HomeMy WebLinkAboutCity Council - 07/05/1988AGENDA
TUESDAY, JULY 5, 1988
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 Parks, Recreation &
Natural Resources Robert Lambert, Director
of Public Works Eugene A. Dietz, and
Recording Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
III. CONSENT CALENDAR
A. Clerk's License List
Page 1404
B. Resolution No. 88-135, In Support of Correcting the Requirement of Page 1405 Taxation of State and Local Government Employee Benefits
C. GLENSHIRE by Associated Investments. 2nd Reading of Ordinance No. Page 1409 24-88-PUD-6-88, Planned Unit Development District Review on 17.3
acres with waivers and Zoning District Change from Rural to R1-9.5
on 17.3 acres; Approval of Developer's Agreement for Glenshire; and
Adoption of Resolution No. 88-130, Authorizing Summary of Ordinance
No. 24-88-PUD-6-88 and Ordering Publication of Said Summary. 30.6
acres into 56 lots, 2 outlots and road right-of-way for construction
of a single family development. Location: Northeast corner of
Valley View Road and Edenvale Boulevard. (Ordinance No. 24-88-PUD-6-
88, Rezoning; Resolution No. 88-130, Authorizing Summary &
Publication)
D. Final Plat Approval for Raven Wood 2nd Addition (located north of Page 1419 Woodland Drive and east of Edenvale Boulevard) Resolution No.
88-131
E. Final Plat Approval for Barth Addition (located at 16481 Hilltop Page 1421 Road) Resolution No. 88-132
F. Final Plat Approval for Glenshire (located east of Edenvale Page 1423 Boulevard and north of Valley View Road) Resolution No. 88-133
City Council Agenda - 2 - Tues.,July 5, 1988
G. Request for Grading Permit from Eden Prairie School District
to Construct a Parking Lot at Eden Prairie High School
H. Set Public Hearing for Street Improvements to Hamilton Road,
I.C. 52-131 -(Reso1ution No. 88-134)
I. Request for Grading Permit from Williams Pipeline Company
J. Change Order No. 3 for Water Treatment Plant Expansion, I.C.
52-072A
K. BLUFFS EAST 6TH by Hustad Development Company. 2nd Reading of
Ordinance No. 23-88-PUD-5-88, Planned Unit Development District
Review on 45.16 acres and Zoning District Change from Rural to RM-
6.5 on 6.94 acres; Approval of Developer's Agreement for Bluff's
East 6th; and Adoption of Resolution No. 88-129, Authorizing Summary
of Ordinance No. 23-88-PUD-5-88 and Ordering Publication of Said
Summary. 45.16 acres into 13 lots, 5 outlots, and road right-of-way
for construction of 26 townhome units. Location: South of Franlo
Road extension, south of Normandy Crest. (Ordinance No. 23-88-PUD-
5-88, PUD District and Rezoning; Resolution No. 88-129, Authorizing
Summary & Publication)
L. Riley Lake Park Acquisition
Page 1449
IV. PUBLIC HEARINGS
V. PAYMENT OF CLAIMS
Page 1450
VI. ORDINANCES & RESOLUTIONS
A. Discussion of Draft Ordinance(s) regarding Outside Storage of Recreational Vehicles
Page 1459
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from The Bank Eden Prairie for a Sign Code Amendment
Page 1460 Allowing Motion Signs GivinR Information Other Than Time,
Temperature, Date, Weather or Similar Public Service Information
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
1. Set Date for Mid-Year Strategic Planning Session
Page 1468
C. Report of City Attorney
1. Discussion of Statutory Changes regarding Candidate
Page 1469 Campaign Reporting
Page 1426
Page 1427
Page 1428
Page 1430
Page 1438
City Council Agenda - 3 - Tues.,July 5, 1988
D. Report of Director of Planning
E. Report of Director of Parks, Recreation & Natural Resources
1. Letter dated June 9, 1988 from Don Brauer Concerning High
Water Levels in Purgatory Creek Floodplain Storage Area
F. Report of Director of Public Works
1. Status Report on Water Restrictions
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
Page 1470
Page 1480
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
July 5, 1988
CONTRACTOR (MULTI-FAMILY & COMM.)
J S Building Consultants
Niwinski Construction, Inc.
Results Construction Company
CONTRACTOR (1 & 2 FAMILY)
B.C. Construction Specialists
Mike Blood Construction
Construction One Corporation
Delaney Construction, Inc.
Homes of Excellance
Hopkins Masonary
Barry Krogh Building & Remodeling
Linrod Custom Homes, Inc.
Powprs Construction, Inc.
C. W. Smith Construction
Van Eeckhout Building Corp
PLUMBING
Wm. L. Gadtke Plumbing, Inc.
Hiltner Plumbing & Heating
Minnetonka Plumbing Co., Inc.
Oak Grove Mechanical
Plums, Inc.
SEPTIC SYSTEMS
Swedlund Sewer & Water
HEATING & VENTILATING
Total Energy Heating & Cooling
TYPE A FOOD
Lunds, Inc.
PEDDLAR
Ronald DeWayne Hill (Fruit)
Patrick Lee Satterwhite (Fruit)
These licenses have been approved by the department heads responsi
b
l
e
f
o
r
the licensed activity.
Pat Solie, Licensing
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 88-135
RESOLUTION IN SUPPPORT OF CORRECTING THE REQUIREMENT OF
TAXATION OF STATE AND LOCAL GOVERNMENT EMPLOYEE BENEFITS
WHEREAS, the U. S. Department of Treasury continues in its unilateral
quest to tax certain public employee fringe benefits; and
WHEREAS, public workers will be forced to pay annual income taxes on
the value of accumulated annual and sick leave, death and disability benefits,
and severance and compensatory pay for tax year 1988 and beyond; and
WHEREAS, this tax will be paid on benefits which employees have not
yet received and may never receive; the taxation of these benefits at accrual
instead of when the benefit is actually used by the employee will create
additional financial and record keeping burdens on political subdivisions and
their employees; and
WHEREAS, U. S. Representative Robert Matsui (0-CA) has introduced H.R.
4221 to correct this situation; and
WHEREAS, it is the desire of the City Council of the City of Eder
.
Prairie to hold down costs to the public sector, its employees, and taxpayers
whenever possible.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie,
Minnesota, that members of the U.S. Congress are urged to eliminate the
requirement of taxation of state and local government employee benefits by
supporting H.R. 4221 or any other similar legislation.
PASS AND ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL THIS
DAY OF
, 1988.
Gary D. Peterson, Mayor
17E71 J. Jullie, City Manager
ATTEST: SEAL
John D. F-F,Tne, City Clerk
100TH CONGRESS H
2D SESSION . R. 4221
To amend the Internal Revenue Code of 1986 to clarify that section 457 does not
apply to nonelective deferred compensation or basic employee benefits.
IN THE HOUSE OF REPRESENTATIVES
MARCI1 22,1988
Mr. MATSUI (for himself and Mr. VANDER JAGT) introduced the following bill;
which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to clarify that
section 457 does not apply to nonelective deferred compen-
sation or basic employee benefits.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION I. SHORT TITLE: AMENDMENT OF 1986 CODE.
4 (a) SIIORT TITLE.—This Act may be cited as the "See-
5 tion 457 Clarification Act of 1988".
6 (b) AMENDMENT OF 1986 CODE.—Except as otherwise
7 expressly provided, whenever in this Act an amendment or
8 repeal is expressed in terms of an amendment to, or repeal of,
9 a section or other provision, the reference shall be considered
2
1 to be made to a section or other provision of the Internal
2 Revenue Code of 1986.
3 SEC. 2. CLARIFICATION THAT SECTION 457 DOES NOT APPLY
4 TO NONELECIIVE DEFERRED COMPENSATION
5 OR BASIC EMPLOYEE BENEFITS.
6 (a) IN GENERAL.—Section 457 is amended by adding
7 the following subsection at the end thereof:
8 "(g) Section 457 Not to Apply to Nonelective Deferred
9 Compensation or Basic Employee Benefits.
10 "(1) NONELECTIVE DEFERRED COMPENSA-
1 1 TION.—For purposes of this section-
12 "(A) IN GENERAL.—This section shall not
13 apply to nonelective deferred compensation.
14 "(B) The Secretary is directed to promulgate
15 regulations defining nonelective deferred compen-
16 sation.
17 "(2) BASIC EMPLOYEE BENEFITS.—
18 "(A) IN GENERAL.—This section shall not
19 apply to basic employee benefits.
20 "(B) BASIC EMPLOYEE BENEFITS DE-
21 FINED.—For purposes of this section, basic em-
22 ployee benefits shall include compensation under
23 bona fide vacation plans, sick leave plans, corn-
24 pensatory time plans, severance plans, plans of
25 employer inducement for termination of employ-
111K 4221 III
3
1 ment, force reduction programs, payments in lieu
2 of tenure, disability plans, death benefit plans,
3 sabbatical leave, or other similar benefits. In the
4 case of benefits provided by a governmental unit,
5 such benefits provided pursuant to State or local
6
law, rule, regulation, or procedure are compensa-
7 tion under bona fide plans. In addition, benefits
8 provided under a collective bargaining agreement
9 are compensation under bona fide plans."
10 SEC. 3. EFFECTIVE DATE.
11
The amendments made by this Act shall apply to all
12 taxable years beginning after December 31, 1987.
0
0111t 4221 111
Glenshire Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 24-88-PUD-6-88
AN ORDINANCE OF THE CITY OF EDEN PRAI
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 ANO
T
H
E
R
,
A
M
E
N
D
I
N
G
T
H
E
L
E
G
A
L
D
E
S
C
R
I
P
T
I
O
N
S
O
F
L
A
N
D
IN EACH DISTRICT, AND, ADOPTING BY RE
F
E
R
E
N
C
E
C
I
T
Y
C
O
D
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 PE
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
:
Section 1. That the land which is the subject o
f
t
h
i
s
O
r
d
i
n
a
n
c
e
(hereinafter, the "land") is legally d
e
s
c
r
i
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
m
a
d
e
a part hereof.
Section 2. That action was duly initiated propo
s
i
n
g
t
h
a
t
t
h
e
l
a
n
d
b
e
removed from the Rural District and be
p
l
a
c
e
d
i
n
t
h
e
P
l
a
n
n
e
d
U
n
i
t
D
e
v
e
l
o
p
m
e
n
t
6
-
8
8
-
R1-9.5 District (hereinafter "PUD 6-88-
R
1
-
9
.
5
"
)
.
Section 3. The land shall be subject to the ter
m
s
a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
that certain Developer's Agreement dat
e
d
a
s
o
f
J
u
l
y
5
,
1
9
8
8
,
e
n
t
e
r
e
d
i
n
t
o
b
e
t
w
e
e
n
Eden Land Sales, Inc., a Minnesota corp
o
r
a
t
i
o
n
,
a
n
d
A
s
s
o
c
i
a
t
e
d
I
n
v
e
s
t
m
e
n
t
s
,
I
n
c
.
,
a
Minnesota corporation, and the City
o
f
E
d
e
n
P
r
a
i
r
i
e
(
h
e
r
e
i
n
a
f
t
e
r
"
D
e
v
e
l
o
p
e
r
'
s
Agreement") and that certain Supplem
e
n
t
t
o
t
h
e
D
e
v
e
l
o
p
e
r
'
s
A
g
r
e
e
m
e
n
t
,
d
a
t
e
d
a
s
o
f
July 5, 1988, entered into betwee
n
E
d
e
n
v
a
l
e
I
n
v
e
s
t
o
r
s
,
a
M
i
n
n
e
s
o
t
a
g
e
n
e
r
a
l
partnership, and the City of Eden
P
r
a
i
r
i
e
(
h
e
r
e
i
n
a
f
t
e
r
"
S
u
p
p
l
e
m
e
n
t
"
)
.
T
h
e
Developer's Agreement and Supplement
c
o
n
t
a
i
n
t
h
e
t
e
r
m
s
a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
P
U
O
6
-
8
8
-
R1-9.5, and are hereby made a part her
e
o
f
.
Section 4. The City Council hereby makes the fol
l
o
w
i
n
g
f
i
n
d
i
n
g
s
:
A. PUD 6-88-R1-9.5 is not in conflict wit
h
t
h
e
g
o
a
l
s
o
f
t
h
e
G
u
i
d
e
P
l
a
n
of the City.
B. PUD 6-88-R1-9.5 is designed in such a m
a
n
n
e
r
t
o
f
o
r
m
a
d
e
s
i
r
a
b
l
e
a
n
d
unified environment within its own boun
d
a
r
i
e
s
.
C. The exceptions to the standard requirem
e
n
t
s
o
f
C
h
a
p
t
e
r
s
1
1
a
n
d
1
2
o
f
the City Code, that arc contained in P
U
D
6
-
8
8
-
R
1
-
9
.
5
a
r
e
j
u
s
t
i
f
i
e
d
by the design of the development descr
i
b
e
d
t
h
e
r
e
i
n
.
PUD 6-88-R1-9.5 is of sufficient size
,
c
o
m
p
o
s
i
t
i
o
n
,
a
n
d
a
r
r
a
n
g
e
m
e
n
t
that its construction, marketing, a
n
d
o
p
e
r
a
t
i
o
n
i
s
f
e
a
s
i
b
l
e
a
s
a
complete unit without dependence upon
a
n
y
s
u
b
s
e
q
u
e
n
t
u
n
i
t
.
Section 5. The proposal is hereby adopted and th
e
l
a
n
d
s
h
a
l
l
b
e
,
a
n
d
hereby is, removed from the Rural Dis
t
r
i
c
t
a
n
d
s
h
a
l
l
b
e
i
n
c
l
u
d
e
d
h
e
r
e
a
f
t
e
r
i
n
t
h
e
Planned Unit Development 6-88-R1-9.5 D
i
s
t
r
i
c
t
,
a
n
d
t
h
e
l
e
g
a
l
d
e
s
c
r
i
p
t
i
o
n
s
o
f
l
a
n
d
i
n
each district referred to in City Code
S
e
c
t
i
o
n
1
1
.
0
3
,
s
u
b
d
i
v
i
s
i
o
n
1
,
s
u
b
p
a
r
a
g
r
a
p
h
B
,
shall be and are amended accordingly.
D.
Section 6. City Code Chapter 1 entitled "General P
r
o
v
i
s
i
o
n
s
a
n
d
Definitions Applicable to the Entire City Co
d
e
I
n
c
l
u
d
i
n
g
P
e
n
a
l
t
y
f
o
r
V
i
o
l
a
t
i
o
n
"
a
n
d
Section 11.99 entitled "Violation a Mis
d
e
m
e
a
n
o
r
"
a
r
e
h
e
r
e
b
y
a
d
o
p
t
e
d
i
n
t
h
e
i
r
entirety by reference, as though repeated v
e
r
b
a
t
i
m
h
e
r
e
i
n
.
Section 7. This Ordinance shall become effective fro
m
a
n
d
a
f
t
e
r
i
t
s
passage and publication.
FIRST READ at a regular meeting of the Ci
t
y
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 7th day of June, 1988, and
f
i
n
a
l
l
y
r
e
a
d
a
n
d
a
d
o
p
t
e
d
a
n
d
o
r
d
e
r
e
d
published at a regular meeting of the City
C
o
u
n
c
i
l
o
f
s
a
i
d
C
i
t
y
o
n
t
h
e
5
t
h
d
a
y
o
f
July, 1988.
ATTEST:
John D. Frane, City Clerk
Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the
day of
/ J
EXHIBIT A
LEGAL DESCRIPTIONS
P.U.D. Concept and Dis
t
r
i
c
t
R
e
v
i
e
w
Outlots L, M, and K, E
D
E
N
V
A
L
E
3
R
D
A
D
D
I
T
I
O
N
,
H
e
n
n
e
p
i
n
C
o
u
n
t
y
,
M
i
n
n
e
s
o
t
a
.
Zonino from Rural to R
I
-
9
.
5
Outlets K, 1. and
M
,
E
d
e
n
v
a
l
e
3
r
d
A
d
d
i
t
i
o
n
,
a
c
c
o
r
d
i
n
g
t
o
t
h
e
r
e
c
o
r
d
e
d
plat thereof, EX
C
E
P
T
t
h
a
t
p
a
r
t
d
e
s
c
r
i
b
e
d
a
s
f
o
l
l
o
w
s
:
Beginning at the
n
o
r
t
h
w
e
s
t
c
o
r
n
e
r
o
f
s
a
i
d
O
u
t
l
o
t
M
;
t
h
e
n
c
e
N
o
r
t
h
84 degrees 25 min
u
t
e
s
5
5
s
e
c
o
n
d
s
E
a
s
t
a
l
o
n
g
t
h
e
n
o
r
t
h
l
i
n
e
o
f
s
a
i
d
Outlot M a distan
c
e
o
f
2
5
5
.
8
5
f
e
e
t
;
t
h
e
n
c
e
e
a
s
t
e
r
l
y
7
1
.
1
7
f
e
e
t
along the norther
l
y
l
i
n
e
o
f
s
a
i
d
O
u
t
l
e
t
M
a
n
d
a
l
o
n
g
a
t
a
n
g
e
n
t
i
a
l
curve, concave to
t
h
e
N
o
r
t
h
h
a
v
i
n
g
a
r
a
d
i
u
s
o
f
4
3
0
.
0
0
f
e
e
t
,
a
n
d
a
central angle of
9
d
e
g
r
e
e
s
2
9
m
i
n
u
t
e
s
0
0
s
e
c
o
n
d
s
;
t
h
e
n
c
e
S
o
u
t
h
3
1
degrees 50 minute
s
3
4
s
e
c
o
n
d
s
E
a
s
t
,
n
o
t
t
a
n
g
e
n
t
t
o
t
h
e
l
a
s
t
described line, a
d
i
s
t
a
n
c
e
o
f
3
0
8
.
1
4
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
3
7
d
e
g
r
e
e
s
41 minutes 03 sec
o
n
d
s
E
a
s
t
a
d
i
s
t
a
n
c
e
o
f
2
2
0
.
7
2
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
30 degrees 57 min
u
t
e
s
1
1
s
e
c
o
n
d
s
E
a
s
t
a
d
i
s
t
a
n
c
e
o
f
1
7
9
.
0
0
f
e
e
t
;
thence South 15 d
e
g
r
e
e
s
5
3
m
i
n
u
t
e
s
1
7
s
e
c
o
n
d
s
W
e
s
t
a
d
i
s
t
a
n
c
e
o
f
188.00 feet; then
c
e
S
o
u
t
h
2
0
d
e
g
r
e
e
s
2
7
m
i
n
u
t
e
s
4
1
s
e
c
o
n
d
s
W
e
s
t
a
distance of 59.00
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
4
0
d
e
g
r
e
e
s
5
6
m
i
n
u
t
e
s
4
1
seconds West a di
s
t
a
n
c
e
o
f
5
1
.
0
0
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
7
3
d
e
g
r
e
e
s
34 minutes 08 se
c
o
n
d
s
W
e
s
t
a
d
i
s
t
a
n
c
e
o
f
5
1
.
0
0
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
62 degrees 16 min
u
t
e
s
3
4
s
e
c
o
n
d
s
W
e
s
t
a
d
i
s
t
a
n
c
e
o
f
5
1
.
0
0
f
e
e
t
;
thence South 88
d
e
g
r
e
e
s
4
9
m
i
n
u
t
e
s
0
7
s
e
c
o
n
d
s
west a distance of
139.00 feet; then
c
e
S
o
u
t
h
7
5
d
e
g
r
e
e
s
3
0
m
i
n
u
t
e
s
2
1
s
e
c
o
n
d
s
W
e
s
t
a
distance of 146.0
2
f
e
e
t
t
o
t
h
e
w
e
s
t
l
i
n
e
o
f
s
a
i
d
O
u
t
l
e
t
L
;
t
h
e
n
c
e
northerly along t
h
e
w
e
s
t
e
r
l
y
l
i
n
e
o
f
s
a
i
d
O
u
t
l
e
t
s
L
a
n
d
M
t
o
the point of begin
n
i
n
g
.
ALSO EXCEPT that
p
a
r
t
o
f
s
a
i
d
O
u
t
l
e
t
s
K
,
L
a
n
d
M
l
y
i
n
g
s
o
u
t
h
e
r
l
y
o
f
a
line described as
f
o
l
l
o
w
s
:
Beginning at the
s
o
u
t
h
w
e
s
t
c
o
r
n
e
r
o
f
s
a
i
d
O
u
t
l
o
t
K
;
t
h
e
n
c
e
N
o
r
t
h
00 degrees 39 min
u
t
e
s
3
6
s
e
c
o
n
d
s
E
a
s
t
a
l
o
n
g
t
h
e
w
e
s
t
e
r
l
y
l
i
n
e
said Outlot K a d
i
s
t
a
n
c
e
o
f
9
0
.
0
0
f
e
e
t
;
t
h
e
n
c
e
n
o
r
t
h
e
r
l
y
1
7
6
.
7
3
feet along the we
s
t
e
r
l
y
l
i
n
e
o
f
s
a
i
d
O
u
t
l
e
t
_
K
,
a
l
o
n
g
a
t
a
n
g
e
n
t
i
a
l
curve, concave to
t
h
e
E
a
s
t
h
a
v
i
n
g
a
r
a
d
i
u
s
o
f
3
3
3
.
2
4
f
e
e
t
a
n
d
a
central angle of
3
0
d
e
g
r
e
e
s
2
3
m
i
n
u
t
e
s
0
9
s
e
c
o
n
d
s
;
(
h
e
n
c
e
N
o
r
t
h
31 degrees 02 min
u
t
e
s
4
5
s
e
c
o
n
d
s
E
a
s
t
a
l
o
n
g
t
h
e
w
e
s
t
e
r
l
y
l
i
n
e
o
f
said Outlets K an
d
I
,
t
a
n
g
e
n
t
t
o
t
h
e
l
a
s
t
d
e
s
c
r
i
b
e
d
l
i
n
e
a
distance of 163.0
0
f
e
e
t
;
t
h
e
n
c
e
n
o
r
t
h
e
r
l
y
1
9
9
.
0
2
f
e
e
t
a
l
o
n
g
t
h
e
westerly line of
s
a
i
d
O
u
t
l
e
t
L
,
a
l
o
n
g
a
t
a
n
g
e
n
t
i
a
l
c
u
r
v
e
,
c
c
n
c
a
v
e
to the West havin
g
a
r
a
d
i
u
s
o
f
4
7
5
.
8
3
f
e
e
t
a
n
d
a
c
e
n
t
r
a
l
a
n
g
l
e
o
f
23 degrees 51 min
u
t
e
s
5
3
s
e
c
o
n
d
s
;
t
h
e
n
c
e
S
o
u
t
h
8
9
d
e
g
r
e
e
s
5
9
minutes 45 second
s
E
a
s
t
n
o
t
t
a
n
g
e
n
t
C
O
t
h
e
l
a
s
t
d
e
s
c
r
i
b
e
d
c
o
u
r
s
e
a distance of 252
.
1
5
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
6
1
d
e
g
r
e
e
s
3
0
m
i
n
u
t
e
s
2
3
seconds East a di
s
t
a
n
c
e
o
f
1
1
3
.
0
5
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
7
5
d
e
g
r
e
e
s
DO minutes 00 se
c
o
n
d
s
E
a
s
t
a
d
i
s
t
a
n
c
e
o
f
5
3
.
1
0
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
68 degrees 07 mi
n
u
t
e
s
0
0
s
e
c
o
n
d
s
E
a
s
t
a
d
i
s
t
a
n
c
e
1
1
1
.
8
2
f
e
e
t
t
o
the easterly line
o
f
s
a
i
d
O
u
t
l
e
t
M
a
n
d
s
a
i
d
l
i
n
e
t
h
e
r
e
terminating.
Glenshire
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered in
t
o
a
s
o
f
_
1988, by
EDEN LAND SALES, INC., a Minnesota
c
o
r
p
o
r
a
t
i
o
n
,
a
n
d
A
S
S
O
C
I
A
T
E
D
I
N
V
E
S
T
M
E
N
T
S
,
I
N
C
.
,
a
Minnesota corporation, hereinafter
j
o
i
n
t
l
y
r
e
f
e
r
r
e
d
t
o
a
s
"
D
e
v
e
l
o
p
e
r
,
"
a
n
d
t
h
e
C
I
T
Y
OF EDEN PRAIRIE, a municipal corpo
r
a
t
i
o
n
,
h
e
r
e
i
n
a
f
t
e
r
r
e
f
e
r
r
e
d
t
o
a
s
"
C
i
t
y
:
"
WITNESSETH:
WHEREAS, Developer has applied to C
i
t
y
f
o
r
P
l
a
n
n
e
d
U
n
i
t
D
e
v
e
l
o
p
m
e
n
t
C
o
n
c
e
p
t
on 30.6 acres, Planned Unit Develop
m
e
n
t
D
i
s
t
r
i
c
t
R
e
v
i
e
w
o
n
3
0
.
6
a
c
r
e
s
,
w
i
t
h
w
a
i
v
e
r
s
,
and Zoning District Change from R
u
r
a
l
t
o
t
h
e
P
U
O
-
6
-
8
8
-
R
1
-
9
.
5
o
n
1
3
.
9
a
c
r
e
s
,
a
n
d
Preliminary Plat of 30.6 acres into
4
5
l
o
t
s
,
t
w
o
o
u
t
l
o
t
s
,
a
n
d
r
o
a
d
r
i
g
h
t
-
o
f
-
w
a
y
f
o
r
construction of single family resi
d
e
n
t
i
a
l
u
n
i
t
s
,
a
l
l
s
i
t
u
a
t
e
d
i
n
H
e
n
n
e
p
i
n
C
o
u
n
t
y
,
State of Minnesota, more fully des
c
r
i
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
m
a
d
e
a
part hereof, and said acreage herein
a
f
t
e
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 o
f
t
h
e
C
i
t
y
a
d
o
p
t
i
n
g
O
r
d
i
n
a
n
c
e
#
2
4
-
8
8
-
P
U
D
-
6-88, Developer covenants and a
g
r
e
e
s
t
o
c
o
n
s
t
r
u
c
t
i
o
n
u
p
o
n
,
d
e
v
e
l
o
p
m
e
n
t
,
a
n
d
maintenance of said property as fol
l
o
w
s
:
1. Developer shall develop the pro
p
e
r
t
y
i
n
c
o
n
f
o
r
m
a
n
c
e
w
i
t
h
t
h
e
materials revised and dated May 2
6
,
1
9
8
8
,
r
e
v
i
e
w
e
d
a
n
d
a
p
p
r
o
v
e
d
b
y
the City Council on June 7, 1988,
a
n
d
a
t
t
a
c
h
e
d
h
e
r
e
t
o
a
s
E
x
h
i
b
i
t
8
,
subject to such changes and mod
i
f
i
c
a
t
i
o
n
s
a
s
p
r
o
v
i
d
e
d
h
e
r
e
i
n
.
Developer shall not develop, c
o
n
s
t
r
u
c
t
u
p
o
n
,
o
r
m
a
i
n
t
a
i
n
t
h
e
property in any other respect or ma
n
n
e
r
t
h
a
n
p
r
o
v
i
d
e
d
h
e
r
e
i
n
.
2. Developer covenants and agrees to
t
h
e
p
e
r
f
o
r
m
a
n
c
e
a
n
d
o
b
s
e
r
v
a
n
c
e
b
y
Developer at such times and in su
c
h
m
a
n
n
e
r
a
s
p
r
o
v
i
d
e
d
t
h
e
r
e
i
n
o
f
all of the terms, covenants, agreem
e
n
t
s
,
a
n
d
c
o
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
p
a
r
t
h
e
r
e
o
f
.
3. Prior to issuance of any buildi
n
g
p
e
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
E
n
g
i
n
e
e
r
,
a
n
d
r
e
c
e
i
v
e
t
h
e
C
i
t
y
Engineer's approval of plans for
s
t
r
e
e
t
s
,
s
a
n
i
t
a
r
y
s
e
w
e
r
,
w
a
t
e
r
,
storm sewer, and erosion control fo
r
t
h
e
p
r
o
p
e
r
t
y
.
Upon approval by the City En
g
i
n
e
e
r
,
D
e
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, th
o
s
e
i
m
p
r
o
v
e
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 Ci
t
y
E
n
g
i
n
e
e
r
,
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.
4. Developer shall notify the Ci
t
y
a
n
d
t
h
e
W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
4
8
h
o
u
r
s
prior to any grading, tree re
m
o
v
a
l
,
o
r
t
r
e
e
c
u
t
t
i
n
g
o
n
t
h
e
p
r
o
p
e
r
t
y
.
5. Prior to release by the City
o
f
t
h
e
f
i
n
a
l
p
l
a
t
,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
o
provide to City security for
r
e
p
l
a
c
e
m
e
n
t
o
f
3
4
5
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
trees which are to be removed
f
r
o
m
t
h
e
p
r
o
p
e
r
t
y
d
u
r
i
n
g
c
o
n
s
t
r
u
c
t
i
o
n
,
as approved by the City.
S
a
i
d
s
e
c
u
r
i
t
y
s
h
a
l
l
b
e
p
r
o
v
i
d
e
d
i
n
accordance with the terms a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
t
h
e
T
r
e
e
P
r
e
s
e
r
v
a
t
i
o
n
Policy, attached hereto as E
x
h
i
b
i
t
D
,
a
n
d
m
a
d
e
a
p
a
r
t
h
e
r
e
o
f
.
Prior to issuance of any grad
i
n
g
p
e
r
m
i
t
u
p
o
n
t
h
e
p
r
o
p
e
r
t
y
,
D
e
v
e
l
o
p
e
r
shall submit to the Director
o
f
P
l
a
n
n
i
n
g
,
a
n
d
r
e
c
e
i
v
e
t
h
e
D
i
r
e
c
t
o
r
'
s
approval of, a tree replacem
e
n
t
p
l
a
n
f
o
r
s
a
i
d
3
4
5
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
trees.
Upon approval by the Direc
t
o
r
o
f
P
l
a
n
n
i
n
g
,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
o
implement, or cause to be im
p
l
e
m
e
n
t
e
d
,
s
a
i
d
t
r
e
e
r
e
p
l
a
c
e
m
e
n
t
p
l
a
n
,
in accordance witi- the tree replacement policy
o
f
t
h
e
C
i
t
y
,
a
t
t
a
c
h
e
d
hereto as Exhibit D, and made
a
p
a
r
t
h
e
r
e
o
f
.
6. Developer agrees to implement
e
r
o
s
i
o
n
c
o
n
t
r
o
l
m
e
a
s
u
r
e
s
a
n
d
a
d
e
q
u
a
t
e
protective measures for ar
e
a
s
t
o
b
e
p
r
e
s
e
r
v
e
d
a
n
d
a
r
e
a
s
w
h
e
r
e
grading is not to occur, a
n
d
t
o
r
e
c
e
i
v
e
C
i
t
y
a
p
p
r
o
v
a
l
o
f
s
a
i
d
measures. Developer agrees
t
h
a
t
s
a
i
d
p
r
o
t
e
c
t
i
v
e
m
e
a
s
u
r
e
s
s
h
a
l
l
include, but not be limited to
:
A. Grading shall be confined
t
o
t
h
a
t
a
r
e
a
o
f
t
h
e
p
r
o
p
e
r
t
y
within the construction limit
s
.
B. Snow fencing shall . be placed at the construction
l
i
m
i
t
s
within the wooded ai.eas of the property prior to
a
n
y
g
r
a
d
i
n
g
upon the property.
C. City shall perform an on-site
i
n
s
p
e
c
t
i
o
n
o
f
s
a
i
d
p
r
o
t
e
c
t
i
v
e
measures on the property
b
y
t
h
e
C
i
t
y
.
D
e
v
e
l
o
p
e
r
s
h
a
l
l
contact City for said inspe
c
t
i
o
n
.
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
h
a
t
defects in materials and wo
r
k
m
a
n
s
h
i
p
i
n
t
h
e
i
m
p
l
e
m
e
n
t
a
t
i
o
n
of said measures shall then b
e
d
e
t
e
r
m
i
n
e
d
b
y
t
h
e
C
i
t
y
.
D. Defects in materials or w
o
r
k
m
a
n
s
h
i
p
,
i
f
a
n
y
,
s
h
a
l
l
b
e
corrected by Developer. Dev
e
l
o
p
e
r
a
g
r
e
e
s
t
o
c
a
l
l
C
i
t
y
f
o
r
reinspection of the implemen
t
a
t
i
o
n
m
e
a
s
u
r
e
s
,
a
n
d
t
o
r
e
c
e
i
v
e
approval by the City prior to
i
s
s
u
a
n
c
e
o
f
t
h
e
g
r
a
d
i
n
g
p
e
r
m
i
t
by the City. Approval of ma
t
e
r
i
a
l
s
a
n
d
w
o
r
k
m
a
n
s
h
i
p
m
a
y
b
e
subject to such conditions
a
s
t
h
e
C
i
t
y
m
a
y
i
m
p
o
s
e
a
t
t
h
e
time of acceptance.
7. Prior to issuance of any gr
a
d
i
n
g
p
e
r
m
i
t
,
D
e
v
e
l
o
p
e
r
s
h
a
l
l
s
u
b
m
i
t
t
o
the Director of Planning and receive the Director's approval of a
tree inventory of those trees within 25 ft. outside of the
construction area, which are not planned to be removed by
construction on the property as approved by City, indicating the
size, type, and location of all trees twelve (12) inches in
diameter, or greater, at a level 4.5 feet above ground level.
8. If any such trees are removed, damaged, or destroyed outside of the
construction area, Developer agrees that prior to issuance of any
building permit for the property, Developer shall:
A. Submit to the Director of Planning, and receive the
Director's approval of a reforestation plan for all trees
removed, damaged, or destroyed outside of the construction
area. Said plan shall indicate that the trees shall be
replaced by similar tree species and that the trees used for
reforestation shall be no less than three inches in
diameter. The amount of trees to be replaced shall be
determined by the Director of Planning, using a square inch
per square inch basis, according to the area of the circle
created by a cross sectional cut through the diameter of a
tree as measured 4.5 feet above the ground.
B. Prepare and submit to the Director of Planning, and receive
the Director's approval of a written estimate of the costs
of the reforestation work to be completed.
C. Submit a bond, or letter of credit, guaranteeing completion
of all reforestation work as approved by the Director of
Planning. Developer agrees that the amount of the bond, or
letter of credit, shall be 150% of the approved estimated
cost of implementation of all reforestation work and shall
be in such form and contain such other provisions and terms
as may be required by the Director of Planning.
Upon approval by the Director of Planning, Developer shall
implement, or cause to be implemented, those improvements listed
above in said plans, as approved by the Director of Planning.
9. Concurrent with street and utility construction on the property,
Developer agrees to construct, or cause to be constructed, a five-
foot wide, five-inch thick concrete sidewalk in the following
locations depicted in Exhibit B, attached hereto:
A. Along the west and north sides of Crestview Lane
B. Along the east side of Edenvale Boulevard adjacent to the
area to be zoned R1-9.5.
C. Along the south side of Woodland Drive.
Developer agrees that construction of said sidewalks shall be in
accordance with City, standards and specifications and in accordance
with the terms and conditions of Exhibit C, attached hereto.
10. Prior to issuance of any buildin
g
p
e
r
m
i
t
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
o
f
P
a
r
k
s
,
R
e
c
r
e
a
t
i
o
n
,
a
n
d
N
a
t
u
r
a
l
Resources, and to obtain the
D
i
r
e
c
t
o
r
'
s
a
p
p
r
o
v
a
l
o
f
p
l
a
n
s
f
o
r
closing off the park access loc
a
t
e
d
o
n
t
h
e
w
e
s
t
s
i
d
e
o
f
E
d
e
n
v
a
l
e
Boulevard at the intersection o
f
C
r
e
s
t
v
i
e
w
a
n
d
f
o
r
r
e
s
t
o
r
a
t
i
o
n
o
f
the closed access area. Develop
e
r
a
g
r
e
e
s
t
h
a
t
t
h
e
p
l
a
n
s
t
o
c
l
o
s
e
said access will consist of berm
i
n
g
t
o
m
a
t
c
h
t
h
e
e
x
i
s
t
i
n
g
g
r
a
d
e
s
o
n
either side of said access and
r
e
s
t
o
r
a
t
i
o
n
o
f
t
h
e
n
e
w
b
e
r
m
w
i
t
h
seed, or sod, and appropriate
p
l
a
n
t
i
n
g
s
,
a
l
l
a
s
a
p
p
r
o
v
e
d
b
y
t
h
e
Director of Parks, Recreation, a
n
d
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
.
After approval by the Director
o
f
P
a
r
k
s
,
R
e
c
r
e
a
t
i
o
n
,
a
n
d
N
a
t
u
r
a
l
Resources, Developer agrees
t
h
a
t
s
a
i
d
b
e
r
m
,
r
e
s
t
o
r
a
t
i
o
n
,
a
n
d
plantings shall be installed
c
o
n
c
u
r
r
e
n
t
w
i
t
h
s
t
r
e
e
t
a
n
d
u
t
i
l
i
t
y
construction on the property.
11. Developer and City acknowledge t
h
a
t
O
u
t
l
o
t
A
,
a
s
d
e
p
i
c
t
e
d
o
n
E
x
h
i
b
i
t
B, attached hereto, is designate
d
o
n
t
h
e
C
i
t
y
'
s
C
o
m
p
r
e
h
e
n
s
i
v
e
G
u
i
d
e
Plan as a Medium Density Resid
e
n
t
i
a
l
l
a
n
d
u
s
e
,
n
o
t
t
o
e
x
c
e
e
d
3
-
5
units per acre, unless substantiated by
D
e
v
e
l
o
p
e
r
.
F
u
r
t
h
e
r
,
Developer agrees that the deve
l
o
p
m
e
n
t
p
l
a
n
f
o
r
f
u
t
u
r
e
t
o
w
n
h
o
u
s
e
s
shall provide a physical transit
i
o
n
t
o
t
h
e
s
u
r
r
o
u
n
d
i
n
g
s
i
n
g
l
e
f
a
m
i
l
y
lots and that units shall b
e
d
e
s
i
g
n
e
d
t
o
b
e
r
e
s
i
d
e
n
t
i
a
l
i
n
character, with staggered roofli
n
e
s
a
n
d
b
u
i
l
d
i
n
g
j
o
g
s
t
o
h
e
l
p
r
e
d
u
c
e
the overall building mass. Devel
o
p
e
r
a
l
s
o
a
g
r
e
e
s
t
h
a
t
h
e
a
v
y
landscaping shall also be em
p
l
o
y
e
d
t
o
h
e
l
p
p
r
o
v
i
d
e
a
b
e
t
t
e
r
transition to the single family a
r
e
a
.
ILIFT.
Glenshire
OWNER'S SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
EDEN LAND SALES, INC. AND ASSOCIATED IN
V
E
S
T
M
E
N
T
S
,
I
N
C
.
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as
o
f
, 1988, by
and between Edenvale Investors, a M
i
n
n
e
s
o
t
a
g
e
n
e
r
a
l
p
a
r
t
n
e
r
s
h
i
p
,
h
e
r
e
i
n
a
f
t
e
r
referred to as "Owner," and the City
o
f
E
d
e
n
P
r
a
i
r
i
e
,
h
e
r
e
i
n
a
f
t
e
r
r
e
f
e
r
r
e
d
t
o
a
s
"City:"
For and in consideration of, and to in
d
u
c
e
,
C
i
t
y
t
o
a
d
o
p
t
O
r
d
i
n
a
n
c
e
#
2
4
-
8
8
-
PUD-6-88 changing the zoning of the p
r
o
p
e
r
t
y
o
w
n
e
d
b
y
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
to the PUD-6-88-R1-9.5 District, as mo
r
e
f
u
l
l
y
d
e
s
c
r
i
b
e
d
i
n
t
h
a
t
c
e
r
t
a
i
n
D
e
v
e
l
o
p
e
r
'
s
Agreement entered into as of
, 1988, by and between Eden Land
Sales, Inc., and Associated Investment
s
,
I
n
c
.
,
a
n
d
C
i
t
y
,
O
w
n
e
r
a
g
r
e
e
s
w
i
t
h
t
h
e
C
i
t
y
as follows:
1. If Eden Land Sales, Inc., and Associat
e
d
I
n
v
e
s
t
m
e
n
t
s
,
I
n
c
.
,
f
a
i
l
t
o
proceed in accordance with the Devel
o
p
e
r
'
s
A
g
r
e
e
m
e
n
t
w
i
t
h
i
n
2
4
months of the date hereof, Owner shal
l
n
o
t
o
p
p
o
s
e
t
h
e
r
e
z
o
n
i
n
g
o
f
the property to Rural.
2. This Agreement shall be binding upon
a
n
d
e
n
f
o
r
c
e
a
b
l
e
a
g
a
i
n
s
t
O
w
n
e
r
,
their successors, heirs, and assigns o
f
t
h
e
p
r
o
p
e
r
t
y
.
3. If the Owner transfers such prope
r
t
y
,
O
w
n
e
r
s
h
a
l
l
o
b
t
a
i
n
a
n
agreement from the transferree r .equiring that such transferee agree to the terms of the Developer's Agreem
e
n
t
.
CITY
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
Glenshire Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 88-130
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 24-88-PUD-6-88 AND ORDER
I
N
G
T
H
E
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 24-88-PUD-6-88
w
a
s
a
d
o
p
t
e
d
a
n
d
o
r
d
e
r
e
d
p
u
b
l
i
s
h
e
d
a
t
a
regular meeting of 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
o
n
t
h
e
5
t
h
d
a
y
o
f
July, 1988;
NOW, THEREFORE, BE IT RESOLVED BY T
H
E
C
I
T
Y
C
O
U
N
C
I
L
O
F
T
H
E
C
I
T
Y
O
F
E
D
E
N
PRAIRIE:
A. That the text of the summary of Ordin
a
n
c
e
N
o
.
2
4
-
8
8
-
P
U
D
-
6
-
8
8
,
w
h
i
c
h
is attached hereto, is approved, and
t
h
e
C
i
t
y
C
o
u
n
c
i
l
f
i
n
d
s
t
h
a
t
said text clearly informs the publi
c
o
f
t
h
e
i
n
t
e
n
t
a
n
d
e
f
f
e
c
t
o
f
said ordinance.
B. That said text shall be published once
i
n
t
h
e
E
d
e
n
P
r
a
i
r
i
e
N
e
w
s
i
n
a
body type no smaller than brevier or e
i
g
h
t
-
p
o
i
n
t
t
y
p
e
,
a
s
d
e
f
i
n
e
d
i
n
Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance
s
h
a
l
l
b
e
m
a
d
e
a
v
a
i
l
a
b
l
e
f
o
r
inspection by any person during regul
a
r
o
f
f
i
c
e
h
o
u
r
s
a
t
t
h
e
o
f
f
i
c
e
of the City Clerk and a copy of the
e
n
t
i
r
e
t
e
x
t
o
f
t
h
e
O
r
d
i
n
a
n
c
e
shall be posted in the City Hall.
D. That Ordinance No. 24-88-PUD-6-88 shall
b
e
r
e
c
o
r
d
e
d
i
n
t
h
e
o
r
d
i
n
a
n
c
e
book, along with proof of publicati
o
n
r
e
q
u
i
r
e
d
b
y
p
a
r
a
g
r
a
p
h
B
herein, within 20 days after said publi
c
a
t
i
o
n
.
ADOPTED by the City Council on July 5,
1
9
8
8
.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
14,1
Glenshire Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 24-88-PUD-6-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MI
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 ANOTHER, A
M
E
N
D
I
N
G
T
H
E
L
E
G
A
L
D
E
S
C
R
I
P
T
I
O
N
S
O
F
L
A
N
D
IN EACH DISTRICT, AND ADOPTING BY REFERENCE
C
I
T
Y
C
O
D
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 PENALTY PR
O
V
I
S
I
O
N
S
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,
M
I
N
N
E
S
O
T
A
,
O
R
D
A
I
N
S
:
Summary: This Ordinance allows rezoning of land l
o
c
a
t
e
d
a
t
t
h
e
northeast corner of Valley View Road and Eden
v
a
l
e
B
o
u
l
e
v
a
r
d
f
r
o
m
t
h
e
R
u
r
a
l
D
i
s
t
r
i
c
t
to the PUD-6-88-R1-9.5 District, subject
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, included
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 upon public
a
t
i
o
n
.
ATTEST:
/s/John D. Frane
/s/Gary D. Peterson City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the
day of
, 1988.
(A full copy of the text of this Ordinance is av
a
i
l
a
b
l
e
f
r
o
m
t
h
e
C
i
t
y
C
l
e
r
k
.
)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 88-131
A RESOLUTION APPROVING PRELIMINARY AND
FINAL PLAT OF RAVEN WOOD 2ND ADDITION
WHEREAS, the plat of RAVEN WOOD 2ND ADDITION has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under
Chapter 462 of the Minnesota Statutes and all proceedings have been duly had
thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the
regulations and requirements of the laws of the State of Minnesota and
ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE:
A. Plat approval request for RAVEN WOOD 2ND ADDITION is approved upon
compliance with the recommendation of the City Engineer's report on
this plat dated JUNE 29, 1988.
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 JULY 5, 1988.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
(
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technician
DATE: June 29, 1988
SUBJECT: RAVEN WOOD 2ND ADDITION
PROPOSAL: The Developers, The Cambridge Group, have requested City Council
approval of the preliminary and final plat of Raven Wood 2nd Addition.
Located northeast of Edenvale Boulevard and southwest of Raven Court,
the plat contains 3.04 acres to be divided into 16 multi-family lots.
This proposal is a replat of Raven Wood to expand the building envelopes
of the townhouse units to accomodate the construction of decks and
porches located at the rear of the structures. This expanded building
area is approximately 8 feet in width around the perimeter of the
previously platted lots, with the additional space coming from the
common area.
HISTORY: The Developer's Agreement referred to within this report was
executed November 17, 1987.
The approval of the preliminary plat is being requested at this City
Council meeting.
The second reading of Ordinance #50-87, ammending Zoning District
within the RM-6.5 District, was finally read and approved by the City
Council November 17, 1987. r
VARIANCES: All variance requests must be processed through the Board of
Appeals.
UTILITIES AND STREETS: Municipal utilities presently exist to serve this
site, and provisions were made with the original Raven Wood to provide
services to each individual townhouse.
RECOMMENDATION: Recommend approval of the final plat of Raven Wood 2nd
Addition subject to the requirements of this report, the Developer's
Agreement and the following:
1. Receipt of the engineering fee in the amount of $250.00.
JJ:ss
cc: The Cambridge Group -
Ron Krueger and Associates
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 88-132
A RESOLUTION APPROVING FINAL PLAT OF
BARTH ADDITION
WHEREAS, the plat of BARTH ADDITION has been submitted in a manner required
for platting land under the Eden Prairie Ordinance Code and under Chapter 462
of the Minnesota Statutes and all proceedings have been duly had thereunder,
and
WHEREAS, said plat is in all respects consistent with the City plan and the
regulations and requirements of the laws of the State of Minnesota and
ordinances of the City of Eden Prairi3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE:
A. Plat approval request for BARTH ADDITION is approved upon compliance with the recommendation of the City Engineer's report on
this plat dated JUNE 29, 1988.
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 Councll on JULY 5, 1988.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
41
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)0,,
()-
DATE: June 29, 1988
SUBJECT: BARTH ADDITION
PROPOSAL: William Barth has requested City Council a
p
p
r
o
v
a
l
o
f
a
f
i
n
a
l
p
l
a
t
o
f
Barth Addition, a single family residential
s
u
b
d
i
v
i
s
i
o
n
l
o
c
a
t
e
d
b
e
t
w
e
e
n
Hilltop and Valley Roads and west of Eden Prai
r
i
e
R
o
a
d
i
n
t
h
e
s
o
u
t
h
h
a
l
f
o
f
Section 20. The plat contains 1.55 acres to b
e
d
i
v
i
d
e
d
i
n
t
o
t
w
o
l
o
t
s
.
L
o
t
1 contains the Barth homestead and Lot 2 wil
l
b
e
a
n
e
w
l
y
c
r
e
a
t
e
d
l
o
t
f
o
r
eventual construction of a single family home.
HISTORY: The preliminary plat was approved by the Cit
y
C
o
u
n
c
i
l
J
u
n
e
2
1
,
1
9
8
8
,
per Resolution No. 88-114.
This property was originally zone R1-22 in 1
9
6
9
,
a
n
d
n
o
c
h
a
n
g
e
i
n
z
o
n
i
n
g
is requested with this proposal.
VARIANCES: All variance requests must be processed thr
o
u
g
h
t
h
e
B
o
a
r
d
o
f
A
p
p
e
a
l
s
.
UTILITIES AND STREETS: Currently City sanitary sewer and water do no
t
e
x
i
s
t
t
o
serve this site and the proposed lot will b
e
o
n
a
p
r
i
v
a
t
e
w
e
l
l
a
n
d
s
e
p
t
i
c
system. Both the Hilltop and Valley Road are
u
n
i
m
p
r
o
v
e
d
r
u
r
a
l
t
y
p
e
s
t
r
e
e
t
s
.
No improvements to these streets would be p
r
o
p
o
s
e
d
w
i
t
h
t
h
i
s
s
u
b
d
i
v
i
s
i
o
n
.
As described in the Staff Report dated June 1
0
,
1
9
8
8
,
t
h
e
r
e
i
s
a
s
t
o
r
m
s
e
w
e
r
outlet pipe on proposed Lot 2 that carries
d
r
a
i
n
a
g
e
f
r
o
m
H
i
l
l
t
o
p
R
o
a
d
a
n
d
the surrounding area. There is a 20-foot wide
d
r
a
i
n
a
g
e
a
n
d
u
t
i
l
i
t
y
e
a
s
e
m
e
n
t
on the west side of Lot 2 intended to be ke
p
t
i
n
a
n
a
t
u
r
a
l
s
t
a
t
e
t
o
l
i
m
i
t
any potential for erosion on the property.
PARK DEDICATION: Park dedication shall consist of payment of
c
a
s
h
p
a
r
k
f
e
e
s
a
t
time of building permit issuance.
RECOMMENDATION: Recommend approval of the final plat of Barth
A
d
d
i
t
i
o
n
s
u
b
j
e
c
t
to the requirements of this report, the Sta
f
f
R
e
p
o
r
t
d
a
t
e
d
J
u
n
e
1
0
,
1
9
8
8
,
and the following:
1. Receipt of engineering fee in the amount of $
2
5
0
.
0
0
JJ:ss
cc: William Barth
HTPO, Inc.
Wk),
I CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 88-133
A RESOLUTION APPROVING FINAL PLAT OF
GLENSHIRE
WHEREAS, the plat of GLENSHIRE has been submitted in a manner requ
i
r
e
d
f
o
r
platting land under the Eden Prairie Ordinance Code and under Chapter
4
6
2
o
f
the Minnesota Statutes and all proceedings have been duly had thereund
e
r
,
a
n
d
WHEREAS, said plat is in all respects consistent with the City plan
a
n
d
t
h
e
regulations and requirements of the laws of the State of Minnes
o
t
a
a
n
d
ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
P
R
A
I
R
I
E
:
A. Plat approval request for GLENSHIRE is approved upon compliance
with the recommendation of the City Engineer's report on this plat
dated JUNE 30, 1988.
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 JULY 5, 1988.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
CITY OF COEN 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: June 30, 1988
SUBJECT: GLENSHIRE
PROPOSAL: The Developers, Eden Land Sales, Inc. and Associated Investment,
Inc., have requested City Council approval of the
f
i
n
a
l
p
l
a
t
o
f
Glenshire, a single family residential subdivision l
o
c
a
t
e
d
s
o
u
t
h
o
f
Woodland Drive, east of Edenvale Boulevard, north of
V
a
l
l
e
y
V
i
e
w
R
o
a
d
i
n
the north half of Section 9. The plat contiins 30.6 a
c
r
e
s
t
o
b
e
d
i
v
i
d
e
d
into 45 single family lots, three outlots and right
-
o
f
-
w
a
y
d
e
d
i
c
a
t
i
o
n
for street purposes. Outlots A, B and C contain 10.3, 6.1 and 0.004
acres respectively. Ownership of Outlots A and B will be retained by
the Developer for future development. Outlot C shall be dedicated to
the City for right-of-way purposes.
HISTORY: The preliminary plat was approved by the Council Jun
e
7
,
1
9
8
8
p
e
r
Resolution #88-105.
The second reading of Ordinance #24-88-PUD-6-88, ch
a
n
g
i
n
g
t
h
e
Z
o
n
i
n
g
Districts from Rural to PUD-6-88-R1-9.5, is scheduled
f
o
r
f
i
n
a
l
r
e
a
d
i
n
g
and approval by the City Council July 5, 1988.
The Developer's Agreement referred to within this re
p
o
r
t
i
s
s
c
h
e
d
u
l
e
d
for execution July 5, 1988.
VARIANCES: All variance requests not previously granted through th
e
P
l
a
n
n
e
d
Unit Development District Review must be processed thr
o
u
g
h
t
h
e
B
o
a
r
d
o
f
Appeals.
UTILITIES AND STREETS: All municipal utilities, roadways and walkways will b
e
installed throughout the plat in conformance with City
S
t
a
n
d
a
r
d
s
a
n
d
t
h
e
requirements of the Developer's Agreement.
Prior to release of the final plat the Developer shall
p
r
o
v
i
d
e
t
h
e
C
i
t
y
with a temporary cul-de-sac easement at the terminu
s
o
f
G
l
e
n
C
r
e
s
t
.
With the intent of avoiding duplicate and similar soun
d
i
n
g
s
t
r
e
e
t
n
a
m
e
s
,
the Developer shall rename Crestview and Glen Crest st
r
e
e
t
n
a
m
e
s
.
L
o
t
2
Block 2 does not meet minimum 9,500 square foot lot s
i
z
e
a
n
d
s
h
a
l
l
b
e
revised to meet minimum lot size. Plat shall be re
v
i
s
e
d
t
o
i
n
c
l
u
d
e
existing drainage and utility easement at the northeast
c
o
r
n
e
r
o
f
V
a
l
l
e
y
View Road and Edenvale Boulevard.
PAGE 2 OF 2 GLENSHIRE JUNE 30, 1983
PARK DEDICATION: The requirements for park dedication are covered in th
e
Developer's Agreement.
BONDING: Bonding must conform to City Code and the Developer's
A
g
r
e
e
m
e
n
t
requirements.
RECOMMENDATION: Recommend approval of the final plat of Glenshire subjec
t
t
o
the requirements of this report, the Developer's Agree
m
e
n
t
a
n
d
t
h
e
following:
1. Receipt of street sign fee of $1,051.00.
2. Receipt of street lighting fee of $4,860.00.
3. Receipt of engineering fee of $1,800.00.
4. Receipt of temporary cul-de-sac easement.
5. Revision of plat to include existing drainage and utility eas
e
m
e
n
t
.
6. Revision of Lot 2 Block 2 to meet minimum lot size require
m
e
n
t
s
.
7. Satisfaction of bonding requirements.
8. Receipt of warranty deed for Outlot C.
JJ:ss
cc: Eden Land Sales
Associated Investments
HTPO, Inc.
-MEMORANDUM-
TO: Mayor and City Council
FROM: Jeff Johnson, Engineering Technician '
THROUGH: Alan D. Gray, City Engineer
DATE: June 30, 1988
SUBJECT: GRADING PERMIT FOR EDEN PRAIRIE HIGH SCHOOL PARK
I
N
G
L
O
T
Cunningham Architects, on behalf of the Eden Prairie S
c
h
o
o
l
D
i
s
t
r
i
c
t
,
i
s
requesting City Council approval of a grading permit to
e
x
p
a
n
d
t
h
e
p
a
r
k
i
n
g
lot and install an entry drive at the Eden Prairie High S
c
h
o
o
l
.
T
h
i
s
r
e
q
u
e
s
t
consists of grading additional parking area to the rear o
f
t
h
e
h
i
g
h
s
c
h
o
o
l
,
installation of bituminous surfacing, concrete curb and g
u
t
t
e
r
,
i
n
s
t
a
l
l
a
t
i
o
n
of storm sewer catch basins, additional ponding areas to
a
c
c
e
p
t
s
t
o
r
m
w
a
t
e
r
runoff, and installation of plant and landscape material
s
.
P
l
e
a
s
e
r
e
f
e
r
t
o
enclosed plans.
Recommend City Council approval of Eden Prairie School Dist
r
i
c
t
'
s
r
e
q
u
e
s
t
f
o
r
a grading permit to expand the high school parking lot
s
u
b
j
e
c
t
t
o
p
l
a
n
s
meeting minimum Code requirements for parking areas.
JJ:ss
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 88-134
RESOLUTION SETTING PUBLIC HEARING
WHEREAS, a report has been given by the City Engineer through Han
s
o
n
T
h
o
r
p
Pellinen and Olson to the City Council recommending the fo
l
l
o
w
i
n
g
improvements to wit:
I.C. 52-131 (Street Improvements on Hamilton Road)
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
I. The Council will consider the aforesaid improvements in accordance
with the report and the assessment of property abutting or with
i
n
said boundaries for all or a portion of the cost of the improvemen
t
pursuant to M.S.A. Section 429.011 to 429.111, at an estimat
e
d
total cost of the improvements as shown.
2. A public hearing shall be held on such proposed improvement o
n
August 2, 1988 at 7:30 P.M. at the Eden Prairie City Hall, 760
0
Executive Drive. The City Clerk shall give published and maile
d
notice of such hearing on the improvements as required by law.
ADOPTED by the Eden Prairie City Council on July 5, 1988.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
-MEMORANDUM-
TO:
Mayor Peterson and City Council Members
FROM: Alan D. Gray, P.E.
City Engineer
THROUGH: Carl J. Jullie, City Manager
DATE: June 29, 1988
RE:
GRADING PERMIT FOR WILLIAMS PIPE LINE COMPANY
The Williams Pipe Line Company has applied for a grading permit for the work
associated with the construction of 1,130 feet of 12-inch diameter petroleum
product pipeline in the vicinity of the MWCC river siphon facility adjacent
to West Riverview Drive. The segment of pipeline that will be reconstructed
was a causality of the July 23, 1987 rainstorm event. Shortly after the July
23, 1987 storm event which caused the failure of the MWCC siphon facility and
the breech in the Williams Pipe Line facility the temporary bypass pipeline
as shown on Drawing No. S-6523 attached to this memorandum was constructed.
The currently proposed project will abandon the temporary bypass line and
reestabalish the line in the existing permanent easement.
City Code Section 11.55 defines land alteration in part as "any excavating,
grading, clearing, filling or other earth change which may result in the
movement of more than 100 cubic yards of earth, ...". The installation of
1,130 feet of 12-inch diameter pipe at a depth of approximately four feet
would fall within the definition of land alteration. For this reason it is
appropriate that Williams Pipe Line Company apply for a grading permit.
Williams Pipe Line Company has submitted the following documents with their
application for a land alternation or grading permit:
1. Drawing No. S-6523 showing the proposed plan and profile views of
the product pipeline to be installed and the temporary product
pipeline to be removed.
2,, Drawing No. STD-1010 showing the typical installation detail for a
steel product pipeline.
3. Letter dated June 1, 1988
4. Letter dated June 23, 1988
5. Soil boring report prepared by Braun Engineering Testing dated June
17, 1988.
The Engineering Department of the City of Eden Prairie has not performed a
technical review of the construction details and maintenance procedures as
1
outlined in the documents referenced above. The technical review should be
performed by the Federal and/or State agencies which regulate these types of
facilities.
Due to the scope of the excavation involved and the location of the
excavations on the river bluff, it is appropriate that Williams Pipe Line
Company apply for a grading permit. The Engineering Department recommends
the issuance of a grading permit subject to the following conditions:
1. Williams Pipe Line Company shall submit all of the above referenced
documents to the Federal and/or State agencies which have
regulatory authority over product pipeline facilities. Williams
Pipe Line Company shall provide documentation that the appropriate
agencies have reviewed the referenced documents and approve of the
technical specifications for construction and maintenance of the
proposed segment of the product pipeline.
2. Disturbed turf areas shall be restored with a minimum of six inches
of top soil borrow, seeded with a mixture incorporating plant types
that are natural to the river bluff slopes as well as a nurse crop,
and covered with an excelsior blanket or other acceptable erosion
control mat.
3. The schedule for construction and restoration of disturbed areas be
coordinated with the MWCC who is in possession of a City of Eden
Prairie grading permit for restoration of the river bluff area
reconstructed subsequent to the July 23, 1987 storm event.
ADG:ss
Attachments
2
EDEN PRAIRIE, MINNESOTA
WATER WORKS IMPROVEMENTS
CITY PROJECT NO. 52-072A
CONTRACT NO. 1
WATER TREATMENT PLANT IMPROVEME
N
T
S
CHANGE ORDER NO. 3
I. SCOPE
This Change Order No. 3 will ad
j
u
s
t
t
h
e
C
o
n
t
r
a
c
t
p
r
i
c
e
t
o
a
c
c
o
u
n
t
f
o
r
the following items: A. Electr
i
c
a
l
M
o
d
i
f
i
c
a
t
i
o
n
s
f
o
r
t
h
e
N
e
w
H
i
g
h
Service Pumps; B. Additional Ve
n
t
i
n
g
C
a
p
a
c
i
t
y
f
o
r
t
h
e
2
4
-
i
n
c
h
W
a
s
h
Water Line; C. Credit for Actua
l
C
o
s
t
o
f
V
i
n
y
l
-
C
o
a
t
e
d
F
a
b
r
i
c
W
a
l
l
Covering; D. Adjustable Frequen
c
y
D
r
i
v
e
f
o
r
S
e
c
o
n
d
a
r
y
B
a
s
i
n
N
o
.
1
Flocculators; and E. Expansion
J
o
i
n
t
P
l
a
t
e
f
o
r
F
i
l
t
e
r
G
a
l
l
e
r
y
F
l
o
o
r
.
II. CHANGE ORDER ITEMS
A. ELECTRICAL MODIFICATIONS FOR
T
H
E
N
E
W
H
I
G
H
S
E
R
V
I
C
E
P
U
M
P
S
A nev circuit shall be installe
d
t
o
p
r
o
v
i
d
e
e
l
e
c
t
r
i
c
a
l
p
o
w
e
r
t
o
the new High Service Motor spac
e
h
e
a
t
e
r
s
,
a
n
d
S
q
u
a
r
e
D
A
0
1
2
E
o
r
equal timers shall be installed
i
n
t
h
e
H
i
g
h
S
e
r
v
i
c
e
P
u
m
p
c
o
n
t
r
o
l
wiring circuit, as indicated in
F
i
e
l
d
O
r
d
e
r
N
o
.
2
d
a
t
e
d
J
a
n
u
a
r
y
25, 1988.
B. ADDITIONAL VENTING CAPACITY F
O
R
T
H
E
2
4
-
I
N
C
H
W
A
S
H
W
A
T
E
R
L
I
N
E
Two additional air release valve
s
a
n
d
p
i
p
i
n
g
m
o
d
i
f
i
c
a
t
i
o
n
s
s
h
a
l
l
be provided in accordance with E
n
g
i
n
e
e
r
'
s
l
e
t
t
e
r
d
a
t
e
d
J
a
n
u
a
r
y
19, 1988.
C. CREDIT FOR ACTUAL COST OF VINY
L
-
C
O
A
T
E
D
F
A
B
R
I
C
W
A
L
L
C
O
V
E
R
I
N
G
A credit shall be provided for t
h
e
d
i
f
f
e
r
e
n
c
e
i
n
c
o
s
t
b
e
t
w
e
e
n
t
h
e
allowance provided in Section 9
G
-
2
a
n
d
t
h
e
a
c
t
u
a
l
c
o
s
t
o
f
t
h
e
selected material.
D. ADJUSTABLE FREQUENCY DRIVE FO
R
S
E
C
O
N
D
A
R
Y
B
A
S
I
N
N
O
.
1
F
L
O
C
C
U
L
A
T
O
R
S
An adjustable frequency drive s
h
a
l
l
b
e
f
u
r
n
i
s
h
e
d
a
n
d
i
n
s
t
a
l
l
e
d
for the Secondary Basin No. 1 f
l
o
c
c
u
l
a
t
o
r
s
i
n
a
c
c
o
r
d
a
n
c
e
w
i
t
h
t
h
e
attached specification section
1
6
C
a
n
d
t
h
e
a
t
t
a
c
h
e
d
F
i
g
u
r
e
C
O
3
-
2
.
E. EXPANSION JOINT PLATE FOR FILT
E
R
G
A
L
L
E
R
Y
F
L
O
O
R
An expansion joint plate shall b
e
i
n
s
t
a
l
l
e
d
t
o
c
o
v
e
r
t
h
e
expansion joint between the new
a
n
d
e
x
i
s
t
i
n
g
F
i
l
t
e
r
G
a
l
l
e
r
y
f
l
o
o
r
slabs.
A2JAG061488
CO3-1
(CgnitratOr)
By
a ,v4- Date
III. CHANGE IN CONTRACT AMOUNT
Adjustments to the Contract price resulting from the af
o
r
e
m
e
n
t
i
o
n
e
d
items shall be the following negotiated lump sump prices:
Item
A. Electrical Modifications for the New
High Service Pumps
B. Additional Venting Capacity for the
24-inch Wash Water Line
C. Credit for Actual Cost of Vinyl-Coated
Fabric Wall Covering
D. Adjustable Frequency Drive for
Secondary Basin No. 1 Flocculators
E. Expansion Joint Plate for Filter
Gallery Floor
Total - Change Order No. 3
Amount
$ 3,143.00
5,181.00
(419.10)
5,759.00
220.00
$13,883.90
The net change to the Contract price is summarized as fol
l
o
w
s
:
Current Contract Price
$5,031,312.56 Change Order No. 3
13,683.90
Nev Contract Price
$5,045,196.46
IV. ACCEPTANCE.
The changes and conditions set forth in this Change Orde
r
N
o
.
3
a
r
e
hereby accepted.. All other provisions of the Contract,
i
n
c
l
u
d
i
n
g
contract time, remain unchanged.
SHAW-LUNDQUIST ASSOCIATES, INC. CITY OF EDEN PRAIRIE, MINNESOTA
(Owner)
By
Director of Public Works
Date
A2JAG061488 CO3-2
ADJUSTABLE FREQUENCY DRIVE
16C-1. SCOPE. This section covers the adjustable frequency
d
r
i
v
e
(
A
F
D
)
,
for adjustable speed operation of 3 phase induction motors
r
a
t
e
d
3
0
0
horsepower and below. One adjustable frequency drive for
t
h
e
S
e
c
o
n
d
a
r
y
Basin No. 3 flocculators shall be furnished and installed a
s
s
p
e
c
i
f
i
e
d
herein and as indicated on the drawings.
16C-2. GENERAL. One adjustable frequency drive shall be f
u
r
n
i
s
h
e
d
f
o
r
two existing motors. The adjustable frequency drive shall
b
e
c
o
o
r
d
i
n
a
t
e
d
with the requirements of the driven equipment. The manufac
t
u
r
e
r
s
h
a
l
l
assume responsibility for matching the drive to the existi
n
g
m
o
t
o
r
s
.
T
h
e
existing motors are Westinghouse "Lifeline T", 3 hp, 1160 r
p
m
,
T
E
F
C
,
230/460 volts, 60 Hz, 3 phase, kVA Code J, 1.00 service fac
t
o
r
,
N
E
M
A
B
,
maximum ambient temperature 40 C, amperes 10.4/5.2. The ad
j
u
s
t
a
b
l
e
frequency drive shall be complete with all required control
c
o
m
p
o
n
e
n
t
s
.
The equipment furnished under this section shall conform to
t
h
e
e
l
e
v
a
t
i
o
n
derating requirements of the General Equipment Stipulations
.
The adjustable frequency drive shall be designed, construct
e
d
,
a
n
d
t
e
s
t
e
d
in accordance with applicable NEMA, ANSI, UL and 'IEEE recomm
e
n
d
a
t
i
o
n
s
,
and shall be designed for installation per the NEC. The dr
i
v
e
s
h
a
l
l
b
e
UL or ETL labeled and approved.
The adjustable frequency drive shall be installed as descri
b
e
d
h
e
r
e
i
n
a
n
d
In accordance with the manufacturer's recommendations.
The drive shall be pulse-width modulation or six-step volta
g
e
s
o
u
r
c
e
t
y
p
e
manufactured by Allen-Bradley, Emerson, General Electric, Ro
b
i
c
o
n
,
Siemens Energy and Automation, or Westinghouse.
The adjustable frequency drive system shall be shop assemble
d
i
n
a
s
i
n
g
l
e
enclosure and shall utilize interchangeable plug-in printed c
i
r
c
u
i
t
boards and power conversion components wherever possible. I
s
o
l
a
t
i
o
n
transformer, if required, may be eparately enclosed from th
e
r
e
m
a
i
n
i
n
g
drive equipment. Shop assembly shall be performed by the AF
D
manufacturer or his authorized agent. Systems fabricated or
a
s
s
e
m
b
l
e
d
i
n
whole or in part by parties other than the AFD manufacturer o
r
h
i
s
authorized agent will not be acceptable.
16C-2.01. Performance. The adjustable frequency drive contr
o
l
l
e
r
s
h
a
l
l
be of sufficient capacity and shall provide a quality of o
u
t
p
u
t
w
a
v
e
f
o
r
m
for stepless motor control from 10 percent to 110 percent
o
f
b
a
s
e
s
p
e
e
d
.
The adjustable frequency drive shall be suitable for a var
i
a
b
l
e
t
o
r
q
u
e
application. In addition, the AFD shall include the follo
w
i
n
g
r
a
t
i
n
g
s
and parameters.
(EDEN PRAIRIE, MN )
(GIP IMPROVEMENTS )
16C-1
(CONTRACT NO. 1 )
(CHANGE ORDER NO. 3)
f
16C-2
2;
i'n .);
a. Input voltage and frequency: 460 volts (+10 percen
t
,
-5 percent), 3 phase, 60 Hz (+3 Hz).
b. Minimum AFD efficiency: 93 percent at 100 percent
s
p
e
e
d
,
a
n
d
80 percent at 60 percent speed.
c. Ambient temperature: 0 C to 40 C.
d, Current rating: At least 100 percent, of motor ful
l
l
o
a
d
:nameplate current rating, continuous and 110 perc
e
n
t
m
o
m
e
n
t
a
r
y
.
e. The output shall maintain a constant V/Hz ratio ov
e
r
t
h
e
e
n
t
i
r
e
range of the unit, except under voltage boost con
d
i
t
i
o
n
s
a
n
d
a
t
frequencies over 60 Hz.
f. The adjustable frequency drive system shall have i
n
t
e
r
r
u
p
t
i
n
g
and momentary withstand ratings of 22,000 amperes
s
y
m
m
e
t
r
i
c
a
l
.
16C-2.02. Fault Protection. The power circuit des
i
g
n
s
h
a
l
l
b
e
s
u
c
h
t
h
a
t
the following fault conditions can occur without c
a
u
s
i
n
g
d
a
m
a
g
e
t
o
t
h
e
power circuit components.
a. Overvoltage and undervoltage.
b. Ground fault or 3 phase short circuit of AFD outpu
t
t
e
r
m
i
n
a
l
s
.
c. Drive overtemperature.
d. Control logic circuit malfunction.
The AFD shall be provided with adequate input prote
c
t
i
o
n
t
o
c
o
v
e
r
n
o
r
m
a
l
power system transients.
16C-2.03. Voltage Distortion Protection. The AFD s
h
a
l
l
b
e
d
e
s
i
g
n
e
d
a
n
d
provided with all necessary equipment to protect th
e
A
F
D
a
n
d
t
h
e
p
o
w
e
r
system ahead of the AFD from voltage distortion.
The AFD shall be designed to operate from a power
b
u
s
t
h
a
t
m
a
y
c
o
n
t
a
i
n
u
p
to 5 percent voltage distortion as defined by IEE
E
S
t
a
n
d
a
r
d
5
1
9
.
The AFD shall be designed to limit voltage distort
i
o
n
t
o
a
m
a
x
i
m
u
m
t
o
t
a
l
of 5 percent voltage distortion, as defined by IEE
E
S
t
a
n
d
a
r
d
5
1
9
.
Detailed information and/or drawings shall be sup
p
l
i
e
d
d
u
r
i
n
g
t
h
e
s
h
o
p
drawing stage, to show how the above protection is
a
c
c
o
m
p
l
i
s
h
e
d
.
16C-2.04. Features. The adjustable frequency dri
v
e
c
o
n
t
r
o
l
l
e
r
s
h
a
l
l
b
e
metal-enclosed. NEMA 4X construction, completely f
r
o
n
t
a
c
c
e
s
s
i
b
l
e
a
n
d
sized and ventilated as required. Also, the AFD s
h
a
l
l
i
n
c
l
u
d
e
t
h
e
following features in addition to any features ind
i
c
a
t
e
d
o
n
t
h
e
d
r
a
w
i
n
g
s
.
(EDEN PRAIRIE, MN )
(VTP IMPROVEMENTS )
(CONTRACT NO. 1 )
(CHANGE ORDER NO. 3)
a. On-Off speed selector switch.
b. Indication of AFD "Run", AFD "Off", motor
o
v
e
r
t
e
m
p
e
r
a
t
u
r
e
a
n
d
AFD controller fault.
c. Elapsed time meter.
d. Manual speed potentiometer.
e. Speed indication-calibrated in rpm.
f. Automatic restart on return of power supp
l
y
a
f
t
e
r
a
p
o
w
e
r
outage.
g. All plug-in contacts shall be gold-plated.
h. Control circuits shall be not more than 11
5
v
o
l
t
s
a
s
s
u
p
p
l
i
e
d
by internal control power transformers.
i. Automatic controller shutdown on motor o
v
e
r
t
e
m
p
e
r
a
t
u
r
e
.
Controller shutdown shall be manually re
s
e
t
t
y
p
e
.
Input thermal-magnetic molded-case circui
t
b
r
e
a
k
e
r
d
i
s
c
o
n
n
e
c
t
.
The disconnect shall be mounted inside th
e
c
o
n
t
r
o
l
l
e
r
e
n
c
l
o
s
u
r
e
and shall have a through-the-door interlo
c
k
i
n
g
h
a
n
d
l
e
w
i
t
h
provisions for padlocking in the "On" and
"
O
f
f
"
p
o
s
i
t
i
o
n
.
k. Diagnostic indicators that pinpoint fault
c
o
n
d
i
t
i
o
n
s
.
1. A magnetic contactor, NEMA rated for at l
e
a
s
t
t
h
e
f
u
l
l
l
o
a
d
current of the motors, shall be provided a
t
t
h
e
o
u
t
p
u
t
o
f
t
h
e
convertor to fully isolate the motors fro
m
t
h
e
c
o
n
t
r
o
l
l
e
r
w
h
e
n
the unit is not in operation. The contact
o
r
s
h
a
l
l
b
e
i
n
t
e
r
-
locked with the drive system logic control
s
.
m. Manual reset to restore operation after ab
n
o
r
m
a
l
s
y
s
t
e
m
s
h
u
t
-
down.
n. Spare interlock contacts shall be wired s
e
p
a
r
a
t
e
l
y
t
o
t
h
e
u
n
i
t
terminal board. One NO and one NC isola
t
e
d
s
p
a
r
e
i
n
t
e
r
l
o
c
k
shall be furnished with each drive.
o. Drive fault contact for remote indication
o
f
a
n
y
a
b
n
o
r
m
a
l
d
r
i
v
e
operation.
16C-2.05. Adjustment. The following AFD adjustments shall be
p
r
o
v
i
d
e
d
.
a. Maximum speed - factory set at 100 percen
t
o
f
b
a
s
e
s
p
e
e
d
.
b. Minimum speed - factory set at O percent
o
f
b
a
s
e
s
p
e
e
d
.
(EDEN PRAIRIE, MN )
(VIP IMPROVEMENTS )
16C-3 (CONTRACT NO. 1 )
(CHANGE ORDER NO. 3)
c. Linear acceleration/deceleration time.
d. Volts/hertz ratio.
e. Torque limit.
16C-3. TESTING AND DOCUMENTATION. The manufacturer of the equipment
shall conduct all standard tests in a
c
c
o
r
d
a
n
c
e
w
i
t
h
N
E
M
A
a
n
d
A
N
S
I
standards to assure conformance to s
p
e
c
i
f
i
c
a
t
i
o
n
r
e
q
u
i
r
e
m
e
n
t
s
.
A
l
l
p
o
w
e
r
switching components shall be pre-run
u
n
d
e
r
t
e
m
p
e
r
a
t
u
r
e
a
n
d
l
o
a
d
c
o
n
d
i
-
tions. The tests shall verify the pe
r
f
o
r
m
a
n
c
e
o
f
t
h
e
u
n
i
t
a
n
d
i
n
t
e
g
r
a
t
e
d
assembly. The manufacturer shall pro
v
i
d
e
c
e
r
t
i
f
i
c
a
t
i
o
n
t
h
a
t
t
h
e
f
a
c
t
o
r
y
tests have been performed.
16C-4. SPARE PARTS. The AFD manufacturer shall furnish
o
n
e
c
o
m
p
l
e
t
e
s
e
t
of all plug-in drive components as s
p
a
r
e
p
a
r
t
s
f
o
r
e
a
c
h
s
i
z
e
a
n
d
t
y
p
e
o
f
drive supplied. The spare parts sha
l
l
i
n
c
l
u
d
e
p
l
u
g
-
i
n
c
i
r
c
u
i
t
b
o
a
r
d
s
,
power conversion components and othe
r
f
i
e
l
d
r
e
p
l
a
c
e
a
b
l
e
c
o
m
p
o
n
e
n
t
p
a
r
t
s
.
The spare parts shall be labeled and
p
a
c
k
a
g
e
d
i
n
a
s
t
u
r
d
y
c
o
n
t
a
i
n
e
r
suitable for storage. Spare parts f
u
r
n
i
s
h
e
d
h
e
r
e
i
n
a
r
e
n
o
t
t
o
b
e
u
t
i
-
lized by the manufacturer's technica
l
r
e
p
r
e
s
e
n
t
a
t
i
v
e
d
u
r
i
n
g
s
t
a
r
t
u
p
.
16C-5. ISOLATION/VOLTAGE MATCHING TRANSFO
R
M
E
R
.
This covers the performance and features for an isol
a
t
i
o
n
/
v
o
l
t
a
g
e
m
a
t
c
h
i
n
g
t
r
a
n
s
f
o
r
m
e
r
rated 15 kVA and below if provided w
i
t
h
t
h
e
A
F
D
.
An indoor/outdoor, totally enclosed t
r
a
n
s
f
o
r
m
e
r
s
h
a
l
l
b
e
f
u
r
n
i
s
h
e
d
a
n
d
installed to provide power and isolat
i
o
n
t
o
t
h
e
a
d
j
u
s
t
a
b
l
e
f
r
e
q
u
e
n
c
y
drive controller. The transformer sh
a
l
l
b
e
c
o
n
s
t
r
u
c
t
e
d
i
n
a
c
c
o
r
d
a
n
c
e
with all applicable NEMA and ANSI st
a
n
d
a
r
d
s
.
T
r
a
n
s
f
o
r
m
e
r
v
o
l
t
a
g
e
s
s
h
a
l
l
be as required by the manufacturer.
The transformer shall have a rated t
e
m
p
e
r
a
t
u
r
e
r
i
s
e
o
f
n
o
g
r
e
a
t
e
r
t
h
a
n
150 degrees C and not less than 80 d
e
g
r
e
e
s
o
v
e
r
a
4
0
d
e
g
r
e
e
C
a
m
b
i
e
n
t
temperature.
The enclosure shall be arranged fch
- primary and secondary cables enteri
n
g
from top or bottom. The transformer'
s
t
e
r
m
i
n
a
l
s
s
h
a
l
l
b
e
a
c
c
e
s
s
i
b
l
e
f
r
o
m
the front only.
Sound levels generated by the transfo
r
m
e
r
s
h
a
l
l
n
o
t
e
x
c
e
e
d
4
5
d
B
.
16C-6. DRAWINGS AND DATA. Complete drawings, detail
s
a
n
d
s
p
e
c
i
f
i
c
a
t
i
o
n
s
shall be furnished in accordance wit
h
t
h
e
r
e
q
u
i
r
e
m
e
n
t
s
o
f
t
h
e
s
u
b
m
i
t
t
a
l
s
section.
In addition, installation drawings sh
a
l
l
b
e
f
u
r
n
i
s
h
e
d
w
i
t
h
i
n
f
o
r
m
a
t
i
o
n
such as weights, lifting instructions
,
s
t
o
r
a
g
e
i
n
s
t
r
u
c
t
i
o
n
s
,
m
o
u
n
t
i
n
g
ventilation requirements, locations
o
f
e
l
e
c
t
r
i
c
a
l
c
o
n
n
e
c
t
i
o
n
s
,
l
o
c
a
t
i
o
n
s
and sizes of ground terminations, a
n
d
l
o
c
a
t
i
o
n
a
n
d
r
e
c
o
m
m
e
n
d
e
d
u
s
e
o
f
shielded wire where required.
(EDEN PRAIRIE, MN )
(VTR IMPROVEMENTS )
16C-4 (CONTRACT NO. I
)
(CHANGE ORDER NO. 3)
Electrical drawings and instruction manuals for the
A
F
D
s
h
a
l
l
i
n
c
l
u
d
e
connection data to permit removal and installation
o
f
r
e
c
o
m
m
e
n
d
e
d
smallest field replaceable parts. Manuals shall in
c
l
u
d
e
t
r
o
u
b
l
e
s
h
o
o
t
i
n
g
procedures with symptom/cause-effect and corrective
r
e
c
o
m
m
e
n
d
a
t
i
o
n
s
b
a
s
e
d
on manufacturer's recommended smallest field-replac
e
a
b
l
e
p
a
r
t
s
.
Operation and maintenance manuals for the AFD sha
l
l
b
e
s
u
b
m
i
t
t
e
d
i
n
accordance with the submittals section. Three pre
l
i
m
i
n
a
r
y
a
n
d
t
h
r
e
e
final copies will be required.
(EDEN PRAIRIE, MN )
(WTP IMPROVEMENTS )
16C-5 (CONTRACT NO. 1 )
(CHANGE ORDER NO. 3)
3P-20 3P-30 V 0 z-coo 38n91d Priairy Mixer NJ 1 Recirculation Mixer No. 1 Primary Basin No l To Basin Alarm J.B. To SI.clge Control Panel flocculator No. /A, flocculator No. 18 Secondary Basin No. To Basin Alarm j.B. To Sludge Control Panel Fat Primary Mixer No 3 Fut. Recirculation Mixer fut. Primary Basin No. 3 *-1 1-z11 2A: 3:3/4' E.0 r No. 3 - - - - - - - --t- ii — — r 3P-30
Bluffs East 6th Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 23-88-PUD-5-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Planned Unit Development 5-88-
RM-6.5 District (hereinafter "PUD 5-88-RM-6.5").
Section 3. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of July 5, 1988, entered into between
Hustad Development Corporation, a Minnesota corporation, and the City of Eden
Prairie (hereinafter "Developer's Agreement") and that certain Supplement to the
Developer's Agreement, dated as of July 5, 1988, entered into between Creek Knolls,
a Minnesota general partnership, and the City of Eden Prairie (hereinafter
"Supplement"). The Developer's Agreement and Supplement contain the terms and
conditions of PUD 5-88-RM-6.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 5-88-RM-6.5 is not in conflict with the goals of the Guide Plan
of the City.
B. PUD 5-88-RM-6.5 is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of
the City Code, that are contained in PUD 5-88-RM-6.5 are justified
by the design of the development described therein.
D. PUD 5-88-RM-6.5 is of sufficient size, composition, and arrangement
that its construction, marketing, and operation is feasible as a
complete unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and
hereby is, removed from the Rural District and shall be included hereafter in the
Planned Unit Development 5-88-RM-6.5 District, and the legal descriptions of land in
each district referred to in City Code Section 11.03, subdivision 1, subparagraph B,
shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99 entitled "Violation a Mis
d
e
m
e
a
n
o
r
"
a
r
e
h
e
r
e
b
y
a
d
o
p
t
e
d
i
n
t
h
e
i
r
entirety by reference, as though repeated
v
e
r
b
a
t
i
m
h
e
r
e
i
n
.
Section 7. This Ordinance shall become effective fro
m
a
n
d
a
f
t
e
r
i
t
s
passage and publication
FIRST READ at a regular meeting of the C
i
t
y
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 7th day of June, 1988, an
d
f
i
n
a
l
l
y
r
e
a
d
a
n
d
a
d
o
p
t
e
d
a
n
d
o
r
d
e
r
e
d
published at a regular meeting of the Cit
y
C
o
u
n
c
i
l
o
f
s
a
i
d
C
i
t
y
o
n
t
h
e
5
t
h
d
a
y
o
f
July, 1988.
ATTEST:
John D. Frane, City Clerk
Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the
day of
EXHIBIT A
Legal Description
BUD CONCEPT AMENTIENT
Blocks 1-5, and Outlots A-
J
,
i
n
c
l
u
s
i
v
e
,
B
L
U
F
F
S
E
A
S
T
F
O
U
R
T
H
A
D
D
I
T
I
O
N
;
a
n
d
B
l
o
c
k
1
,
BLUFFS WEST SIXTH ADDITION, Hennepin C
o
u
n
t
y
,
M
i
n
n
e
s
o
t
a
.
P.U.D. DISTRICT REVIEW & PRELIMARY PLAT
Outlot I. Bluffs East Four
t
h
A
d
d
i
t
i
o
n
,
according to the rec
o
r
d
p
l
a
t
t
h
e
r
e
o
f
,
C
i
t
y
of Eden Prairie, Hen
n
e
p
i
n
County, Minnesota.
FROM RURA1. TO R!,-6.5
That cart
Cutlot I, Bluffs East Fo
u
r
t
h
A
d
d
i
t
i
o
n
,
a
c
c
o
r
c
i
n
c
l
t
o
t
h
e
.ecoro plat ther
e
o
f
,
C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
,
H
e
n
n
e
p
i
n
C
o
u
n
t
y
,
M
i
n
n
e
s
o
t
a
,
de5critJ2d as fo
l
l
o
w
s
:
Connencno at
t
h
P
n
o
r
t
h
e
a
s
t
c
o
r
n
e
r
o
f
L
o
t
1
0
,
B
l
o
c
k
t
,
s
a
i
d
61u=
East Fourth A
d
d
i
t
i
o
n
;
t
h
e
n
c
e
S
o
u
t
h
6
0
d
e
g
r
e
e
s
5
0
m
i
n
u
t
e
s
E
a
s
t
23.07 feet; thence e
a
s
t
e
r
l
y
302.30 feet along a ta
n
g
e
n
t
i
a
l
c
u
r
v
e
concave to the
n
o
r
t
h
,
h
a
v
i
n
g
a
c
e
n
t
r
a
l
a
n
g
l
e
o
f
2
9
d
e
g
r
e
e
s
1
0
m
i
n
-
utos and havin
g
a
r
a
o
i
u
s
of 593.65 feet; thence on a b
e
a
r
i
n
c
o
f
East tangent t
o
l
a
s
t
c
e
s
c
r
i
b
'
e
d
c
u
r
v
e
3
5
7
.
0
0
f
e
e
t
;
thence north-
easterly 1E1.
5
1
f
e
e
t
a
l
o
n
g
a
t
a
n
g
e
n
t
i
a
l
c
u
r
v
e
,
h
e
r
e
i
n
a
f
t
e
r
r
e
-
ferred to as Line A, concave to
t
h
e
n
o
r
t
h
h
a
v
i
n
g
a
c
e
n
t
r
a
l
a
n
g
l
e
of 40 decrces 00
m
i
n
u
t
e
s
a
n
d
a
r
a
d
i
u
s
o
f
2
6
0
.
0
0
f
e
e
t
t
o
t
h
e
p
o
i
n
t
of beginning of
l
a
n
o
t
o
b
e
d
e
s
c
r
i
b
e
d
;
t
h
e
n
c
e
S
c
u
t
n
4
4
d
e
g
r
e
e
s
0
0
minutes East 1
0
0
.
7
4
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
4
6
d
e
g
r
e
e
s
0
0
m
i
n
u
t
e
s
w
e
s
t
2 4 1.47 feet; thence South 17
d
e
g
r
e
e
s
O
C
m
i
n
u
t
e
s
W
e
s
t
75.00 feet;
thence South 4
1
d
e
g
r
e
e
s
0
0
m
i
n
u
t
e
s
E
a
s
t
4
3
4
.
0
5
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
30 deorees 30 mih
u
t
o
s
w
e
s
t
1
9
0
.
0
0
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
6
5
d
e
g
r
e
e
s
3
0
nIntzss west 1
3
0
-
0
0
f
e
e
t
;
t
h
e
n
c
e
N
o
r
t
h
7
5
d
e
g
r
e
e
s
30 minutes West
163.02 feet; th
e
n
c
e
N
o
r
t
h
1
7
d
e
g
r
e
e
s
0
0
m
i
n
u
t
e
s
W
e
s
t
1
7
0
.
0
0
f
e
e
t
;
thence North 1
5
d
e
g
r
e
e
s
3
0
m
i
n
u
t
e
s
W
e
s
t
2
7
5
.
0
0
f
e
e
t
;
t
h
e
n
c
e
N
o
r
t
h
1 4 deg ,-ecs 3C minutes West
1
2
5
.
0
0
f
e
e
t
;
t
h
e
n
c
e
N
o
r
t
h
1
d
e
g
r
e
e
0
0
minutes East 166-65 feet; th
e
n
c
e
o
n
a
b
e
a
r
i
n
g
of East 185.3.4 feet;
th:mce northe
a
s
t
e
r
l
y
23.06 feet along a nonzangential
c
u
r
v
e
c
o
n
-
cave to the so
u
t
h
e
a
s
t
,
c
e
n
t
r
a
l
a
n
o
l
e
6
d
e
g
r
e
e
s
4
0
m
i
n
u
t
e
s
0
4 set-
ones, radius 2
0
5
.
0
0
f
e
p
t
a
n
d
a
•
c
h
o
r
d
b
e
a
r
i
n
g
o
f
N
o
r
t
h
43 decrees
OP minutes 52
s
e
c
o
n
d
s
E
a
s
t
;
t
h
e
n
c
e
N
o
r
t
h
4
6
d
e
g
r
e
e
s
1
0
m
i
n
u
t
e
'
s
East, tancent
t
c
l
a
s
t
d
e
s
c
r
i
b
e
d
c
u
r
v
e
,
1
6
2
.
1
1
f
e
e
t
t
o
t
h
e
i
n
t
e
r
-
seT,-ticn th saio Li
n
e
A
;
t
n
e
n
c
e
e
a
s
t
e
r
l
y
1
5
.
9
6
f
e
e
t
a
l
o
n
g
s
a
i
d
Line A, centra
l
a
n
c
l
e
2
9
d
e
g
r
e
e
s
5
7
m
i
n
u
t
e
s
3
9
s
e
c
o
n
d
s
,
t
o
t
h
e
pclt of beginni
n
g
,
)
Bluffs East 6th Addition
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered
i
n
t
o
a
s
o
f
, 1988, by
Hustad Development Corporation,
a
M
i
n
n
e
s
o
t
a
c
o
r
p
o
r
a
t
i
o
n
,
h
e
r
e
i
n
a
f
t
e
r
r
e
f
e
r
r
e
d
t
o
a
s
"Developer," and the CITY OF
E
D
E
N
P
R
A
I
R
I
E
,
a
m
u
n
i
c
i
p
a
l
c
o
r
p
o
r
a
t
i
o
n
,
h
e
r
e
i
n
a
f
t
e
r
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied
t
o
C
i
t
y
f
o
r
P
l
a
n
n
e
d
U
n
i
t
D
e
v
e
l
o
p
m
e
n
t
C
o
n
c
e
p
t
Amendment of the Bluff Country
P
l
a
n
n
e
d
U
n
i
t
D
e
v
e
l
o
p
m
e
n
t
,
P
l
a
n
n
e
d
U
n
i
t
D
e
v
e
l
o
p
m
e
n
t
District Review on 45.16 acres
,
Z
o
n
i
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
t
o
P
U
D
-
5
-
R
M
-
6
.
5
o
n
6.94 acres, and Preliminary Pla
t
o
f
4
5
.
1
6
a
c
r
e
s
i
n
t
o
1
3
l
o
t
s
,
f
i
v
e
o
u
t
l
o
t
s
,
a
n
d
r
o
a
d
right-of-way, for construction
o
f
2
6
t
w
i
n
h
o
m
e
u
n
i
t
s
,
s
i
t
u
a
t
e
d
i
n
H
e
n
n
e
p
i
n
C
o
u
n
t
y
,
State of Minnesota, more fully
d
e
s
c
r
i
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
m
a
d
e
a
part hereof, and said acreage he
r
e
i
n
a
f
t
e
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 considerati
o
n
o
f
t
h
e
C
i
t
y
a
d
o
p
t
i
n
g
O
r
d
i
n
a
n
c
e
#
2
3
-
6
8
-
P
U
D
-
5-88, Developer covenants an
d
a
g
r
e
e
s
t
o
c
o
n
s
t
r
u
c
t
i
o
n
u
p
o
n
,
d
e
v
e
l
o
p
m
e
n
t
,
a
n
d
maintenance of said property as
f
o
l
l
o
w
s
:
r
1. Developer shall develop the
p
r
o
p
e
r
t
y
i
n
c
o
n
f
o
r
m
a
n
c
e
w
i
t
h
t
h
e
materials revised and dated Ju
n
e
1
,
1
9
8
8
,
r
e
v
i
e
w
e
d
a
n
d
a
p
p
r
o
v
e
d
b
y
the City Council on June 7, 198
3
,
a
n
d
a
t
t
a
c
h
e
d
h
e
r
e
t
o
a
s
E
x
h
i
b
i
t
B
,
subject to such changes and
m
o
d
i
f
i
c
a
t
i
o
n
s
a
s
p
r
o
v
i
d
e
d
h
e
r
e
i
n
.
Developer shall not develop
,
c
o
n
s
t
r
u
c
t
u
p
o
n
,
o
r
m
a
i
n
t
a
i
n
t
h
e
property in any other respect or
m
a
n
n
e
r
t
h
a
n
p
r
o
v
i
d
e
d
h
e
r
e
i
n
.
2. Developer covenants and agrees
t
o
t
h
e
p
e
r
f
o
r
m
a
n
c
e
a
n
d
o
b
s
e
r
v
a
n
c
e
b
y
Developer at such times and in
s
u
c
h
m
a
n
n
e
r
a
s
p
r
o
v
i
d
e
d
t
h
e
r
e
i
n
o
f
all of the terms, covenants, agr
e
e
m
e
n
t
s
,
a
n
d
c
o
n
d
i
t
i
o
n
s
s
e
t
f
o
r
t
h
i
n
Exhibit C, attached hereto and m
a
d
e
a
p
a
r
t
h
e
r
e
o
f
.
3. Prior to issuance of any gradi
n
g
p
e
r
m
i
t
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 Dire
c
t
o
r
o
f
P
l
a
n
n
i
n
g
,
a
n
d
t
o
o
b
t
a
i
n
t
h
e
Director's approval of a revi
s
e
d
g
r
a
d
i
n
g
p
l
a
n
w
h
i
c
h
'
r
e
f
l
e
c
t
s
3
:
1
slopes on all slopes on the pro
p
e
r
t
y
.
Vn i;
4. Developer shall notify the City and the Water
s
h
e
d
D
i
s
t
r
i
c
t
4
8
h
o
u
r
s
prior to any grading, tree removal, or tree cu
t
t
i
n
g
o
n
t
h
e
p
r
o
p
e
r
t
y
.
5. Prior to issuance of any grading permit upon t
h
e
p
r
o
p
e
r
t
y
,
D
e
v
e
l
o
p
e
r
shall submit to the City Engineer, and obtai
n
t
h
e
C
i
t
y
E
n
g
i
n
e
e
r
'
s
approval of plans for streets, sanitary sewer
,
w
a
t
e
r
,
s
t
o
r
m
s
e
w
e
r
,
and erosion control for the property, includin
g
o
u
t
f
a
l
l
s
t
o
r
m
s
e
w
e
r
facilities for the ponding area in Outlot E, a
s
d
e
p
i
c
t
e
d
i
n
E
x
h
i
b
i
t
B, attached hereto.
Upon approval by the City Engineer, Developer
s
h
a
l
l
c
o
n
s
t
r
u
c
t
,
o
r
cause to be constructed, those improvement
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, in
a
c
c
o
r
d
a
n
c
e
w
i
t
h
E
x
h
i
b
i
t
C, attached hereto.
6. Developer agrees to notify the City and the
W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
a
t
least 48 hours in advance of any grading, o
r
t
r
e
e
r
e
m
o
v
a
l
,
o
n
t
h
e
property.
7. Prior to issuance of any grading permit upon
t
h
e
p
r
o
p
e
r
t
y
,
D
e
v
e
l
o
p
e
r
shall submit to the Director of Planning, an
d
o
b
t
a
i
n
t
h
e
D
i
r
e
c
t
o
r
'
s
approval of, a tree replacement plan for 194
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
t
r
e
e
s
which are planned to be removed from
t
h
e
p
r
o
p
e
r
t
y
d
u
e
t
o
construction on said property as approved b
y
C
i
t
y
.
D
e
v
e
l
o
p
e
r
a
l
s
o
shall submit to the City, and obtain the Cit
y
'
s
a
p
p
r
o
v
a
l
o
f
a
b
o
n
d
for replacement of said trees, all in acc
o
r
d
a
n
c
e
w
i
t
h
t
h
e
T
r
e
e
Preservation Policy, attached hereto as Exhi
b
i
t
D
,
a
n
d
m
a
d
e
a
p
a
r
t
hereof.
Tree replacement shall be implemented ona lot-by-lot
basis concurrent with building construction on each
l
o
t
,
a
n
d
i
n
a
c
c
o
r
d
a
n
c
e
with the tree replacement plan in Exhibit B,
a
t
t
a
c
h
e
d
h
e
r
e
t
o
.
Upon approval by the Director of Planning
,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
o
implement, or cause to be implemented, said t
r
e
e
r
e
p
l
a
c
e
m
e
n
t
p
l
a
n
,
in accordance with the terms and conditions o
f
E
x
h
i
b
i
t
D
,
a
t
t
a
c
h
e
d
hereto.
8. Prior to issuance of any grading permit, Dev
e
l
o
p
e
r
s
h
a
l
l
s
u
b
m
i
t
t
o
the Director of Planning and obtain the Dir
e
c
t
o
r
'
s
a
p
p
r
o
v
a
l
o
f
a
tree inventory of those trees within 25
f
t
.
o
u
t
s
i
d
e
o
f
t
h
e
con:Aruction area, which are not planne
d
t
o
b
e
r
e
m
o
v
e
d
b
y
construction on the property as approved by
C
i
t
y
,
i
n
d
i
c
a
t
i
n
g
t
h
e
size, type, and location of all trees tw
e
l
v
e
(
1
2
)
i
n
c
h
e
s
i
n
diameter, or greater, at a level 4.5 feet abov
e
g
r
o
u
n
d
l
e
v
e
l
.
If any such trees are removed, damaged, or de
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, Developer
s
h
a
l
l
:
A. Submit to the Director of Planning, and receive
t
h
e
Director's approval of a reforestation pla
n
f
o
r
a
l
l
t
r
e
e
s
removed, damaged, or destroyed outside of th
e
c
o
n
s
t
r
u
c
t
i
o
n
area. Said plan shall indicate that the
t
r
e
e
s
s
h
a
l
l
b
e
replaced by similar tree species and that the
t
r
e
e
s
u
s
e
d
f
o
r
reforestation shall be no less than th
r
e
e
i
n
c
h
e
s
i
n
diameter. The amount of tre
e
s
t
o
b
e
r
e
p
l
a
c
e
d
s
h
a
l
l
b
e
determined by the Director of P
l
a
n
n
i
n
g
,
u
s
i
n
g
a
s
q
u
a
r
e
i
n
c
h
per square inch basis, accordi
n
g
t
o
t
h
e
a
r
e
a
o
f
t
h
e
c
i
r
c
l
e
created by a cross sectional cut through th
e
d
i
a
m
e
t
e
r
o
f
a
tree as measured 4.5 feet above
t
h
e
g
r
o
u
n
d
.
B. Prepare and submit to the Director of Plannin
g
,
a
n
d
o
b
t
a
i
n
the Director's approval of a wr
i
t
t
e
n
e
s
t
i
m
a
t
e
o
f
t
h
e
c
o
s
t
s
of the reforestation work to be
c
o
m
p
l
e
t
e
d
.
C. Submit a bond, or letter of cre
d
i
t
,
g
u
a
r
a
n
t
e
e
i
n
g
c
o
m
p
l
e
t
i
o
n
of all reforestation work as a
p
p
r
o
v
e
d
b
y
t
h
e
D
i
r
e
c
t
o
r
o
f
Planning. Developer agrees that
t
h
e
a
m
o
u
n
t
o
f
t
h
e
b
o
n
d
,
o
r
letter of credit, shall be 150
%
o
f
t
h
e
a
p
p
r
o
v
e
d
e
s
t
i
m
a
t
e
d
cost of implementation of all
r
e
f
o
r
e
s
t
a
t
i
o
n
w
o
r
k
a
n
d
s
h
a
l
l
be in such form and contain su
c
h
o
t
h
e
r
p
r
o
v
i
s
i
o
n
s
a
n
d
t
e
r
m
s
as may be required by the Direc
t
o
r
o
f
P
l
a
n
n
i
n
g
.
Upon approval by the Direct
o
r
o
f
P
l
a
n
n
i
n
g
,
Developer shall implement, or cause to be impl
e
m
e
n
t
e
d
,
t
h
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
b
y
t
h
e
D
i
r
e
c
t
o
r
o
f
P
l
a
n
n
i
n
g
.
9. Developer agrees to implement e
r
o
s
i
o
n
c
o
n
t
r
o
l
m
e
a
s
u
r
e
s
a
n
d
a
d
e
q
u
a
t
e
protective measures for areas
t
o
b
e
p
r
e
s
e
r
v
e
d
a
n
d
a
r
e
a
s
w
h
e
r
e
grading is not to occur, an
d
t
o
r
e
c
e
i
v
e
C
i
t
y
a
p
p
r
o
v
a
l
o
f
s
a
i
d
measures. Developer agrees t
h
a
t
s
a
i
d
p
r
o
t
e
c
t
i
v
e
m
e
a
s
u
r
e
s
s
h
a
l
l
include, but not be limited to:
A. Grading shall be confined to
t
h
a
t
a
r
e
a
o
f
t
h
e
p
r
o
p
e
r
t
y
within the construction limits.
C
o
n
s
t
r
u
c
t
i
o
n
l
i
m
i
t
s
s
h
a
l
l
be staked with erosion control
f
e
n
c
i
n
g
.
B. Snow fencing shall be place
d
at the construction limits within the wooded areas of the
p
r
o
p
e
r
t
y
p
r
i
o
r
t
o
a
n
y
g
r
a
d
i
n
g
upon the property.
C. City shall perform an on-site i
n
s
p
e
c
t
i
o
n
o
f
s
a
i
d
p
r
o
t
e
c
t
i
v
e
measures on the property by
t
h
e
C
i
t
y
.
D
e
v
e
l
o
p
e
r
s
h
a
l
l
contact City for said inspect
i
o
n
.
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
h
a
t
defects in materials and workm
a
n
s
h
i
p
i
n
t
h
e
i
m
p
l
e
m
e
n
t
a
t
i
o
n
of said measures shall then be d
e
t
e
r
m
i
n
e
d
b
y
t
h
e
C
i
t
y
.
D. Defects in materials or work
m
a
n
s
h
i
p
,
i
f
a
n
y
,
s
h
a
l
l
b
e
corrected by Developer. Develo
p
e
r
a
g
r
e
e
s
t
o
c
a
l
l
C
i
t
y
f
o
r
reinspection of the implementat
i
o
n
m
e
a
s
u
r
e
s
,
a
n
d
t
o
r
e
c
e
i
v
e
approval by the City prior to is
s
u
a
n
c
e
o
f
t
h
e
g
r
a
d
i
n
g
p
e
r
m
i
t
by the City. Approval of mater
i
a
l
s
a
n
d
w
o
r
k
m
a
n
s
h
i
p
m
a
y
b
e
subject to such conditions as
t
h
e
C
i
t
y
m
a
y
i
m
p
o
s
e
a
t
t
h
e
time of acceptance.
10. Developer agrees that, concurrent
with street and utility construction on the property, De
v
e
l
o
p
e
r
s
h
a
l
l
c
o
n
s
t
r
u
c
t
,
o
r
c
a
u
s
e
t
o
be constructed, a five-foot wid
e
,
f
i
v
e
-
i
n
c
h
t
h
i
c
k
c
o
n
c
r
e
t
e
s
i
d
e
w
a
l
k
along the north side of Franlo
R
o
a
d
,
a
n
d
a
n
e
i
g
h
t
-
f
o
o
t
v
i
d
e
,
f
i
v
e
-
inch thick bituminous trail along the sout
h
s
i
d
e
o
f
F
r
a
n
l
o
R
o
a
d
,
a
l
l
as depicted in Exhibit B, attached here
t
o
.
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
h
a
t
construction of said sidewalk and said tr
a
i
l
s
h
a
l
l
b
e
a
c
c
o
m
p
l
i
s
h
e
d
in accordance with City standards and
s
p
e
c
i
f
i
c
a
t
i
o
n
s
a
n
d
i
n
accordance with the terms and condition
s
o
f
E
x
h
i
b
i
t
C
,
a
t
t
a
c
h
e
d
hereto.
11. Prior to issuance of any building permit 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 Pla
n
n
i
n
g
,
a
n
d
t
o
o
b
t
a
i
n
t
h
e
Director's approval of:
A. Samples of building materials and colors
f
o
r
s
t
r
u
c
t
u
r
e
s
o
n
the property.
B. An architectural diversity plan which keys different
building elevations to specific lots on the
p
r
o
p
e
r
t
y
.
C. A final landscaping plan for the property
,
i
n
d
i
c
a
t
i
n
g
t
h
e
landscaping for each individual lot. Sai
d
p
l
a
n
s
h
o
u
l
d
b
e
designed in such a manner that the landsca
p
i
n
g
i
s
i
n
s
t
a
l
l
e
d
on a lot-by-lot basis concurrent
with the building construction on the particular lot.
D. A bond, or other security acceptable to
t
h
e
C
i
t
y
,
i
n
t
h
e
amount of 150% of the total cost for ins
t
a
l
l
a
t
i
o
n
o
f
3
8
3
caliper inches of trees for item C, abo
v
e
,
a
s
r
e
q
u
i
r
e
d
b
y
City Code.
Upon approval by the Director of Plann
i
n
g
,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
o
implement, or cause to be implemented,
t
h
o
s
e
p
l
a
n
s
a
n
d
m
a
t
e
r
i
a
l
s
listed above, as approved by the Director
o
f
P
l
a
n
n
i
n
g
,
i
n
a
c
c
o
r
d
a
n
c
e
with the terms and conditions of Exhibit C
,
a
t
t
a
c
h
e
d
h
e
r
e
t
o
.
12. Prior to issuance of any building perm
i
t
o
n
L
o
t
3
,
B
l
o
c
k
1
,
a
s
depicted on Exhibit B, attached hereto,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
o
s
u
b
m
i
t
to the Building Department, and to obtain
t
h
e
B
u
i
l
d
i
n
g
D
e
p
a
r
t
m
e
n
t
'
s
approval of 'detailed plans for the retai
n
i
n
g
w
a
l
l
i
n
d
i
c
a
t
e
d
o
n
t
h
e
grading plan in Exhibit B, attached h
e
r
e
t
o
.
S
a
i
d
p
l
a
n
s
s
h
a
l
l
include details with respect to the heig
h
t
,
t
y
p
e
o
f
m
a
t
e
r
i
a
l
s
,
a
n
d
method of construction to be used for said
r
e
t
a
i
n
i
n
g
w
a
l
l
.
Upon approval by the Building Dqpartm
e
n
t
,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
t
o
construct said retaining wall improvem
e
n
t
a
s
s
t
a
t
e
d
a
b
o
v
e
,
a
s
approved by the Building Department, con
c
u
r
r
e
n
t
w
i
t
h
t
h
e
b
u
i
l
d
i
n
g
construction on said Lot 3, Block 1.
13. Developer and City acknowledge that the
s
t
r
u
c
t
u
r
e
s
a
n
d
r
e
t
a
i
n
i
n
g
walls are to be located at the edge of th
e
t
r
e
e
s
a
n
d
t
h
a
t
s
e
t
b
a
c
k
s
for the structures on the property are a
t
O
r
d
i
n
a
n
c
e
m
i
n
i
m
u
m
s
,
a
s
depicted in Exhibit B, attached hereto. I
f
l
a
r
g
e
r
u
n
i
t
s
a
r
e
b
u
i
l
t
,
or if the retaining walls are not located
a
s
d
e
p
i
c
t
e
d
i
n
E
x
h
i
b
i
t
B
,
attached hereto, it may result in more t
r
e
e
l
o
s
s
o
n
t
h
e
p
r
o
p
e
r
t
y
,
resulting in the requirement for such tr
e
e
s
t
o
b
e
r
e
p
l
a
c
e
d
o
n
a
n
area inch per area inch basis. Therefo
r
e
,
D
e
v
e
l
o
p
e
r
a
g
r
e
e
s
a
s
follows:
A. The bond required for landscaping and tree
r
e
p
l
a
c
e
m
e
n
t
s
h
a
l
l
include the trees to be preserved.
B. Construction of the twinhomes and grading
o
f
t
h
e
i
n
d
i
v
i
d
u
a
l
building pads shall be executed exactl
y
a
s
d
e
p
i
c
t
e
d
i
n
Exhibit B, attached hereto. Any changes
t
o
t
h
e
i
n
d
i
v
i
d
u
a
l
lot site plans which differ from that depi
c
t
e
d
i
n
E
x
h
i
b
i
t
B
,
attached hereto, shall be returned to the Planning Commission and City Council for review, pri
o
r
t
o
i
s
s
u
a
n
c
e
o
f
any building permit on any such individual
l
o
t
.
Bluffs East 6th Addition
OWNERS' SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
HUSTAD DEVELOPMENT CORPORATION
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
, 1983, by
and between Creek Knolls Partnership, a general partnershi
p
,
h
e
r
e
i
n
a
f
t
e
r
r
e
f
e
r
r
e
d
t
o
as "Owner," and the City of Eden Prairie, hereinafter refe
r
r
e
d
t
o
a
s
"
C
i
t
y
:
"
For and in consideration of, and to induce, City to adopt
O
r
d
i
n
a
n
c
e
#
2
3
-
8
8
-
PUD-5-88 changing the zoning of the property owned 1:), Own
e
r
f
r
o
m
t
h
e
R
u
r
a
l
D
i
s
t
r
i
c
t
to the PUD-5-RM-6.5 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
Agreement entered into as of
, 1988, by and between Hustad
Development Corporation and City, Owners agree with the Cit
y
a
s
f
o
l
l
o
w
s
:
1. If Hustad Development Corporation fails to proceed in ac
c
o
r
d
a
n
c
e
with the Developer's Agreement within 24 months of the d
a
t
e
h
e
r
e
o
f
,
Owner shall not oppose the rezoning of the property to Ru
r
a
l
.
2. This Agreement shall be binding upon and enforceable aga
i
n
s
t
O
w
n
e
r
,
their successors, heirs, and assigns of the property.
3. If the Owner transfers such property, Owner shall
o
b
t
a
i
n
a
n
agreement from the transferree requiring that such trans
f
e
r
e
e
a
g
r
e
e
to the terms of the Developer's Agreement.
CITY
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
v..
Bluffs East 6th Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 88-129
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 23-88-PUD-5-88 AND ORDERING T
H
E
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 23-88-PUD-5-88 was
a
d
o
p
t
e
d
a
n
d
o
r
d
e
r
e
d
p
u
b
l
i
s
h
e
d
a
t
a
regular meeting of the City Council of th
e
C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
o
n
t
h
e
5
t
h
d
a
y
o
f
July, 1988;
NOW, THEREFORE, BE IT RESOLVED BY THE C
I
T
Y
C
O
U
N
C
I
L
O
F
T
H
E
C
I
T
Y
O
F
E
D
E
N
PRAIRIE:
A. That the text of the summary of Ordinance
N
o
.
2
3
-
8
8
-
P
U
D
-
5
-
8
8
,
w
h
i
c
h
is attached hereto, is approved, and the
C
i
t
y
C
o
u
n
c
i
l
f
i
n
d
s
t
h
a
t
said text clearly informs the public of
t
h
e
i
n
t
e
n
t
a
n
d
e
f
f
e
c
t
o
f
said ordinance.
B. That said text shall be published once in
t
h
e
E
d
e
n
P
r
a
i
r
i
e
N
e
w
s
i
n
a
body type no smaller than brevier or eight-
p
o
i
n
t
t
y
p
e
,
a
s
d
e
f
i
n
e
d
i
n
Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance sh
a
l
l
b
e
m
a
d
e
a
v
a
i
l
a
b
l
e
f
o
r
inspection by any person during regular
o
f
f
i
c
e
h
o
u
r
s
a
t
t
h
e
o
f
f
i
c
e
of the City Clerk and a copy of the ent
i
r
e
t
e
x
t
o
f
t
h
e
O
r
d
i
n
a
n
c
e
shall be posted in the City Hall.
D. That Ordinance No. 23-88-PUD-5-88 shall b
e
r
e
c
o
r
d
e
d
i
n
t
h
e
o
r
d
i
n
a
n
c
e
book, along v ,ith proof of publication required by p
a
r
a
g
r
a
p
h
B
herein, within 20 days after said publicat
i
o
n
.
ADOPTED by the City Council on July 5, 198
8
.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
Bluffs East 6th Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 23-88-PUD-5-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
C
E
R
T
A
I
N
L
A
N
D
F
R
O
M
O
N
E
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
D
E
S
C
R
I
P
T
I
O
N
S
O
F
L
A
N
D
IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER
1
A
N
D
S
E
C
T
I
O
N
1
1
.
9
9
,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS
:
Summary: This Ordinance allows rezoning of land located south of
Franlo Road extension, south of Normandy Crest from the Rural D
i
s
t
r
i
c
t
t
o
t
h
e
P
U
D
-
5
-
88-RM-6.5 District, subject to the terms and conditions of a de
v
e
l
o
p
e
r
'
s
a
g
r
e
e
m
e
n
t
.
Exhibit A, included with this Ordinance, gives the full legal
d
e
s
c
r
i
p
t
i
o
n
o
f
t
h
i
s
property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane
/s/Gary D. Peterson
City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the
day of , 1988.
(A full copy of the text of this Ordinance is available from the
C
i
t
y
C
l
e
r
k
.
)
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources
DATE: June 29, 1988
SUBJECT: Riley Lake Park Acquisition
In 1987 the City received a $490,000 LAWCON grant plus ($245,000 State and
Federal match with $245,000 City match) for acquisition of Riley Lake Park
and some development of Riley Park, including expansion of the beach, moving
of the boat access, adding additional parking, and construction of some
active play spaces.
Late in 1987 the Council authorized Staff to obtain an appraisal of the
Jacques property. This appraisal was completed by Russell Smith in March
of 1988 and Staff requested Mr. Smith to obtain some additional comparative
sales. The additional information was provided to City Staff in June. The
additional sales related to the Riley Lake Woods development that is occuring
on the southwest side of Riley Lake. Mr. Smith has indicated that additional
information does not change the original appraisal value that he has
established for the proposed 24 acre acquisition.
Mr. Smith has valued the 24 acre parcel at $277,000 which includes the
limited value of the buildings that are on the site. Mr. Smith has also
taken into account the value of the remaining farm and the impact of the
value of that land after a loss of majority of the lake shore property.
Attached is a summary of the appraisal. Staff requests authorization to
make an offer to Mrs. Jacques for the 24 acre parcel at the appraised value
of $277,000.
Staff would also like to note that the grant will fund 50% of the acquistion
of this parcel based on this appraisal. Therefore the total grant assistance
for acquisition of this parcel is $138,500.
Staff will be in attendance at the July 5th meeting to answer any questions
Council members may have on this proposed acquisition.
BL:cbn
APPRAISAL REPORT
REAL ESTATE
PARTIAL ACQUISITION
JACQUES PROPERTY
9018-9021 RILEY LAKE ROAD
EDEN PRAIRIE, MINNESOTA
RUSSELL SMITH ASSOCIATES, INC.
Specialists in Real Estate
WESTVIEW BUSINESS CENTER
.340 MENDELSSOIIN AVENUE NORTH • SUITE I3I
MINNEAPOLIS, MINNESOTA 53I27
/- •19h'
RUSSELL SMITH ASSOCIATES, INC.
Specialists in Real Estate
WESTVIEW BUSINESS CENTER
MENDELSSOHN AVENUE NORTH • SUITE 131
MINNEAPOLIS, MINNESOTA 55227
RUSSELL C. SMITH
(012) 505-5404 PHILLIP C. SMITH
March 7, 1988
Mr. Robert Lambert
Director of Community Services
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344
In Re: Our File #87097
Real Estate
Partial Acquisition
Jacques Property
9018-9021 Riley Lake Rd.
Eden Prairie, Minn.
Dear Mr. Lambert:
You have requested that I inspect the real estate
a
t
t
h
e
a
b
o
v
e
l
o
c
a
t
i
o
n
In order that I may advise you of my opinion cf i
t
s
f
a
i
r
m
a
r
k
e
t
v
a
l
u
e
,
both before and after the "taking" of certain p
a
r
t
s
o
f
t
h
i
s
p
r
o
p
e
r
t
y
b
y
the City of Eden Prairie for park purposes.
The legal description of this property is found
i
n
t
h
e
a
t
t
a
c
h
e
d
r
e
p
o
r
t
.
"Fair Market Value", as estimat&1 in this report
,
i
s
d
e
f
i
n
e
d
a
s
:
The highest price estimated in terms of money which the property will bring if exposed for sale in the open market
by a seller, who is willing but not obliged to sell, allowing a reasonable time to find a buyer, who is willing but not obliged to buy, both parties having full knowledge
of all the uses to which it is adapted and for which it is capable of being used.
RUSSELL SMITH ASSOCIATES, INC.
Mr. Robert Lambert
Page two
March 7, 1988
After careful consideration of the factors affe
c
t
i
n
g
t
h
e
v
a
l
u
e
o
f
t
h
i
s
property, it is my opinion that the fair mar
k
e
t
v
a
l
u
e
p
r
i
o
r
t
o
t
h
e
taking, is:
NINE HUNDRED FORTY SIX THOUSAND DOLLARS
($946,000)
After careful consideration of the factors af
f
e
c
t
i
n
g
v
a
l
u
e
o
f
t
h
i
s
property, it is my opinion that the fair market
v
a
l
u
e
o
f
t
h
i
s
p
r
o
p
e
r
t
y
,
after the taking, is:
SIX HUNDRED SIXTY NINE THOUSAND DOLLARS
($669,000)
The difference between these two values--i.e., th
e
d
a
m
a
g
e
s
-
-
i
s
:
TWO HUNDRED SEVENTY SEVEN THOUSAND DOLLARS
($277,000)
This property was inspected on March 5, 1988.
The above estimates of value are for land, build
i
n
g
a
n
d
n
o
r
m
a
l
b
u
i
l
d
i
n
g
appurtenances of lighting, heating, plumbing and
p
e
r
m
a
n
e
n
t
p
a
r
t
i
t
i
o
n
i
n
g
plus on-site improvements.
The attached appraisal report is intended to pr
o
v
i
d
e
a
d
e
s
c
r
i
p
t
i
o
n
o
f
the property and its environs, various approach
e
s
t
o
v
a
l
u
e
c
o
n
s
i
d
e
r
e
d
pertinent by the appraiser and other general info
r
m
a
t
i
o
n
r
e
l
a
t
i
n
g
t
o
t
h
e
property. The report is submitted, subject t
o
t
h
e
C
o
n
t
i
n
g
e
n
t
a
n
d
Limiting Conditions as set out in the "General I
n
f
o
r
m
a
t
i
o
n
"
s
e
c
t
i
o
n
o
f
this report. The value estimate is limited to
"
v
a
l
u
e
"
a
t
t
h
e
d
a
t
e
o
f
the appraisal. No underwritipg considerations
a
s
t
o
t
h
e
a
b
i
l
i
t
y
o
f
management, finances of the owners, etc., have
b
e
e
n
m
a
d
e
.
T
h
i
s
r
e
p
o
r
t
assumes that the owners have the resources and
c
a
p
a
c
i
t
i
e
s
t
o
o
w
n
a
n
d
maintain the property.
The attached appraisal report is submitted for you
r
i
n
s
p
e
c
t
i
o
n
.
Respectfully submitted,
ssell C. Smith
RCS/11r
RUSSELL SMITH ASSOCIATES, INC.
SUMMARY OF SALIENT FACTS AND IMPORTA
N
T
C
O
N
C
L
U
S
I
O
N
S
The subject property is a parcel of
l
a
n
d
i
f
f
p
r
o
v
e
d
w
i
t
h
t
w
o
r
e
s
i
d
e
n
c
e
s
plus farm out buildings. It is loc
a
t
e
d
a
t
9
0
1
8
-
2
1
R
i
l
e
y
L
a
k
e
R
o
a
d
i
n
Eden Prairie, Minnesota.
The Site (page #16) is irregular in
s
h
a
p
e
a
n
d
c
o
n
t
a
i
n
s
a
g
r
o
s
s
l
a
n
d
a
r
e
a
of approximately 121.3 acres. It is
z
o
n
e
d
R
u
r
a
l
.
_
The Highest and Best Use (page #21) o
f
t
h
e
u
n
d
e
r
l
y
i
n
g
l
a
n
d
i
s
c
o
n
s
i
d
e
r
e
d
by this appraiser to be for a residen
t
i
a
l
u
s
e
.
The assessor's opinion of market
v
a
l
u
e
f
o
r
t
h
e
T
a
x
e
s
a
n
d
A
s
s
e
s
s
e
d
Valuation (page #23) is $587,600. Ta
x
e
s
p
a
y
a
b
l
e
i
n
1
9
8
8
a
r
e
$
3
,
7
3
6
.
6
8
.
The public records show no outstand
i
n
g
s
p
e
c
i
a
l
a
s
s
e
s
s
m
e
n
t
s
a
t
t
h
e
d
a
t
e
of the appraisal._ _
_
.
_
The Estimate of Value, Before the
T
a
k
i
n
g
,
A
s
I
m
p
r
o
v
e
d
(
p
a
g
e
#
2
5
)
i
s
$946,000.
The Estimate of Value, After the Tak
i
n
g
,
(
p
a
g
e
#
3
2
)
i
s
$
6
6
9
,
0
0
0
.
The difference between these two val
u
e
s
-
-
i
.
e
.
,
t
h
e
d
a
m
a
g
e
s
-
-
i
s
$
2
7
7
,
0
0
0
.
This appraisal is made as of March 5,
1
9
8
8
.
The underlying assumption in this ap
p
r
a
i
s
a
l
i
s
t
h
a
t
t
h
e
r
e
p
o
r
t
w
i
l
l
b
e
used in a willing seller/willing buyer sale si
t
u
a
t
i
o
n
a
n
d
t
h
e
v
a
l
u
e
h
a
s
been estimated based on that assumptio
n
.
1
)449 0
. • •
•
I
.7n2,::;;
volley
; • n
• - f
;r:: .:4,•ennis
• twroyo-vx.7.rt,
' ... . ........ . ...... ... .....
...
• I f)c, en,nvc1 ,
•n •.t 11; 3 t,
• tu t u e ()I t it i u r
No e
• e &iflflg vegeldliwt
4"4 itAtrc i t
JULY 5,1988
43354 ABBY'S GREAT AMERICAN FOOD EXPENSES-CONCERT-ADULT PROGRAMS 87.12 43355 CITY OF EDEN PRAIRIE POSTAGE 10.00
43356 FLEET FARM WATER COOLERS-SUMMER PLAYGROUND 45.00 1357 MN DEPT OF P/S MOTOR VEHICLE REGISTRATION & EXCISE TAX 2224.51
,4358 AT& T SERVICE 374.19
43359 AT&T CONSUMER PRODUCTS DIV SERVICE 224.68
43360 CAROL BERGSTROM REFUND-SWIMMING LESSONS 11.50
43361 ANN BOLINE REFUND-SWIMMING LESSONS 17.00
43362 LORI BURKHARDT REFUND-SWIMMING LESSONS 1.75 43363 PAMELA CARNEY REFUND-SWIMMING LESSONS 17.00
43364 MARY DAVIS REFUND-ADULT PROGRAMS 9.50
43365 MARLENE DVORAK REFUND-ADULT PROGRAMS 9.50
43366 ELIZABETH HUNTLEY REFUND-ADULT PROGRAMS 9.50
43367 AMANDA HUTSON REFUND-SWIMMING LESSONS 12.50
43368 MIKAELA HUTSON REFUND-SWIMMING LESSONS 12.50 43369 ICMA BOOK-FIRE DEPT 42.70
43370 REBECCA JOHNSON REFUND-ADULT PROGRAMS 9.50 43371 TIM KRUSE REFUND-FAMILY RESIDENT MEMBERSHIP 106.68
43372 CARMELA LAUSENG REFUND-ADULT PROGRAMS 9.50 43373 LOUISE LEA REFUND-ADULT PROGRAMS 9.50
43374 KATHY LEMONS REFUND-ADULT PROGRAMS 9.50 43375 MINN P 0 S T BOARD LICENSE-POLICE DEPT 10.00 43376 MINNEGASCO SERVICE 325.10 43377 BILL NELSON REFUND-ADULT GOLF LESSONS 27.00 43378 HEATHER NELSON REFUND-CANOEING CLASS 7.00 43379 HEIDI NELSON REFUND-CANOEING CLASS 7.00 43380 NORTHWESTERN BELL SERVICE 1169.71 43381 NSP SERVICE 19509.14 '1 382 ELAINE OFTEDAL REFUND-SWIMMING LESSONS 19.00 383 VAL REYNOLDS REFUND-RESIDENT FAMILY MEMBERSHIP 121.26 43384 NANCY RONHOVDE REFUND-SWIMMING LESSONS 44.00 43385 SOUTHWEST TRAILS ASSOCIATION REIMBURSEMENT FOR SNOWMOBILE TRAILS 7486.42 43386 TANA TATNALL REFUND-SWIMMING LESSONS 36.00 43387 TOTAL ENTERTAINMENT -SOUND & LIGHT SHOW-1988 4TH OF JULY 450.00
CELEBRATION/FEES PAID
REFUND-PRESCHOOL PLAYGROUND 34.00
REFUND-ADULT PROGRAMS 9.50
SCHOOL-HUMAN RESOURCES 790.00
MAY & JUNE 88 PAGER SERVICE-POLICE DEPT 59.40
WINE 359.91
WINE 289.75
LIQUOR 7419.18
LIQUOR LIQUOR 6448.57
LIQUOR 6656.10
WINE
WINE
WINE
EXPENSES-BCA BUY FUND
-JULY 88 COPIER INSTALLMENT AGREEMENT-
POLICE DEPT
-STAGE LIGHTING/EQUIPMENT RENTAL-ICE SHOW-
COMMUNITY CENTER
CONFERENCE-FIRE DEPT
SCHOOL-STREET DEPT
0.00
1615.92
2018.68
328.50
100.00
300.00
740.00
60.00
30.00
43388 LYNN WALTERS
43389 MARIA YOUNGS
43390 UNIVERSITY OF MINNESOTA
43391 AIRSIGNAL INC
43392 EAGLE WINE CO
43393 EAST SIDE BEVERAGE CO
43394 GRIGGS COOPER & CO INC
43395 JOHNSON BROS WHOLESALE
43396 ED PHILLIPS & SONS CO
43397 VOID OUT CHECK
43398 PRIOR WINE CO
43399 QUALITY WINE CO
43400 THE WINE COMPANY
43401 ORRIN ALT
43402 DIAMOND ACCEPTANCE CORP
43403 GOPHER STAGE LIGHTING INC
43404 HENNEPIN TECHNICAL INSTITUTE
( '05 HENNEPIN TECHNICAL INSTITUTE
5972477
JULY 5,1988
LIFE VESTS-ROUND LAKE MARINA 143.92 JULY 88 MAINTENANCE AGREEMENT-CITY HALL 424.32
DUMP TRUCK-STREET DEPT 36646.00 WORKERS COMPENSATION INSURANCE 41722.00
PAINT VEHICLE-EQUIPMENT MAINTENANCE 407.00 DESKTOP COPIER-POLICE FORFEITURE-DRUGS 1663.05
-PRINTING-HOMESTEAD APPLICATIONS-$89.75- 1156.70 -ASSESSING DEPT/COMMUNITY PROFILE-$710.00-
PLANNING DEPT/SIGNS-$356.95-STREET DEPT
-01L/FUEL ADDITIVE/LAMP/ROTOR/CAP/CONTROL 212.08
-UNIT/FUEL-EQUIPMENT MAINTENANCE/PARK
MAINTENANCE/WATER DEPT/POLICE DEPT
EXPENSES-VIDEO AWARDS-PLANNING DEPT 516.00
PEDALS-PARK MAINTENANCE 37.50 SERVICE 831.75
SERVICE 128.56
REFUND-SKATING LESSONS 14.65
JULY 88 RENT-CITY HALL 17596.36 REPAIR OF SAILS-ROUND LAKE MARINA 46.00
JULY 88 MAINTENANCE AGREEMENT-CITY HALL 426.93 REFUND-CANOEING LESSONS 20.00 REFUND-PRESCHOOL PLAYGROUND 17.00 JULY 88 RENT-LIQUOR STORE 5518.75
REFUND-EXERCISE CLASS 24.00 REFUND-EXERCISE CLASS 16.00 REFUND-SWIMMING LESSONS 16.50 SERVICE 20964.20
SERVICE 158.05 EXPENSES-COMMUNITY CENTER 22.62 SERVICE 76.38 REFUND-SWIMMING LESSONS 18.25
REFUND-RACQUETBALL LESSONS 12.00 REFUND-SKATING LESSONS 38.00 TRANSMISSION REPAIR-WATER DEPT 623.22 WINE 60.27
LIQUOR 6533.57 LIQUOR 4481.72
LIQUOR 3628.25 WINE 62.04 WINE 96.54 LIQUOR 3041.81 LICENSE FEE-LIQUOR STORES 500.00 SERVICE 18763.58 JULY 88 RENT-LIQUOR STORE 4548.99 POSTAGE-SENIOR NEWSLETTER 59.99 ENTERTAINMENT-JULY 4TH CELEBRATION 100.00 ZOO TRIP-SENIOR PROGRAMS/FEES PAID 30.00 BUS DRIVER-TRANSPORTATION-SENIOR PROGRAMS 53.63 ROAD STRIPING-STREET DEPT 7347.00
3 HOLE PUNCHED XEROX PAPER-CITY HALL 178.90 OFFICE SUPPLIES-CITY HALL 525.46 REPAIR CAR WASH DOOR-POLICE BUILDING 48.00 FILM-POLICE DEPT 250.00 -AIR FRESHENER SERVICE-CITY HALL/UNIFORMS- 2021.80 -WATER DEPT/STREET DEPT/SEWER DEPT/PARKS
DEPT
43406 HOLIDAY PLUS
43407 IBM CORPORATION
4 3408 LAKELAND TRUCK CENTER
409 LEAGUE OF MN CITIES INS TRUST
43410 MAACO AUTO PAINTING
43411 METRO SALES INC
43412 PRAIRIE OFFSET PRINTING
43413 W GORDON SMITH CO
43414 GREGG NELSON TRAVEL
43415 ERCOA INDUSTRIES
43416 AT&T
43417 AT&T
43418 NANCY B1RKHOLZ
43419 BIRTCHER WELSH
43420 BOWER SAILS
43421 CITICORP NORTH AMERICA
43422 MARY DONELON
43423 ROBBIE HERMAN
43424 JASON NORTHCO PROP
43425 MARILYN JENSEN
43426 LINDA MIDDENDODRF
43427 CONNIE MIKELSON
43428 NSP
43429 NORTHWESTERN BELL
430 PETTY CASH
431 U S WEST CELLULAR INC
43432 ELLEN WHITNEY
43433 LINDA WILKES
43434 LEA WORCESTER
43435 WINDFIELD PERFORMANCE
43436 EAGLE WINE CO
43437 GRIGGS COOPER & CO INC
43438 ED PHILLIPS & SONS CO
43439 JOHNSON BROS WHOLESALE LIQUOR
43440 PAUSTIS & SONS CO
43441 PRIOR WINE CO
43442 QUALITY WINE CO
43443 BUREAU OF ATF
43444 NSP
43445 SOPPLEE'S 7 HI ENTERPRISES INC
43446 HOPKINS POSTMASTER
43447 THE BLUEBERRY COMPANY
43448 MINNESOTA ZOO
43449 RICKY YBARRA
43450 AAA STRIPING SERVICE INC
43451 A B DICK CO
43452 ACRO-MINNESOTA INC
43453 AIRLIFT DOORS INC
43454 ALPHA VIDEO & AUDIO
43455 AMERICAN LINEN SUPPLY CO
18182934
43456 AMERICAN SPEEDY PRINTING CENTERS
43457 AMERICAN WATER WORKS ASSOCIATION
43458 EARL F ANDERSEN & ASSOC INC
43459 ARMOR SECURITY INC
3460 ASPLUND COFFEE CO INC
461 ASS)CIATED ASPHALT INC
43462 ASSOC FOR RETARDED CITIZENS
43463 B R W INC
43464 BALLOONS N STUFF
43465 BACHMAN'S
43466 BRAUER & ASSOCIATES LTD
43467 BAUER BUILT
43468 TRACI BERGO
43469 CINDY BEEGLE
43470 BIFFS INC
43471 BLACKS PHOTOGRAPHY
43472 GREGORY BONGAARTS
43473 BRAUN PAVEMENT TECHNOLOGIES
43474 ED BRION
43475 BRO-TEX INC
43476 BSN CORP
43477 NATE D BUCK
43478 BURTON EQUIPMENT INC
'479 CARVER COUNTY TREASURER
43480 CENTRAIRE INC
43481 CENTURION TECHNOLOGY SYSTEMS INC
43482 ROY COLLINS
43483 COMMONWEALTH ELECTRIC OF MN INC
43484 COMPUTER PLACE
43485 COMPAS
43486 CONSTRUCTION FABRICS INC
43487 CONTINENTAL SAFETY EQUIP INC
43488 COPY EQUIPMENT INC
43489 CORPORATE RISK MANAGERS INC
43490 CRYSTAPLEX PLASTICS INC
43491 CUSTOM AUTOBODY
43492 AL CUTSHAW
43493 CUTLER-MAGNER COMPANY
43494 D & K PRINTING PLUS INC
43495 GENE DAHLKE
43496 DAKTRONICS INC
*05646
FORMS-WATER DEPT
BOOKS-WATER DEPT
SIGNS-PARK MAINTENANCE
KEYS-COMMUNITY CENTER
CONCESSION STAND SUPPLIES-COMMUNITY CENTER
BLACKTOP-STREET MAINTENANCE
REFUND-BUILDING PERMIT
-SERVICE-TRAFFIC STUDY/VALLEY VIEW RD/
-MITCHELL TO COUNTY RD 4/DELL RD/EVENER
WAY FEASIBILITY/COLUMBINE RD FEASIBILITY
BALLOONS/CLIPPER STRINGS-FIRE DEPT
EXPENSES-CITY HALL
SERVICE-PURGATORY CREEK/MCA ACQUISTION
ALIGNMENT-FORESTRY DEPT
SOFTBALL & VOLLEYBALL OFFICIAL/FEES PAID
REFUND-OVERPAYMENT UTILITY BILLING
WASTE DISPOSAL-PARK MAINTENANCE
-FILM/FILM PROCESSING/FRAME-PLANNING DEPT/
-POLICE DEPT/FIRE DEPT/ENGINEERING DEPT/
FORESTRY DEPT
EXPENSES-WATER DEPT
SERVICE-HOMEWARD HILLS ROAD
SOFTBALL OFFICIAL/FEES PAID
OIL RAGS/CLEANING SUPPLIES-EQUIPMENT MAINT
-6 TENNIS NETS-$519.00-PARK MAINTENANCE/
-BALLS/BOW STRINGS/TARGET FACES/MEASURING
-TAPE/RELAY BATONS/FOOTBALLS-AFTERNOON
PLAYGROUND
SOFTBALL OFFICIAL/FEES PAID
2 SAFETY LADDERS-WATER DEPT
-SERVICE-HWY 212 ENVIRONMENTAL IMPACT
STATEMENTS & STUDY REPORT
-AIRCONDITIONER REPAIR-CITY HALL/SENIOR
CENTER
NEW SQUAD CAR SETUP-POLICE DEPT
SOFTBALL OFFICIAL/FEES PAID
PUMP STARTER-WATER DEPT
TRAINING SUPPLIES-POLICE DEPT
-THEATRE IN THE PARKS-HISTORICAL &
CULTURAL COMMISSION
-EROSION MATERIALS/STAPLES-87 JULY STORM
DAMAGE
GAS MONITOR CALIBRATION-SEWER DEPT
PAINT-STREET MAINTENANCE
JUNE 88 INSURANCE CONSULTANT
-BOARDS/BASE COAT PAPER/PAPER LINE KIT-ICE
ARENA-COMMUNITY CENTER
REFINISH VEHICLE-WATER DEPT
SOFTBALL OFFICIAL/FEES PAID
QUICKLIME-WATER DEPT
-POSTER PRINTING-HISTORICAL & CULTURAL
COMMISSION
EXPENSES-FIRE DEPT
-SCOREBOARD REPAIR-ICE ARENA-COMMUNITY
CENTER
60.55
51.75
52.50
27.30
140.00
835.10
112.98
7298.11
1206.00
56.25
210.84
79.95
155.00
69.90
18.00
129.75
30.64
740.00
165.00
181.65
845.15
540.00
756.00
2218.06
402.23
986.00
15.00
409.20
68.40
150.00
633.75
57.50
109.20
530.00
311.00
207.80
30.00
6694.58
70.57
232.35
168.40
43497 DALCO -CARPETING-$256.60-POLICE BUILDING/
CLEANING SUPPLIES-COMMUNITY CENTER
43498 DEVOE & RAYNOLDS CO BRUSHES-WATER DEPT
43499 DICTAPHONE -PHONE RECORDER TRANSCRIBER-POLICE
FORFEITURE-DRUGS
1500 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT
,3501 DORHOLT INC PRINTING WATER WARNING POSTERS-WATER DEPT
43502 EARL DREBENSTEDT -THEATRE IN THE PARKS-HISTORICAL &
CULTURAL COMMISSION
43503 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT
43504 DRISKILLS SUPER VALU -CONCESSION STAND SUPPLIES/EXPENSES-
COMMUNITY CENTER
43505 EDEN PRAIRIE CHAMBER OF COMMERCE EDEN PRAIRIE PROFILE-PUBLIC INFORMATION
43506 CITY OF EDINA SERVICE-MAY 88 WATER TESTS
43507 ELK RIVER CONCRETE PRODUCTS -MANHOLE RINGS/CULVERT-SEWER DEPT/DRAINAGE
CONTROL
43508 CHRIS ENGER JUNE 88 EXPENSES
43509 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT
43510 ESS BROTHERS & SONS INC MANHOLE RINGS-SEWER DEPT
43511 ESTATE HOMES REFUND-BUILDING PERMIT
43512 FAIRCHILD MARKETING ADVERTISING-LIQUOR STORES
43513 FEED RITE CONTROLS INC CHEMICALS-WATER DEPT
43514 FIRST JOHN PHILIP SOUSA MEMORIAL -CONCERTS IN THE PARK-HISTORICAL &
CULTURAL COMMISSION
43515 FLOYD SECURITY -3RD QUARTER 88 SECURITY SYSTEM-LIQUOR
STORE
43516 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES
43517 FOX MCCUE & MURPHY 1987 AUDIT SERVICE
43518 G & K SERVICES TOWELS-LIQUOR STORE
43519 GETTING TO KNOW YOU ADVERTISING-LIQUOR STORES
A3520 JOE GLEASON HOCKEY & SOFTBALL OFFICIAL/FEES PAID
521 CHARLES GOBLE EXPENSES-FIRE DEPT
4.3522 GOODYEAR COMMERCIAL TIRE & SERVIC -TIRES-EQUIPMENT MAINTENANCE/WATER DEPT/
POLICE DEPT
43523 KARIN R GORI -CALLIGRAPHY FOR CERTIFICATES-HISTORICAL
& CULTURAL COMMISSION
43524 GREENKEEPER INC REPLACED SPRINKLER HEAD-POLICE BUILDING
43525 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT
43526 GREATER MPLS AREA BOARD OF REALTO BOOK-ASSESSING DEPT
43527 GUNNAR ELECTRIC CO INC ELECTRICAL REPAIR-SENIOR CENTER
43528 HACH CO LAB SUPPLIES-WATER DEPT
43529 HANSEN THORP PELLINEN OLSON INC SERVICE-SOUTHWEST STUDY AREA
43530 HARDRIVES
LIMESTONE-STREET MAINTENANCE 43531 JEAN L HARRIS
EXPENSES-COUNCILMEMBER
43532 DOUG HAYDEN
SOFTBALL OFFICIAL/FEES PAID
43533 HAYDEN MURPHY EQUIPMENT CO
POINTS-EQUIPMENT MAINTENANCE
43534 HENNEPIN COUNTY TREASURER
FILING FEE-PLANNING DEPT
43535 HENNEPIN COUNTY TREASURER
FILING FEE-CDBG PROGRAMS/ENGINEERING DEPT
43536 0 C HEY
REPLACE GLASS & DECAL ON COPIER-CITY HALL
43537 HENNEPIN TECHNICAL INSTITUTE
SCHOOLS-FIRE DEPT
43538 HOFFERS INC
FIELD MARKING-PARK MAINTENANCE
43539 HONEYWELL INC
CHART-WATER DEPT
43540 HYDRA SHIELD MANUFACTURING INC
SIGNS-WATER DEPT
43541 HYDRAULIC SERVICES INC -2 ENERGY CYLINDERS REPAIRED-EQUIPMENT
MAINTENANCE
656.60
58.24
999.41
1224.00
229.00
75.00
161.62
99.10
2285.00
131.00
318.89
20.00
36.43
346.00
1950.00
15.00
3404.60
300.00
376.00
708.97
14500.00
20.33
348.00
293.00
57.61
2312.54
5.00
119.85
108.80
55.00
194.61
115.19
10608.10
68.84
100.00
7.50
33.80
410.00
230.50
91.76
960.00
349.00
98.58
131.47
293.82
'90816
43542 IBM JULY 88 MAINTENANCE AGREEMENT-CITY HALL
43543 INDEPENDENT SCHOOL 01ST #272 -COPIES-SENIOR CENTER/ROOM RENTAL-
-COMMUNITY BAND/WASTE DISPOSAL-SENIOR
CENTER
4 3544 INTL OFFICE SYSTEMS INC -JUNE 88 MAINTENANCE AGREEMENT-CITY HALL/
PRINTWHEELS-FIRE DEPT
,3545 INTERSTATE DIESEL PRODUCTS INC -REPLACE EMERGENCY GENERATOR RADIATOR-FIRE
DEPT
43546 ISS INTER SERVICE SYSTEM JUNE 88 JANITORIAL SERVICE-CITY HALL
43547 FF JEDLICKI INC BACKHOE RENTAL-DRAINAGE CONTROL
43548 JAMCO INTERNATIONAL INC AWARD PLAQUE-POLICE DEPT
43549 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-WATER DEPT
43550 KAY JOHNSON EXERCISE INSTRUCTOR/FEES PAID
43551 KEITH KAPITAN SOFTBALL OFFICIAL/FEES PAID
43552 KATE KARNAS MILEAGE-PLANNING DEPT
43553 KENNEL AIRE BACK SCREEN FOR SQUAD CAR-POLICE DEPT
43554 BRADLEY J KNUTSON SOFTBALL OFFICIAL/FEES PAID
43555 TOM KOCH -CONCERTS IN THE PARKS-HISTORICAL &
CULTURAL COMMISSION
43556 KOPFMANN HOMES INC REFUND-PARK DEDICATION FEES
43557 KOKESH ATHLETIC SUPPLIES INC -BALLS/CHALKER WHEELS/BASES/STAKES-PARK
MAINTENANCE
43558 KOSS PAINT & WALLPAPER INC PAINT-HOMEWARD HILLS PARK BUILDING
43559 KRAEMERS HOME CENTER -BULBS/BATTERIES/SCREWDRIVER/SAW/BATTERIES
-PAINT/PUTTY/ROLLERS/SIGNS/SPRAYER PARTS/
-CHAIN-POLICE DEPT/WATER DEPT/STREET DEPT/
PARK MAINTENANCE
43560 KUSTOM ELECTRONICS INC -REMOTE CONTROL ASSEMBLY/RADAR REPAIR-
POLICE DEPT
43561 ROBERT LAMBERT -JUNE 88 EXPENSES-PARKS RECREATION &
NATURAL RESOURCES DEPT
J62 CINDY LANENBERG MILEAGE-FIRE DEPT
43563 LMCIT LIABILITY INSURANCE-CITY HALL
43564 L LEHMAN & ASSOCIATES INC MAY 88 LEGAL SERVICE-FLYING CLOUD LANDFILL
43565 JOHN LEROY CO NAILS-WATER DEPT
43566 LOGIS MAY 88 SERVICE
43567 MAC QUEEN EQUIPMENT INC -PULLEYS/PULLEY WELDS/SNAP RINGS-EQUIPMENT
MAINTENANCE
43568 PAT MCCARTY MILEAGE-WATER DEPT
43569 MCQUIRE & SONS PLBG & HTG REPAIR SILLS-COMMUNITY CENTER
43570 MCNEILUS STEEL INC -STEEL TUBING/STEEL BEAMS/ANGLE IRON-PARK
MAINTENANCE
43571 MCGLYNN BAKERIES INC -EXPENSES-CITY HALL/POLICE DEPT/COMMUNITY
CENTER
43572 MCGLYNN BAKERIES INC EXPENSES-CITY HALL/FIRE DEPT
43573 MEDICAL OXYGEN & EQUIP CO -OXYGEN/HYDROSTATIC TEST/REVALVING-FIRE
DEPT
43574 MEDICINE LAKE LINES TRANSPORTATION-SENIOR PROGRAMS/FEES PAID
43575 METRO WASTE CONTROL COMMISSION JULY 88 SEWER SERVICE CHARGES
43576 KAREN MICHAEL EXPENSES/MILEAGE-HUMAN RESOURCES
43577 MIDLAND PRODUCTS CO CONCESSION STAND SUPPLIES-ROUND LAKE BEACH
43578 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE
43579 HERMAN MILLER INC SHELF-ENGINEERING DEPT
43580 MINNESOTA BLUEPRINT OFFICE SUPPLIES-ENGINEERING DEPT
27463056
648.68
154.83
185.90
1070.04
1160.00
387.50
53.85
739.88
240.00
246.00
10.00
75.00
255.00
300.00
4040.00
336.68
42.64
156.51
157.10
321.00
32.25
112210.25
3469.56
76.29
7548.94
65.09
76.00
298.30
1031.54
136.32
89.87
618.20
103.75
136607.35
88.00
666.48
546.96
31.64
353.16
JULY 5,1988
e A362I PREFERRED IMAGE
BLOOD TESTS-POLICE DEPT 54.20
-88 RENT-ATHLETIC FIELDS/RIDING ARENA/ 556.80
TRAILS-PARKS DEPT
SERVICE 7.97
-JUNE 88 PAGER SERVICE-SEWER DEPT/WATER 83.50
DEPT
DUES-MAYOR 10.00
HELMETS-FIRE DEPT 70.00
ADVERTISING-LIQUOR STORES 273.60
SERVICE 55.25
-PRINTING-BUILDING DEPT-$313.61/FIRE DEPT- 2339.51
-$118.45/SURVEY FORMS-PARKS & REC DEPT-
-$1341.20/4TH OF JULY FLYER-COMMUNITY
CENTER-$566.25
SUPPLIES-LIQUOR STORE 34.45
RADIO REPAIR-FIRE DEPT 94.84
RIDING MOWER-PARK MAINTENANCE 6223.00
SOFTBALL OFFICIAL/FEES PAID 30.00
CANOE PADDLES-PARKS DEPT 281.50
EXPENSES-FIRE DEPT 24.93
DUES-POLICE DEPT 20.00
FILM-ASSESSING DEPT 306.25
DUES-PARKS RECREATION & NATURAL RESOURCES 125.00
-CONCERTS IN THE PARKS-HISTORICAL & 400.00
CULTURAL COMMISSION
-SERVICE-TERRACEWOOD DRIVE/BRYANT LAKE RD/ 13180.64
REPAIR STREETS DUE TO WATERMAIN BREAKS
TOOL BOX-STREET DEPT 108.71
UNIFORM-POLICE DEPT 18.00
CEMENT/RODS-SEWER DEPT/PARK MAINTENANCE 45.75
TYPEWRITER REPAIR/PRINTWHEEL-CITY HALL 61.95
BATTERIES-POLICE DEPT 47.52
AWARDS DINNER-COUNCIL 1814.28
SOFTBALL OFFICIAL/FEES PAID 330.00
PLASTIC CUPS-AFTERNOON PLAYGROUND 40.50
REFUND-OVERPAYMENT UTILITY BILLING 14.51
-CONCESSION STAND SUPPLIES-COMMUNITY 624.00
CENTER/ROUND LAKE BEACH
SOFTBALL OFFICIAL/FEES PAID 120.00
SERVICE 30.00
EXPENSES-COUNCILMEMBER 325.00
-INSTALLATION OF DISPOSAL/FAUCET-SENIOR 316.00
CENTER
SERVICE-PEST CONTROL 60.00
REFUND-OVERPAYMENT PLUMBING PERMIT 200.00
TROPHIES-ORGANIZED ATHLETICS 30.00
-LIGHT FIXTURE REPAIR-POLICE BUILDING/ 344.05
COMMUNITY CENTER
SCREWS/ANGLE IRONS-LIQUOR STORE 5.22
-CHARCOAL/NYLON CORD/PAPER PLATES/PLASTIC 231.29
-SPOONS/PAPER TOWELS/LETTERS/BROOM HANDLES
-SPRAY PAINT/CONCRETE/FILTERS/NIPPLES!
ELBOWS/CONNECTORS/REDUCERS-STREET MAINT
-T SHIRTS/POLO SHIRTS/SWEAT SUITS- 2573.80
ORGANIZED ATHLETICS/AFTERNOON PLAYGROUND
43581 MINNEAPOLIS HEALTH DEPARTMENT
43582 MINNEAPOLIS ST PAUL METROPOLITAN
3583 MINNESOTA CELLULAR TELEPHONE CO
43584 MINNESOTA COMMUNICATIONS CORP
43585 MINNESOTA MAYORS ASSOCIATION
43586 MN CONWAY FIRE & SAFETY
43587 MINNESOTA SUBURBAN NEWSPAPERS INC
43588 MN VALLEY ELECTRIC COOPERATIVE
43589 MINUTEMAN PRESS
43590 SHARON MORGANS NOVELTIES
43591 MOTOROLA INC
43592 MTI DISTRIBUTING CO
43593 GREGORY J MUELLER
43594 MUR CON & ASSOC'S
43595 MY CHEESE SHOP
43596 NATIONAL ASSOC OF POLICE PLANNERS
43597 NATIONAL CAMERA EXCHANGE
43598 NATIONAL RECREATION & PARK ASSOC
43599 NORTH SHORE BRASS
43600 J P NOREX INC
43601 NORTHERN HYDRAULICS
1602 CURTIS R OBERLANDER
J603 OCHS BRICK & TILE CO
43604 OFFICE PRODUCTS OF MN INC
43605 PAUL OHLIN SALES
43606 OLYMPIC HILLS GOLF CLUB
43607 HARRY H ORTLOFF
43608 PAPER WAREHOUSE
43609 GREGORY PAHR
43610 PEPSI/7-UP BOTTLING CO
43611 PATRICK PEREZ
43612 PET CREMATION SERVICE
43613 PATRICIA P1DCOCK
43614 PIPER PLUMBING INC
43615 PLUNKETI'S INC
43616 PLYMOUTH PLUMBING
43617 POMMER COMPANY INC
43618 PRAIRIE ELECTRIC COMPANY INC
43619 PRAIRIE HARDWARE
43620 PRAIRIE HARDWARE
3151202
JULY 5,1988
43622 PRESERVE INSURANCE AGENCY LIABILITY INSURANCE-LIQUOR STORES 22514.35 43623 RAPID SERV INC SAFETY LADDERS-WATER DEPT 21.00 4 3624 RICHARD ALAN PRODUCTIONS -THEATRE IN THE PARKS-HISTORICAL & 310.00 CULTURAL COMMISSION
43625 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-MITCHELL/RESEARCH STREET IMPROVE- 52653.24
-MENTS/MITCHELL RD FEASIBILITY UPDATE/
-ROWLAND RD FEASIBILITY/HIDDEN GLEN 3RD
-ADDITION/GOLDEN TRIANGLE DRIVE EXTENSION/
-COMPREHENSIVE SEWER POLICY PLAN/SHADY OAK
RIDGE/WYNDHAM CREST 43626 RIVIERA FINANCIAL SERVICES -CONNECTORS/NUTS/COTTER PINS/WASHERS/CAPS/ 612.75
-TERMINALS/DRILL BITS/ELBOWS/WELDING ALLOY
SPRING PINS/SCREWS-EQUIPMENT MAINTENANCE
43627 ROAD MACHINERY & SUPPLIES CO -VALVES/HOSES/HOOKS/CHAIN/SWITCHES/SPRINGS 483.37
EYELETS/STRAINERS-EQUIPMENT MAINTENANCE
43628 SAFETY KLEEN CORP -CLEANER/BRUSH ASSEMBLY/TROUBLE LIGHT- 168.00
-EQUIPMENT MAINTENANCE/EQUIPMENT RENTAL-
PARK MAINTENANCE 43629 KEITH W STONE ORAL BOARD EXAMINER-POLICE DEPT 100.00 43630 SALLY DISTRIBUTORS INC -BALLOONS/STRINGS/CLIPS/FLAGS-JULY 4TH 251.78 CELEBRATION
43631 SALTY DOGS -CONCERTS IN THE PARKS-HISTORICAL & 300.00 CULTURAL COMMISSION
43632 THE SANDWICH FACTORY INC EXPENSES-HUMAN SERVICES 50.77 43633 KEVIN SCHMIEG APRIL 88 EXPENSES-BUILDING DEPT 200.00 43634 VIVIAN SEEGERS NUTRITION INSTRUCTOR/FEES PAID 10.00 43635 STEVEN R SINELL JUNE 88 EXPENSES-ASSESSING DEPT 244.02 43636 W GORDON SMITH CO -CAPS/OIL/FLOOR DRAIN/BELT-WATER DEPT/ 102.89 EQUIPMENT MAINTENANCE/POLICE BUILDING
637 SNAP ON TOOLS CORP -WRENCHES/SCREWDRIVER SET/SOCKET/ADAPTOR- 156.25 EQUIPMENT MAINTENANCE
43638 SNAP PRINT INC FORMS-FORESTRY DEPT 67.05 43639 SOUTHWEST SUBURBAN PUBLISHING -LEGAL ADS-PLANNING DEPT/HAPPENINGS- 3478.44 -COMMUNITY CENTER/EMPLOYMENT ADS-
COMMUNITY CENTER/CITY HALL 43640 SPECIALTY SCREENING IDENTIFICATION STRIPS-FIRE DEPT 37.60 43641 SPIRIT COACHES INC ADULT OUTING-TRANSPORTATION-ADULT PROGRAMS 247.50 43642 STANDARD SPRING CO -NUTS & BOLTS/WASHERS/SPRINGS-EQUIPMENT 132.20 MAINTENANCE
43643 STEPP MFG CO INC PUMP/IGNITION/COUPLER-EQUIPMENT MAINT 1285.65 43644 STREICHERS PROFESSIONAL POLICE EQ -VESTS/EMBLEMS/HELMETS/RAIN GEAR/UNIFORMS/
846.78 -PAGER CASE/AMMUNITION/LIGHT BAR/SPOTLIGHT-
POLICE DEPT/FIRE DEPT/EQUIPMENT MAINT
43645 STS CONSULTANTS LTD SERVICE-WATER PLANT EXPANSION 110.00 43646 SUBURBAN CHEVROLET -WHEEL NUT/PIPE/GUAGE/TUBE ASSEMBLY/ 142.09 CIRCUIT BOARD-WATER DEPT/EQUIPMENT MAINT 43647 SUNSHINE CONSTRUCTION REFUND-PARK DEDICATION FEE 440.00 43648 SUPERIOR PLASTICS CORP PIPE-WATER DEPT 41.78 43649 NATALIE J SWAGGERT JUNE 88 EXPENSES-HUMAN RESOURCES 229.00 43650 T. G POWER SYSTEMS SERVICE PANEL PROTECTOR-POLICE DEPT 8700.00 43651 TROPICAL SNO OF MN CONCESSION STAND SUPPLIES-ROUND LAKE BEACH 374.22 43652 VALARIE TRADER AEROBICS INSTRUCTOR/FEES PAID 150.00 43653 TRESTMAN MUSIC CENTER MUSIC BOOK/ARTWORK-ART & MUSIC 104.00
,43654 TRUSTEE MPT F -CONCERTS IN THE PARKS-HISTORICAL & 512.00 CULTURAL COMMISSION
9507673
JULY 5,1988
43655 TWIN CITIES MUSICIANS UNION
4 3656 TV FANFARE
557 UNITED LABORATORIES INC
43658 UNITOG RENTAL SERVICES
43659 ALVIN VAN HORN
43660 VAUGHN DISPLAY
43661 VESSCO INC
43662 VICOM
43663 VIDEOTRONIX INC
43664 GAIL VOGEL
43665 CLARK WALKER
43666 JIM WALTER PAPERS
43667 REBECCA WARNER
43668 WATER PRODUCTS CO
43669 WATERITE INC
43670 WATSON FORSBERG CO
43671 PAUL WELIN
43672 X ERGON
-573 XEROX CORPORATION
,74 YOUNGSTEDTS INC
43675 SUK IL YUN
43676 ZEE MEDICAL SERVICE
43677 ZEP MANUFACTURING CO
43678 ZIEBART OF MINNESOTA INC
43679 KAY ZUCCARO
43680 R & R SPECIALTIES INC
39421 VOID OUT CHECK
42500 VOID OUT CHECK
43109 VOID OUT CHECK
43203 VOID OUT CHECK
43247 VOID OUT CHECK
43252 VOID OUT CHECK
43304 VOID OUT CHECK
43328 VOID OUT CHECK
5817845
-CONCERTS IN THE PARKS-HISTORICAL & 38.00
CULTURAL COMMISSION
ADVERTISING-LIQUOR STORE 130.00
CLEANING SUPPLIES-WATER DEPT 251.88
UNIFORMS-CITY EMPLOYEES 972.45
SOFTBALL OFFICIAL/FEES PAID 105.00
FLAG REPAIR-POLICE BUILDING 13.35
CHEMICAL FEEDER REPLACEMENT-WATER DEPT 4715.25
-JULY 88 TELEPHONE WIRE MAINTENANCE-PUBLIC 5.25
WORKS & PARKS BUILDING
OFFICE SUPPLIES-POLICE DEPT 691.63
REFUND-STARING LAKE PARK RENTAL 26.50
SOFTBALL OFFICIAL/FEES PAID 330.00
XEROX PAPER-CITY HALL/POLICE DEPT 825.00
MILEAGE-ELECTIONS 18.00
-10 1 1/2" METERS-$2950.00/2 3" METERS- 28181.42
-$2741.80/5 1 1/2" METERS-$1475.00/1 2"
-METER-$430.00/1 4" METER-$2238.40/
-276 5/8" METERS-$11900.28/CLEANER/HOSE/
-MASONRY SAWBLADES/47 5/8 GENERATOR-
-$1128.00/BOTTOM LINERS/VALVE BOX/TUBING
-CUTTER/PVC PIPE/MEASURING CHAMBER GASKET/
BRASS PLUGS/WIRE-SEWER DEPT/WATER DEPT
-CHLORINE INJECTOR/BUSHING/POOL REPAIR- 398.00
COMMUNITY CENTER
SERVICE-FIRE STATIONS #3 & 4 190141.00
SOFTBALL OFFICIAL/FEES PAID 105.00
WELDING EQUIPMENT-WATER DEPT 46.83
MAY 88 MAINTENANCE AGREEMENT-CITY HALL 90.00
WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 29.95
EXERCISE INSTRUCTOR/FEES PAID 108.00
1ST AID SUPPLIES-CITY HALL 30.60
CAR WASH SOAP-POLICE BUILDING 65.48
RUSTPROOFING-EQUIPMENT MAINTENANCE 190.00
AQUA AEROBICS INSTRUCTOR/FEES PAID 237.50
-ZAMBONI BLADES SHARPENED-ICE ARENA- 26.60
COMMUNITY CENTER
12.00-
125.00-
90.25-
888.00-
166888.00-
407.50-
991.70-
191.79-
$772916.49
DISTRIBUTION BY FUNDS
140240.89
48647.55
42171.47
36973.19
2662.46
2218.06
4900.00
3418.33
3022.03
190141.00
550.00
64164.92
4222.50
82302.61
139169.06
8102.42
10.00
10 GENERAL
11 CERTIFICATE OF INDEBT
15 LIQUOR STORE-P V M
17 LIQUOR STORE-PRESERVE
21 POLICE FORFEITURE
22 STATE AID COST
30 CASH PARK FEES
31 PARK ACQUIST & DEVELOP
33 UTILITY BOND FUND
39 86 FIRE STATION CONST
45 UTILITY DEBT FD ARB
51 IMPROVEMENT CONST FD
57 ROAD IMPROVEMENT CONST FD
73 WATER FUND
77 SEWER FUND
81 TRUST & ESCROW FUND
87 CDBG FUND
$772916.49
MEMO
TO: MAYOR AND CITY COUNCIL
THROUGH: CARL J. JULLIE, CITY MANAGER
FROM: ROGER A. PAULY, CITY ATTORNEY
DATED: JUNE 20, 1988
SUBJECT: RECREATION VEHICLE PARKING AND STORAGE
As a result of the comments concerning the draft ordinance
on the regulation of parking and storage of recreational vehicles
,
I have taken the following actions:
1. Amended draft Ordinance 22-88 by amending subsection 3(d)
contained in Section 2 thereof to the effect that recreational
vehicles parked or stored outside for a period in excess of
days must be owned by a person residing on the lot. This is to
permit the temporary parking of such a vehicle by a visitor.
2. Drafted an alternative ordinance modeled on the Bloomington
City Code provision, which is submitted herewith.
3. Drafted a second alternative ordinance based upon the
Bellevue, Nebraska, ordinance, which is also submitted herewith.
The Bloomington type ordinance contains one feature which would
make it rather difficult to enforce. That is the provision which
permits parking of recreational vehicles of seven feet or more in
height "in the buildable portion of a lot." In the enforcement
process, determining the bdildable portion of a lot would entail
at least the following actions:
a. Determining the zoning district in which a parcel is
situated;
Memo to Mayor and City Council
Page Two
June 20, 1988
b. Determining the setback provisions for the
p
a
r
t
i
c
u
l
a
r
district;
c. Resolving which of the side yards has the g
r
e
a
t
e
r
setback (e.g., R1-13.5 District requires a
1
0
-
f
o
o
t
s
e
t
b
a
c
k
o
n
o
n
e
side but a 25-foot setback on both sides; t
h
e
r
e
f
o
r
e
,
o
n
e
s
e
t
b
a
c
k
may be 10 feet, and the other setback 15 fe
e
t
,
o
r
a
n
y
c
o
m
b
i
n
a
t
i
o
n
in between). This could be very difficult
f
o
r
a
n
e
n
f
o
r
c
e
m
e
n
t
officer to determine.
While the Bellevue, Nebraska, model ordin
a
n
c
e
i
s
s
o
m
e
w
h
a
t
m
o
r
e
liberal than the original draft, it too r
e
q
u
i
r
e
s
c
e
r
t
a
i
n
j
u
d
g
m
e
n
t
s
to be made in the case of parking on a con
c
r
e
t
e
d
r
i
v
e
w
a
y
,
i
.
e
.
,
whether space is available in the rear ya
r
d
o
r
s
i
d
e
y
a
r
d
o
r
w
h
e
t
h
e
r
there is reasonable access to either the s
i
d
e
y
a
r
d
o
r
r
e
a
r
y
a
r
d
.
Also, there seems to be no rational basis
f
o
r
p
e
r
m
i
t
t
i
n
g
p
a
r
k
i
n
g
on a concrete driveway and not on other d
r
i
v
e
w
a
y
s
.
T
h
e
N
e
b
r
a
s
k
a
model requires the unit to be owned by the
r
e
s
i
d
e
n
t
o
n
w
h
o
s
e
property the unit is parked.
RAP:cw
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 22-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY
(1) ADDING THE DEFINITION OF RECREATIONAL VEHICLE, AND (2) ADDING
A NEW SECTION REGULATING OUTSIDE RECREATIONAL VEHICLE PARKING AND
STORAGE IN ALL ONE-FAMILY RESIDENTIAL DISTRICTS AND ALL MULTI-
FAMILY RESIDENTIAL DISTRICTS, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Section 11.02 entitled "Definitions" is
hereby amended by adding paragraph 38a which shall read as
follows:
[38a. "Recreational Vehicle" - Any trailer, watercraft,
snowmobile, pull camper, all terrain vehicle,
pickup mounted with topper, motorhome, travel
trailer or tent trailer, or other similar vehicle.
A recreational vehicle upon a trailer shall consti-
tute one recreational vehicle.]
Section 2. City Code Section 11.03, Subd. 3.J., entitled
"Outside Storage and Displays" is hereby amended by adding
subsection 3 to read as follows:
[3. The parking or storing of recreational vehicles
outside of an enclosed building or structure in all One-Family
Residential Districts and all Multi-Family Residential Districts
is prohibited, except as hereafter provided.
-1-
(a) No more than 2 recreational vehicles
may be stored or parked outside upon a lot.
(b) Recreational vehicles of a height of 7
feet or less may be parked or stored on a lot provided no part of
a recreational vehicle of a height of 7 feet or less may be
closer than 15 feet from the traveled portion of a street.
(c) Recreational vehicles of a height greater
than 7 feet may be parked or stored on (i) that part of a front
yard of a lot occupied by a driveway, provided the body of a rec-
reational vehicle may not be closer than 15 feet from the trav-
eled portion of a street, (ii) that part of a side or rear yard
of a lot not situated within 10 feet of a lot line, or (iii) that
part of a side yard within 10 feet of a lot line which is also
within that part of a front yard occupied by a driveway and is
not within 15 feet from the traveled portion of a street.
(d) Recreational vehicles parked or stored
outside for a period in excess of days must be owned by
a person residing on the lot.
(e) All recreational vehicles parked or
stored outside must be operable and exhibit current license or
registration plates or tags.]
Section 3. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and section 11.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
-2-
Section 4. 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
1988, and finally read and adopted and ordered published at
a
regular meeting of the City Council of said City on the
day of , 1988.
ATTEST:
City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the day of
, 1988.
RAP2 015-1
06-30-88
-3-
4a)I)
Bloomington model
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 22-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY
(1) ADDING THE DEFINITION OF RECREATIONAL VEHICLE, AND (2) ADDING
A NEW SECTION REGULATING OUTSIDE RECREATIONAL VEHICLE PARKING AND
STORAGE IN ALL ONE-FAMILY RESIDENTIAL DISTRICTS AND ALL MULTI-
FAMILY RESIDENTIAL DISTRICTS, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Section 11.02 entitled "Definitions" is
hereby amended by adding paragraph 38a which shall read as
follows:
[38a. "Recreational Vehicle" - Any trailer, watercraft,
snowmobile, pull camper, all terrain vehicle,
pickup mounted with topper, motorhome, travel
trailer or tent trailer, or other similar vehicle.
A recreational vehicle upon a trailer shall consti-
tute one recreational vehicle.]
Section 2. City Code Section 11.03, Subd. 3.3., entitled
"Outside Storage and Displays" is hereby amended by adding
subsection 3 to read as follows:
[3. The parking or storing of recreational vehicles
outside of an enclosed building or structure in all One-Family
Residential Districts and all Multi-Family Residential Districts
is prohibited, except as hereafter provided.
-1-
toio,
(a) Recreational vehicles less than seven
feet in height above the ground may be stored in any side or rear
yard except when such yard is adjacent to a street. In addition
to the general seven foot height permitted, minor portions of
such equipment not exceeding four square feet in vertical cross-
section as viewed from the adjacent lot line is permitted.
(b) Exterior storage of a recreational vehi-
cle which is seven feet or more in average height above the
ground is prohibited except in the buildable portion of a lot.
(c) No major recreational vehicle shall be
used for living, sleeping, or housekeeping purposes when stored
on a residential lot.
(d) No recreational vehicle shall be stored
out of doors on residential premises unless it is in condition
for safe and effective performance of the function for which it
is intended or can be made so at a cost not exceeding the value
of the equipment in its existing state; in no event shall any
such equipment be so stored for a period of more than 90 days if
not in condition for safe and efficient performance of its
intended function.]
Section 3. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 11.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
-2-
Section 4. This ordinance shall become effective fr
o
m
a
n
d
after its passage and publication.
FIRST READ at a regular meeting of the City Council
o
f
t
h
e
City of Eden Prairie on the day of
1988, and finally read and adopted and ordered pub
l
i
s
h
e
d
a
t
a
regular meeting of the City Council of said City on
t
h
e
day of , 1988.
ATTEST:
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the
day of
, 1988.
RAP2 015-2
06-16-88
-3-
Nebraska model
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY
(I) ADDING THE DEFINITIONS OF BOAT, RECREATIONAL VEHICLE, AND
TRAILER, AND (2) ADDING A NEW SECTION REGULATING OUTSIDE
RECREATIONAL VEHICLE PARKING AND STORAGE IN ALL ONE-FAMILY
RESIDENTIAL DISTRICTS AND ALL MULTI-FAMILY RESIDENTIAL DISTRICTS,
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Section 11.02 entitled "Definitions" is
hereby amended by adding paragraphs 3a, 38a, and 49a, which shall
read as follows:
[3a. "Boat" means a vehicle for traveling in or on
water. Height includes a trailer, if a boat is
mounted on a trailer.
38a. "Recreational Vehicle" means a vehicular unit pri-
marily designated as a temporary living quarters
for recreational, camping or travel use; it either
has its own motive power or is designed to be
mounted on or drawn by an automotive vehicle.
Recreational vehicle includes motor home, truck
camper, travel trailer, and camping trailer.
49a. "Trailer" means a vehicle without motive power,
designed so that it can be drawn by motor vehicle,
to be used for the carrying of persons or as a
human habitation.)
Section 2. City Code Section 11.03, Subd. 3.7., entitled
"Outside Storage and Displays" is hereby amended by adding
subsection 3 to read as follows:
[3. The parking or storing of recreational
vehicles, trailers, or boats outside of an enclosed building or
structure in all One-Family Residential Districts and all
Multi-Family Residential Districts is prohibited, except as here-
after provided.
(a) Outside in the side yard or rear yard
provided it is not nearer than 2 feet to the lot line.
(b) On a concrete driveway, provided:
(1) Space is not available in the rear
yard or side yard, or there is no reasonable access to either the
side yard or rear yard; a fence is not necessarily deemed to pre-
vent reasonable access; and,
(2) Inside parking is not possible.
(c) The body of a recreational vehicle,
trailer, or boat must be at least 13 feet from the face of any
curb.
(d) No part of a recreational vehicle,
trailer, or boat may extend over a public sidewalk or street.
(e) A recreational vehicle or trailer shall
not be:
(1) Used for dwelling purposes, except
for overnight sleeping for a maximum of 14 days in any one cal-
endar year. Cooking is not permitted at any time.
:
-2-
ILI-1-
%.
(
(2) Permanently connected to sewer
lines, water lines, or electricity. The recreational vehicle
m
a
y
be connected to electricity temporarily for charging batter
i
e
s
and other purposes.
(3) Used for storage of goods,
materials, or equipment other than those items considered t
o
b
e
part of the unit or essential for its immediate use.
(f) The unit shall be owned by the resident
on whose property the unit is parked for storage.)
Section 3. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Includi
n
g
Penalty for Violation" and Section 11.99 entitled "Violation
a
Misdemeanor" are hereby adopted in their entirety, by referenc
e
,
as though repeated verbatim herein.
Section 4. 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
1988, and finally read and adopted and ordered published at
a
regular meeting of the City Council of said City on the
day of , 1988.
ATTEST:
City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the day of
, 1988.
-3-
J
RAP2 015-3
06-16-88
-4-
MEMO
TO:
FROM:
THROUGH:
DATE:
RE:
Mayor and City Council
Jean Johnson, Zoning Administrator
Chris Enger, Director of Planning
June 27, 1988
THE BANK EDEN PRAIRIE'S REQUEST FOR SIGN CODE AMENDMENT
Background
Last year Signcrafters Outdoor Display, Inc. applied for a sign code varianc
e
t
o
appeal City Staff's determination that use of an electronic message center provi
d
i
n
g
information other than time, date, temperature, or similar public serv
i
c
e
information is not permitted by Code. This variance request was applied for
o
n
behalf of The Bank Eden Prairie.
The Board of Appeals and Adjustments upheld the Staff's determination. Attached
f
o
r
background are: BOA minutes and correspondence from City Attorney Rosow.
The Bank Eden Prairie did install the message center and have been using the si
g
n
for time, temperature, and public servic information.
City Code, Section 11.70
Motion signs are prohibited in all districts. A motion sign is defined as an
y
s
i
g
n
which revolves, rotates or has any moving parts.
No illuminated sign which changes in either color or intensity of light sh
a
l
l
b
e
permitted except one giving time, date, temperature, weather, or similar
p
u
b
l
i
c
service information.
Request
Signcrafters and The Bank Eden Prairie would like the City Council to con
s
i
d
e
r
changing the existing sign code so illuminated message boards could be us
e
d
t
o
promote business. Their request is outlined in the attached letter.
Staff Comments
Electronic reader boards and motion signs have been utilized inside buildings
f
o
r
a
number of years by banks, fast food restaurants, and other businesses to adver
t
i
s
e
banking rates, lunch specials, etc. Such inside use of these signs is allowed.
The sign technology today allows pictorials, animation, traveling messages, fla
s
h
i
n
g
characters and scroll movement. Examples would be the sports arenas score bo
a
r
d
s
and message boards.
If business promotion is allowed on outside electronic boards, many businesses w
i
l
l
opt for this type of advertising media. Todate requests have also been recei
v
e
d
from fast food restaurants, a chiropractor, and gas stations.
/-1(9J
The commercial district wall sign regulations allow
s
i
g
n
s
u
p
t
o
3
0
0
s
q
u
a
r
e
f
e
e
t
i
n
size. It is possible a business could have a 12 foot
h
i
g
h
x
2
5
f
o
o
t
w
i
d
e
e
l
e
c
t
r
o
n
i
c
board if their wall size is 5,000 square feet. Elect
r
o
n
i
c
b
o
a
r
d
s
i
g
n
s
o
f
t
h
i
s
s
i
z
e
or larger exist in some cities. For comparison, a sma
l
l
b
i
l
l
b
o
a
r
d
i
s
a
p
p
r
o
x
i
m
a
t
e
l
y
300 - 378 square feet in size.
Todate, no concerns have been received on the 2 ti
m
e
/
t
e
m
p
e
r
a
t
u
r
e
s
i
g
n
s
i
n
E
d
e
n
Prairie, but the possibilities exist on certain sites
i
n
t
o
w
n
.
I
f
e
l
e
c
t
r
o
n
i
c
r
e
a
d
e
r
boards are installed on building walls or as free st
a
n
d
i
n
g
s
i
g
n
s
i
n
p
r
o
x
i
m
i
t
y
t
o
other businesses or residential, objections will occur
,
e
s
p
e
c
i
a
l
l
y
i
f
t
h
e
b
o
a
r
d
s
a
r
e
large.
Summary
The existing sign code which allows changing electr
o
n
i
c
r
e
a
d
e
r
b
o
a
r
d
s
t
o
g
i
v
e
t
i
m
e
,
date temperature, and public service information p
r
o
v
i
d
e
s
n
e
c
e
s
s
a
r
y
a
n
d
i
m
p
o
r
t
a
n
t
messages to Eden Prairie residents and the travelin
g
p
u
b
l
i
c
.
I
f
b
u
s
i
n
e
s
s
p
r
o
m
o
t
i
o
n
is permitted, i.e. 35%, the residents' and the pu
b
l
i
c
'
s
c
h
a
n
c
e
t
o
r
e
a
d
"
c
a
t
c
h
"
information on time, temperature, weather, and pub
l
i
c
s
e
r
v
i
c
e
w
i
l
l
b
e
d
e
c
r
e
a
s
e
d
.
Staff does not support the Code amendment proposed.
If the Council entertains this code change reques
t
,
S
t
a
f
f
w
i
l
l
p
r
e
p
a
r
e
a
p
u
b
l
i
c
hearing notice, do a detail study, and schedule
t
h
e
i
t
e
m
b
e
f
o
r
e
t
h
e
P
l
a
n
n
i
n
g
Commission for comments.
If the Council does not choose to amend the Code, S
t
a
f
f
b
e
l
i
e
v
e
s
t
h
e
e
x
i
s
t
i
n
g
C
o
d
e
may benefit from a Code amendment which will give
a
m
a
x
i
m
u
M
h
e
i
g
h
t
a
n
d
s
i
z
e
t
o
electronic/motion reader boards exhibiting time, d
a
t
e
,
t
e
m
p
e
r
a
t
u
r
e
,
w
e
a
t
h
e
r
,
o
r
similar public service information.
The Bank
- 'Eden Prairie
May 2, 1988
Ms. Jean Johnson
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Dear Jean:
The bank has been using our Message Center
s
i
n
c
e
w
e
o
p
e
n
e
d
o
n
July 8, 1987. Since that time, the Message C
e
n
t
e
r
h
a
s
b
e
e
n
u
s
e
d
as a community service. We have been act
i
n
g
a
s
a
c
o
m
m
u
n
i
t
y
billboard -- informing the people of Eden P
r
a
i
r
i
e
o
f
a
v
a
r
i
e
t
y
o
f
community events -- activities such as high
s
c
h
o
o
l
e
v
e
n
t
s
,
L
i
o
n
s
Club fundraisers, ski lessons, Food Shel
f
d
r
o
p
s
i
t
e
s
,
E
d
e
n
Prairie Foundation, Eden Prairie Chamber of
C
o
m
m
e
r
c
e
,
C
o
m
m
u
n
i
t
y
Resource Pool, Eden Prairie Family Center,
a
n
d
t
h
e
l
i
s
t
g
o
e
s
o
n
.
We are interested in this community.
The bank is respectfully requesting that th
e
C
i
t
y
C
o
u
n
c
i
l
a
p
p
r
o
v
e
35% usage of the sign to promote community
A
w
a
r
e
n
e
s
s
o
f
t
h
e
b
a
n
k
-- examples of our messages would be:
A) Interest rates are at a low - refinance yo
u
r
h
o
m
e
today
B) Start a college fund for your children today
C) We are open 7 A.M. to 7 P.M.
D) See us for auto leasing
E) Open an account today
The bank would be sending this type of mess
a
g
e
a
l
o
n
g
w
i
t
h
p
u
b
l
i
c
service messages and the time and temperatu
r
e
.
T
h
i
s
r
e
q
u
e
s
t
w
i
l
l
not create a problem with traffic safety as
i
t
w
i
l
l
b
e
p
r
e
s
e
n
t
e
d
in the same manner that we currently use the
s
i
g
n
.
We look forward to a positive response on th
i
s
r
e
q
u
e
s
t
.
Thank you.
Sinc ely,
Robert M. Weiss
President and C.E.O.
RMW/hew
16395 Wagner Way • Eden Prairie, Minnesota 55344 • 612-934-5200
An office of The Bank Excustor
Signcrafters Outdoor Display, Inc.
7775 MAIN STREET NE
MINNEAPOLIS, MINNESOTA 55432 612.571-2995
February 8, 1988
City of Eden Prairie
Inspection Dept./Council
The Bank of Eden Prairie is requesting Council ap
p
r
o
v
a
l
t
o
u
s
e
357 of the Message Center to promote Community Se
r
v
i
c
e
f
o
r
t
h
e
B
a
n
k
,
for example:
A) "Interest Rates are
B) "Please think of the future, start your IRA toda
y
"
C) "Start saving for your children's college educat
i
o
n
"
D) "Loans for home improvements" etc.,
The Bank would be sending these messages along wi
t
h
P
u
b
l
i
c
Service messages and the Time and Temperature. T
h
i
s
r
e
q
u
e
s
t
w
i
l
l
not create a problem with the traffic safety. Th
e
B
a
n
k
h
a
s
r
e
c
e
i
v
e
d
many requests for Community Event messages, and
t
h
e
y
a
r
e
p
r
o
u
d
t
o
d
o
it for the Community.
We hope you will grant this request.
Si year e ly,
Jack J. Lawrance
President
Sipzertifters
Outdoor Display, Inc.
A COMPLETE SIGN SERVICE
JACK LAWRANCE
PRESIDENT
1612157i-299S
JJL/kb
1 54.NSTREETNE
TAINNEAINXISJANSS432
oi-
IL k, -1 ' 87-45 CITY J1 '/i _
111.
BOARD OF APPEALS AND ADJUSTMENTS
FINAL ORDER
RE: Petition of
Signcrafters Outdoor Display, Inc.
ADDRESS:
16395 Wagner Way
VARIANCE REQUEST: See Attached:
The Board of Appeals and Adjustments for the City of Eden Prairie at a
regular (special) meeting thereof duly considered the above petition and
after hearing and examining all of Z;12 ci ocr rcser'...2 and t'ic file therein does hereby find and order as follows:
I. All procedural requirements necessary for the review of said
variance have been met. (YES x NO )•
2. There are circumstances unique to the property under consideration,
and granting such variances does not violate the spirit and intent
of the City's Zoning and platting Code.
3. Variance Request #87-45 is herein Granted , Denied x
4. Conditions to the granting , Denial x, of said variance are as follows:
U The Board findS City Staff's interpretation of the City
Code true and correct and uphold Staff interpretation not to
_Permit an electronic center reader boards.
5. This variance shall be revoked within 15 days after notice of
failure to meet the required conditions has been given.
6. A copy of this crdcr shall Be forwarded to the applicant by the
City Clerk.
7. This order shall be effective ; however, this variance shall lapse and be of no effect unless the erection
or alternatives permitted shall occur within one (1) year of the
effective date unless said period of time is extended pursuant
to the appropriate procedures prior to the expiration of one
year from the effective date hereof.
8. All Board of Adjustments
Council review.
and Appeals actions are subject to City
• BOARD OF APPEALS AND ADJUSTMENTS
BY: a4/
DATED: 4 ' —;?•—r/7
/(koti
RFR:flc BY:
LANG, PAULY & GREGERSON, LTD.
ATTORNEYS AT LAW
230 SUBURBAN NATIONAL BANK
300 PRAIRIE CENTER DRIVE
EDEN PRAIRIE, MINNESOTA 55344
TELEPHONE: (612) 829-7355
ROBERT I. LANG
ROGER A. FAULT
DA VID H. GREG ERSON
RICHARD F. ROSOW
MARK I. JOHNSON
JOSEPH A. NOAH
JOHN W. LANG
DIANA P. MASSIE
LEA M DE SOUZA
MMNWOUSOFFICE
cosunmarA
OXWMEMMNSTREET
MNWEAPXMMMMESOTA55.02
0140014730
REPLYTOEMNPRMWOFFICE
May 22, 1987
Ms. Jean Johnson
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344
Re: Sign Crafters Outdoor Display
Dear Ms. Johnson:
I have reviewed the request for variance by Sign Crafters
Outdoor Display for an electronic message center on the bank
canopy. It is our opinion that City Code §11.70 Subd. 3(C) is a
restriction on use and therefore is not subject to the variance
procedure. Minnesota Statute §462.357 Subd. 6(2) provides that:
The Board of Appeals and Adjustments or the
governing body as the case may be, may not
permit as a variance any use that is not
permitted under the drdinance for property
in the zone where the effected person's land
is located.
The Board does have the power to hear and decide appeals in
cases of a dispute over a decision or determination made by the
administrative officer in the enforcement of the zoning
ordinance.
Very truly yours,
LANG, PAULY & GREGERSON, LTD.
J. Request #87-45, submitted by Signcrafters Outdoor Display, Inc,
f
o
r
property located at 16395 Wagner Way, Eden Prairie, Minnesota. The
request is for a variance from City Code, Chapter 2, Section 2.11,
Subdivision 2, for the Board of Appeals and Adjustments to hear an
appeal of determination made- by City Staff,Zoning Administrator, Staff
finds the use of an electronic message center, providing information
other than time, date, temperature, or similar public service infor-
mation is not permitted, based on City Code, Chapter 11, Section 11.
7
0
,
Subdivision 3, C.
Jack Lawrence, president of Signcrafters Outdoor Display, Inc. ,review
e
d
the request with the Board.
City Code, Chapter 11,Section 11.70, states the following:
No illuminated sign which changes in either color or intensity of
light shall be permitted except one giving time, date, temperature,
weather or similar public service information, The Building Officia
l
in granting permits for illuminated signs shall specify the hours
during which same permits for illuminated signs shall specify the
hours during which same may be kept lighted when necessary to preven
t
the creation of a nuisance. All illuminated signs shall have a
shielded light source and concealed wiring and conduit, and shall no
t
interfere with traffic signalization.
Lawrence stated that the message requested is for the Bank of Eden Prai
r
i
e
,
located at the northeast corner of Highway #5 and County Road #4.
Dra4ings were displayed.
Lawrence stated that the illumination is controlled by a sensor. It is
a
quality sign and would be a compliment to the City.
Lawrence said that similar message centers in St. Louis Park and Cry
s
t
a
l
have caused no problems in regard to traffic.
Krueger inquired about the letter from the City Attorney.(Exhibit 0)
Johnson said that it was determined that the Board could not grant
a
variance for a use which is not permitted by City Code, The applica
n
t
is appealing this Staff determination.
Lawrence said that they are asking for the bank use of 35% and 64% t
i
m
e
and temperature and public service.
Arockiasamy asked if the letters moved. Lawrence said that they cou
l
d
m
o
v
e
from left to right or up and down, The letters do not jump.
Johnson stated that other banks have not requested reader boards yet
,
Requests from fast food restaurants have been received, but not perm
i
t
t
e
d
.
Longman was not against the sign. He felt that it could be good for
t
h
e
community.
Harvey asked if the sign would face Highway #5. Lawrence said yes, it
i
s
100 feet from the canopy to Highway #5.
MOTION: Harvey made a motion to deny Variance Request #87-45,
submitted by Signcrafters Outdoor Display, Inc. with the follow
i
n
g
findings:
1) The Board lo4 fincisCity Staff's interpretation of the City Code
true and correct and uphold6Staff interpretation not to permit an
electronic center reader board.
Dean seconded the motion. Motion carried 4-1-0, Longman voted
n
a
y
,
Johnson stated that an appeal can be made to the City Council,
K. Reauest #87-46, submitted by All Land Cornoration for property located at 6501 168th Avenue West, Eden Prairie, Minnesota. The reouest is fore variance from City Code, ChapteTT 11.03, Subdivision 3, A, to permit platting of a corner lot with a widEh of 85'7CitTC -Ode -rjmiires a minimum width for a corner lot of -95' and in no case less than 90'),
Steve Pellinen, civil engineer with Hansen, Thorp, Pellinen, Ols
o
n
,
I
n
c
.
,
presented the request to the Board,
The applicant is in the process of subdividing and zoning from. R
u
r
a
l
t
o
R1-13,5, a 5 acre tract of property into 11 single family lots,
T
h
e
Planning Commission was concerned about the installation of a cul
-
d
e
-
s
a
c
,
They recommended approval of the subdivision with the conditi
o
n
t
h
a
t
t
h
e
plat depict a through street connection to 168th Street prior t
o
C
i
t
y
C
o
u
n
c
i
l
review.
The City Council reviewed the development proposal on June 16,
1
9
8
7
,
a
n
d
i
s
scheduled to approve 1st Reading July 7, 1987, based on a plat
w
i
t
h
a
through street.
Lot 2, Block 2, of proposed Majectic Oaks plat does not meet the
m
i
n
i
m
u
m
lot frontage required, The request is a 6% deviation from Code
.
Pellinen stated that the driveway for this lot would enter from
N
o
r
t
h
M
a
n
o
r
Road and no setback variance is needed for the lot.
Pelliene said that the request to reduce lot width to 85 will
r
e
s
u
l
t
i
n
a buildable lot while maintaining feasible developme.it of an 11
l
o
t
s
u
b
-
division, Numerous other site layouts have been explored, with
t
h
e
p
r
o
p
o
s
e
d
layout seeming the most workable and requiring just one varianc
e
.
There were no comments from the audience,
MOTION: Harvey made a motion to arprove Variance Request #877
4
6
,
submitted by All Land Corporation with the following findings:
1) City Council and Planning Commission have reviewed and approved
the development proposal based on a through street being incor-
porated into the plat,
2) All structures must meet the minimum building setback requiremen
t
s
of the R1-13,5 zoning district, The Board would not support
structure setback variances for proposed Lot 2, Block 4,
TO: MAYOR AND COUNCIL COUNCIL
FROM:
THROUGH:
DATE:
SUBJECT:
NATALIE J. SWAGGERT
DIRECTOR HUMAN RESOURCES/SERVICES
CARL J. JULLIE
CITY MANAGER
JUNE 29, 1988
STRATEGIC PLANNING
MID-YEAR REVIEW
Per your request, I contacted Barb Arney to obtain additional
dates that she would be available to facilitate our Strategic
Planning session.
The following dates are being held for your consideration.
July 30 (Saturday) 9 AM to I PM
or
10 AM to 2 PM
August 4 (Thursday) 5 PM to 9 PM
August 9 (Tuesday) 5 PH to 9 PM
August 10 (Wednesday) 5 PM to 9 PM
Once a date is selected the meeting location will be determined
and a final agenda will be prepared.
SPrevue
MEMO
TO: MAYOR AND CITY COUNCIL
THROUGH: CARL JULLIE, CITY MANAGER
FROM: ROGER A. PAULY, CITY ATTORNEY
SUBJECT: CANDIDATES' REPORTS
DATE: JUNE 30, 1988
Attached is a copy of Article 2 (211A.01-.010) and Article 3
(2118.01-.19), Chapter 578, Laws 1988. These laws are effec
t
i
v
e
July 1, 1988. Article 2, Chapter 211A, is essentially a rew
r
i
t
e
of Minnesota Statutes Chapter 210A, which has now been repea
l
e
d
.
Chapter 210A, which provided for the filing of reports by ca
n
d
i
-
dates for political office, exempted candidates for election
t
o
offices in cities of 20,000 or less in population. As you k
n
o
w
,
as a result, candidates for election to City of Eden Prairie
offices were exempt from those filing requirements. In lat
e
1
9
8
7
,
the City adopted Ordinance 53-87, a copy of which I am also
attaching, which provides for the filing of reports by cand
i
d
a
t
e
s
for election to City offices and which was modeled on Chapt
e
r
2
1
0
A
.
New Chapter 211A now requires candidates for election to al
l
C
i
t
y
offices, irrespective of population, who receive contributi
o
n
s
o
r
make disbursements of more than $750 in a calendar year to f
i
l
e
reports. As a result, candidates for offices of the City o
f
E
d
e
n
Prairie are now faced with the requirement of filing in acco
r
d
a
n
c
e
with City ordinance, as well as under State law. There are
b
o
t
h
differences and duplications between the two.
Memo to Mayor and Council
Page Two
June 30, 1988
I would suggest that the Council reexamine the ordinance in
light of the new State law in order to determine whether or not
to repeal the ordinance. It is my opinion that having two laws
essentially covering the same subject, but which have differences,
will be confusing to the candidates and will make for greater
difficulty in enforcement. Simplification of the process would
suggest repeal of the City ordinance.
RAP:cw
1988 REGULAR SESSION
Sec. 4. Minnesota Statutes 1980. section 383A.297, is amended to read:
383A.297 POLITICAL ACTIVITY.
Ni) employee in the classified service shall be under any obligation to contribute to a
political service or fund to any person, body, or committee, and no employee in the
classified service may be discharged, suspended, demoted, or otherwise disciplined or
prejudiced for refusal to do so. All employees in the classified and unclassified service
shall be subject to the prohibition on political activities set forth in article 3, section
:210-A.084 9.
Sec. 5. Minnesota Statutes 1987 Supplement, section 38313.041, is amended to read:
39313.041 CAMPAIGN FINANCING, DISCLOSURE OF ECONOMIC INTERESTS.
Sections 38313.041 to 38313.058 apply to the financing of campaigns for county elections
in Hennepin county and for city elections in home rule charter cities and statutory cities
located wholly within Hennepin county, having a population of 75,000 or more, and for
school board elections in the special school district No. 1, Minneapolis, and to disclosure of
economic interests by candidates and elected public officials of those jurisdictions. The
provisions of article 2, sections 2341A-,22 to 310.1;33 2 to 7 do not apply to the financing of
campaigns for elections subject to the provisions of sections 38313.041 to 38313.058.
- ARTICLE 2
Section 1. (211A.011 DEFINITIONS.
SubdivisIon 1, APPLICATION. The definitions in chapter 200 and this section apply
to this cl-Tapter.
Subd, 2. BALLOT QUESTION. "BallotAuestion" means apoposition placed on the
ballot to lievoted on by the voters ofone or more political subdivisions but not by all the
voters of the state.
Subd. 3. CANDIDATE. "Candidate" means an individual who seeks nomination or
election to a county, municipal, school district, or other political subdivision office. This
(iefinition does not include an indiZd -ual seeking a judicial office. For purposes of
sections 1 to 5 and 7, "candidate" also includes a candidate for the United States Senate
or House of Representatives.
Subd. 4. COMMITTEE. "Committee" means a corporation or association or persons
actiug together to influence the nomination, election, or defeat of a candidate or to promote or defeat a ballot Tiestion. Promoting or defeating a ballot question includes
efforts to jualify or prevent a proposition from qualifying for_placement on the ballot.
Subd. 5. CONTRIBUTION. "Contribution" means anything_of monetary value that is
given or loaned to a candidate or committee for a political purpose. "Contribution" does
not include a service provided without compensation by an individual.
Subd. 6. DISBURSEMENT. "Disbursement" means money, property, office Position
ssc any other thing of value that passes or is directly or indirectly conveyed, givn,
promised,_paid, emmded r.nledged, contributed, or lent.
Subd. 7. FILING OFFICER. "Filing officer" means the officer authorized by law to
accept affidavits of candidacy_or nominating petitions for an office or the officer
authorized by law to place a ballot question on the ballot.
Suhd. S. POLITICAL PURPOSES. An act is done for "political purposes" if it is of a
nature, done with the intent, or done in a way to influence or tend to influence, directly or
indirectly, voting at a_primary or an election or if it is done because a person is about to
vote, has voted, or has riqrained from voting at a primary or an election.
Sec. 2. 1211A.02] FINANCIAL REPORT.
Subdivision I. WHEN AND WIIERB FILED BY COMMITTEES. A committee or a candidate who receives contributions or makes disbursements of more than $750 in a
calendar year shall submit an initial report to the filing officer within 14 days after the
Additions In test sue Indicated by undedinc deletions by MOkerre- 421
'ICES
osing penalties; amending
; Minnesota Statutes 1987
or new law as Minnesota
es 1986. chapter 210A. as
ATE OF MINNESOTA:
/.01, is amended to read:
,
205, 205A, 206, 209, 209,
ction law.
d to read:
.1ot thii;-chantes--sball
sn
do-vio4tiotb----H-.therwarx
at.tornoy -t‘hall-pr;4,444.4.1-1.4
..c,a,n_pro4atre r-to-tho-g-rand
aititftt11-Y-tkoforat -any-daty
allcged violation of this
for instituting_n_prnsectif
the charge r with whatever
v who refuses or intention-
this chapter is gluilty of
fice. The county attorney,
violations of this chapter
ii-70.7iffi-drasys_an allegation
.-(7eed with the prosecution.
tied to read:
•ction or at an election to fill
:ates representative has the
ing the morning of election
!cause of the absence. An
erson may not directly or
1-....h—e--.7tubjest-to-tko--pcutalty
L'S employee. A person who
attorney shallprosecute
*SRI
Ch. 578
Art. 2
Ch. 578
Art 2
candidate or committee receives or makes disbursements of more than $750 and shall
continue .to make reports until a final report is filed. The committee or candidate must also file a report Ito January 31 of each_year following the year when the initial report
was filed In addition, in a year when the candidate's name or a ballot question appears
on the ballot, the candidate or committee shall file a report:
LI) ten days before the primary;
(21.tto days before the general election:
(3) seven days before a special_primarv:
LO seven days before a special electioni and
(5) 30 . days_ aftera special election.
Solid. 2. INFORMATION REQUIRED. The retort to be filed by a candidate or
committee must include:
(I) the name of the candidate or ballot question:
(21 the name and address of the person responsible for Mil:L .01e nort:
(3) the total amount of receints and exPenditures for the period from the last previous
rsport to nee days before the current report is due:
(1) the purpoL.te for each expenditure; and
yl,) the name of any individual or committee that during the year has made one or more
contributions that in the aggregate are equal to or greater than £500.
Subd,3, MUNICIPAL CHARTER PROVISIONS AND SPECIAL LAWS SAVED.
The provisions of this section requiring the filing of reports are in addition to the
provisions of any municipal charter reauiring . the filing of reports in connection with a
municipal primary, general election, spectql_primary, or special election, but they du not
replacecial IMVS providing filing renuirements for a municipality.
Suhd. •1. CONGRESSIONAL CANDIDATES. Candidates for election to the United
States House of Representatiwa.; or Senate and ins political committees raising money and making disbursements exclusively on behalf of anysme of those candiaaes may file
copies of them fnanciar disciosures required by federal law in lieu of the financial
statement required liv this section.
Sec. 3. 121IA.031 FINAL REPORT.
A candidate or committee may file a final report when all debts have been settled and
all assets in excess of $1041 in the aggregate are disposed of. The final report may be
filed at any time and must include the kinds of information contained in the financial
statements reouired ho section 2 for the pelfrom the last_previouR report to the date
of tho final report.
Sec. 4. (211A.041 SECRETARY OF STATE'S DUTIES.
Subdivision 1, REPORT FORMS. The secretarv of state shall prepare blanks for
reports required bv section 2. Copies MUst furnished throng the county auditor or
otherwise, as the secretary of state finds expedient, to a committee upon rtnuest or to a
candidate upon filing for office.
Subd. 2. DIGEST OF LAWS. The secretary of state, with the approval of the
attorney leneral, shall _prepare and print an easily understaMiable annotated digest of this ehaver. The secretary of state shall distribute the digtist in the same manner as the
report forms. required by subela-vishm 1.
Sec. 5. (211A.05} FAILURE TO FILE STATEMENT.
Subdivision I. PENALTY. A candidate who intentionally fails to file a report re-
quired by section 2 is . guilty of a miaemeanor. A member of a committee that fails to
file a report required by section 2 is guilty of a misdemeanor. An officer who issues a
certificate of election to a canaitte with knowledge that the candidate's financial
statement has not been filed is_guilty of a misdemeanor.
Subd. 2. NOTICE OF FAILURE TO FILE. If a candidate or committee fails to file a
report on the date it is due, the filing_officer shall immediately notify the county attorney
of the .countv where the candidate resides or where the committee headquarters is
422 Additions In teat are indicated by underline; deletions by teeata-
75th LEGISLATURE
1988 RE(
Tom' ated.
the failur
ttl-,youth 2-
Sec. 6.
A II-ea,
misileirea
(2) mut!
(it) iii tl1,
a candidat
01 does
LEI
itient!ty of
Sec. 7.
ALp2L,rson
in writiqg !
hill. char
provided in
Sec. 8.
A county
inlestigate,
tp_the_gtan
prforrn '
upon movie ,
forfeiture itt
thus sectaTii. •
chapter, the'
Subd. 2,
the_person's
tion_And_plo
shall recogii
action, ot..._LpLe
associate coo
thielissociate
the .co
Sec. 9. 12
Subdivisioi
can-iii-Jaire is
cummitted_hq
C andidate, the
.1 11_1La- ment dWI
enters the sup
stpplem-ehtal
fie riri •
Subd. 2. C
El). In a trial
void if the _coo
(I) an offem
taat_j_."t or cot
an act oi
reasonable ca6
Neither of th
75th LEGISLATURE
to of more than $750 . and shall
he committee oTcandid -ats_rnirit
the year when the initu_AMort
ame or a ballot questionity_p_ears
port:
1980 REGULAR SESSION
Ch. 578
Art. 2 l o cated. The c oun t y attorney _shall then immediately notify the candidate or committeepf
the failure ti file,_"If_araiport is not filed within ten days after the notification is maned,
the county attorney shill proceed under section 0.
Sec. 6. 1211A.06I FAILURE TO KEEP ACCOUNT; PENALTY.
A treasurer or other individual who receives money for a committee is_guiltv of a misdemeanor if the individual:
ill fails to keep a correct account as required by law;
mutilates. deraees, or destroys an account record; or
1:11 in the case of a committee, refuses upon request to_proyide financial information to
a candidate: and
01 does ant of these thiu),:s with the intent to conceal receipts or disbursements, the purpose of receipts or disbursementh, or the existence or amount of an unpaid debt or the ideraity of the person to whom it is owed.
Sec. 7. 1211A.071 HILLS WHEN RENDERED AND PAID.
Aierson who has a bill. char_le, or claim against a candidate's committee shall render it
in writing to the committee within 60 days after the material or service is provided. A
bill, charge, or claim that is riot presented within 60 days after the material or service is provided must not be paid.
Sec. 8. 1211A.081 COUNTY ATTORNEY INQUIRY.
A county attorney who is notified of an alleged violation of this chapter shall_promptiv
investigate. If there is probable cause to institute a prosecution, the county attorney
shallzoceed by complaint or present the charj, with whatever evidence has been found
to the grandiury. A county attorney who refuses or intentionally fails to faithfully
perform this or any other duty impo_sed by this chapn,r is gtdilty of a misdemeanor an
upon conviction shall forfeit his or her office. The county attorney, under penalty of
forfeiture of office, shall prosecute all violations of this chapter except for a violation of
this SPCI.1011: if, however, a complainant desires to withdraw a complaint under this chapter. the county attorney is not required to proceed with prosecution.
Subd._2. ASSOCIATE COUNSEL. Anyone except the person under investigation or
the Erson's agent may employ an attorney to assist the county attorney in the investiga-
tion and prosecution of a violation of this chapter. The county attorney and the court
shall recognize the attorney as associate counsel for the proceeding. A prosecution,
action, or proceeding mav not be dismissed without notice to the associate counsel. If the
associate counsel objects to the dismissal, the county attorney's reasons for dismissal and
the associate counsel's objgetions must be filed with the court and heard within the time
period the court requires.
Sec. 9. [211A.091 FORFEITURE OF NOMINATION OR OFFICE.
Subdivision I. FORFEITURE REQUIRED. Except as provided in subdivision 2, if a
candidate is convicted of violating a provision of this clipter or if an offense was
committed by another individual wan the knowledge, consent, or connivance of the
nUidate, the court, after entering the adjudication of gmltv shall enter a supplemental
lodgment declaring that the candidate has forfeited the nomination or office. If the court
enters the supplementaliudgment, it shall transmit to the filing officer a transcript of the
supplemental judgment, the nomination or office becomes vacant, and the vacancy must
be fill .1 as_pn • wi I t .
Subd. 2. CIRCUMSTANCES WHERE NOMINATION OR OFFICE NOT FORFEIT.
El).In a trial for a violation of this chapter, the candidate's nomination or election is not
void if the court finds that:
an offense, though committed to' the candidate or with the candidate's
knowled_ge, consent r or connivance, was trivial, or
(2an act or omission of a candidate arose from accidental miscalculation or other
rdi'asonable cause, but in any case not from a want —dr good faith and that it would be unjust for the candidate to forfeit the nomination or election.
!.4ither of these findings is a defense to a conviction under this chapter.
Additions in ten are Indicated by underline: deletions by ,4,40.3.4. 423
t to be filed by a candidate or
or filing the report _
the period from the last_previms
rig the year has made one or more
rater than £500.
AND SPECIAL LAWS SAVED.
.f reports are in addition to the
,g of reports in connectidn_with
•r special electionn but they do not
a 0-Heim-dim
di , for election to the United
doh, committees raising money
y one of those_eandidates_may file
terril law in lieu oi . the financial
len all _debts have been settled and
iosed or-The final report_ may he
mmation contained in ti' financial
d_i_e:Ia_stpLevious repprt _torneiMle
'TIES.
of statg_shalprepare blanks for
Med through the countv_auditor or
o a committee anon request_or to a
r state with tne_approval of the
drTderstandiahle annotated _digest of
1-,7-dig_est in the same manner as the
ENT.
entionallv fails to file a ren_ort_re-
semberpf a cOMmittee that fails to
wmeanor. An o fficer who issues a
qv, that the candidate rS financial
nor,
'and date or committee fails to file a
:ne-ifiately notify the county _attorney
,committee headquarters is
,ny by enemies
Li t
Ch. 578 75th LEGISLATURE
Art. 2
Sec. 10. 1211A.10) DISQUALIFIED INDIVIDUALS NOT TO HOLD VARIOUS PO.
SITIONS.
A candidate whose election to office has been set aside for a violation of this chapter
may not he appointedrduringthe_pfriod fixed by_h_Lw as the term of the office to fill a vacancy that may occur in the office. A candidate or other individual who is convicted of
a violation of this chapter may not beiRpointed, during theperiOTfixed by law as the term of the office with respect to which the election was held and the offense was
committed, to fill a vacancy in the office. An _apaoini.ment to an office made contrary to
this section is void.
A candidate or other individual who is convicted of a violation of this chapter is not
qualified, during_the_pyrod fixed by law as the term of the office with respect to which
the election was held and the offense was committed, to fill a vacancy in an office
f
o
r
which the legislature may establish qualifications mider article XII. section 3, of t
h
e
Minnesota Constitution.
Sec. 11. I211A.111 PENALTIES FOR VIOLATIONS.
A violation of this chanter for which no other penalty is provided is a misdemeanor.
1988 REG1
A pilrsoi
stating or i
a major pol
state in wri
endorsemei
to do so.
Sec. 3.
A person
campain
office_reia
Sec. 4. [
(a11 pers
other than -;
name and 1
disseminate,
guilty of an
ei
"Prt• qlAred
(s) In the
the
(d1Campai
gpestion
name of can
behalf of 'rim
Le..! This se
office sough!
catiare.
(11 This set-
SSeueb.d5iv.isifo21
odieah_orn_lia -
orpsriodical ;
the discIaime
a ver-T-
broadcast a
included at th
Subd. 2. A
acandidate o
political candi.
or as
Subd. 3, C
MENT. An o'
newspl.per,
ma_y_pot direct
tmn, nor may
If ublisher edit
influenciaLor
material in the
3 "PAID AM
P eilerenteiarte' drna
influence the v
on the e
Sec. 12. REPEALER.
Minnesota Statutes 1986. sections 2101 0i
2101.04;
amended by Laws 1987, chapter 266
2101.05; 2101.06; 2101.07; 2101.08; article 1, section 66: 2101.02 . 2101.03 -
2101.081: 2101.09, 2101.091; 2101.10: 2101.11; 2101.12: 2101.13; 2101.14; 2101.141;
2101.1:,; 2101.16; 2101.17; 2101.18 . 2101.19; 2101.20; 2101.21' 2101.23; 210/.24
2101.25: 2101.26, 2101.27 . 210/128: 2101.29; 2101.30; 2101.31; 2101-.T2 2101.33:
2101.31: 2101 3T 2101.36i 2101.37; 2101.38: 2101.39; 2101.40 . 2101.41; 2101.42i
2101.43 2101.44 . and Minnesota Statutes 1987 Supplement. section 2101.265, are
repealed.
Sec. 13. EFFECTIVE DATE.
This article applies to school district elections held after January 1 1909.
ARTICLE :3
Section 1. (2118.011 DEFINITIONS.
Subdivision 1. APPLICATION. The definitions in chapter 200 and this section apply
to this chapter.
Subd. 2. CAMPAIGN MATERIAL. "Campaign material" means any literature,_publi-
cation. or material tending_to influence voting at a primary or other election. except for
news items or editorial comments to: the news media.
Subd. 3. CANDIDATE. "Candidate" means an individual who seeks nomination or
election to a federal, statewide, legislative, judicial, or local office including special
districts. school districts, towns,_home rule charter and statutory cities,. and counties
except candidates for presiJent and vice:president of the United States.
Subd. .1. COMMITTEE. "Committee" means two or more_persons acting together or
a corporation or association acting to influence the nomination, election, or defeat of a
candidate or to _promote or defeat a ballot question. Promoting or defeating a ballot
question includes efforts to qualify or prevent a proposition from ( Lialifyill , for place-
ment on the ballot.
Subd. 5. DISBURSEMENT. "Disbursement" means an act through which money
, p.opertv. office, or_position or other thing of value IS directly or indirectly promised, paid,
spent, contributed, or lent, and any money, prortv, office, or position or other thing
o
f
value so promised or transferred.
Subd. 8. POLITICAL PURPOSES. An act is done for "political purposes" when the
act is intended or done to influence, directly or indirectly, voting at a primary or oth
e
r
election. _This does not include news items or atorial comments published or broadca
s
t
by the news media.
See. 2. 12118.021 FALSE CLAIM OF SUPPORT.
424 Additions in tell are Indicated by underline; deletions by strilteerti
j
IL;
Ch. 578
Art. 3
A person or candidate may not knowingly make,directly or indirectly, a false claim
stating_or implying that a candidate or ballot question has the support or endorsement of
a major 12oliticalparty or party unit or of an organization. A person or candidate may not
state in written campaign material that the candidate or ballot question has the support or
endorsement of an individual without first getting written permission from the individ -Ual
to do so
Sec. 3. 12118.0211 USE OF THE TERM REELECT.
A person or candidate may not, in the event of redistricting, use the term "reelect" in a
campaign for elective office unless the candidate is the incumbent of that office and the
office represents any part of the new district.
Sec. 4. 12118.031 CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.
(a) A person who participates in the preparation or dissemination of campaign material
other than as provided in section 5. subdivision 1, that does not prominently include the
name ,and address of the person or committee causing the material to he prepared or
disseminated in a disclaimer substantially in the form provided in paragraph (b) or (c) is
guilty of a misdemeanor.
00 Except in cases covered by paravraph (c). the required form of disclaimer is:
"Pripared and paid for by the committee. (address)."
(0 In the case of broadcast media, the required form of disclaimer is: "Paid for by
the committee.'
(ill Campaign material that is not circulated on behalf of a particular candidate or ballot
que_:uion_inust . atso include in the disclaimer either that it is in opposition to (insert
name of candidate or ballot question 1"; or that "this publication is not circulated on
behalf of any candidate or ballot Question".
(el This section does not apply to objects :Wing only the candidate's name and the
office sought fundraising ticketsor personal letters that are cleans being sent by the
c.onlidate
(II This section does not modify or repeal section
Sec. 5. 12118.011 PAID ADVERTISEMENTS IN NEWS.
Subdivision I. ACCEPTANCE OF PAID ADVERTISEMENTS. A newspaper, peri.
odical, or mag_azine may not ,ntentionallv acipt for insertion in the newspaper. magazine ;
or periodical a political advertisement unless the words "PAID ADVERTISEMENT." and
the disclaimer required under section 4 are included at the beginning or end of the
advertisement. A radio station television station, or cable s 'stem may not accept for
broadcast a political advertisement unless 012 words "PAIL) AD 'ERTIKEMENT" are
included at the beginning_or end of the advertisement.
Subd. 2. ADVERTISING RATES. Rates charged for advertising to support or_opppse
a candidate or ballot question must be the same as the charges made for any other
political candidate and may be no greater than charges made for any other comparable
purpose or use according to the seller's rate schedule.
Subd,3. COMPENSATION PROHIBITED, EXCEPT FOR PAID ADVERTISE
MENT. Ik'n owner, publisher, editor, reporter, agent, broadcaster, or employee of a
newspaps,r, periodical. magazine, radio or television broadcast station, or cable system
may not directly or indirectly solant. receive, or accept a_payment. promise, or compensa.
tion, nor may a ko-son pav or_p_romise to pay or in any manner compensate an owner,
publisher, editor. reporter agent, broadcaster, or employee directly or indirectly for
influencing or attempting to influence votingat, an election or primary through printed
material in the neNkLuaper orperiodical. or radio, television, or cable broadcast, except as
a "PAID ADVERTISEMENT" asprovided in this section.
SUbli 1 UNPAID MATERIAL IDENTIFICATION. Unpaid material published in a
newspaper, magazine, or other publication that is: (1) in unique typeset or otherwise
differentiated from other unpaid material, (21 designed to influence or attempt to
influence Ow voting, at any election or the assage or defeat of legislation. and (3) not
placed on the editomal page must be clearly identified as an editorial opinion.
Additions in teal are indicated by underline; deletion, by *Awe* 425
'OT TO HOLD VARIOUS P0-
for a violation of this chapter
the term of the office, to fill
r indiviefilasT+h7, is convicted of
the period fixed by 1:,aw aA_thp
ass held and the oftem,a,i_ was
t to an offi made tprj_tr_ary_to
violation of this chapter_i; not
he office with respect to .whivii
7fill a vacancy in in office
r article giT section 1, of the
._is_proyided is a mkdemeamiL
ed by Laws 19S7, chapter 266,
i5; '21.0A.0e0;-72I1th...07; _210A.4:
2: 210A.ff. 21)11.14; 2TUI.C..141 -;
Q7 210A.21 -72-10A.2 3 ; -2101.24:
2I01731; .3E 2151.7:1:
9_; 2101.40: 2101.41; 2101. 7 ;
olement section_210, a:e
ertry 1, 19S9. _
.apter 200 and this seetionapply
rial" means any literatime r_publi-
.arv or other election, except for
vidual who seeks nomination or
o r local office including spevial
it statutorY mties„azdi
frnii-ed
more_persons acting_ together or
ninati.on, election,,tir defeat of a
Promoting or7deleating a Talla
vition from nualiTving_for place-
s an act through which inphey,
ectIF_Ur-indirectly promised paid.
s uit ion or ot her thing_o_f
"politiealpurposes" wheti the
•ly, yoting_at aprimarvpr_iiti-
'0MT-1-1n71"it:, TUbiltihed or broadcast
leti. fitnetroutir
1988 RF
retaliate
necessih.
Sec. 1
Subdis
campauri
voter . wit
situated
p9litical
election._
or about
Subd.
or distrit
or distrzi
repeal se
Subd..
2erson tr
manner t
from you
Subd.
Sec. 12
Use of
related tr
when ma.
(1). jala
L21co_m_
(4)_pri
(5) offic
(6) cha
(7) othe
conduct t
padvidinc
election, a
See. 13.
Subdivi
ED. LE!
lends any
or who o
cmplovrne
to refrain
This sedti
of anotl7Mi
food or n(
Eithejailg_
Subd. 2
solicit, rec
Sec. 14.
The sect
print ante
Ch. 578
75th LEGISLATURE Art. 3
Sec. 6. 121111.051 FALSE POLITICAL AND CAMPAIGN MATERIAL; PENALTY;
EXCEPTIONS.
Subdivision I. CROSS MISDEMEANOR. A_ _person is guilty of a gross
m
i
s
d
e
m
e
a
n
o
r
who intentaitiallparticinates in the .preparation,_dissemination, or broadcast of_paid
ioivernsing or campaign material with respect to the periamal or political character or acts of a candidates whether or not defamatory, or with respect to the effect
of a ballot question. that the person knows or has reaso
n
t
o
b
e
l
i
e
v
e
i
s
f
a
l
s
e
a
n
d
t
h
a
t
i
s
ilesigned tir tends to elect, injure, Or defOat a camiidate for nomination or election to a
[midi , office or to_p_romete er ocfeat a ballot question.
A person is _guilty of a iiMalemeanor who intentionallv_participates in the drafting of a letter to the editor with respect tO the p(.Tsonal or political character or acts of a eanddinite,if defamatorv, or is iii respect to Int. effect of a ballot question., that the person knows is false and which is designed or tends to elect, injure, or defeat anv candidate for
nomination or election to a _public office or to promote or defeat a ballot question. Subd._2, EXCEPTION. Subdivision I does not anply to any person or organization
whose sole act is, in the normal course of their the pruitnI, manufacturing, or dissemination of the false information.
Sc.'. 7. (2101.061 UNDUE INFLUENCE ON VOTERS PROHIBITED.
A _person may not directly or indirectly use or threaten force, coercion,_violence, restraint, damage, harm. loss, including_loss of employment or economic rgprisal, undue influence, or temporal or spiritual Minn , against an individual to compel the individual to vote for or against a candidate or ballot question. Abduction, duress or fraud m
a
y
n
o
t
be used to obstruct °Litt -event the free exercise of the right to vote of a voter at a primary or election, or compel a voter to vote at a primary or election. Violation of this section is a cross misdemeanor.
Sec. S. [21111.071 SOLICITATION OF CONTRIBUTIONS PROHIBITED.
A religions. charitable, or educational organintion ma
y
not request a candidate or committee to contribute to the organization, to subscribe for the sAport of a club or organisation : to buv tickets to entertainment. or to_p_av for space in a po_hhcation. This section does not appdy to
(1) the solicitation of a business advertisement in periodical
s
i
n
w
h
i
c
h
t
h
e
c
a
n
d
i
d
a
t
e
w
a
s
a regular contributor. before candidacvi
c21 ordinar,y business advertisements,;
regularpdmnents to a religious. charitable, or educational organization, of which the candidate was a member, or to which the candidate was a contributor for more than six months before candidacy, or
(di ordinary contributions at church services.
Sec. 9. 121111.081 PROHIBITED PUBLIC EMPLOYEE ACTIVITIES.
An employee or official of the state or of a_political subdivision may not us
e
o
f
f
i
c
i
a
l
authority or influence to compel a prrson toandy for member
s
h
i
p
_
i
n
o
r
become a member of apolitical organization, to_pay or_promise to_pay a_polnicai
c
o
n
t
r
i
b
u
t
i
o
n
.
o
r
t
o
t
a
k
e
_
p
a
r
t
in political activity. A political subdivision may not impose or enforce addit:dnal limita-tions on the political activities of its employees.
Sec. 10. 1211BM1 INDUCING OR REFRAINING CANDIDACY; TIME OFF FOR
PUBLIC OFFICE MEETINGS.
Subdivision .), INDUCING OR REFRAINING FROM CANDIDACY. A
person mav. not reward or_prenuse to reward another in any manne
r
t
o
induce the person to he or refrain from or cease being a candidate. &person may
not solicit or receive a pa,y_ment, promise, or reward from another for this purpose.
Subd. '2. TIME OFF FOR PUBLIC OFFICE MEETINGS. Aperson elected to a public office must be_permitted time off from .regular employment to attend meetings nuired by _reason of the public office. The time off m
a
y
b
e
w
i
t
h
o
u
t
n
a
L
i
_
vith pay, or made uL with other hoses, as agreed between the employee and employer. When an emplovim takes time elf without .pay, the emph_..iyer shall make an effort to allow the
426 Addition, In teen are Indicated by underline; deletions by eatiketeds-
I
1988 REGULAR SESSION Ch. 578
Art. 3
employee to make up the time with other hours when the employee is available. No
retaliator; action may be taken by the employer for absences to attend meetings
necessitated by reason of the employee's public office.
Sec. 11. 1211B.10) ELECTION DAY PROHIBITIONS.
Subdivision 1. SOLICITING NEAR POLLING PLACES. A person may not display
campaign materiaLpost signs, ask, solicit, or in any manner try to induce or persuade a
voter within i.un_)11211. place or within 100 feet of the building in which a polling place is
situated on primary or election day to vote for or refrain from voting for a candidate or
ballot guestion. A person may not provide political badges, political buttons, or other
peltical insignia to be worn at or about the polling place on the day of a primary or
election. A political badge, political button or other political insignia may not he worn at
or about the polling place on primary or election day.
Subd. 2. ELECTION DAY CAMPAIGNING. A person may not broadcast circulate.
or distribute campalgn material, or cause campaign material to be broadcast, circulated.
or distributed on the (lay ot a primary or election. This subdivision does not modify or
repeal section 7.
Subd. 3. TRANSPORTATION OF VOTERS TO POLLING PLACE; PENALTY. A
EIrsiin transporting a voter to or from the polling place may not ask, solicit, or in any
manner try to induce or persuade a voter on primary or election day to vote or refrain
from voting for a candidate or ballot question.
Subd. 4. PENALTY. Violation of this section is a petty misdemeanor.
Sec. 12. [211B.111 LEGAL EXPENDITURES.
Use of funds collected for political purposes is prohibited unless the use is reasonable
related to the conduct of election campaigns. The following are_permitted expenditures
when made for political_purppses:
(1) salaries, wages, and fees;
(21 communications, mailing, trans_portation, and travel .;
(31 campaign advertising;
(:1) printing;
(5) office and other tpace and necessary equipment, furnishings, and incidental supplies: n charitable contributions of not more than $100 to any charity annually; and
(7) other expenses, not included in clauses (1) to (61, that are reasonably related to the
conduct of election campaigns. In addition, expenditures made for the purpose of
providing_ information to constituents, whether or not related to the conduct of an
election are permitted el(penses.
Sec. 13. 121113.121 BRIBERY, TREATING, AND SOLICITATION.
Subdivision 1. BRIBERY, ADVANCING MONEY, AND TREATING PROHIBIT-
ED. klerson who willfully, directly or indirectly. advances, pays, gives, promises, or
lends any money, food, liquor clothing„entertainment, or other thing of monetary value,
or who offers, promiseL or endeavors to obtain any money, position
'
appointment,
employment, or other valuable consideration, to orior a person, in order toinduce a voter
to refrain from voting, or to vote in a particular way, at an election, is guilty of a felony.
This section does notprevent a candidate from stating publicly preference for or support
of another candidate to be voted for at the same primary or election. Refreshments of
food or nonalcoholic beverages of nominal value consumed on the premises at a private
-6hering or public meeting are not prohibited under this section.
Subd. 2. CERTAIN SOLICITATIONS PROHIBITED. A person may not knowingly
solicit, receive, or accept any money,_property, or other thing .of monetary value or a
promise or pledge of these that is a disbursement prohibited by this section or section 15.
Sec. 14. 12118.131 DIGEST OF LAWS.
The secretary of state with the approval of the attorney general, shall prepare and
print an easily understandable digest of this chapter and annotations of it.
Ulty of a gross misdemeanor
ition or broadcast of Taal.
n-n the personal or p_olitical
o r with respect to the ,Afc!..t
belies ,. is fitle itnii that is
nomination _or ehiction to a
-ticipates in the draftinLof . a
cal character or acts et . a
.1Iot question,that tne pers.(11
or defeat any candidate for
ic defeat a ballot question.
any person or organization
e priniing,_rnanufacturing s or
PROHIBITED.
:en force. coercion, violence,
t or economic rept-L;al.mniiim
ial to compel the individual to
ion, duress, or fraud may not
right to vote of a voter at a
or election. Violation .of_this
iN' 0111131TED.
v ,.equest a candidate or
for the support of .a club_ or
r space in a publication. This
.als in which the candidate was.
.onal organization. of which the
, contributor for more than is
ACTIVITIES.
ubdivision may not use official
iberAtup in ,r becomea member
cal contribution or to take part
n se or enforce additionaLlinuta.
1NDIDACY; TIME OFF FOR
111 CANDIDACY. A person may
r to inducethe_person to be or
lot solicit or receive anayment,
TINGS. Alien:on elected to a
cmploymerit to attend meetings
iv be without_pay ;__N.6ili pay, or
nil employer. When an
an effort to allow the
Additions In leid are Indicated by underline; deletions by stribetnitt 427 shorn by stribeeete-
1988 Ito
electiont
d
tog et h er
ia_t
S
boo for
the coot:
fllUi't to
conimiotti
Subd.
advises ;
Sub the co o n
or wnert
Sec. Ii
Subniir
of an ab
cause fo
mu rt
The con
violation
wahdrav
wit h pro;
theS..11ut:,dr;n
tion and
shall re:
action, ii
the asses
and the ;
time per:
Sec. P
STANCE
Subdiv
in suhdmv
committe
judgineni
linters tn
supplenn
be filled
Subd,
Ea
void if tb
rea(2s1 an onab
and the c
or electIO
Sec. lb
l cs
Ch. 57S 75th LECISIATURE
Art, 3
The secretarv of state shall distribute the digest to candidates and committees through
the county auditor or otherwise as the secretary of state considers exinbent.
Sec. 15. I21111.111 CORPORATE POLITICAL CONTRIBUTIONS.
Subdivision I. DEFINITION. "Cooration” forpurpeines of this section means a
corporation organized for profit that does business in Minnesota.
Suhd. 2. PROHIBITED CONTRIBUTIONS. A corporation may not make a contribu-
tion or offer or :leap to make a contribution directly or milirectiv ot anv mom,.
property, free service of its officers or emploVeeti, or thing._ of monetary value to a rdnuor
political parts', organization, committee, or individual topromote or defeat the candidacy
of an_indiviiiind for nerninatio id election. or appointment to a political office. For the
purpose of this subdivision. "contribution" includes an expenditure topromote or —defeat
the election or nomination of a candidate to a political office that is made with the
authorization or oma-essed or implied consent of, or in coop,zration or in concert with, or at
the request or suggestion i:f. a Candidate or committee established to suppnrt or oppose a
candidate.
Suhd. 3 ; INDEPENDENT EXPENDITURES. A corporation may_not make an inde-
pendent expenditure or offer or agree to make an inde_vmdent expenditure to_promote or
defeat thzzcandidacv of an individual for nomination. election or appointment to a political
office. For thepzurpose of this subdivision. "independent expenditure means an expendi-
ture _that is net made with the authorization or expressed or implied consent of, or in
cooperation or concert with, or at the request or suggestion of. a l'andidate or committee
established to ,upport or oppose a candidate.
Subd. I. BALLOT QUESTION. A corporation may make contributions or expendi-
tures topromere or defeat a liallot question to qualify a umistion forplacement on the
ballot uniess otherwise prohibited by law, or to express its views on issues of public
concern. A corporation maxi not take a deduction as provided in section 290.09 for an
expenditure rniade under this imlaiivision. A corimration mac not make a contribution to a
candidate for nomination, election, or appointment to a political office or to a committee
organized Madly or partly to promote or defeat a candidate.
Solid. 5. NEWS 51EDIA. This section does not „prohibit publieation or broadcasting_pf
rows items or editorial comments by the news media.
Solid. 6, PENALTY FOR INDIVIDUALS. An officer, stockholder. agent, employee,
iiii n irtley, or other representative of a corporation actiniz in behalf of the corporation who
violates this section mac lie fined not more than $10,000 or he imprisoned for not more
than five yieurs, or both.
Solid. 7, PENALTY FOR CORPORATIONS. A coiT2ration convictod of violating
this section is subject to it not greater than :510.000. A convicted domestic corpor;t-
!t.' dissolved as well as fined. If a fortiiim or nonresident corporation is
convicted. in addition to being fined, its right to do business M this state may be deeiared
forfeited.
Suhd.. S. PERMITTED ACTIVITY; POLITICAL PARTY. It is not a violation of this
section for a political party, as ill dos in section 200.02, subdivision 7_,to form a nonprofit
corporation forth.' sole pmrpose of holding real prperty to be used exCrusivelv as the
partv's headquarters.
Solid. 9. MEDIA PROJECTS. It is not a violation of this section Mr a corporation to
contribute to or condu c t public media projects to encourage individuals to attend_precinct
caucuses. r n ighaer. or vote if th e _proiects are not controlled liv or opsrated for the
advantace of a candidate. political_partv, or committee.
Suhd. 10. MEETING FACILITIES. It is not, a violation of this section for a corpora-
tion to provide meeting facilities to :t committee r_politieni _party, or candidate on a
nondi-airmonatorv and nonpreferenual basis.
Subd. II. MESSACES ON CORPORATE PREMISES. It is nut a violation of this
se .chii:n Mr a corpiration lImb prolucts or services to thepid& to pst itspublic
premises messages that_promottparticipation no V!'ti1fc ,c'aucia s es 0 vot er rqg,i s t ra t ion.ur
.128 Additions in teal are Indicated by underline; deletions by strilleorts-
75th LEGISLATURE
les and committees through
osiders expedient:
RUTIONS.
,es of this section meap.._
isota.
on may not make a contritio-
r indirectly of any money,
of monetary value to_a_nAlt_r_
mote or defeat the candidacy
77-fiiifitical off ice._.Vor_the
inditure to promote or "titiha fTt
office that is made with the
ration or in concert with, or at
[dished to support or_o_ppos_o_a
ration may not make_aminde-
tent expenditure to_ahmote or
p* a phntment to a_political
venditure - means an e.x.pgli-
.d or implied consent tif r_or in
in of, a candidate or committee
make contributions or exnendi-
htLestioti—for placement .on the
; •iems on issues Oi_hoblic
nRi n section 290.09 for an
_
lay make a contribution tia
•olitical office or to a committee
late,
ationorliroadcastirt!Lt!
tr, stockholder, agent, employee,
Whehalf_of_the coghrira_ who
I) or be imprisoned for not more
,rporation convicted_ of_y_iolating
4. A convicted—dontelt;tic corpora-
iv
tess
orThonresident corporatidn
in this state man be declared
'ARTY. It is not a violation of this
.suliclivislim I, to 1O-91 -1-a. nopprofit
rtv to be _used exclusively as the
is section for a corporation to
:rage to_attend_precine-1.
ontrale-d -17Y- or operatedfor air
lation of this section for a corpora-
pars, or _iiandidate on a
USES. It not a violation of this
to public to post on its _public
Inc iuses. voter registration, or
neietions by Wilteeelt
1988 REGULAR SESSION Ch. 578
Art. 3
elections if the messages are not controlled by or operated for the advantage of a
candidate, political party, or committee.
Subd. 12. REPORTS REQUIRED. The total amount of an expenditure or contribu-
tion for any one project permitted by subdivisions 9 and 11 that is more than $200,
together with the date,_puaaose, and the names and addresses of the persons receiving
the contribution or expenditures, must be reported to the secretary of state. The reports
must be filed on forms_provided by the secretary of state on the dates required idi.
committees under article 2. section 2. Failure to file is a matTmeanor.
Subd. 13. AIDING VIOLATION; PENALTY. An individual who aids, abets, or
advises a violation of this section is guilty of a gross misdemeanor.
Subd. 14. PROSECUTIONS; VENUE. Violations of this section may be prosecuted in
the counts where the payment or contribution was made, where services were rendered,
or where money was paid or distributed.
Sec. 16. 12118.151 COUNTY ATTORNEY INQUIRY; ASSOCIATE COUNSEL
Subdivision I. COUNTY ATTORNEY INQUIRY. A county attorney who is notified
of an ath.*ed violation of this chapter shall promptly investigate. If there is probable
cause for instituting a prosecution, the county attorney shall proceed by complaint or
present the charge, with whatever evidence has been found, to the grand jury. A county
attorney who refuses or intentionally fails to faithfully perform this or any other duty
imposed by this chapter is guilty of a misdemeanor and upon conviction forfeits the office.
The COUIlly attorney, under the penalty of forfeiture of office,, shall prosecute ail
violations of this chapter except violations of this section. If„however, a complainant
withdraws an allegation under this chapter, the county attorney is not required to proceed
with prosecution.
Subd. 2. ASSOCIATE COUNSEL. Anyone except the person under investigation or
the person's agent may employ an attorney to assist the county attorney in the investiga-
tion and prosecution of a violation of this chapter. The county attorney and the court
shall recognize the attorney as associate counsel for the proceeding. A prosecution.
action, or_proceedimunust not be dismissed without notice to the associate counsel. If
the associate counsel objects to the dismissal, the county attorney's reasons for dismissal
ar-T(Fthe associate counsel's objections must be filed with the court and heard within the
time period the court requires.
Sec. 17. 1211B.161 FORFEITURE OF NOMINATION OR OFFICE; CIRCUM-
STANCES WHERE NOT FORFEITED.
Subdivision 1. FORFEITURE OF NOMINATION OR OFFICE. Except as provided
in -subdivision 2, if a candidate is found guilty of violating this chapter or an offense was
committed hi: another indwidual with the knowledge, consent, or connivance of OTC
candidate, the court, after entering the adjudication of guilty, shall enter a supplemental
judgment declaring that the candidate has forfeited the nomination or office. If the court
enters the supplementadjuagment, it shall transmit to the uhr—ik—aficer a transcript of the
supplemental judgment,the nomination or office becomes vacant, and the vacancy must
Fe filled as Jiroyided by law.
Subd. 2. CIRCUMSTANCES WHERE NOMINATION OR OFFICE NOT FORFEIT-
ED. In a -irial for a violation of this chapter, the candidate's nomination or election is not
void if the court finds that:
(Ilan offense, though committed by the candidate or with the candidate's knowledge,
consent or connivance, was triviali or
gl an act or omission of a candidate arose from accidental miscalculation or other
reasonable cause, but in any case not from a want of good faith,
and the court also finds that it would be unjust for a candidate to forfeit the nomination
or election.
None of these findings is a defense to a conviction under this chapter.
Sec. 18. 121111.171 DISQUALIFIED CANDIDATE NOT TO HOLD VARIOUS POSI-
TIONS.
Adtlailons in text an Indicated by urtderliml; dbibbbbs by biribbObb, 429
k,V,a TI
Ch. 578 75th LEGISLATURE Art. 3
A candidate whose eleetion to office has been set aside for a violation of this
c
h
a
p
t
e
r
mav not Ive_appointed, during_thfLperiod fixed by law as the term of the office
t
o
f
i
t
a
vacancy in that office. A candidate or other individual who is convicted of a viol
a
t
i
o
n
o
f
this chapter may not be appointed. daripg therriod fixed by law as the term of the
o
f
f
i
c
e
with respect to which the election was held and the offense was committed. t
o
f
i
l
l
s
—
VaCan,V that may occur in th... office. An iii.12Iltnient to an office ninthe contrary to the provisions of this section is void.
A candidate or other individual who is convicted of a violation of this chapter
i
s
n
o
t
qualified, duraltlie .pilriod fixed by law as the term of the office with realect to which
the election was held and the offense was committed, to fill a vacam:v in an off
i
c
e
f
o
r
winch the legislature may establish qualifications under article XII section 3,
o
f
t
h
e
Minnesota Constitution.
Sec. 19. 121113.181 PENALTIES FOR VIOLATION.
A violation of this chapter for which no otherifnaltv is provided is a misdem
e
a
n
o
r
.
Sec. 20. 121113.191 DENIAL OF ACCESS BY POLITICAL CANDIDATES TO
M
U
L
-
TIPLE UNIT DWELLINGS.
Subdivision 1. PROHIBITION. It is unlawful for aperson, either directly or ind
i
r
e
c
t
-
to deny access to an_apartment house dormitory, nursing home, manufactured
h
o
m
e
park, other multiple unit facility used as a residence, or an area in which two
o
r
m
o
r
e
singjf-familv dwellUTZTiri--e located on private roadways to a candidate who has filed for election to_public office or to camoio workers accompanied by the candidate, if the candidate and workers seeking admittance to the facility do so solely_for the p
u
r
p
o
s
e
o
f
carnpaignioiL A violation of this section is a petty misdemeanor.
Suhd. 2. EXCEPTIONS. Subdivision 1 does not prohibit:
(1) denial of admittance into a particular apartment, room, manufactured hotneor ifrsonal residential unit:
(21 requirimz reasonable and mner identification as a necessary prerequisite to admis-sion to a multiple unit dwelling;
01 in the case of a nursing home, denial of permission to visit certain persons for valid
health reasons;
(-11 limiting visits by candidates or workers accompanied by_the candidate to a reason-able number ofpersons or reasonable hoursi
requirim.7 a prior anpointmenttosain access to the facility' or
(6) denial of admittance to or expulsion from a multiple unit dwelling for good cau
s
e
.
Sec. 21. APPLICABILITY.
Nothing in section 17 or 18 may he construed to limit the ability of each hous
e
o
f
t
h
e
legislature to act as judge of the election returns and eligibility of its own me
m
b
e
r
s
.
Sec. 22. EFFECTIVE DATE.
This act is effective JAI" 1, 1988.
Approved April 2l, 1988.
COMMISSIONER OF IIEALTII—SUBPOENA POWER
CHAPTER 579
H.F.No. 421
AN ACT relating to health: authorizing the commissioner of health to
i
s
s
u
e
s
u
b
p
o
e
n
a
s
i
n
c
e
r
t
a
i
n
instances: proposing coding for new law in Minnesota Statutes, ch
a
p
t
e
r
l
a
d
RE IT ENACTED BY TUE LEGISLATURE OF THE STATE OF' MINNESOTA:
130 Additions In test are Indicated by underline; deletions by tai4teee4e-
19B
r.
he-al
can
of s
MO'
sion ,
E
tour
corm
Pf.rs'
tp4Lii
rp_ttLi
pert::
healt
thee
court
Set
Set
AK
EC(
AN A(
de.
for
41,
sul
BE
Sect
4IA.02
In an
(1) si
(2) ai
eorpory
(3) Se
bt_Liort
seeurin
ment. o
(4) oh
(5) 01
agree,
(5) en
board et
- F 7 ORDINANCE NO. sTs
AN ORDINANCE OF THE CITY OF ED
E
N
P
R
A
I
R
I
E
,
M
I
N
N
E
S
O
T
A
,
A
M
E
N
D
I
N
G
CITY CODE CHAPTER 2 BY ADDING S
E
C
T
I
O
N
2
.
8
8
R
E
Q
U
I
R
I
N
G
T
H
E
F
I
L
I
N
G
OF FINANCIAL STATEMENTS RELATING
T
O
R
E
C
E
I
P
T
S
A
N
D
D
I
S
B
U
R
S
E
M
E
N
T
S
B
Y
CANDIDATES AND COMMITTEES IN CO
N
N
E
C
T
I
O
N
W
I
T
H
C
I
T
Y
E
L
E
C
T
I
O
N
S
A
N
D
ADOPTING BY REFERENCE CITY CO
D
E
C
H
A
P
T
E
R
1
A
N
D
S
E
C
T
I
O
N
2
.
9
9
,
WHICH, AMONG OTHER THINGS, CONTAI
N
P
E
N
A
L
T
Y
P
R
O
V
I
S
I
O
N
S
:
THE CITY COUNCIL OF THE CITY OF E
D
E
N
P
R
A
I
R
I
E
,
M
I
N
N
E
S
O
T
A
,
O
R
D
A
I
N
S
:
Section 1. Eden Prairie City Code Chapt
e
r
2
i
s
a
m
e
n
d
e
d
b
y
adding Section 2.88 thereto, as f
o
l
l
o
w
s
:
Subd. 1. Definitions.
A. "City election" means an electi
o
n
h
e
l
d
i
n
t
h
e
City at which the voters of the
C
i
t
y
c
h
o
o
s
e
b
y
b
a
l
l
o
t
a
n
y
p
u
b
l
i
c
official for the City.
B. "Personal campaign committee" mea
n
s
a
n
y
c
o
m
m
i
t
-
tee appointed by a candidate for
a
n
y
c
i
t
y
e
l
e
c
t
i
o
n
.
C. A "political committee" shall co
n
s
i
s
t
o
f
e
v
e
r
y
two or more persons who shal
l
c
o
o
p
e
r
a
t
e
i
n
t
h
e
r
a
i
s
i
n
g
,
collecting, or disbursing of mo
n
e
y
u
s
e
d
,
o
r
t
o
b
e
u
s
e
d
,
f
o
r
o
r
against the election to public 'o
f
f
i
c
e
o
f
a
n
y
p
e
r
s
o
n
o
r
a
n
y
c
l
a
s
s
or number of persons in any cit
y
e
l
e
c
t
i
o
n
.
A
p
e
r
s
o
n
w
h
o
d
o
e
s
n
o
more than contribute money to a
p
o
l
i
t
i
c
a
l
c
o
m
m
i
t
t
e
e
s
h
a
l
l
n
o
t
b
e
deemed to be a member of a polit
i
c
a
l
c
o
m
m
i
t
t
e
e
.
D. "Disbursemants" means every act
by or through which any money, property, offic
e
,
o
r
p
o
s
i
t
i
o
n
o
r
o
t
h
e
r
t
h
i
n
g
o
f
value passes or is directly o
r
i
n
d
i
r
e
c
t
l
y
c
o
n
v
e
y
e
d
,
g
i
v
e
n
,
promised, paid, expended, pledge
d
,
c
o
n
t
r
i
b
u
t
e
d
,
o
r
l
e
n
t
,
a
n
d
a
l
s
o
any money, property, office, or posi
t
i
o
n
o
r
o
t
h
e
r
t
h
i
n
g
o
f
v
a
l
u
e
so given, provided,paid, expended, promised, pledged, _ _ . contributed, or lent.
. . ..... _
Subd. 2. Statements to Be Filed
Every candidate and
- every personal campaign committee sha
l
l
f
i
l
e
a
v
e
r
i
f
i
e
d
f
i
n
a
n
c
i
a
l
statement as follows:
A. Seven days before the election; and
. B. Seven' days after, the election.
The statement shall be verified upon
t
h
e
o
a
t
h
of the candidate or the personal cam
p
a
i
g
n
c
o
m
m
i
t
t
e
e
,
a
s
t
h
e
c
a
s
e
may be, and shall cover all transact
i
o
n
s
m
a
d
e
u
p
t
o
a
n
d
i
n
c
l
u
d
i
n
g
the third day before the filing
o
f
t
h
e
s
t
a
t
e
m
e
n
t
a
n
d
n
o
t
accounted for and reported upon in s
t
a
t
e
m
e
n
t
s
t
h
e
r
e
t
o
f
o
r
e
f
i
l
e
d
.
In the event of any transaction occ
u
r
r
i
n
g
a
f
t
e
r
t
h
e
t
h
i
r
d
d
a
y
before the filing of the statement a
f
t
e
r
t
h
e
e
l
e
c
t
i
o
n
,
a
s
t
a
t
e
-
ment setting forth such transacti
o
n
o
r
t
r
a
n
s
a
c
t
i
o
n
s
s
h
a
l
l
b
e
filed within thirty days after such
t
r
a
n
s
a
c
t
i
o
n
.
E
a
c
h
s
t
a
t
e
m
e
n
t
after the first shall contain a sum
m
a
r
y
o
f
a
l
l
p
r
e
c
e
d
i
n
g
s
t
a
t
e
-
ments and summarize all items theret
o
f
o
r
e
r
e
p
o
r
t
e
d
u
n
d
e
r
t
h
e
p
r
o
-
visions of this subdivision.
Subd. 3. Information Required.
The statement of a
candidate and a personal campaign c
o
m
m
i
t
t
e
e
s
h
a
l
l
g
i
v
e
i
n
f
u
l
l
detail:
A. Every sum of money and all property
,
a
n
d
e
v
e
r
y
other thing of value, received by
s
u
c
h
c
a
n
d
i
d
a
t
e
o
r
c
o
m
m
i
t
t
e
e
during such period from any source
w
h
a
t
s
o
e
v
e
r
w
h
i
c
h
s
u
c
h
c
a
n
d
i
-
-2-
,
o
0
date or the committee uses or has used, or is at liberty to use
for political purposes, the date when eac
h
w
a
s
r
e
c
e
i
v
e
d
,
a
n
d
t
h
e
total amount received from all sources in
a
n
y
a
m
o
u
n
t
o
r
m
a
n
n
e
r
;
. B. Every promise or pledge of money, property, or
other thing_of value, received by such c
a
n
d
i
d
a
t
e
o
r
c
o
m
m
i
t
t
e
e
during the period for which transactions
m
u
s
t
b
e
r
e
p
o
r
t
e
d
,
t
h
e
proceeds of which the candidate uses
o
r
h
a
s
u
s
e
d
,
o
r
i
s
a
t
liberty to use for -political -purposes, the special purposes for
which each was promised or pledged, th
e
d
a
t
e
w
h
e
n
e
a
c
h
.was so
promised or pledged, and the total amo
u
n
t
p
r
o
m
i
s
e
d
o
r
p
l
e
d
g
e
d
from all sources in any amounts or manner
;
C. Every disbursement by such candidat
e
f
o
r
political purposes or committee during s
u
c
h
p
e
r
i
o
d
,
t
h
e
s
p
e
c
i
f
i
c
purpose for which each was made, the date
w
h
e
n
e
a
c
h
w
a
s
m
a
d
e
,
a
n
d
the total amount of disbursements made i
n
a
n
y
a
m
o
u
n
t
s
o
r
m
a
n
n
e
r
;
and
D. Every obligation, expressed or implied, t
o
m
a
k
e
any disbursement incurred by such ca
n
d
i
d
a
t
e
f
o
r
p
o
l
i
t
i
c
a
l
purposes on committee during guch period
,
t
h
e
s
p
e
c
i
f
i
c
p
u
r
p
o
s
e
s
for which each was made, the date when ea
c
h
w
a
s
i
n
c
u
r
r
e
d
,
a
n
d
t
h
e
total amount of such obligations made in
a
n
y
a
m
o
u
n
t
s
o
r
m
a
n
n
e
r
.
E. The name of each person or source from wh
i
c
h
a
n
aggregate value of $250 or more of money,
p
r
o
p
e
r
t
y
o
r
o
t
h
e
r
t
h
i
n
g
of value was received, promised or
p
l
e
d
g
e
d
b
y
o
r
t
o
s
u
c
h
candidate for political purposes or commi
t
t
e
e
d
u
r
i
n
g
s
u
c
h
p
e
r
i
o
d
and any prior period or periods.
F. The name of each person to whom
a
d
i
s
b
u
r
s
e
m
e
n
t
or disbursements, or an obligaton,
e
x
p
r
e
s
s
e
d
o
r
i
m
p
l
i
e
d
,
t
o
m
a
k
e
a disbursement or disbursements, of
a
n
a
g
g
r
e
g
a
t
e
v
a
l
u
e
o
f
$
2
5
0
o
r
more was made or incurred by suc
h
c
a
n
d
i
d
a
t
e
f
o
r
p
o
l
i
t
i
c
a
l
purposes or committee during such pe
r
i
o
d
a
n
d
a
n
y
p
r
i
o
r
p
e
r
i
o
d
o
r
periods. -
Subd. 4. Statements by Political
C
o
m
m
i
t
t
e
e
s
.
Every
political committee-rshall.:'.file.a -. verified financial statement
within thirty days after a City elec
t
i
o
n
.
'
-The Statement shall
set forth the total amount of receip
t
s
a
n
d
d
i
s
b
u
r
s
e
m
e
n
t
s
a
n
d
t
h
e
purpose or purposes for which the d
i
s
b
u
r
s
e
m
e
n
t
s
w
e
r
e
m
a
d
e
.
T
h
e
statement shall also set forth the n
a
m
e
o
f
e
a
c
h
p
e
r
s
o
n
f
r
o
m
w
h
o
m
or to whom any money, property or o
t
h
e
r
t
h
i
n
g
o
f
v
a
l
u
e
h
a
v
i
n
g
a
n
aggregate value of $250 or more was
r
e
c
e
i
v
e
d
o
r
d
i
s
b
u
r
s
e
d
.
Subd. 5. Statement Forms. Forms f
o
r
s
t
a
t
e
m
e
n
t
s
s
h
a
l
l
be prepared by the City Clerk, and c
o
p
i
e
s
t
h
e
r
e
o
f
,
t
o
g
e
t
h
e
r
w
i
t
h
a copy of this section of the City
C
o
d
e
,
s
h
a
l
l
b
e
f
u
r
n
i
s
h
e
d
t
o
every candidate and committee of
w
h
i
c
h
t
h
e
C
i
t
y
C
l
e
r
k
h
a
s
knowledge, upon the filing for. elec
t
i
o
n
t
o
p
u
b
l
i
c
o
f
f
i
c
e
b
y
t
h
e
candidate, and to all other person
s
r
e
q
u
i
r
e
d
b
y
l
a
w
t
o
f
i
l
e
statements who may apply therefor.
T
h
e
v
e
r
i
f
i
e
d
f
i
n
a
n
c
i
a
l
s
t
a
t
e
-
ments shall be filed with the City C
l
e
r
k
.
Subd. 6. Notice and Penalty.
The City Clerk shall
notify a candidate and the members o
f
a
c
o
m
m
i
t
t
e
e
,
i
n
w
r
i
t
i
n
g
,
o
f
the failure to comply with this S
e
c
t
i
o
n
i
m
m
e
d
i
a
t
e
l
y
u
p
o
n
t
h
e
expiration of the time fixed for fi
l
i
n
g
o
f
a
s
t
a
t
e
m
e
n
t
,
a
n
d
i
f
-4-
the provisions of this Section shall not
b
e
c
o
m
p
l
i
e
d
w
i
t
h
w
i
t
h
i
n
ten_days.,after_the mailing of such noti
c
e
,
s
u
c
h
c
a
n
d
i
d
a
t
e
a
n
d
each member of a committee required to
f
i
l
e
s
u
c
h
s
t
a
t
e
m
e
n
t
t
o
whom such notice has been sent shall be g
u
i
l
t
y
o
f
a
m
i
s
d
e
m
e
a
n
o
r
.
Any:failure to comply with the provision
s
o
f
t
h
i
s
S
e
c
t
i
o
n
p
r
i
o
r
to such notice and expiration of such ten
d
a
y
s
s
h
a
l
l
n
o
t
c
o
n
s
t
i
-
tute a violation of this Section.
,.Section 2: —City Code Chapter 1 entitled _"General P
r
o
v
i
s
i
o
n
s
and Definitions Applicable to the Entir
e
C
i
t
y
C
o
d
e
•
I
n
c
l
u
d
i
n
g
Penalty for Violation" and Section 2.99
a
r
e
h
e
r
e
b
y
.
a
d
o
p
t
e
d
i
n
their entirety; by reference, as though re
p
e
a
t
e
d
v
e
r
b
a
t
i
m
h
e
r
e
i
n
.
Section 3. This ordinance shall become effective
f
r
o
m
a
n
d
after its passage and publication.
FIRST READ at a regular meeting of the
C
i
t
y
C
o
u
n
c
i
l
o
f
t
h
e
City of Eden Prairie on the day o
f
1987, and finally read and adopted and
o
r
d
e
r
e
d
p
u
b
l
i
s
h
e
d
a
t
a
regular meeting of the City Council of sa
i
d
C
i
t
y
o
n
t
h
e
day of
ATTEST:.-
, 1987.
City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the day of
, 1987.
RAP2 8457-1
10-27-87
-5-
MEMORANDUM
TO:
Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources
DATE: June 20, 1988
SUBJECT: June 9 Letter From Don Brauer Concerning High Water Levels in
Purgatory Creek Flood Storage Area
Attached is a June 9th letter from Don Brauer representing the Flagship
Athletic Club requesting the City of Eden Prairie to remove the obstruction in
Purgatory Creek that occurred during the 1985 construction season. This
obstruction was caused by erosion during the construction of Anderson Lakes
Parkway bridge over the creek, the Eden Place Apartments on the east side of
the creek and the Centex Homes project on the west side of the creek. Several
heavy rains occurred during that construction period, which caused erosion on
the steep slopes and allowed fill to flow over the erosion control fences of
all three projects into the creek. This has artificially raised the level of
the water in the floodplain west of the Flagship approximately 2 1/2 feet and
has developed a wet marsh in an area that had been farmed for the previous 80
years.
Mr. Brauer also points out that the City should immediately notify the
Watershed District, the Minnesota Department of Natural Resources and the Corp
of Engineers of the nature of the channel blockage and the corrective actions
which have been requested, and to request a confirmation of the "non wetland"
classification of the areas which have been flooded since the blockage.
The Parks, Recreation and Natural Resources staff concur with Mr. Brauer's
recommendation to clean the channel to its previous condition and to send
notices to the various governmental agencies responsible for regulating
wetlands. Staff would recommend proceeding with this project as soon as
possible, as the current dry condition of the creek will allow this fill to be
removed much easier than if a drag line were required. Staff would recommend
placing sand bags at the north end of the culvert to maintain the current
flooded condition until early August when all young waterfowl are able to fly.
Mr. Brauer had previously recommended to property owners surrounding the
Purgatory Creek Recreation Area that the City and the property owners consider
paying for an additional study of the water elevations in the Purgatory Creek
Recreation Area. He suggested that the City determine the feasibility of
lowering the 100 year flood elevation from the 824 to the 823 contour by
allowing the additional flood storage to occur downstream at Staring Lake or
in the Purgatory Creek valley between Staring Lake and Highway 169. The value
of this information would be to reduce the cost of developing the park if
trails could be set at lower elevations, and if additional fill could be
placed within the current floodplain for park development purposes. This
would only occur if the existing property owners would commit to donating
property below the existing 100 year flood elevation of 824 to insure that the
park would gain the additional land rather than the adjacent developers.
If this is feasible, the City could also maintain a higher water level in the floodplain in the Purgatory Creek Recreation Area, t
h
e
r
e
b
y
m
a
i
n
t
a
i
n
i
n
g
m
u
c
h
larger pond areas in this location.
Mr. Brauer also points out that the City should consid
e
r
d
o
i
n
g
a
n
e
n
t
i
r
e
d
i
t
c
h
cleaning project from Technology Drive, south to St
a
r
i
n
g
L
a
k
e
.
T
h
i
s
w
o
u
l
d
lower the water table in the floodplain area by an
a
d
d
i
t
i
o
n
a
l
f
o
o
t
,
w
h
i
c
h
would help dry out the surrounding property and save c
o
n
s
i
d
e
r
a
b
l
e
c
o
s
t
i
n
t
h
e
park development process. Staff concurs that the ju
d
i
c
i
a
l
d
i
t
c
h
s
h
o
u
l
d
b
e
cleaned out as a first phase of the park development
p
r
o
j
e
c
t
,
b
u
t
w
o
u
l
d
n
o
t
recommend initiating this project until there is a cl
e
a
r
c
o
m
m
i
t
m
e
n
t
o
f
l
a
n
d
dedication from all adjacent property owners.
The Purgatory Creek Recreation Area has been a typica
l
"
c
h
i
c
k
e
n
o
r
t
h
e
e
g
g
"
question. The City has consistently indicated that the
r
e
w
i
l
l
n
o
t
b
e
a
n
y
p
a
r
k
development until the City owns all of the property; ye
t
,
t
h
e
p
r
o
p
e
r
t
y
o
w
n
e
r
s
are hesitant in donating land for park purposes until t
h
e
y
a
r
e
c
e
r
t
a
i
n
t
h
a
t
a
park will developed in the relatively near future. Mr
.
B
r
a
u
e
r
p
o
i
n
t
s
o
u
t
i
n
number six of his letter that "with the water level q
u
e
s
t
i
o
n
r
e
s
o
l
v
e
d
i
n
a
park development program with initial phase constructi
o
n
b
i
d
s
f
o
r
m
e
r
l
y
b
e
f
o
r
e
the City Council all reservations, concerns, and uncert
a
i
n
t
i
e
s
w
h
i
c
h
h
a
v
e
m
a
d
e
the adjacent property owners reluctant to donate the necessary land should have been resolved." Staff would recommend the followi
n
g
p
r
o
p
o
s
e
d
t
i
m
e
t
a
b
l
e
for consideration by the City Council and adjacent prope
r
t
y
o
w
n
e
r
s
i
n
o
r
d
e
r
t
o
resolve those questions and pin down a park development
s
c
h
e
d
u
l
e
:
1. July 5, 1988 - Council authorize staff to proceed with the process
necessary to get the ditch cleaning underway. Thi
s
m
a
y
b
e
e
i
t
h
e
r
a
petition process or perhaps having the judicial ditc
h
a
b
a
n
d
o
n
e
d
s
o
t
h
e
Chapter 106 procedures can be eliminated in favor of Ch
a
p
t
e
r
1
0
5
l
a
w
s
t
h
a
t
are more applicable to urban drainage. (An item has be
e
n
i
n
c
l
u
d
e
d
o
n
t
h
e
July 6 Watershed District agenda to begin this discuss
i
o
n
(
p
r
o
c
e
s
s
)
.
T
h
e
Watershed District has already been notified of the "non
w
e
t
l
a
n
d
"
s
t
a
t
u
s
.
2. July 19, 1988 - Council review the report from Brauer
a
n
d
A
s
s
o
c
i
a
t
e
s
o
n
the study of the two possible entry points for th
e
P
u
r
g
a
t
o
r
y
C
r
e
e
k
Recreation Area, and authorize staff to negotiate a
c
q
u
i
s
i
t
i
o
n
o
f
t
h
e
preferred entry point.
3. July 19, 1988 - Council authorize staff to negotiate
a
n
a
g
r
e
e
m
e
n
t
w
i
t
h
each landowner to donate their land for park purpos
e
s
o
n
a
c
o
n
t
r
a
c
t
f
o
r
deed. The basis of the contract would be that the C
i
t
y
c
o
m
p
l
e
t
e
c
e
r
t
a
i
n
projects by agreed upon dates or contract is brok
e
n
a
n
d
t
h
e
p
r
o
p
e
r
t
y
reverts to the property owner. Suggested obligations
w
o
u
l
d
i
n
c
l
u
d
e
:
a. City complete a water level study to determine if ad
d
i
t
i
o
n
a
l
f
l
o
o
d
storage can occur downstream without any detrimen
t
a
l
e
f
f
e
c
t
s
t
o
Staring Lake Park, within 9 months of receiving all dee
d
s
.
b. City complete the dredging of the judicial ditch from Te
c
h
n
o
l
o
g
y
D
r
i
v
e
to Staring Lake, within one year of receiving all deeds.
C. City complete a feasibility study of the tax increment financing
district to provide funding for the first phase of the Purgatory Creek
Recreation Area, as well as other improvements to the "downtown area",
within in one year of receiving all deeds.
d. City initiate the first phase of the Purgatory Creek Recreation Area
project including the dredging of the pond and construction of the
trails, within 24 months of receiving all deeds.
If all of these are completed the contract for deed would be completed within
2 years of receiving all deeds, at which time the City would own the property,
and the contract would be let and initiated on the first phase of the
development of the Purgatory Creek Recreation Area, which is the major
component of the park system which includes development of the ponds and trail
system.
This time line requires both the property owners and the City to take some
action to initiate and complete this project. The City has the incentive to
proceed in order to obtain the land free and to begin improvements on this
highly visible "downtown park". The property owners have the incentive to
proceed because the City is committing to a timetable for park improvements
that they can use as a marketing tool and they have the possibility of gaining
additional value for the gifted land if the flood elevation can be lowered.
BL:mdd
NW\
NI*
June 9, 1988
Mayor And City Council
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
RE: HIGH WATER LEVELS IN PURGATORY CREEK FLOOD STORAGE AREA
BETWEEN ANDERSON LAKES PARKWAY AND TECHNOLOGY DRIVE
Ladies and Gentlemen:
This letter defines the imposed high water conditions in the major
center Purgatory Creek marsh area, the risks and costs to owners,
and specifically requests immediate actions by the City of Eden
Prairie which are necessary to relieve this difficult situation.
1. As a result of uncontrolled construction period erosion and the
subsequent placement of backfill and rip rap for the Anderson
Lakes Parkway roadway and bridge, the impoundment of
substantial volumes and resulting high levels of water upstream
from the bridge, threatens adjacent propertes and structures
with higher and more frequent flooding than is projected in the
approved City and Watershed District plans, required additional
construction time and expense in building, and continues to
impose additional facilty maintenance expenses on the Flagship
Athletic Club and other adjacent developed properties.
** THE CITY MUST MOVE QUICKLY TO CORRECT THIS PROBLEM BY
EXCAVATING THE CREEK CHANNEL TO CONFORM TO THE GRADE WHICH
EXISTED PRIOR TO THE CONSTRUCTION OF ANDERSON LAKES PARKWAY
AND BRIDGE AT NO COST TO THE PROPERTIES WITHIN THE JUDICIAL
DITCH DISTRICT.
2. These unnecessary and destructively high water levels
complicated and increased construction costs for the Flagship
Athletic Club, and continue to require additional facility
maintenance expense each year.
** THE CITY SHOULD REDUCE ASSESSMENTS FOR FUTURE DITCH OR PARK
CONSTRUCTION WORK BY AN AMOUNT EQUAL TO THE ADDITIONAL
CONSTRUCTION AND MAINTENANCE COSTS ACTUALLY INCURRED BY
PROPERTY OWNERS WITHIN THE JUDICIAL DITCH OR OTHER
ASSESSMENT DIS1RICT.
6116 Parnell Avenue, Edina, Minnesota 55424 • (612) 944-7533
EDEN PRAIRIE CITY COUNCIL
PURGATORY CREEK REQUEST PAGE 2
3. The unplanned impoundment has generated aqu
a
t
i
c
v
e
g
e
t
a
t
i
o
n
i
n
areas which have been cultivated for 80 or
m
o
r
e
y
e
a
r
s
.
B
o
t
h
the MnDNR and the Corps of Engineers are
c
u
r
r
e
n
t
l
y
c
o
n
s
i
d
e
r
i
n
g
the imposition of their permit procedures
u
p
o
n
t
h
e
d
e
v
e
l
o
p
m
e
n
t
of lands within and adjacent to the flood
p
l
a
i
n
b
e
c
a
u
s
e
o
f
t
h
e
presence of this aquatic vegetation. Deve
l
o
p
m
e
n
t
p
r
o
p
o
s
a
l
s
f
o
r
the adopted park plan and adjacent private
p
r
o
j
e
c
t
s
w
i
l
l
b
e
burdened with additional costs and delays
a
t
b
e
s
t
,
a
n
d
m
i
g
h
t
even be denied under their interpretation
o
f
s
t
a
t
u
t
o
r
y
responsibility. Immediate removal of the
c
h
a
n
n
e
l
b
l
o
c
k
a
g
e
i
s
essential.
f* THE CITY SHOULD IMMEDIATELY NOTIFY THE WATE
R
S
H
E
D
D
I
S
T
R
I
C
T
,
THE MINNESOTA DEPARTMENT OF NATURAL RESOURC
E
S
,
A
N
D
T
H
E
C
O
R
P
S
OF ENGINEERS, OF THE NATURE OF THE CHANNE
L
B
L
O
C
K
A
G
E
,
T
H
E
CORRECTIVE ACTIONS WHICH ARE UNDERWAY, AN
D
R
E
Q
U
E
S
T
CONFIRMATION OF THE "NON-WETLAND" CLASSIF
I
C
A
T
I
O
N
O
F
T
H
O
S
E
AREAS WHICH WERE FLOODED BY THE TEMPORARY
C
H
A
N
N
E
L
B
L
O
C
K
A
G
E
.
4. The unexpected "lake" has generated conside
r
a
b
l
e
i
n
t
e
r
e
s
t
i
n
exploring the possibility of larger areas a
n
d
a
h
i
g
h
e
r
n
o
r
m
a
l
water level for the proposed park ponds. I
f
t
h
e
n
o
r
m
a
l
w
a
t
e
r
level is to be raised, some flood storage
w
o
u
l
d
n
e
e
d
t
o
b
e
transferred otrt of this marsh. Because of
t
h
e
c
o
n
f
i
g
u
r
a
t
i
o
n
o
f
the channel and the marsh, a few inches of
f
l
o
o
d
r
e
d
u
c
t
i
o
n
f
r
o
m
the top down might well permit raising the
n
o
r
m
a
l
l
e
v
e
l
b
y
several feet. A higher operating level wou
l
d
r
e
q
u
i
r
e
l
e
s
s
excavation, or provide a larger water are
a
w
i
t
h
t
h
e
s
a
m
e
a
m
o
u
n
t
of excavation, which would very likely be
m
o
r
e
i
n
t
e
r
e
s
t
i
n
g
a
n
d
attractive than a marsh to most people. O
n
c
e
t
h
e
e
x
i
s
t
i
n
g
channel blockage has been removed and the
n
o
r
m
a
l
w
a
t
e
r
l
e
v
e
l
restored, the park construction work will
b
e
m
u
c
h
e
a
s
i
e
r
a
n
d
less costly to complete. A permanent cont
r
o
l
s
t
r
u
c
t
u
r
e
c
o
u
l
d
be constructed upstream from the Anderson
L
a
k
e
s
P
a
r
k
w
a
y
b
r
i
d
g
e
which would provide impoundment of water a
t
c
o
n
s
i
s
t
e
n
t
(
p
e
r
h
a
p
s
higher) levels, but also permit complete d
r
a
i
n
a
g
e
f
o
r
maintenance purposes.
** THE CITY SHOULD CALCULATE AND DEMONSTRA
T
E
T
H
E
I
M
P
A
C
T
O
F
A
TRANSFER OF FLOOD WATER STORAGE FROM THE
A
R
E
A
N
O
R
T
H
O
F
ANDERSON LAKES PARKWAY TO STARING LAKE OR
O
T
H
E
R
A
R
E
A
S
,
I
N
ORDER TO EVALUATE THE POTENTIAL FOR MAINT
A
I
N
I
N
G
A
H
I
G
H
E
R
NORMAL OPERATING WATER LEVEL OVER MUCH LA
R
G
E
R
P
O
N
D
A
R
E
A
S
I
N
THE PROPOSED PURGATORY MAJOR CENTER MARSH
A
R
E
A
P
A
R
K
.
5. While the erosion and backfill blockage ret
a
i
n
s
m
o
r
e
t
h
a
n
t
w
o
feet of impounded water above the pre-const
r
u
c
t
i
o
n
c
h
a
n
n
e
l
bottcml, that level is more than a foot abo
v
e
t
h
e
o
r
i
g
i
n
a
l
d
i
t
c
h
grade. If the entire channel from Staring
L
a
k
e
t
o
T
e
c
h
n
o
l
o
g
y
EDEN PRAIRIE CITY COUNCIL PURGATORY CREEK REQUEST PAGE 3
Drive was cleaned out to the or grade by the same contractor
who is selected to remove the blockage, some cost savings would
most likely be realized for this work- The further lowering of
the water level over the entire marsh and the groundwater level in
the surrounding lands would save considerable costs in park
development and some costs for adjacent land development as well.
This channel maintenance work could be assessed to the properties
in the judicial ditch district, but, since it is a necessary first
step of the park development pro)ect, it could be funded from
designated park fee funds, special assessments against a larger
major park improvement district, a tax increment finance district,
or all four sources.
** THE COUNCIL SHOULD DIRECT THE STAFF TO DEFINE ALL THREE
ASSESSMENT DISTRICTS, NOTIFY ALL AFFECTED PROPERTY OWNERS,
COMPLETE A PRELIMINARY PROJECT FEASIBILITY STUDY FOR THE
INITIAL PARK DEVELOPMENT PHASE (DREDGING) AND THE NEXT TWO
PHASES, DETERMINE THE TOTAL PARK DEVELOPMENT FEE AND OTHER
CITY FUNDS AVAILABLE FOR THIS PROJECT, MAKE A PRELIMINARY
SPREAD OF THE ASSESSMENTS OVER THE ENTIRE AREA OR A
COMBINATION OF ASSESSMENTS OVER EACH SEPARATE AREA, CONDUCT
A PUBLIC HEARING, AND AUTHORIZE THE INITIAL STAGE OF THE
PARK DEVELOPMENT PROJECT AS SOON AS REQUIRED PROPERTIES HAVE
BELN CONVEYED TO THE CITY.
6. With the water level question resolved and a park development
propram with initial phase construction bids formally before
the City Council, all of the reservations, concerns, and
uncertainties which have made the adjacent property owners
reluctant to contribute the necessary land should have been resolved.
** THE COUNCIL SHOULD AUTHORIZE THE CITY STAFF TO PREPARE A
DRAFT DOCUMENT TO COVER THE CONTRIBUTION OF PARK LANDS, AND
NEGOTIATE AN AGREEMENT WITH EACH LAND OWNER PRIOR TO THE
PUBLIC HEARING ON THE PROPOSED WORK (EXCEPT CHANNEL CLEARING
WHICH MUST PROCEED IMMEDIATELY).
The program oLtlined above is ambitious but should not be
overwhelming. The public and private benefits which will result
from the resolution of these issues and the development of a
signicant open space adjacent to the major center area are
considerable and desireable. Continuation of the uncertainty and
indecision of past years would be irresponsible.
THE BRAUER GROUP, INC.
Donald G. Brauer, P. E.
President and CEO
RESTAURANTS NO LIMIT INC.
*OPERATORS • CREATORS - DESIGNERS • LANDLORDS • DEVEL
O
P
E
R
S
•Lo rd Fletcher's of the Lake
The Bcanery • •B. Flanagan's
'The Wharf
Medium Rare • Pawn Shop
Pracna on Main
Herman's Steak House
Amalgamated Eating & Drinking
Company Underground
Forcpaugh's
D, B. Searles
Jose's
Jose's Refried Beanery
Nacgele's
Burma Shave
•Flagship Athletic Club
• I WATERTOWFIR PLACE
HIGHWAY 7 8e 494
4300 BAKER ROAD
NIINNETONKA, MN 55343
6 U-938-3000
June 14, 1988
The Honorable Gary D. Peterson
and Members of the City Council
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344
Dear Mayor Peterson and City Council Members:
1 have attached a copy of a letter from Mr. Don Brauer that
gives an assessment of the high water condition in the Purgatory
Creek Marsh Area directly to the west of the Flagship Athletic
Club. The letter makes specific requests for action by the
City of Eden Prairie to correct the high water problem.
We support Mr. Brauer's views and request that the City resolve
the regulation of water in this area as quickly as possible.
As all of you know, the Park Plan calls for each of the private
property ownersisurrounding the marsh to donate land to the
City so that the Park can be developed. We are in a position
to donate the land as soon as the high water problem has
been resolved as described in Mr. Bruaer's letter of June 9, 1988.
We look forward to the resolution of this high water problem.
Sincerely yours,
Bill Naegele
WON:imw
Enclosure
June 9, 1988
Mayor And City Council
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
RE: HIGH WATER LEVELS IN PURG
A
T
O
R
Y
C
R
E
E
K
F
L
O
O
D
S
T
O
R
A
G
E
A
R
E
A
BETWEEN ANDERSON LAKES PARKWAY
A
N
D
T
E
C
H
N
O
L
O
G
Y
D
R
I
V
E
Ladies and Gentlemen:
This letter defines the impos
e
d
h
i
g
h
w
a
t
e
r
c
o
n
d
i
t
i
o
n
s
i
n
t
h
e
m
a
j
o
r
center Purgatory Creek marsh a
r
e
a
,
t
h
e
r
i
s
k
s
a
n
d
c
o
s
t
s
t
o
o
w
n
e
r
s
,
and specifically requests imm
e
d
i
a
t
e
a
c
t
i
o
n
s
b
y
t
h
e
C
i
t
y
o
f
E
d
e
n
Prairie which are necessary to
r
e
l
i
e
v
e
t
h
i
s
d
i
f
f
i
c
u
l
t
s
i
t
u
a
t
i
o
n
.
1. As a result of uncontrolle
d
c
o
n
s
t
r
u
c
t
i
o
n
p
e
r
i
o
d
e
r
o
s
i
o
n
a
n
d
t
h
e
subsequent placement of backf
i
l
l
a
n
d
r
i
p
r
a
p
f
o
r
t
h
e
A
n
d
e
r
s
o
n
Lakes Parkway roadway and bri
d
g
e
,
t
h
e
i
m
p
o
u
n
d
m
e
n
t
o
f
substantial volumes and resul
t
i
n
g
h
i
g
h
l
e
v
e
l
s
o
f
w
a
t
e
r
u
p
s
t
r
e
a
m
from the bridge, threatens ad
j
a
c
e
n
t
p
r
o
p
e
r
t
e
s
a
n
d
s
t
r
u
c
t
u
r
e
s
with higher and more frequent
f
l
o
o
d
i
n
g
t
h
a
n
i
s
p
r
o
j
e
c
t
e
d
i
n
t
h
e
approved City and Watershed D
i
s
t
r
i
c
t
p
l
a
n
s
,
r
e
q
u
i
r
e
d
a
d
d
i
t
i
o
n
a
l
Construction time and expense
i
n
b
u
i
l
d
i
n
g
,
a
n
d
c
o
n
t
i
n
u
e
s
t
o
impose additional facilty mai
n
t
e
n
a
n
c
e
e
x
p
e
n
s
e
s
o
n
t
h
e
F
l
a
g
s
h
i
p
Athletic Club and other adjace
n
t
d
e
v
e
l
o
p
e
d
p
r
o
p
e
r
t
i
e
s
.
* * THE CITY MUST MOVE QUICKLY TO
C
O
R
R
E
C
T
T
H
I
S
P
R
O
B
L
E
M
B
Y
EXCAVATING THE CREEK CHANNEL T
O
C
O
N
F
O
R
M
T
O
T
H
E
G
R
A
D
E
W
H
I
C
H
EXISTED PRIOR TO THE CONSTRUC
T
I
O
N
O
F
A
N
D
E
R
S
O
N
L
A
K
E
S
P
A
R
K
W
A
Y
AND BRIDGE AT NO COST TO THE P
R
O
P
E
R
T
I
E
S
W
I
T
H
I
N
T
H
E
J
U
D
I
C
I
A
L
DITCH DISTRICT.
2• These unnecessary and dest
r
u
c
t
i
v
e
l
y
h
i
g
h
w
a
t
e
r
l
e
v
e
l
s
complicated and increased con
s
t
r
u
c
t
i
o
n
c
o
s
t
s
f
o
r
t
h
e
F
l
a
g
s
h
i
p
Athletic Club, and continue t
o
r
e
q
u
i
r
e
a
d
d
i
t
i
o
n
a
l
f
a
c
i
l
i
t
y
maintenance expense each year
.
** THE CITY SHOULD REDUCE ASS
E
S
S
M
E
N
T
S
F
O
R
F
U
T
U
R
E
D
I
T
C
H
O
R
P
A
R
K
CONSTRUCTION WORK DY AN AMOUN
T
E
Q
U
A
L
T
O
T
H
E
A
D
D
I
T
I
O
N
A
L
CONSTRUCTION AND MAINTENANCE
C
O
S
T
S
A
C
T
U
A
L
L
Y
I
N
C
U
R
R
E
D
B
Y
PROPERTY OWNERS WITHIN THE JU
D
I
C
I
A
L
D
I
T
C
H
O
R
O
T
H
E
R
ASSESSMENT DISTRICT.
I j) 6116 Parnell Avenue, Edina. Minnesota 55424
•
(
6
1
2
)
9
4
.
4
-
7
5
3
3
EDEN PRAIRIE CITY COUNCIL
PURGATORY CREEK REQUEST
PAGE 2
3. The unplanned impoundment has gen
e
r
a
t
e
d
a
q
u
a
t
i
c
v
e
g
e
t
a
t
i
o
n
i
n
areas which have been cultivated
f
o
r
B
O
o
r
m
o
r
e
y
e
a
r
s
.
B
o
t
h
the MnDNR and the Corps of Engine
e
r
s
a
r
e
c
u
r
r
e
n
t
l
y
c
o
n
s
i
d
e
r
i
n
g
the imposition of their permit pr
o
c
e
d
u
r
e
s
u
p
o
n
t
h
e
d
e
v
e
l
o
p
m
e
n
t
of lands within and adjacent to t
h
e
f
l
o
o
d
p
l
a
i
n
b
e
c
a
u
s
e
o
f
t
h
e
presence of this aquatic vegetati
o
n
.
D
e
v
e
l
o
p
m
e
n
t
p
r
o
p
o
s
a
l
s
f
o
r
the adopted park plan and adjacen
t
p
r
i
v
a
t
e
p
r
o
j
e
c
t
s
w
i
l
l
b
e
burdened witb additional costs an
d
d
e
l
a
y
s
a
t
b
e
s
t
,
a
n
d
m
i
g
h
t
even be denied under their interp
r
e
t
a
t
i
o
n
o
f
s
t
a
t
u
t
o
r
y
responsibility. Immediate removal
o
f
t
h
e
c
h
a
n
n
e
l
b
l
o
c
k
a
g
e
i
s
essential.
• ** THE CITY SHOULD IMMEDIATELY NOT
I
F
Y
T
H
E
W
A
T
E
R
S
H
E
D
D
I
S
T
R
I
C
T
,
THE MINNESOTA DEPARTMENT OF NATURA
L
R
E
S
O
U
R
C
E
S
,
A
N
D
T
H
E
C
O
R
P
S
OF ENGINEERS, OF THE NATURE OF THE
C
H
A
N
N
E
L
B
L
O
C
K
A
G
E
,
T
H
E
CORRECTIVE ACTIONS WHICH ARE UNDER
W
A
Y
,
A
N
D
R
E
Q
U
E
S
T
CONFIRMATION OF THE "NON-WETLAND"
C
L
A
S
S
I
F
I
C
A
T
I
O
N
O
F
T
H
O
S
E
AREAS WHICH WERE FLOODED BY THE TE
M
P
O
R
A
R
Y
C
H
A
N
N
E
L
B
L
O
C
K
A
G
E
.
4. The unexpected "lake" has generate
d
c
o
n
s
i
d
e
r
a
b
l
e
i
n
t
e
r
e
s
t
i
n
exploring the possibility of large
r
a
r
e
a
s
a
n
d
a
h
i
g
h
e
r
n
o
r
m
a
l
water level for the proposed park
p
o
n
d
s
.
I
f
t
h
e
n
o
r
m
a
l
w
a
t
e
r
level is to be raised, some flood
s
t
o
r
a
g
e
w
o
u
l
d
n
e
e
d
t
o
b
e
transferred out of this marsh. Be
c
a
u
s
e
o
f
t
h
e
c
o
n
f
i
g
u
r
a
t
i
o
n
o
f
the channel and the marsh, a few i
n
c
h
e
s
o
f
f
l
o
o
d
r
e
d
u
c
t
i
o
n
f
r
o
m
the top down might well permit rai
s
i
n
g
t
h
e
n
o
r
m
a
l
l
e
v
e
l
b
y
several feet. A higher operating
l
e
v
e
l
w
o
u
l
d
r
e
q
u
i
r
e
l
e
s
s
excavation, or provide a larger wa
t
e
r
a
r
e
a
w
i
t
h
t
h
e
s
a
m
e
a
m
o
u
n
t
of excavation, which would very li
k
e
l
y
b
e
m
o
r
e
i
n
t
e
r
e
s
t
i
n
g
a
n
d
attractive than a marsh to most p
e
o
p
l
e
.
O
n
c
e
t
h
e
e
x
i
s
t
i
n
g
channel blockage has been removed
a
n
d
t
h
e
n
o
r
m
a
l
w
a
t
e
r
l
e
v
e
l
restored, the park construction wo
r
k
w
i
l
l
b
e
m
u
c
h
e
a
s
i
e
r
a
n
d
less costly to complete. A permane
n
t
c
o
n
t
r
o
l
s
t
r
u
c
t
u
r
e
c
o
u
l
d
be constructed upstream frea the And
e
r
s
o
n
L
a
k
e
s
P
a
r
k
w
a
y
b
r
i
d
g
e
which would provide impoundment of
w
a
t
e
r
a
t
c
o
n
s
i
s
t
e
n
t
(
p
e
r
h
a
p
s
higher) levels, but also permit c
o
m
p
l
e
t
e
d
r
a
i
n
a
g
e
f
o
r
maintenance purposes.
** THE CITY SHOULD CALCULATE AND
D
E
M
O
N
S
T
R
A
T
E
T
H
E
I
M
P
A
C
T
O
F
A
TRANSFER OF FLOOD WATER STORAGE F
R
O
M
T
H
E
A
R
E
A
N
O
R
T
H
O
F
ANDERSON LAKES PARKWAY TO STARING
L
A
K
E
O
R
O
T
H
E
R
A
R
E
A
S
,
I
N
ORDER TO EVALUATE THE POTENTIAL F
O
R
M
A
I
N
T
A
I
N
I
N
G
A
H
I
G
H
E
R
NORMAL OPERATING WATER LEVEL OVER
M
U
C
H
L
A
R
G
E
R
P
O
N
D
A
R
E
A
S
I
N
THE PROPOSED PURGATORY MAJOR CENTE
R
M
A
R
S
H
A
R
E
A
P
A
R
K
.
5. While the erosion and backfill bl
o
c
k
a
g
e
r
e
t
a
i
n
s
m
o
r
e
t
h
a
n
t
w
o
feet of impounded water above the
p
r
e
-
c
o
n
s
t
r
u
c
t
i
o
n
c
h
a
n
n
e
l
bottom, that level is more than a
f
o
o
t
a
b
o
v
e
t
h
e
o
r
i
g
i
n
a
l
d
i
t
c
h
grade. If the entire channel from
S
t
a
r
i
n
g
L
a
k
e
t
o
T
e
c
h
n
o
l
o
g
y
EDEN PRAIRIE CITY COUNCIL
PURGATORY CREEK REQUEST
PAGE 3
Drive was cleaned out to the or
i
g
i
n
a
l
g
r
a
d
e
b
y
t
h
e
s
a
m
e
c
o
n
t
r
a
c
t
o
r
who is selected to remove the b
l
o
c
k
a
g
e
,
s
o
m
e
c
o
s
t
s
a
v
i
n
g
s
w
o
u
l
d
most likely be realized for th
i
s
w
o
r
k
-
T
h
e
f
u
r
t
h
e
r
l
o
w
e
r
i
n
g
o
f
the water level over the entire marsh and the groundwate
r
l
e
v
e
l
i
n
the surrounding lands would sav
e
c
o
n
s
i
d
e
r
a
b
l
e
c
o
s
t
s
i
n
p
a
r
k
development and some costs for a
d
j
a
c
e
n
t
l
a
n
d
d
e
v
e
l
o
p
m
e
n
t
a
s
w
e
l
l
.
This channel maintenance work c
o
u
l
d
b
e
a
s
s
e
s
s
e
d
t
o
t
h
e
p
r
o
p
e
r
t
i
e
s
in the judicial ditch district,
b
u
t
,
s
i
n
c
e
i
t
i
s
a
n
e
c
e
s
s
a
r
y
f
i
r
s
t
step of the park development p
r
o
j
e
c
t
,
i
t
c
o
u
l
d
b
e
f
u
n
d
e
d
f
r
o
m
designated park fee fu:.ds, spe
c
i
a
l
a
s
s
e
s
s
m
e
n
t
s
a
g
a
i
n
s
t
a
l
a
r
g
e
r
major park improvement district
,
a
t
a
x
i
n
c
r
e
m
e
n
t
f
i
n
a
n
c
e
d
i
s
t
r
i
c
t
,
or all four sources.
* THE COUNCIL SHOULD DIRECT THE
S
T
A
F
F
T
O
D
E
F
I
N
E
A
L
L
T
H
R
E
E
ASSESSMENT DISTRICTS, NOTIFY A
L
L
A
F
F
E
C
T
E
D
P
R
O
P
E
R
T
Y
O
W
N
E
R
S
,
COMPLETE A PRELIMINARY PROJECT FEASIBILIT
Y
S
T
U
D
Y
F
O
R
T
H
E
INITIAL PARK DEVELOPMENT PHASE
(
D
R
E
D
G
I
N
G
)
A
N
D
T
H
E
N
E
X
T
T
W
O
PHASES, DETERMINE THE TOTAL PAR
K
D
E
V
E
L
O
P
M
E
N
T
F
E
E
A
N
D
O
T
H
E
R
CITY FUNDS AVAILABLE FOR THIS P
R
O
J
E
C
T
,
M
A
K
E
A
P
R
E
L
I
M
I
N
A
R
Y
SPREAD OF THE ASSESSMENTS OVER
T
H
E
E
N
T
I
R
E
A
R
E
A
O
R
A
COMBINATION OF ASSESSMENTS OVER
E
A
C
H
S
E
P
A
R
A
T
E
A
R
E
A
,
C
O
N
D
U
C
T
A PUBLIC HEARING, AND AUTHORIZE
T
H
E
I
N
I
T
I
A
L
S
T
A
G
E
O
F
T
H
E
PARK DEVELOPMENT PROJECT AS SOO
N
A
S
R
E
Q
U
I
R
E
D
P
R
O
P
E
R
T
I
E
S
H
A
V
E
BEEN CONVEYED TO THE CITY.
6. With the water level questi
o
n
r
e
s
o
l
v
e
d
a
n
d
a
p
a
r
k
d
e
v
e
l
o
p
m
e
n
t
program with initial phase cons
t
r
u
c
t
i
o
n
b
i
d
s
f
o
r
m
a
l
l
y
b
e
f
o
r
e
the City Council, all of the r
e
s
e
r
v
a
t
i
o
n
s
,
c
o
n
c
e
r
n
s
,
a
n
d
uncertainties which have made
t
h
e
a
d
j
a
c
e
n
t
p
r
o
p
e
r
t
y
o
w
n
e
r
s
reluctant to contribute the ne
c
e
s
s
a
r
y
l
a
n
d
s
h
o
u
l
d
h
a
v
e
b
e
e
n
resolved.
** THE COUNCIL SHOULD AUTHORIZ
E
T
H
E
C
I
T
Y
S
T
A
F
F
T
O
P
R
E
P
A
R
E
A DRAFT DOCUMENT TO COVER THE CO
N
T
R
I
B
U
T
I
O
N
O
F
P
A
R
K
L
A
N
D
S
,
A
N
D
NEGOTIATE AN AGREEMENT. WITH EA
C
H
L
A
N
D
O
W
N
E
R
P
R
I
O
R
T
O
T
H
E
PUBLIC HEARING ON THE PROPOSED
W
O
R
K
(
E
X
C
E
P
T
C
H
A
N
N
E
L
C
L
E
A
R
I
N
G
WHICH MUST PROCEED IMMEDIATELY)
.
The program outlined above is a
m
b
i
t
i
o
u
s
b
u
t
s
h
o
u
l
d
n
o
t
be overwhelmina. The public and
p
r
i
v
a
t
e
b
c
n
e
f
i
t
s
w
h
i
c
h
w
i
l
l
r
e
s
u
l
t
from the resolution of these is
s
u
e
s
a
n
d
t
h
e
d
e
v
e
l
o
p
m
e
n
t
o
f
a
signicant open space adjacent
t
o
t
h
e
m
a
j
o
r
c
e
n
t
e
r
a
r
e
a
a
r
e
considerable and desireable. C
o
n
t
i
n
u
a
t
i
o
n
o
f
t
h
e
u
n
c
e
r
t
a
i
n
t
y
a
n
d
indecision of past years would
b
e
i
r
r
e
s
p
o
n
s
i
b
l
e
.
THE PRAUER GROUP, INC.
Donald G. Brauer, P. E.
President and CEO
-MEMORANDUM-
TO: Mayor and City Council
FROM: Eugene A. Dietz
6{^-) DATE: June 30, 1988
RE:
WATERING RESTRICTIONS
Attached is a copy of the graph which represents the wa
t
e
r
u
s
a
g
e
f
o
r
t
h
e
month of June. The City Council determined on June 7 to implement the
odd/even system along with a total ban from Noon to 6:00 P
.
M
.
Since that time, weekends and Mondays have still continued to be our
m
o
s
t
s
i
g
n
i
f
i
c
a
n
t
problem days for total pumping. However, there is a downward trend as more
and more people come to realize that the restrictions ar
e
i
n
p
l
a
c
e
.
Our System has not been in jeopardy since the afternoon ban was
e
n
a
c
t
e
d
.
To insure compliance, we have printed a warning plague
t
h
a
t
i
s
g
i
v
e
n
t
o
violators. During the week, approximately three to four people in the
W
a
t
e
r
Division include notifying violators as part of their da
i
l
y
d
u
t
i
e
s
.
On Saturday, June 11, we had ten (10) people in the field to no
t
i
f
y
r
e
s
i
d
e
n
t
s
o
f
the new regulations. Since that time, we have had one or t
w
o
p
e
o
p
l
e
o
n
t
h
e
weekends in the field to issue warnings.
We have had a limited number of second-time violators that
h
a
v
e
c
o
m
e
t
o
o
u
r
attention and have not pursued a ticketing process to date.
The ticketing process that is available to us is a County tag that must be
f
i
l
l
e
d
o
u
t
i
n
a
certain fashion. In order for Water Division employees to issue these
tickets, it is necessary that we train them in the process.
However, they will not have been trained in dealing with the people in a d
i
r
e
c
t
c
o
n
f
r
o
n
t
a
-
tional situation. It is for that particular reason tha
t
w
e
h
a
v
e
b
e
e
n
reluctant to pursue this method of insuring compliance.
As an alternative, I have attached copies of ordinances a
n
d
f
l
y
e
r
s
t
h
a
t
h
a
v
e
been secured from the Cities of St.. Louis Park and Plymo
u
t
h
.
B
o
t
h
o
f
t
h
e
s
e
communities have enacted an ordinance that allows a fee
t
o
b
e
a
d
d
e
d
t
o
t
h
e
water bill for noncompliance with watering regulations.
I
n
S
t
.
L
o
u
i
s
P
a
r
k
the fee is limited to $10.00, but in Plymouth the fe
e
i
s
$
1
0
0
.
0
0
p
e
r
violation (each day is a separate violation). Having disc
u
s
s
e
d
t
h
e
p
o
s
s
i
b
l
e
enforcement measures available to us, staff is recommending
t
h
a
t
E
d
e
n
P
r
a
i
r
i
e
adopt a similar ordinance to these two communities.
We will have a draft ordinance allowing for fees to
b
e
a
d
d
e
d
t
o
w
a
t
e
r
billings available at the Council meeting. If the City Cou
n
c
i
l
c
o
n
c
u
r
s
w
i
t
h
the ordinance, first reading can be given and second readi
n
g
c
o
u
l
d
b
e
g
i
v
e
n
at the July 19 meeting. While this seems to be a rather
l
e
n
g
t
h
y
p
r
o
c
e
s
s
,
historically July and August are dry months for our area
a
n
d
h
a
v
i
n
g
t
h
i
s
system in place in this time frame should protect the integ
r
i
t
y
o
f
t
h
e
w
a
t
e
r
system.
EAD:ss
AGENDA
JOINT MEETING
EDEN PRAIRIE CITY COUNCIL
HISTORICAL & CULTURAL COMMISSION
RESTORATION COMMITTEE
TUESDAY, JULY 19, 1988
CITY COUNCIL MEMBERS:
HISTORICAL & CULTURAL COMMISSION:
RESTORATION COMMITTEE:
CITY STAFF:
6 P.M. I. CALL TO ORDER
II. INTRODUCTIONS
6 P. M., COUNCIL CHAMBERS
Gary D. Peterson, Mayor; Richard
Anderson, George Bentley, Jean Harris,
Patricia Pidcock
Gwen Barker, Philip Rohler, co-chairs;
John Hensrud, Thomas Howden, Laurie
Koering, Richard Schuette, Stephen
White
Mona Leppla, chairperson; Jim Brown,
Frank Cardarelle, John Hensrud, Don
Johnson, Coralyn Koschinska, Karen
Norman, John Rogers, Stephen White,
Marie Wittenberg
Carl Jullie, City Manager; Craig
Dawson, Assistant to the City Manager;
Robert A. Lambert, Director of Parks,
Recreation & Natural Resources; Sandra
F. Werts, Recreation Supervisor; Deb
Edlund, Recording Secretary
6:05 P.M. III. BACKGROUND & UPDATE OF CUMMINS-GRILL HOMESTEAD
IV. REQUESTS OF HISTORICAL & CULTURAL COMMISSION
6:10 P.M. A. Immediate Needs of Cummins-Grill Site
6:30 P.M.
6:45 P.M.
7:00 P.M.
7:15 P.M.
I. Renter
2. Security System & Immediate Maintenance Needs
3. Part-Time Curator
4. Long Range Maintenance Needs
B. Cost of Restoration
C. Future Programming
D. Discussion on Other Historic Sites
1. Smith-Douglas-More Property
2. Riley Property
E. Historic Home Inventory & Historic Preservation Ord
7:30 P.M. V. ADJOURNMENT
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Sandra F. Werts, Recreation Supervis
July 14, 1988
SUBJECT: Meeting on the Cummins-Grill H
o
m
e
s
t
e
a
d
&
O
t
h
e
r
H
i
s
t
o
r
i
c
S
i
t
e
s
The City Council will be meeting with me
m
b
e
r
s
o
f
t
h
e
H
i
s
t
o
r
i
c
a
l
a
n
d
C
u
l
t
u
r
a
l
Commission and the Restoration Committee
o
n
T
u
e
s
d
a
y
,
J
u
l
y
1
9
t
o
d
i
s
c
u
s
s
1
)
t
h
e
future of restoration at the Cummins-Grill
H
o
m
e
s
t
e
a
d
,
2
)
e
l
i
m
i
n
a
t
i
n
g
a
r
e
n
t
e
r
in the house and 3) the development of ot
h
e
r
h
i
s
t
o
r
i
c
s
i
t
e
s
i
n
E
d
e
n
P
r
a
i
r
i
e
.
The attached report incudes background i
n
f
o
r
m
a
t
i
o
n
o
n
t
h
e
C
u
m
m
i
n
s
-
G
r
i
l
l
Homestead and the other historic sites und
e
r
d
i
s
c
u
s
s
i
o
n
.
The Restoration Committee and Historical a
n
d
C
u
l
t
u
r
a
l
C
o
m
m
i
s
s
i
o
n
m
e
t
r
e
c
e
n
t
l
y
and made the following recommendations for t
h
e
C
u
m
m
i
n
s
-
G
r
i
l
l
H
o
m
e
s
t
e
a
d
:
1. Do not rent the house after the current rent
e
r
l
e
a
v
e
s
A
u
g
u
s
t
1
s
t
.
2. Install a security system and exter
i
o
r
l
i
g
h
t
i
n
g
a
t
a
c
o
s
t
o
f
approximately $7000, plus take care of other
i
m
m
e
d
i
a
t
e
m
a
i
n
t
e
n
a
n
c
e
n
e
e
d
s
.
3. Budget approximately $16,300 for 1989 to h
i
r
e
a
p
a
r
t
-
t
i
m
e
c
u
r
a
t
o
r
,
d
e
v
e
l
o
p
interpretive programs and take care of day to
d
a
y
m
a
i
n
t
e
n
a
n
c
e
.
4. Set aside $50,000 a year for the next 5 ye
a
r
s
t
o
c
o
m
p
l
e
t
e
t
h
e
r
e
s
t
o
r
a
t
i
o
n
of the house.
SFW:mdd
I. CUMMINS-GRILL HOMESTEAD: BACKGROUND & UPDATE
O
F
R
E
S
T
O
R
A
T
I
O
N
S
T
A
T
U
S
HISTORY OF HOUSE
The house was built in 1880 by J. R. C
u
m
m
i
n
s
,
a
h
o
r
t
i
c
u
l
t
u
r
i
s
t
o
f
n
o
t
e
within Minnesota. He was known for h
i
s
w
o
r
k
w
i
t
h
h
a
l
f
-
h
a
r
d
y
f
r
u
i
t
trees.
He was made a honorary life member of t
h
e
M
i
n
n
e
s
o
t
a
S
t
a
t
e
H
o
r
t
i
c
u
l
t
u
r
e
Society in 1915.
The house was sold in 1908 to Edwin a
n
d
H
a
r
r
i
e
t
P
h
i
p
p
s
,
w
h
o
i
n
t
u
r
n
passed it on to their daughter Mildred
a
n
d
h
e
r
h
u
s
b
a
n
d
M
a
r
t
i
n
G
r
i
l
l
.
The City purchased the house in 1976 fro
m
M
r
s
.
G
r
i
l
l
,
w
h
o
w
a
s
g
i
v
e
n
l
i
f
e
estate.
The City took over occupancy of the hou
s
e
i
n
t
h
e
s
u
m
m
e
r
o
f
1
9
7
9
a
n
d
h
a
s
had a renter in the house ever since.
NATIONAL REGISTER OF HISTORIC PLACES
In October of 1982 the City was infor
m
e
d
t
h
a
t
i
t
s
a
p
p
l
i
c
a
t
i
o
n
w
a
s
accepted and that the J. R. Cummins H
o
m
e
s
t
e
a
d
w
o
u
l
d
b
e
p
l
a
c
e
d
o
n
t
h
e
National Register of Historic Places.
HISTORY OF RESTORATION PROJECT
Feasibility Study
In November of 1979 the City Counci
l
a
p
p
r
o
v
e
d
t
h
e
h
i
r
i
n
g
o
f
M
i
l
l
e
r
Dunwiddie Architects, Inc. to comple
t
e
a
f
e
a
s
i
b
i
l
i
t
y
s
t
u
d
y
f
o
r
t
h
e
restoration of the Cummins-Grill Ho
m
e
s
t
e
a
d
.
T
h
i
s
w
a
s
c
o
m
p
l
e
t
e
d
i
n
December 1979 and has been the basis o
n
w
h
i
c
h
f
u
r
t
h
e
r
r
e
s
t
o
r
a
t
i
o
n
p
l
a
n
s
have been made.
Restoration Committee
The Restoration Committee was establ
i
s
h
e
d
i
n
t
h
e
w
i
n
t
e
r
o
f
1
9
8
2
t
o
promote the restoration of the Cumm
i
n
s
-
G
r
i
l
l
H
o
m
e
s
t
e
a
d
.
T
h
e
C
i
t
y
Council, at that time, limited membershi
p
t
o
9
p
e
o
p
l
e
.
Restoration Work Completed to Date
. Installation of 6" well ($5,571) and
n
e
w
1
0
0
a
m
p
e
l
e
c
t
r
i
c
a
l
s
e
r
v
i
c
e
($1,075) - summer 1981.
It was this project that pressed
t
h
e
n
e
e
d
t
o
t
a
k
e
a
c
t
i
o
n
o
n
stabilizing the house.
. New roof and chimney restoration - sum
m
e
r
1
9
8
2
.
A $14,660 Community Development Block Gr
a
n
t
w
a
s
u
s
e
d
t
o
f
u
n
d
t
h
i
s
.
January 1983 the Historical and Cultural Commi
s
s
i
o
n
r
e
q
u
e
s
t
e
d
permission to interview and recommend an architect
t
h
a
t
w
o
u
l
d
p
r
e
p
a
r
e
a total master plan for the restoration of the hous
e
.
The Commission recommended hiring the firm of M
a
c
D
o
n
a
l
d
a
n
d
M
a
c
k
Architects, Ltd, which specializes in restoration
a
n
d
a
d
a
p
t
i
v
e
r
e
u
s
e
of historic structures. However, funds were never
a
u
t
h
o
r
i
z
e
d
t
o
h
a
v
e
a master plan completed. Since then projects have
b
e
e
n
p
a
r
c
e
l
l
e
d
o
u
t
to the architects, which in the end will cost signi
f
i
c
a
n
t
l
y
m
o
r
e
.
. Phase I - Electrical, Plumbing and Mechanical 1983
-
8
4
In this phase a new central heating system was inst
a
l
l
e
d
,
n
a
t
u
r
a
l
g
a
s
was brought to the house, a new gas water heater w
a
s
i
n
s
t
a
l
l
e
d
.
T
h
e
first floor was rewired and new electrical outlets
a
n
d
f
i
x
t
u
r
e
s
w
e
r
e
installed.
The upgrading of the existing plumbing was deleted,
a
s
t
h
e
c
o
s
t
s
w
e
r
e
to high.
The budget for the project was $19,500 of CDBG (Com
m
u
n
i
t
y
D
e
v
e
l
o
p
m
e
n
t
Block Grant) Funds. Four thousand dollars was spent
t
o
p
r
e
p
a
r
e
p
l
a
n
s
and specifications. $14,246 was spent on upgrading t
h
e
e
l
e
c
t
r
i
c
a
l
a
n
d
mechanical systems.
The original low bid for all three components was $26
,
2
1
0
.
. Phase II - Exterior Restoration - 1983-84
This phase included tuckpointing the exterior bri
c
k
;
r
e
s
t
o
r
i
n
g
t
h
e
windows, storms and screens; restoring exterior do
o
r
s
;
a
n
d
p
a
i
n
t
i
n
g
windows, door and roof trim. The east porch, whi
c
h
w
a
s
e
s
t
i
m
a
t
e
d
t
o
have been added in the 1930s, was removed.
The budget for this phase was $17,000. The funding
i
n
c
l
u
d
e
d
:
. $8,500 Federal Jobs Act Grant
• $3,000 State Historical Society Grant
. $3.000 Eden Prairie Foundation Grant - window restor
a
t
i
o
n
. $2,500 voluntary and in-kind labor
Once again, the bids came in over the budgeted am
o
u
n
t
a
n
d
t
h
e
s
c
o
p
e
of services had to be reduced. In this case, the re
b
u
i
l
d
i
n
g
t
h
e
b
r
i
c
k
on the cold storage room off the kitchen was elimina
t
e
d
.
. Phase III - 1985
This phase included restoration designs, constru
c
t
i
o
n
d
r
a
w
i
n
g
s
a
n
d
specifications for bidding and cost estimates to
r
e
b
u
i
l
d
t
h
e
t
h
r
e
e
existing porches, and the removed porch, the cellar access, parlor fireplace and sliding kitchen doors.
Also, included was the development of a s
t
o
r
y
l
i
n
e
f
o
r
a
n
interpretative program. Display boards were also purchased.
L
The budget for this project was $7,000. Funding
w
a
s
t
h
r
o
u
g
h
:
. $3,500 State Historical Society Grant
. $3,500 Grill Will
The original grant request was for $7,000 for a $
1
4
,
0
0
0
p
r
o
j
e
c
t
w
i
t
h
a
larger scope of services.
• No additional restoration work has been
d
o
n
e
t
o
d
a
t
e
.
The architect's estimates for the construction o
f
t
h
e
f
o
u
r
p
o
r
c
h
e
s
,
installation of fireplace, cellar door and slid
i
n
g
k
i
t
c
h
e
n
d
o
o
r
s
w
a
s
$62,300.
To date, the following has been spent on the proj
e
c
t
:
1981 $5,571 installation of new well
1,075 new electrical services & wiring of well
14,660 roof and chimneys
14,246 electrical & mechanical - Phase I
4,000 architectural - Phase
17,000 Phase II restoration & architectural
7,000 Phase III design, interpretive plan &
displays
Total $63,552
II. IMMEDIATE NEEDS OF CUMMINS-GRILL SITE
A. Renter - Since the City has taken occupancy of the Cumm
i
n
s
-
G
r
i
l
l
Homestead in 1979 there has been a renter in the
h
o
u
s
e
.
T
h
i
s
h
a
s
limited the Restoration Committee in what they have
b
e
e
n
a
b
l
e
t
o
d
o
.
The Committee hesitates in taking anyone through
t
h
e
h
o
u
s
e
a
s
a
n
appointment must be set up with the renter.
The biggest disappointment to most people attending
S
u
n
b
o
n
n
e
t
D
a
y
i
s
not being able to see the house.
The Committee feels that if the house was availabl
e
t
h
a
t
a
r
e
g
u
l
a
r
schedule of programs could be developed.
The current renter has given the required 60 day not
i
c
e
a
n
d
p
l
a
n
s
t
o
move out by August 1st. The Restoration Committee i
s
h
o
p
i
n
g
t
h
a
t
o
n
Sunbonnet Day, September 11, 1988, they will be
a
b
l
e
t
o
s
h
o
w
t
h
e
house off to the public.
B. Security System & Immediate Maintenance Needs - A security system is needed in the house if it is to be left vacant.
The house's proximity to the road, the airport, and ballfields
m
a
k
e
s
i
t
a
n
e
a
s
y
target for vandalism. By the time anyone wou
l
d
n
o
t
i
c
e
t
h
a
t
something is happening, the vandals would be long
g
o
n
e
b
e
f
o
r
e
t
h
e
police would ever make it there.
The Restoration Committee has received two quotes
f
o
r
a
s
e
c
u
r
i
t
y
system. The low quote is $1,680.
In addition to the security system, exterior lightin
g
i
s
n
e
c
e
s
s
a
r
y
.
Steve White, a member of the Committee and an employe
e
o
f
t
h
e
P
o
l
i
c
e
Department, suggests that the entire house be illumin
a
t
e
d
.
Other needs that should be taken care of are to
r
e
f
i
n
i
s
h
t
h
e
e
a
s
t
exterior door, and possibly install a storm
d
o
o
r
,
s
e
c
u
r
e
t
h
e
basement windows, tuckpointing, and rebuilding t
h
e
b
r
i
c
k
i
c
e
b
o
x
.
The trim on the house above the front porch mus
t
b
e
s
c
r
a
p
e
d
a
n
d
repainted. Consideration should also be given t
o
i
n
s
u
l
a
t
i
n
g
t
h
e
ceiling to cut down on heat loss.
C. Curator - The Commission would like to hire a part-time
p
e
r
s
o
n
i
n
1989 who would be responsible for developing mon
t
h
l
y
i
n
t
e
r
p
r
e
t
i
v
e
programs, developing a summer interpretive program
,
r
e
c
r
u
i
t
i
n
g
a
n
d
training volunteers and program staff. The curator
w
o
u
l
d
a
l
s
o
h
e
l
p
.
with research on the house and research to authe
n
t
i
c
a
t
e
p
r
o
g
r
a
m
s
.
The curator could help with fund raising and would
b
e
a
v
a
i
l
a
b
l
e
o
n
a
daily basis when restoration work is being done.
Staff has submitted a budget for a historical
i
n
t
e
r
p
r
e
t
a
t
i
o
n
program. It includes $9,600 for the curator, $2,5
0
0
f
o
r
p
r
o
g
r
a
m
s
,
and $4,200 to run the house, ie. heat, light, ph
o
n
e
s
,
m
o
n
i
t
o
r
i
n
g
security system, etc.
D. Long Range Maintenance Needs - The renter currently pays $125.00
month in rent, plus electric which is approximately $600 a year.
The renter mows the grass immediately around the house, but does not
do any other upkeep. The City pays the heat, approximately $1,900
a year, maintains the road, and the house.
A commitment to restoration also includes the commitment to upkeep
of the house and grounds year round. There will always be
maintenance needs such as repainting the trim, replacing rotted
wood, refinishing floors, replacing the roof and so on. A fund
should be set aside to take care of these needs as they occur.
III. CUMMINS-GRILL HOMESTEAD RESTORATION PROGRAM
The Historical and Cultural Commission and the
R
e
s
t
o
r
a
t
i
o
n
C
o
m
m
i
t
t
e
e
would like to see the house restored to the pe
r
i
o
d
o
f
a
p
p
r
o
x
i
m
a
t
e
l
y
1910. This is the probable time that the kitche
n
a
d
d
i
t
i
o
n
w
a
s
b
u
i
l
t
.
The following is a list of work to be done a
s
r
e
c
o
m
m
e
n
d
e
d
i
n
t
h
e
feasibility study completed by Miller Dunwiddie
A
r
c
h
i
t
e
c
t
s
:
1. Exterior
• restore original porches
. replace roof flashing
• rebuild cold storage box
. tuckpoint
2. Interior - First Floor
a. Parlor
• reconstruct original fireplace and hearth
• remove maple flooring
. restore original wallpaper and other finishing
t
o
u
c
h
e
s
b. Living Room
. remove composition flooring
. restore original wallpaper
• install wood stove of appropriate period
• restore original wall, floor and ceiling finishe
s
c. Bedroom
. remove maple flooring
• restore wallpaper
. restore wall, floor and ceiling finishes
d. Kitchen
• remove composition flooring
• reinstall two sliding doors in archway opening
• restore original wall, floor and ceiling finish
e
s
3. Interior - Second Floor
There is a hallway and 5 chambers where the
f
l
o
o
r
s
,
w
a
l
l
s
,
a
n
d
ceilings must be restored.
4. Interior Basement
The first floor framing system must be stabi
l
i
z
e
d
,
p
l
u
s
w
i
n
d
o
w
s
secured.
5. Mechanical
• first floor plumbing must be upgraded
6. Electrical
• the upstairs must be rewired
• install electrified kerosene lamps of the period
• install exterior lighting
• install smoke detection system
• install security system
Cost of Restoration
Robert Ferguson of MacDonald and Mack Partners
h
i
p
,
t
h
e
f
i
r
m
t
h
a
t
h
a
s
provided architectural services for the last thr
e
e
p
h
a
s
e
s
,
r
e
c
o
m
m
e
n
d
e
d
that a 175% inflation factor be applied to the
1
9
7
9
r
e
s
t
o
r
a
t
i
o
n
c
o
s
t
estimates. This figure may not hold true for all
w
o
r
k
t
h
a
t
n
e
e
d
s
t
o
b
e
done. However, past experience has shown that c
o
n
s
t
r
u
c
t
i
o
n
b
i
d
s
h
a
v
e
come in beyond what was budgeted.
Restoration is not inexpensive because of the pa
i
n
s
t
h
a
t
m
u
s
t
b
e
t
a
k
e
n
to preserve the old, and make the new seem old.
T
h
e
w
o
r
k
i
s
m
u
c
h
m
o
r
e
labor intensive than building a new house and there are a lot more "unknowns".
The following cost estimates are based on the r
a
n
g
e
s
m
a
d
e
b
y
F
o
s
t
e
r
Dunwiddie in 1979:
porches & brickwork
stabilization of foundation
interior restoration
second floor electrical
first floor plumbing
plus ceiling insulation
security system
exterior lighting
total
$50,000
14,700
60,000
15,000
4,800
$74-5171
5,000
3,000
5,000
$ 13,000 additional
Total estimated cost of remaining restoration = $
1
5
7
,
5
0
0
This is a 1988 estimate, we can count on these
c
o
s
t
s
g
o
i
n
g
u
p
a
s
t
h
e
restoration is spread out over time. At a 25%
i
n
f
l
a
t
i
o
n
r
a
t
e
o
v
e
r
5
years the cost would be $196,875, and at a
5
0
%
r
a
t
e
i
t
w
o
u
l
d
b
e
$236,250.
SOURCES OF FUNDS:
Federal and State Grants - These are usually available as matching
grants. The City would have to come up with 50%
t
o
7
5
%
o
f
t
h
e
b
u
d
g
e
t
.
The City applied for a grant in 1983 and 1984.
Each time the amount requested was cut by 50% or more. In 1983 we rece
i
v
e
d
a
n
$
8
,
5
0
0
F
e
d
e
r
a
l
grant and a $3,000 State grant for a total of $1
1
,
5
0
0
.
I
n
1
9
8
4
a
$
3
,
5
0
0
State grant was received.
The past eight years grant funds have been limite
d
.
T
e
n
t
h
o
u
s
a
n
d
a
y
e
a
r
would be the most we could expect.
Foundations - It is unlikely that the Foundations outside of Eden
Prairie would contribute because the house is more of local interest.
The Eden Prairie Foundation gave $3,000 in 1982 for window restoration.
The Commission has not gone back to them. It was the Foundation's idea
to commission Kouba to make a painting of the house and have prints
made.
Kouba Print - Seven hundred and thirteen (713) prints out of 1000 and 8
proofs out of 100 remain of this painting as of December 31, 1987.
Those who arranged for the painting to be made felt the prints would
sell fast and in a short period of time.
The balance in the print account is $18,460. This is available for
restoration. However, without at least $50,000 no significant project
can be started.
The restoration Committee and Historical and Cultural Commission have
spent significant time looking at various ways to market the print.
They have spent about $500 in printing and advertising and $500 to be in
the big Western and Wildlife Art Show. Each attempt sold enough prints
to cover the costs. No gain was made. This has been very
disappointing.
The Commission currently has an arrangement with Paul Kielb of Minnesota
Frames and Prints to sell the pictures. They are being sold framed for
$225. This includes a $50 commission. Paul has a person working on
this and between September 1987 and March 1988 about 25 pictures were
sold.
Gifts and Donations - The Commission has approximately $6,700 in gifts
and donations from the public and service organizations and from
profits from Sunbonnet Day and the July 4th ice cream sales.
The Commission has not solicited funds for about 5 years. Donations
were usually $100 or less; even the donations received from the service
clubs.
Corporations have not been asked for funding. It has been felt that
until there was a master plan for restoration that corporations would be
unwilling to give.
Grill Will - Mrs. Grill bequeathed $10,000 to the City for the
restoration of the house, about $6,500 remains.
TIME LINE FOR RESTORATION
If an available source of funds were available the Restoration Committee
suggest the following time line:
. By December 1989 - complete exterior restoration - this includes the
porches, brickwork and exterior lighting. Install security system and
insulate roof.
By completing the exterior the pubic would be able to see work
completed and it would help to identify the project.
• December 1990 - basement and interior stabilization, restore kitchen,
sliding doors, plumbing and bathroom.
. December 1991 - restore dining room and parlor.
. December 1992 - first floor bedroom.
• December 1994 - second floor hallway, south chamber and east chamber.
. December 1995 - northwest and southwest chambers.
These projects can be consolidated. They are listed in order of
importance.
IV. FUTURE PROGRAMMING
The Restoration Committee feels that it is now time to have the house
open to the public for programs and tours. Opening the house will help
increase interest in the restoration in the community.
A storyline has been developed that can be used to set up displays and
programs.
The Committee has drafted a proposed two year interpretive program plan
which they will start developing this fall if the house is available to
them, and a curator is hired.
Attached is a copy of the interpretive program.
V. OTHER HISTORIC SITES
Smith-Douglas-More House - 8107 Eden
P
r
a
i
r
i
e
R
o
a
d
-
T
h
e
C
i
t
y
p
u
r
c
h
a
s
e
d
this home, which was built in 1883
b
y
S
h
e
l
d
o
n
S
m
i
t
h
,
f
r
o
m
H
e
l
e
n
a
n
d
Earl More in the early 1980's.
The More's have life tenancy in the house. The house is in good condition. The
I
n
t
e
r
i
o
r
s
a
r
e
v
i
r
t
u
a
l
l
y
unchanged, although room partitions o
n
b
o
t
h
l
e
v
e
l
s
h
a
v
e
b
e
e
n
r
e
m
o
v
e
d
t
o
make larger rooms.
The first idea generated for the use
o
f
t
h
i
s
h
o
u
s
e
w
o
u
l
d
b
e
a
"
s
e
e
-
n
o
touch" museum. Although museum hous
e
s
a
r
e
i
n
t
e
r
e
s
t
i
n
g
,
p
e
o
p
l
e
g
e
n
e
r
a
l
only visit them once.
Another idea suggested would be to l
e
a
s
e
o
u
t
t
h
e
h
o
u
s
e
t
o
b
e
u
s
e
d
a
s
a
"Bed and Breakfast". The house was b
u
i
l
t
w
i
t
h
f
i
v
e
b
e
d
r
o
o
m
s
u
p
s
t
a
i
r
s
t
o
accommodate travelers who got off the
t
r
a
i
n
a
t
t
h
e
E
d
e
n
P
r
a
i
r
i
e
S
t
a
t
i
o
n
.
Bed and breakfasts are growing in ap
p
e
a
l
.
T
h
e
y
d
o
n
o
t
h
a
v
e
t
o
b
e
a
l
o
n
g
the main highway for people to find
.
A
"
B
&
B
"
i
n
E
d
e
n
P
r
a
i
r
i
e
w
o
u
l
d
probably draw people from the su
r
r
o
u
n
d
i
n
g
c
o
m
m
u
n
i
t
i
e
s
.
A
l
o
t
o
f
investigation into the feasibility of
u
s
i
n
g
t
h
e
h
o
u
s
e
a
s
a
B
&
B
m
u
s
t
b
e
done, but it may be worth consideratio
n
.
Riley House - Riley Lake Road
The Riley House is included in a p
a
r
c
e
l
o
f
l
a
n
d
w
h
i
c
h
t
h
e
C
i
t
y
i
s
negotiating to purchase from Elaine
J
a
c
q
u
e
s
.
T
h
e
h
o
u
s
e
w
a
s
b
u
i
l
t
i
n
1881 by Mathew Riley. There are four
o
u
t
b
u
i
l
d
i
n
g
s
a
n
d
a
b
a
r
n
b
u
i
l
t
i
n
approximately 1927 on the property.
Two ideas have been suggested for th
e
J
a
c
q
u
e
s
f
a
r
m
.
O
n
e
i
s
t
o
d
e
v
e
l
o
p
a
demonstration farm, where people wou
l
d
s
e
e
e
x
a
m
p
l
e
s
o
f
c
r
o
p
s
g
r
o
w
n
a
n
d
have a petting farm where children
c
a
n
h
a
v
e
c
l
o
s
e
c
o
n
t
a
c
t
w
i
t
h
t
h
e
animals. The demonstration plots are
a
l
s
o
p
a
r
t
o
f
t
h
e
C
u
m
m
i
n
s
H
o
m
e
s
t
e
a
d
plan, since J. R. Cummins grew his c
r
o
p
s
f
o
r
s
a
l
e
a
t
t
h
e
m
a
r
k
e
t
.
T
h
i
s
would be a duplication of programs, e
x
c
e
p
t
f
o
r
a
n
i
m
a
l
s
.
The second idea is the development of
a
n
a
r
t
c
e
n
t
e
r
.
T
h
e
b
a
r
n
s
c
o
u
l
d
b
e
developed into studios for oil painti
n
g
,
p
o
t
t
e
r
y
,
w
a
t
e
r
c
o
l
o
r
s
,
w
e
a
v
i
n
g
,
dance. Lesson programs could be offered for all ages and studio tim
e
would be available for residents. To
d
a
y
m
a
n
y
p
e
o
p
l
e
l
a
c
k
t
h
e
s
p
a
c
e
i
n
their homes to pursue the arts. The
r
e
a
r
e
a
n
u
m
b
e
r
o
f
s
u
c
c
e
s
s
f
u
l
a
r
t
centers in the area, and with the c
o
n
t
i
n
u
e
d
p
o
p
u
l
a
t
i
o
n
g
r
o
w
t
h
w
o
u
l
d
probably be quite successful here.
VI. HISTORIC HOME INVENTORY AND HISTORIC PRESERVATION ORDINANCE
One to two times a year the Planning Department, a devel
o
p
e
r
o
r
a
citizen contacts the Historical and Cultural Commission with
a
q
u
e
s
t
i
o
n
about the historical significance of an old structure in Ede
n
P
r
a
i
r
i
e
.
The City lacks a thorough inventory of buildings older than 50
y
e
a
r
s
o
l
d
- and sites that played a role in the community's history.
Even with such information, the City lacks the means to e
n
c
o
u
r
a
g
e
people to preserve a structure on their own. A building does not have to be in public ownership to be placed on the National Re
g
i
s
t
e
r
o
f
Historic Places; nor does such a designation keep a place f
r
o
m
b
e
i
n
g
razed.
If the City had a basic preservation ordinance that a
l
l
o
w
e
d
a
designated "preservation commission" to review requests for de
v
e
l
o
p
m
e
n
t
of an area with a historically significant site or structur
e
,
o
r
t
o
review building permits for changes to old structures the City
w
o
u
l
d
b
e
eligible to become a "certified local government". (See attac
h
e
d
s
h
e
e
t
on Certified Government Status).
As a "certified local government" the City would be eligible fo
r
a
p
a
s
s
thru" funds from the National Park Service. These funds can be
u
s
e
d
t
o
do a complete historic site survey, master plans for all
h
i
s
t
o
r
i
c
properties the City owns, interpretive programs and publicat
i
o
n
s
,
a
s
long as the programs are not site specific. The money cannot
b
e
u
s
e
d
for "bricks and mortar" type programs.
In Minnesota there are only ten certified local governments.
Ninety thousand dollars in funds were available for FY 88. Cottage Grove, a suburb similar to Eden Prairie, has been a certified local gov
e
r
n
m
e
n
t
for a number of years. This year they received $20,000 in pa
s
s
t
h
r
u
funds.
As mentioned earlier, there are limited funds available fo
r
h
i
s
t
o
r
i
c
preservation. For the last eight years there has been
n
o
m
o
n
e
y
available to private individuals who have homes on the
N
a
t
i
o
n
a
l
Register. Although Congress has been increasing its alloc
a
t
i
o
n
s
f
o
r
historic preservation, it may be quite awhile before money i
s
a
v
a
i
l
a
b
l
e
to private individuals.
An active historic preservation program in Eden Prairie may
e
n
c
o
u
r
a
g
e
private individuals to place their homes on the National Re
g
i
s
t
e
r
a
n
d
preserve the structure.
For $3000-$5000, or less, depending on the scope of service
s
a
n
d
t
h
e
amount of staff time involved, a consultant could be hired to
d
e
v
e
l
o
p
a
n
ordinance, develop an inventory of historic sites and take
t
h
e
C
i
t
y
through the process of becoming a "certified local government"
.
CERTIFIED LOCAL GOVERNMENT STATUS
To become eligible for certain federal "pas
s
t
h
r
u
"
f
u
n
d
s
a
j
u
r
i
s
d
i
c
t
i
o
n
m
u
s
t
become a "certified local government".
The role of the "certified local government"
(
"
C
L
G
'
s
"
)
i
n
v
o
l
v
e
s
:
I. Eligibility to apply for matching funds
e
a
r
m
a
r
k
e
d
f
o
r
"
C
L
G
"
s
"
.
2. Responsibility for review and approval f
o
r
n
o
m
i
n
a
t
i
o
n
s
o
f
p
r
o
p
e
r
t
i
e
s
to the National Register of Historic Places.
Every year the State receives federal f
u
n
d
s
t
o
b
e
u
s
e
d
f
o
r
h
i
s
t
o
r
i
c
a
l
projects. Ten percent of these funds
m
u
s
t
b
e
"
p
a
s
s
e
d
t
h
r
u
"
t
o
l
o
c
a
l
jurisdictions. New guidelines have been se
t
u
p
b
y
t
h
e
N
a
t
i
o
n
a
l
P
a
r
k
S
e
r
v
i
c
e
,
the agency which administers these funds,
t
o
d
e
t
e
r
m
i
n
e
w
h
o
i
s
e
l
i
g
i
b
l
e
t
o
receive them.
To become a "certified local government"
a
n
d
b
e
e
l
i
g
i
b
l
e
f
o
r
"
p
a
s
s
t
h
r
u
"
funds, the following conditions must be met:
A. Have adopted a heritage preservation ordinanc
e
.
B. Have a heritage preservation commission.
C. Maintain a system to survey and inventory h
i
s
t
o
r
i
c
p
r
o
p
e
r
t
y
.
D. Provide for adequate public participation in
l
o
c
a
l
h
i
s
t
o
r
i
c
p
r
e
s
e
r
v
a
t
i
o
n
programs.
E. Satisfactorily perform the responsibiliti
e
s
l
i
s
t
e
d
i
n
p
o
i
n
t
s
A
t
o
D
a
n
d
those specifically delegated to it under t
h
e
A
c
t
b
y
t
h
e
M
i
n
n
e
s
o
t
a
S
t
a
t
e
Historic Preservation Office.
Logically, the Historical and Cultura
l
C
o
m
m
i
s
s
i
o
n
w
o
u
l
d
a
s
s
u
m
e
t
h
e
responsibilities of a heritage preservation
c
o
m
m
i
s
s
i
o
n
.
I
n
C
o
t
t
a
g
e
G
r
o
v
e
t
h
e
Park and Recreation Commission has assumed t
h
o
s
e
r
e
s
p
o
n
s
i
b
i
l
i
t
i
e
s
.
A preservation ordinance would be helpful to
t
h
e
C
i
t
y
a
s
t
h
e
r
e
h
a
v
e
b
e
e
n
t
i
m
e
s
when the Planning Department staff have refe
r
r
e
d
v
a
r
i
o
u
s
r
e
q
u
e
s
t
s
r
e
l
a
t
i
n
g
t
o
sites and old homes to the Historical and C
u
l
t
u
r
a
l
C
o
m
m
i
s
s
i
o
n
;
h
o
w
e
v
e
r
,
t
h
e
Commission was limited in the recommendatio
n
s
i
t
c
o
u
l
d
m
a
k
e
.
DRAFT REPORT
PROPOSED INTERPRETIVE PROGRAM FOR CUMMINS-GRILL HOMESTEAD
Summer 1988
Summer 1988
August 1988
September 1988
October 1988
November 1988
December 1988
Hire person to put together a manual for tour guides that
would include: neighborhood, local, regional, state and
national history, as guides must be able to relate to
times; background information on Cummins, Phipps and
Grill families; history of restoration project to date.
Garden program for 7-11 year olds "Seed, Weed & Feed".
Components: plan, plant, weed, and harvest garden; build
scarecrow; enter and attend County Fair; talk by Master
Gardener.
Place: outside at Cummins-Grill House
Time: Thursdays, 10-11:30 a.m. every other week beginning
June 9 thru September 1
Volunteer Guide Training
Sunbonnet Day House Tour
Great Pumpkin Hunt
Pie Baking & House Tour
Christmas Traditions in Eden Prairie - same time as
Holiday Salute - have sleigh rides from Staring Lake Park
to Cummins-Grill House and back.
Jan. thru Apr./89 House closed for winter
Feb.-March 1989
May 1989
June-Aug. 1989
Hire part-time curator to plan interpretive programs for
summer. Person would work full-time June thru August.
Monthly Program
Weekly programs for children, family and adults with paid
and volunteer staff.
Sept.-Dec. 1989 . Monthly programs
• Open to groups for tours by reservation
• Open to groups for meetings
Jan.-April 1990 . Closed for restoration
. Hire permanent part-time curator
. Develop 2-3 programs for groups
Role of Curator: Plan programs, do research necessary to authenticate
programs, recruit and train part-time staff and
volunteers, fund raising, promotion, oversee restoration,
etc.
DEVELOPMENT CONCEPT
08JECTIVES
The Cummins-Grill House will be restored as a symbol of the
pioneering spirit that founded and continues to drive the
community of Eden Prairie and its citizens.
THEME
The Cummins-Grill House will show the citizens of our area
how settlers lived in the late 1800's and early 1900's in
Eden Prairie. This time period was not only the time Mildred
and Martin Grill and John and Martha Cummins occupied this
farmstead home, but it was also the time of rapid and
important growth in Minnesota.
The Cummins-Grill House will also show many of the economic
and social conditions that the pioneers on the prairies of
Eden experienceo.
PHILOSOPHY OF THE CUMMINS-GRILL HCUEE
The City of Eden Prairie has secured the farmhouse, the home
of John and Martha Cummins End later Martin and Mildred
Grill, to preserve the heritage of the pioneers in our
community. We believe this is an important because examples
of our heritage are rapidly disappearing in our community.
Eden Prairie still has a limited number of historical areas
available for restoration. A site such as the Cummins-Grill
House can be an education to so many people because it is
both a fine example cf a pioneer farm home from the late
1000's but also displays quality architecture and masonry
work. At the time of its acquisition the City of Eden
Prairie felt it was important to save an example of the
prairie heritage. This will enable the demonstration of turn
of the century rural Minnesota skills, activities, culture
and history to today's citizens.
The Historical and Cultural Commission of the City of Eden
Prairie strongly believes that in preoerving our heritage we
strengthen the base of our own values.
The Cummins-Grill House will give citizens of Eden Prairie
(curr.ant, past and future) the opportunity to learn, to
create and find one s roots through voluntary involvement
with this project. Volunteers will have the opportunity to
learn and share their knowledge with fellow citizens and work
hard at something that is important to them.
PROGRAM
The Cummins-Grill House will provide a year-round ex
p
e
r
i
e
n
c
e
for the visitor. Seasons played an important role i
n
t
h
e
life of the prairie pioneer. Visitors to this histor
i
c
a
l
site will be able to experience pioneer life during t
h
e
spring with beautiful flowers, the summer with apple
s
a
n
d
Sunbonnet Days, the fall with Halloween pumpkins and
t
h
e
winter with pioneer Christmas celebrations and sleigh
r
i
d
e
s
.
Visitors to the Cummins-Grill House will be given a g
u
i
d
e
d
tour of the farm home by an Interpreter. Programs, both fun
and educational, will be available on special days du
r
i
n
g
t
h
e
year. Eden Prairie will have a chance to share a part
o
f
i
t
s
history with its neighbors through interpretive progr
a
m
s
a
n
d
demonstrations. The Cummins-Grill House will not onl
y
b
e
a
n
example of history, but it will also be a meeting pla
c
e
f
o
r
today's citizens as it was back at the turn of the century.