE DATES/NOS:
JANUARY 1977 - DECEMBER 1991