HomeMy WebLinkAboutCity Council - 02/07/1989rINANCE DIRECTOR
JOHN FRANE
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA
EDEN PRAIRIE CITY COUNCIL
7:30 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Dirve
Mayor Gary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock and Douglas
Tenpas
City Manager Carl J. Jullie, Assistant to
the City Manager Craig Dawson, City
Attorney Joe Nilan, Finance Director John
D. Frane, Director of Planning Chris
Enger, Director of Parks, Recreation &
Natural Resources Robert Lambert, Director
of Public Works Gene Dietz, and Recording
Secretary Deb Edlund
TUESDAY, FEBRUARY 7, 1989
COUNCILMEMBERS:
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Special City Council Meeting held Tuesday, October 2§, 1988
B. Regular City Council Meeting held Tuesday, January 1, 1989
C. Housing & Redevelopment Authority Meeting held Tuesday,
January 3, 1989
D. Special City Council Meeting held Tuesday, January 10, 1989
E. Regular City Council Meeting held Tuesday, January 17, 1989
F. Special City Council Meeting held Tuesday, January 24 1989
III. CONSENT CALENDAR
A. Clerk's License List
B. Receive Memorandum from Waste Management Commission Regarding City's Recycling Plan
C. ARBY'S by Homart Development Company. 2nd Reading of Ordinance
No.--6T-88, Zoning District Change from Rural and Public to C-Reg-
Ser on 3.4 acres; Approval of Developer's Agreement for Arby's
Restaurant; and Adoption of Resolution No. 89-19, Authorizing
Summary of Ordinance No. 61-88 and Ordering Publication of Sai
d
Summary. 3.4 acres into 2 lots for construction of a
commercial restaurant. Location: East of Franlo Road,
north of Prairie Center Drive, within the Eden Prairie
Center property. (Ordinance No. 61-88, Rezoning; Resolution
No. 89-19, Authorizing Summary and Publication)
Page 134
Page 142
Page 156
Page 157
Page 162
Page 173
Page 176
Page 178
Page 179
City Council Agenda - 2 - Tues., February 7, 1989
D. MARCUS DEVELOPMENT by Marcus Corporation. 2nd Reading of
Ordinance No. 62-88, Rezoning from Rural to C-Reg-Ser on 0.65
acres with variances approved by the Board of Appeals;
Approval of Developer's Agreement for Marcus Development;
and Adoption of Resolution No. 89-20, Authorizing Summary of
Ordinance No. 62-88 and Ordering Publication of Said Summary.
3,300 square foot commercial building. Location: South of
Prairie Center Drive, east of Highway #169, west of Joiner
Way. (Ordinance No. 62-88, Rezoning; Resolution No. No. 89-20,
Authorizing Summary and Publication)
E. APPROVAL OF AGREEMENT WITH GOODWILL INDUSTRIES, INC./EASTER SEAL
SOCIETY OF MINNESOTA FOR ATTENDED DROP-OFF CENTER
F. PROCLAMATION--February as Heart Month in Eden Prairie (Resolution
No.89-25)
G. Request from Senior Community Services for Office Space
at the Senior Center for the Senior Outreach Program
H. Carmel Park 1st Phase Improvements
I. Red Rock Lake Park 1st Phase Improvements
J. Naming of Parks
K. Request for Approval to Solicit Bids for Amphitheater
at Staring Lake Park
L. Review Bids for Community Center Tile Project
M. Approve Bids for Rotary Mower
N. Approve Change Order No. 2 for Phase II Repair of
Community Center
Page 187
Page 193
Page 204
Page 205
Page 208
Page 209
Page 213
Page 214
Page 215
Page 217
O. Final Plat Approval for Cedar Ridge Estates (formerly Page 231
Cheyenne Place), located north of Pioneer Trail and west
of County Road 4 Tki-s-31-dtion No. 89-14
P. Preliminary & Final Plat Approval for Jenkins Addition (located Page 234
north of Research Road east of Mitchell Road) Resolution
No. 89 175
Q. Approve Cooperative Construction Agreement with MnDOT and
Hennepin County for Traffic Control Signals at T.H. 5 and
CSAH 4 T.H. 5 and Wallace Road and at CASH 4 and Wagner Way, _
I.C. 52-074 (Resolution No. 89-16T-
R. Approve Temporary Easement to MnDOT for T.H. 169 Improvements
Over Outlot A Within Tract 8, Registered Land Survey No. 791
S. Approve MWCC Connection Permit for Boulder Pointe (aka Red
Rock Ranch) (Resolution No. 89-17
T. Approve Final Construction Plans for T.H. 5 from 0.56 Miles
West to 0.89 Miles East of CSAH 4 and on CSAH 4 from 616 ft.
South of Terrey Pine Drive to Westgate Drive T.r7-2 17074--hase
TT—Nesolution No. 89:Tar
Page 237
Page 254
Page 257
Page 258
City Council Agenda - 3 - Tues.,February 7, 1989
U. Final Approval of Housing Revenue Bonds for CSM/Fountain Place II—Pfesolution No. 89-23) Page 259
V. Resolution No. 89-24 urging MnDOT to change its frontage road Page 267 funding policy
W. Resolution No. 89-12 authorizing the Acquisition of Tax Forfeited Page 268 Land for Public Parkland
IV. PUBLIC HEARINGS
A. PRIMETECH IX LIMITED PARTNERSHIP. Request for Planned Unit Page 270 Development Concept Amendment Review on 87 acres, Planne
d
U
n
i
t
Development District Review on 87 acres with a waiver fo
r
structure height, Zoning District Change from C-Reg-Ser
t
o
Office on 5.5 acres for construction of a 62,669 square f
o
o
t
office building. Location: North of Shady Oak Road, ea
s
t
o
f
City West Parkway, west of Highway #169. (Resolution No
.
8
9
-
2
1
,
PUD Concept Amendment; Ordinance No. 3-89, PUD District
A
m
e
n
d
m
e
n
t
and Rezoning)
B. RED ROCK RANCH by Mason Homes. Request for Planned Unit
Development District Review on approximately 60 acres wit
h
i
n
the R1-13.5 Zoning District with waivers from front and s
i
d
e
yard setback Code requirements. Location: West of Mitch
e
l
l
Road, east of Red Rock Lake. (Resolution No. 89-22, PUD
C
o
n
c
e
p
t
Amendment; Ordinance No. 4-89, PUD District Review and
Z
o
n
i
n
g
District Amendment within the R1-13.5 District)
C. Site Plan and Architectural Design Review - Amendment to City Zoning Code Chapter 11 (Ordinance No. 1-89)
V. PAYMENT OF CLAIMS
VI. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 2-89 amending Section 2.11 Subd. 1 of the City Code to reduce the number of members from nine to seven on the Board of Appeals and Adjustments
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. EDEN PRAIRIE INTERMEDIATE SCHOOL by Cunningham Architects.
Request for a new Intermediate School on a 23-acre site.
Location: Along Purgatory Creek at the junction of Rese
a
r
c
h
Road and Anderson Lakes Parkway.
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
C. Report of City Attorney
D. Report of Director of Planning
Page 295
Page 298
Page 275
Page 278
Page 284
City Council Agenda - 4 - Tues.,February 7, 1989
E. Director of Parks Recreation & Natural Resources
F. Report of Director of Public Works
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
SPECIAL MEETING OF CITY COUNCIL
TIMBER LAKES HOMEOWNERS ASSOCIATION BOARD
UNAPPROVED MINUTES
TUESDAY, OCTOBER 18, 1988
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
I. INTRODUCTIONS
6:00 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, Director of
Parks, Recreation & Natural Resources
Robert Lambert, and Recording
Secretary Deb Edlund
Members of the Timber Lakes Homeowners' Association Board
introduced themselves and stated their position on Board. The
following members of the Timber Lakes Homeowner's Association
Board were present: Jim Perkins, Rob Evans, Brian Foltz, Bob
Hult, Chuck Sorensen, Jolene Burton, and Tim Crain.
II. REVIEW OF EXISTING SCENIC EASEMENTS
A. Review of Entire Shoreline & Any Scenic Easements to Date
Lambert presented a map of the Mitchell Lake shoreline and
designated the specific scenic easements.
Lambert stated that the Weston Bay scenic easement did not
allow removal of vegetation, placement of man-made
structures, or altering of the lakeshore.
Lambert related that the Townhouse Association scenic
easement stated that cutting or removal of vegetation
within 75 feet of the 872'-contour was not allowed with
the exception of dead trees or weeds. He said that boat
docks and grading were prohibited. Lambert stated that
storing or parking of recreational vehicles or personal
property such as picnic tables, etc. were not allowed
within the scenic easement. Lambert said that every
member of the association had a pedestrian access tc the
lake.
City Council Minutes 2 October 18, 1988
B. City Scenic Easement
Lambert related that the City's scenic easement stated
that grading, cutting of trees or natural vegetation, and
placement ofman-made structures were not allowed. He said
that easement also stated that any planting of vegetation
required the City's approval.
C. Homeowners Association Scenic Easement
Lambert stated that the Timber Lakes Homeowners'
Association scenic easement stated that removal of
vegetation and placement of man-made structures were not
allowed. He said that provisions had been made for a
trail system.
III. DISCUSSION OF EXISTING PROBLEMS WITH SCENIC EASEMENTS
Lambert stated that currently live trees and vegetation were
being removed along with the dead trees. He said that boat
docks had been installed and sand had been brought in to
create beaches.
Lambert believed that if the scenic easements for the entire
shoreline were not going to be enforced, an alternate method
of restriction should be considered to preserve the natural
shoreline.
Tim Crain, President of the Timber Lakes Homeowners'
Associati.)n, stated that for the past two years the lake had
been at flood level (874') and had created extensive damage to
the vegetation along the lakeshore. Crain said that over 1600
trees 4" in diameter or greater had died because of the high
water. He said that currently the water was below the control
level for the lake (870'). Crain stated that according to the
DNR the State owns the land below the high-water mark; by
obtaining a permit from the DNR, sand, gravel, or rock can be
placed to create a beach. Crain said that above the high-
water mark the land was controlled by the Association and the
property owners. Crain believed that the issues needed to be
separated as to what had been done above or below the high-
water mark.
Crain stated that when the violations of the scenic easement
were determined the TLHA had come to the City and had
requested help to enforce the easements. Crain said that the
convenant did not prohibit the installation of docks or
grading, etc., but that permission from the TLHA and the City
were required.
Robert Evans, 8009 Island Road, stated that he understood that
the City had left the issue of docks, beaches, etc., up to the
TLHA until the issue of scenic easements came up. Evans said
that when he purchased his property he was told there was a
City Council Minutes 3 October 18, 1988
drainage and utility easement. Evans said that on the
Certificate of Title for his property it stated drainage and
utility easements, but did not mention scenic easement. Evans
stated that he paid taxes on the property and believed that if
he wished to clean up the area to make it usable, he should be
able to do so.
Peterson stated that the intent of the meeting tonight was to
try to develop a reasonable, consistent policy to deal with
easements not only for Mitchell Lake, but for all lakes in
Eden Prairie,
Bob Hult, 7970 Island Road, stated that in the covenant the
drainage easement was also defined as the scenic easement.
Hult believed that the City was tied into the covenant because
it stated that consent was required by the TLHA and the City
before any changes could be made to the property defined as
the scenic easement.
Crain stated that the TLHA had specific procedures defined for
members to request permission to develop or alter the scenic
easement as well as the rest of their property. The TLHA had
only had problems where the scenic easement was involved. He
said that homeowners believed that it was their right to be
able to install a dock. Crain stated that the TLHA had
requested several of the homeowners to submit a written
request so that the TLHA Board could act on the request and
then forward the request to the City; however, the homeowners
had refused to do so. Crain stated theat the TLHA did have
policies in place, but when it had tried to enforce the
policies it had been met with threats.
Chuck Sorensen, 7979 Island Road, stated that it was stated in
the original covenant that a homeowners' association was not
to develop until a certain number of homes were built. He
said that this took several years and that the early
homeowners had already built docks, etc. Sorensen also
believed that the problem had further developed because
realtors had not informed potential buyers that a covenant
existed.
Crain stated that development started in 1975, but the TLHA
was not formed until 1986.
Brian Foltz, 8008 Island Road, stated that property owners
purchased lake property with the intent to use the lake.
Foltz did not believe that there had been an intentional
damage to the lakeshore. He said that because of the drought
homeowners had made adjustments so that they could again
utilize the lake. Foltz said that many homeowners were simply
not aware of a scenic easement.
City Council Minutes 4 October 18, 1988
Crain stated that the covenant was clearly defined on the
abstract of the properties and did not believe that lack of
knowledge of the covenant was valid.
Bentley stated that two issues precipitated the meeting
tonight: 1) a violation of the TLHA scenic easement, and 2)
the question of enforceability of scenic easements in general.
Bentley believed that the violation which occurred on Mitchell
Lake was a violation of the TLHA private scenic easement and
did not reflect on the City's scenic easements on Mitchell
Lake or other areas in the City. He said that the original
intent of scenic easements was to preserve the natural scenic
beauty around the lakes. Bentley commented that it was not
envisioned that individual homeowners would have individual
access to the lake.
Bentley stated that he would like to find out what the City
could do to protect the lakeshore. Bentley said that he would
like the Council and the TLHA to determine a mutual reference
point with which the present and future situations could be
dealt.
Peterson asked Crain if the TLHA had a position or a
recommendation to present to the Council. Crain replied that
the TLHA Board would like to know what the City could
recommend and what the City's expectations were. Crain stated
that the TLHA Board also wanted to preserve the natural beauty
of the lakeshore. He said that the Board would like to keep
and have enforced the intent of the original scenic and
drainage easements.
Peterson asked Crain if the Board's position was to be allowed
to restore the lakeshore to its natural state. Crain replied
that the TLHA Board would like the lakeshore to be restored
within the guidelines of the scenic easement; however, the
Board did not necessarily wish to have swimming beaches,
docks, asphalt roads, or sod down to the lakeshore prohibited.
It would like to have a means of control over what would or
would not be allowed, giving the City the ability to accept or
reject any request as provided for in the covenant. Crain
stated that at this time the problem had been getting the
homeowners to submit the proper requests to the Board and the
Board did not have the financial resources to go to the court
to make the homeowners adhere to the covenant. Crain said
that the TLHA Board understood that they were the only
homeowners association with this burden.
Anderson stated that he had served on the Parks, Recreation,
and Natural Resources Commission in the early 1970's when the
concept of a scenic easement originated. Anderson commented
that the trend throughout the country at that time was to give
the control to homeowners' associations. He said that the
scenic easement was an attempt by the City to preserve the
natural state of the lake. Anderson believed that the
City Council Minutes 5 October 18, 1988
intended use of the lake needed to be considered, because
originally speed boats, water-skiing, etc. were not intended
on Mitchell Lake. Anderson believed that controls needed to
be put on the lake and would like input from the residents on
the lake as to what their expectations for the use of the lake
are.
Joleen Burton, 7978 Island Road, asked Anderson why her
association had the responsibility to enforce the scenic
easement and Weston Bay was under the City's control.
Anderson replied that the trends had changed when the Weston
Bay Homeowners' Association came about and cities had
discovered that homeowners' associations were at working out.
Bentley commented that homeowners' associations had been
introduced by developers and not by the City. Burton asked
how the City would handle the violations if the City had
control and questioned what the homeowners had to look forward
to. Peterson asked City Attorney Pauly to explain what legal
rights the TLHA and the City had. Pauly said that
historically easements and restrictions were only created to
benefit the land encompassed within the area to be protected.
He said that covenants and restrictions traditionally were
created to benefit areas within a subdivision and the
enforcement mechanism or resolution went to the person(s) who
would benefit; therefore, unless the City owned property
within the covenant area, the City did not have enforcement
powers. Pauly said that later the law was amended to allow
property owners to grant conservation or scenic easements to
municipalities. Pauly said that the development of the
covenant for the TLHA preceded the change in the laws. Pauly
said that the TLHA did have the legal right to enforce the
covenant. Pauly believed that even if the TLHA gave the City
consent to enforce the covenant, the City would not be able to
do so.
Peterson stated that the TLHA had come to the City and stated
that it did not have the financial resources to take any court
action to guarantee the covenant be upheld. Pauly replied the
City did have the right to enforce zoning standards, which
regulated land alteration, if it fell within the zoning
requirements for a permit. Pauly also said that the City
could enforce the Shoreland Management Ordinance which would
regulate docks and where they could be placed.
Harris asked Lambert what had happened on the north side of
the lake. Lambert replied that the homes on the north side
were older homes consisting of approximately 5-acres lots. He
commented that two of the residents had installed docks on the
north side.
Evans believed that the improvements he had made to his
property precipitated the issues before the Council tonight.
He said that he had submitted a plan to the TLHA Board when he
started the improvements. Evans said that after a complaint
City Council Minutes 6 October 18, 1988
came about the asphalt road from one of his neighbors, the
City had come to inspect the road and had told him the City
had found no violations; however, he needed the TLHA approval.
Evans said that the City had posted signs stating the
trespassers would be prosecuted. Evans expressed concern
about ice fishermen leaving behind garbage on the lake. He
said that he had asked some fishermen who were abusing the
lake to get permission to be on the lake or to leave. Evans
said that since the signs had been posted the police were
enforcing the law. Bentley asked Evans if he understood that
the lake was public property. Evans replied that he did;
however, how they were getting onto the lake was trespassing.
Foltz stated that the TLHA Board's intent was to discuss the
issues with the Council and gain an understanding of the
City's position related to the issues. Foltz stated that just
as the Council was responsible to all the residents of Eden
Prairie, the Association Board was responsible to residents of
its neighborhood, and believed that it would not be
appropriate for the Board to offer any recommendations until
further input from the members was obtained. Foltz suggested
that after Board met with members of the Association another
meeting be scheduled to meet with the Council.
Peterson concurred with Foltz. Peterson stated that both
public and private values were involved and he would also
appreciate more time to gather input from residents.
Andersen believed that the dilemma occurring presently was
because residents in Weston Bay, which were controlled by the
City, were being told that they could not do things such as
put in docks, beaches, and sod, when they were seeing it done
in other areas of the lake, which were not controlled by the
City. Anderson said that the City was losing control of the
lake and the original intent of the scenic easement was being
lost.
Raymond Rice, 8010 Island Road, asked Lambert if a City map
existed depicting a walking trail around Mitchell Lake.
Lambert replied that he was not aware of such a map; however,
residents of the homeowners' associations did have the right
to walk within the scenic easement. Lambert said that a plan
did not exist to put a walking path around Mitchell Lake.
Rice asked Lambert where the proposed Mitchell Park would be.
Lambert defined the area on the map. Rice stated support for
the park; however, was concerned about a public access being
part of the park and the abuse the lake would take because of
a public access. Bentley replied that every lake was required
to have a public access and that when the access was installed
ways to control the flow of traffic would also need to be
addressed.
City Council Minutes 7 October 18, 1988
Harris believed that the City's policy regarding scenic
easements needed further review and possible revisions
MOTION:
Harris moved, seconded by Pidcock to refer the issue of scenic
easements back to Staff for further study and appropriate
presentation to the Parks, Recreation & Natural Resources
Commission prior to further consideration by the City Council.
Lambert stated that a memo had been prepared and the scenic
easement issues reviewed by the Parks, Recreations & Natural
Resources Commission. Lambert said that the Commission had
concurred with Staff that the City should not try to control
the lakeshore through scenic easements, but should pursue
control through the Shoreland Management Ordinance or actually
purchase the lakeshore.
Harris withdrew the motion.
Crain stated that he would hold a meeting with the general
membership of the TLHA; however, he did not expect to receive
a majority vote on any recommendations. Crain asked if he was
correct in assuming that after the discussions tonight that
the City would like the lakeshore restored to its natural
state. Bentley replied that he believed that each lot would
have to be reviewed on an individual basis.
Crain asked if the TLHA Board could review a copy of the
City's scenic easement to consider possible revision to the
convenant.
Peterson suggested that the Council and the TLHA Board meet
again in approximately one month.
Bentley moved, seconded by Anderson to schedule a meeting with
the Association Board for November 23, 1988 at 6:00 PM, direct
the City Attorney to offer a detailed opinion on the City's
legal rights, and direct Staff to look into situations where
the City had Scenic Easements. Motion carried unanimously.
Anderson commented that the City currently had park property
on the south side of Weston Bay which could be used as access
to the lake. He said that every resident had a right to use
the lake and only the police had the authority to ask anyone
to leave. Lambert commented that there was also a snowmobile
access to the lake.
Foltz extended an invitation to the Council to view the
lakeshore to obtain a better perspective of the problem.
City Council Minutes 8 October 18, 1988
IV. DISCUSSION OF BOARD OF DIRECToRS PLANS FOR ENFORCEMENT OF
EASEMENT
V. DISCUSSION OF ORIGINAL GOALS FOR PROTECTION OF SHORELINE &
POSSIBLE CHANGES OR MODIFICATIONS OF GOALS FOR PROTECTION OF
qH0FFT,INF,.;_nDVO UNDEVELOPED PORTION OF LAKE
ADJOURNMENT
Meeting adjourned at 7:25 PM.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 3, 1989
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
7:30 PM CITY HALL COUNCIL CHAMBERS,
7600 Executive Drive
Mayor Gary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock, and
Douglas Tenpas
City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, 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: All members present.
SXEARING-JN_CEREMONIES FOR MAYOR GARY PETERSON COUNCILMEMPER PATRICIA
PIDCOCK, AND COUNCILMEMBER DOUGLAS TENPAS
City Attorney Pauly swore into office Mayor Gary Peterson,
Councilmember Patricia Pidcock, and Councilmember Douglas Tenpas.
RESOLUTION NO. 89-11 4 PROCLAIMING FEBRUARY 1989 AS "EDEN PRAIRIE LOVES
ITS KIDS" MONTH
MOTION;
Pidcock moved, seconded by Anderson to adopt the Resolution
proclaiming February 1989 as "Eden Prairie Loves Its Kids" month.
Motion carried unanimously.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION:
Anderson moved, seconded by Pidcock to approve the Agenda as
published.
ADDITIONS TO THE AGENDA: ITEM XII.A.1, Keys to the City, ITEM
XII.A.2, Discussion of Drug Problems with the Eden Prairie
Community, ITEM XII.B.2, Schedule 1989 Strategic Planning
City Council Minutes 2 January 3, 1989
Meeting.
Motion carried unanimously.
II. APPOINTMENT OF MEMBERS TO THE HOUSINC & REDEVELOPMENT
AUTHORITY (HRA)_- Resolution No. 89-10
MPTAPN._;
Harris moved, seconded by Pidcock to adopt Resolution No. 89-
10 appointing the Councilmembers to serve as Eden Prairie
Housing & Redevelopment Authority Boardmembers and to cast a
unanimous ballot for Mayor Gary Peterson as Chairperson and
Jean Harris as Secretary of the HRA Board. Motion carried
unanimously.
III. RECESS
The Council recessed at 7:40 PM for the Eden Prairie Housing &
Redevelopment Authority meeting. The Council reconvened at
7:46 PM.
IV. MINUTES
V. CONSENT CALENDAR
A. Clerk's License List
B. Change Order No. .for the Community Cente_r
C. Special Assessment Agreement with Eden Prairie Legion
Association for SAC and WAC Fees
D. 2nd Reading of Ordinance No. 66-88 for Official Mapping_pt
T.H. 212
E. Resolution No. 89-01, Designating_the Official City.
NeWsPaT.er .
F. Resolution No. 89-02, Authorizing City Officials to
Transact Banking Business
C. Resolution No. 89-03, Authorizing_Use.of_Eacsimile
Signatures by Public Officials
H. Resolution No. 89-04, Designating Depositories
I. Resolution No. 39-05, Authorizing the Treasurer to Invest
City.of Eden Prairie . Funds
J. Resolution No. 89-08, Regulating Fees and Charges for
Busi.ne.ss_License Permits and Municipal Services
City Council Minutes 3 January 3, 1989
MOTION:
Harris moved, seconded by Anderson to approve items A
through J on the Conscnt Calendar.
ITEM E
Pidcock believed that it would be advisable for the
Council to consider the Eden Prairie Sailor at a future
date if the Sai1pr_ were to provide equivalent distribution
to the Eden Prairie News and maintain the lower rates.
Harris asked Pidcock if she was requesting the Sailu to
include mailing in its quote. Pidcock replied that for
next year's quote she would like to see the Sailor include
mailing costs to allow for a better comparison.
Motion carried unanimously.
PUBLIC HEARINGS
A. ELIM SHORES. (Continues from 12/20/88) Resolution No.
88-294, Approving Housing Plan for Elim Shores
No comments were made by persons in the audience.
MOTION:
Harris moved, seconded by Pidcock to close the Public
Hearing and adopt Resolution No. 88-294 approving the
Housing Plan for Slim Shores. Motion carried unanimously.
B. ELIM SHORES. Tax Increment Financing Plan (Resolution No.
88-295) Continued from 12/20/88
No comments were made by persons in the audience.
Harris moved, seconded by Pidcock to close the Public
Hearing and adopt Resolution No. 88-295 approving the Tax
Increment Financing Plan. Motion carried unanimously.
VII. PAYMENT OF CLAIMS
MOTION :
Pidcock moved, seconded by Anderson to approve Payment of
Claims No. 47796 to No. 48181.
PQterson asked Jullie to clarify No.48036 to the Hennepin
County Sheriff's Department for radio repair for the police
department at the cost of $12,796.49. Jullie stated that he
believed that the cost was actually for the lease payment and
should not have been 1isted as repair.
City Council Minutes 4 January 3, 1989
ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas and
Peterson all voting "AYE".
VIII. ORDINANCES & RESOLUTIONS
IX. PETITIONS, REQUESTS & COMMUNICATIONS
X. REPORTS OF ADVISORY COMMISSIONS
XI. APPOINTMENTS
A. Resolution No. 89-08, desAnatins_the official meeting„.
dates,. time and_place for the City of Eden Prairie Council
in 1989 and appointing_an Acting Mayor
MOTION:
Pidcock moved, seconded by Harris to nominate
Councilmember Anderson as Acting Mayor. Motion carried
unanimously.
MOTION:
Harris moved, seconded by Pidcock to adopt Resolution No.
89-06. Motion carried unanimously.
Anderson believed that the Council should consider
officially designating every Tuesday for the Council to
meet. He suggested that the 1st and 3rd Tuesdays remain
designated for the Public Hearing issues and the 2nd and
4th Tuesdays be designated for workshops and to have joint
meeting with the various Commissions. Anderson commented
that several communities in the area currently meet every
week.
Harris questioned if it was necessary to formally
designate the 2nd and 4th Tuesdays. She said that the
Council had always been instructed to leave all Tuesday
nights open to allow for the scheduling of special
meetings.
Anderson stated that the City has issues that need several
hours of discussion. He said that at a regular Council
meeting there was not enough time to allow for this
discussion on one subject. Anderson believed that the
Council could do a better job if it conducted four shorter
meetings rather than starting at GPM and going until
midnight or after. Anderson stated opposition to having
any further GPM meetings.
Peterson asked City Attorney Pauly what the regulations
were regarding notifying the public if the Council found
that it was not necessary to meet on the 2nd and 4th
Tuesdays. Pauly stated that he did not believe that there
City Council Minutes 5 January 3, 1989
was a statutory requirement or procedure set. Peterson
stated that he was content to continue having Tuesday
evenings reserved and to schedule special meetings on the
2nd and 4th Tuesdays. Peterson concurred with Anderson
thot the meetings starting at GPM Jnd going to midnight
were too long.
Harris agreed with Peterson.
Tenpas stated that he believed that by scheduling meeting
every Tuesday night it would take some of the pressure off
the regular Council meeting. Tenpas concurred with
Anderson that going from 6PM to past midnight made it
difficult to stay alert and make appropriate decisions.
Tenpas stated that he found it difficult to be prepared
and to research the issues adequately when the Agenda was
too full.
Jullie stated that at one time an 11:30 PM curfew had been
set. He stated that possibly Staff could do a better job
of scheduling the difficult issues so that the meeting did
not run so late.
Peterson believed that the Council had done a better job
In 1988 at picking out the issues that required special
meetings.
Pidcock stated that the Council should consider that Staff
members would be required to be at the meetings and that
some of them are already required to be away from their
homes at least one night a week.
MPTIONJ.
Anderson moved, seconded by Tenpas to establish the 2nd &
4th Tuesdays of every month for Special Council Meetings.
Motion failed 2 to 3 with Pidcock, Peterson, and Harris
voting "NO".
D. Association of Metropolitan Municipalities - Appointment
of 1 Representative and 4 AlteTnates.
MOTION:_
Harris moved, seconded by Pidcock to nominate Gary
Peterson for Representative to the Association of
Metropolitan Municipalities and nominate Patricia Pidcock,
Richard Anderson, Douglas Tenpas, and Jean Harris as
alternates. Motion carried unanimously.
Pidcock stated that she was preparing a resume for a
position on the Board of the Association of Metropolitan
Municipalities and would appreciate an endorsement and
support in the endeavor.
City Council Minutes 6 January 3, 1989
MOTION;_
Harris moved, seconded by Anderson to endorse Patricia
Pidcock for the Board of the Association of Metropolitan
Municipalities. Motion carried unanimously.
C. WAFTA Board (Western Area Fire Training Associationj -
Appointment of 1 Representative to serve a 1-year term
commencing 1/1/89
MOTION:
Harris moved, seconded by Pidcock to nominate Douglas
Tenpas to serve a 1-year term on the Western Area Fire
Training Association. Motion carried unanimously.
D. Appointment of Cily Attorney for J989
MOTION:
Pidcock moved, seconded by Anderson to recommend that
Roger Pauly and the firm of Lang, Pauly & Gregerson, Ltd
be appointed City Attorney for 1989. Motion carried
unanimously.
XII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Keys to the City
Pidcock commented that she endorsed the presenting of the
keys to the City was appropriate; however, she believed
that all Councilmembers should receive notification that a
key was being presented and should have the opportunity to
get a consensus of the Council.
Harris believed that a criteria should be established for
the types of recognition necessary to receive the key to
the City.
Pidcock stated that the City should want the receiving of
the key to the City to be a significant honor.
Anderson stated that anyone of the Councilmembers should
be able to recommend an individual to receive the key. He
commented that all members should be informed when a key
was to be given out.
1q9
City Council Minutes 7 January 3, 1989
MOTION:
Pidcock moved, seconded by Harris that criteria be
established for the awarding of the Key to the City and
that all Councilmembers be informed when a key was to be
awarded. Motion carried unanimously.
2. Drug Problem within the gommuntty
Anderson stated that recently the laws had changed
regarding who and how information regarding a juvenile
drug offender could be given out. He said that the School
District had established a committee to work on the youth
drug problem within the community. Anderson believed that
the City was not as involved in the drug problem as it
should be and he would like to see the City help the
School District in it's efforts. Anderson believed that
the drug problem was a community problem, not just the
School Districts problem. Anderson asked City Attorney
Pauly for any information that he had on the recent
changes in the laws and asked what options the City had to
provide help with the drug problem.
Peterson stated that he had had a conversation with Mr.
Gams of the School Board regarding the drug program
presented by Rod Kesselring. Peterson had informed Gamm
that the City was also involved in the youth drug problem
and very interested in helping the School Board. Peterson
had asked Gams if there was a way for the City Council to be informed when items, such as the drug problem, were to
be discussed by the School Board. Peterson suggested
having a joint meeting with the School Board and the City
Council. Peterson also suggested that a representative
from the Community Chemical Health Advisory Committee and
a representative from the police force be invited to the
meeting. Peterson concurred with Councilmember Anderson
that the City needed more information and needed to know
the City's limits in this area.
1.10.TIPNi
Anderson moved, seconded by Harris to schedule a meeting
In February with the School Board, the Community Chemical
Health Advisory Committee, and the City Council to discuss
the coordinating of efforts regarding the Drug Problem
within the Community of Eden Prairie.
Tenpas stated that the drug problem was a very serious one
and that the City should consider the possibility of
developing a Drug Commission.
Motion carried unanimously.
City council minutes 8 January 3, 1989
B. Remort of City tiarager
1. Recycling Program Options
Peterson stated that he remains an advocate of the
theoretical position of the Reuter facility; however,
because the City had waited such a long time for a clear
demonstration and an economic viability of the Reuter
facility, he could no longer support directing mixed
municipal waste to the Reuter facility. Peterson stated
that he was a strong advocate of a source separation
program for the City of Eden Prairie and for the
designation of the remainder of the waste to the Reuter
facility because it offered the possibility to do
something constructive with the remainder of the waste.
Tenpas asked if Reuter Recycling, Inc. had sold some of
Its plants or its technology. Katy Boone, representing
the Reuter facility, replied that the exclusive agreement
with Buhler Miag had been terminated.
Harris asked Dawson if it was necessary to designate
specified day-of-the-week collection area. Dawson replied
that the benefits were that trash containers would be on
the curb only one day and that garbage truck traffic would
be limited to one day. Peterson stated support for the
specified day-of-the-week collection. Pidcock cencurred.
Harris asked Dawson what issues separated Hennepin County
and Reuter Recycling, Inc. Dawson replied that the City
did not have specific details regarding the negotiations.
Harris asked how realistic was the County's goal to
achieve the 23% "old" 16% "new" recycling. Dawson
replied that the 23% was a existing recycling and the 16%
was to be created by new source-separation recycling. The
goal appeared to be achievable; however, a great deal of
resources were being used to collect and verify existing
data.
Anderson asked City Attorney Pauly how much control the
City would have regarding packaging material used by
restaurants, etc. Anderson commented that currently
Minneapolis and St. Paul were discussing trying to
restrict the type of packaging materials used by fast-food
restaurants that were not biodegradable. Pauly replied
that an exercise of that type of control could present
question on a constitutional level regarding the Commerce
Clause.
Pidcock suggested and Councilmembers decided that the City
should discontinue its purchase of styrofoam cups.
City Council Minutes 9 January 3, 1989
Pidcock asked Pauly if the City could adopt a
R
e
s
o
l
u
t
i
o
n
that only recyclable materials could be sold and
u
s
e
d
i
n
the City of Faen Prairie. Pauly questioned the
v
a
l
i
d
i
t
y
and enforceability of a Resolution of that natur
e
.
Pidcock askea if the City could make a proc1amat
i
5
s
t
h
a
t
the City Council supported recyclable packaging
.
P
a
u
l
y
replied there would be no restraint on a proclam
a
t
i
o
n
o
r
a
statement to have packages use biodegradable mat
e
r
i
a
l
s
.
After further discussion on packaging materials,
A
n
d
e
r
s
o
n
concluded by requesting that the City at least l
o
o
k
i
n
t
o
what restriction could be enforced.
Peterson asked Dawson to clarify the statement;
"
F
u
r
t
h
e
r
,
County funding is available only for costs that
c
i
t
i
e
s
Incur; if recycling is done by haulers not unde
r
c
o
n
t
r
a
c
t
with a city and money exchanged, the haulers ge
t
n
o
t
h
i
n
g
.
"
Dawson replied that the County's policy was to
r
e
i
m
b
u
r
s
e
the costs only incurred by public agencies. Co
s
t
s
incurred by private businesses would not be eli
g
i
b
l
e
f
o
r
refunds by the County. Peterson believed that
t
h
e
E
d
e
n
Prairie residents would accept the moral and fi
n
a
n
c
i
a
l
responsibility for the removal of their garbage
a
n
d
h
e
d
i
d
not want to see the City adopt a program based
o
n
t
h
e
financial assistance policy of the County.
Harris asked Dawson how many haulers would sto
p
o
p
e
r
a
t
i
n
g
in Eden Prairie if they were required to provide
recycling. Dawson replied that the residential
h
a
u
l
e
r
s
operating in Eden Prairie currently had stated t
h
e
y
w
o
u
l
d
be willing to offer the recycling service; it wo
u
l
d
b
e
difficult to speculate on their economic viabili
t
y
a
f
t
e
r
the program was in place.
Peterson asked Dawson if the haulers had give sp
e
c
i
f
i
c
details on how the recycling would be accomplish
e
d
.
Dawson replied that only one hauler had indicate
d
t
h
a
t
special equipment would be necessary to provide
t
h
e
service.
Harris asked Dawson if the timeframe presented w
a
s
realistic considering the Metropolitan Council
a
n
d
t
h
e
negotiations between Hennepin County and Reuter
R
e
c
y
c
l
i
n
g
,
Inc. Dawson replied that there was a risk invol
v
e
d
because the program would need to start prior to
J
u
n
e
1
,
and having waste recycled exclusively at the Re
u
t
e
r
p
l
a
n
t
would not necessarily qualify as recycling in t
h
e
r
e
v
i
s
e
d
Plan to be under review by the Metropolitan Cou
n
c
i
l
l
a
t
e
r
in the summer.
Anderson question if contracting one hauler for
recyclables was practical. Anderson did not wa
n
t
t
o
s
e
e
4
or 5 haulers going into a section of the City a
l
l
i
n
o
n
e
City Council Minutes 10 January 3, 1989
day. Peterson said that an advantage was that all the
garbage was collected in one day.
Anderson asked Pauly if it was legal for the City to
designate a specific area of the City to a specific
hauler. Pauly replied it was legal.
Pidcock stated that she did not want the City to become
involved in the garbage hauling business.
Pidcock stated that she would like the City to do source-
separation recycling, and receive the maximum landfill
abatement.
Peterson stated that as the City was aware Hennepin County
and the seven metro counties were having extensive
discussions regarding recycling. Peterson believed that
the recycling issues would be resolved and programs
implemented in the 1989 and the 1990's. Peterson
commented that the children were now being educated in the
school systems regarding recycling and believed that
eventually parents and students would demand changes to be
made in packaging and the handling of recyclable
materials. He said that the technology of the Reuter
facility might be available sometime in the future;
however, he believed that the City of Eden Prairie needed
to act now and could not afford to wait any longer for the
Reuter facility. Peterson concluded by stating that he
believed the Council had discussed and debated the issues
thoroughly and recommended that the Council decide tonight
that a source-separation program would be implemented in
Eden Prairie for residential properties.
Tenpas stated that technology would change and as the
technology changed so would the programs offezed in Eden
Prairie. Tenpas said the possibility of utilizing the
Reuter facility for all recycling could possibly be
revisited in a few years.
Anderson concurred with Mayor Peterson that the City
needed to implement a program now. Anderson believed that
the attitudes of the residents needed to change and
everyone needed to be educated on the affects of recycling
on our environment.
Anderson asked what would be done about yard waste
recycling. Dawson responded that separate yard waste
collection would be required in the spring and fall in
1981, and year beginning in 1990.
City Council Minutes 11 January 3, 1989
MOTION:
Pidcock moved, seconded by Anderson that the City organize
a recycling and source-separation program. Motion carried
unanimously.
Peterson recommended that Staff explore the possibility of
collecting and disposing of household hazardous waste.
MOTION:
Pidcock moved, seconded by Harris to direct Staff to
explore means for the collection and the disposal of
household hazardous waste.
Anderson asked Peterson if the intention was for only
household or could the proposal include small businesses.
Peterson replied that if the City had a program for
residential hazardous waste that the small businesses
could utilize the program; however, he did not want to see
the large commercial businesses involved. Pauly reminded
the Council that Minnesota did not currently have a
disposal facility available for hazardous material and
that the material would have to be shipped out of state.
Peterson replied that Hennepin County had demonstrated a
commitment to hazardous waste disposal by offering a drop-
off site twice during the year.
Motion carried unanimously.
Peterson asked Dawson what other decisions were necessary
for the process to begin. Dawson replied that it was
necessary to determine the type of container to be used
and if the City or the hauler should provide the
containers. Dawson suggested having the haulers
distribute the containers utilizing the City as the center
purchasing agent either having the City pay the entire
amount for the container and reimbursing the hauler the $5
given by the County and having the hauler responsible for
the remainder of the cost or the City provide the
containers. Dawson recommended providing two stackable
containers.
Anderson commented that St. Louis Park offered an
incentive program for recycling on a payback basis.
Harris questioned if anyone would use the program if the
containers were not provided.
Tenpas stated that the containers should be provided at
the most cost efficient method to the City.
Peterson asked Dawson what the cost was for a container.
Dawson replied $7 to $9 for a single large container and
City Council Minutes 12 January 3, 1989
$5 for the stackable container. Dawson commented that
when residents have the containers provided they feel
obligated to use them.
Katy Boone stated that the Eden Prairie Waste Management
Commission had toured Reuter Recycling, Inc. today. She
commented that the cost to process waste would be $10 more
a ton if the recyclables were not included.
Peterson asked Boone if there would be a reduction if the
waste had already been separated from the recyclables.
Boone replied that a similar proposal waz eer ,Pntly being
discussed with another governmental unit. Boone described
the process as a commingling and said that the tip fees
would remain the same; however, the Reuter facility would
market the recyclables at a charge of $10 to $20 per ton.
Boone said that Reuter Recycling, Inc. was interested in
marketing recyclables. She concluded by stating that
Reuter Recycling, Inc. would like to be a part of whatever
system Eden Prairie adopts.
Peterson recommended that Staff handle the details of the
program and report back to the Council.
Dawson asked if the consensus of the Council was to
continue the organised collection process and direct the
non-suurce-separation material to Reuter Recycling, Inc.
The Council consensus was to take these steps.
Anderson asked Boone if the Reuter facility could handle
the business and/or commercial waste. Boone replied that
they could handle some commercial waste; however, the
Reuter facility was not equipped to handle only commercial
waste. Boone was mainly equipped to handle residential
waste. Peterson commented that the County was responsible
for an industrial and commercial recycling program and the
City was only responsible for a residential program.
2. Schedule Strategic Planning Meeting
MOTION;
Harris moved, seconded by Pidcock to schedule the
Strategic Planning Meeting for Saturday, February 25,
1989. Motion carried unanimously.
C. Report of City Attorney
D. R e port of Director of _planning
R. Director of Parks, Recreation & Natural Resources
City Council Minutes 13 January 3, 1989
1. Trails Fee
Lambert reported that Lakeville designated 8150 from its
Cash Park Fee for trails. Lambert stated that he did not
recommend that Eden Prairie follow Lakeville's example as
presented in the memorandum dated December 20, 1988.
MOTION:
Harris moved, seconded by Tenpas to approve the Staff
recommendation of December 20, 1988 not to add trail fees
to the Cash Park Fee.
Anderson was concerned about the City's ability to
complete trails in designated areas of the City. He said
that many of the older areas of the City did not have
sidewalks or trails. Anderson asked if the City meant to
develop the remaining major trails without increasing cash
park fees and designating a portion of the fee for trails,
or would it be necessary to wait for a park referendum to
pass. Lambert replied that there were several
possibilities, including the General Fund, or a portion of
profits could be designated from the liquor store revenue.
Lambert stated that grants had not been available for
years and recommended funding be obtained by a park bond
referendum.
Anderson believed that trends in the country were changing
and that because jogging, walking, and biking were
increasing in popularity, trailways were just as important
as playgrounds and parks. Anderson did not believe trails
were as good as they could be. Lambert stated that the
only problem areas in the City were along County Road 1,
County Road 4, and the undeveloped areas of the City.
Lambert commented that Eden Prairie was not lacking trails
In City parks.
Motion carried 4-1 with Anderson voting "NO".
2. Park Bond Referendum
Lambert explained what would happen at the meeting with
the Park Referendum Committee on January 14. Lambert
presented the Council with names of residents who had
expressed an interest to serve on a Bond Referendum
Committee.
Peterson assigned each Councilmember individuals to call,
suggested a procedure to follow to avoid duplication, and
stated that each Councilmember would be responsible for 12
recommendations for committee members.
Lambert said that a chairperson also needed to be
appointed.
City Council Minutes 14 January 3, 1989
MOTION:
Harris moved, seconded by Pidcock that Mayor Peterson
recommend the Chairperson. Motion carried unanimously.
F. Report_pf_Direstbr of_Public Works
G. fl_eport of Finance Director
XIII. NEW BUSINESS
XIV. ADJOURNMENT
Meeting adjourned at 9:55 PM.
HOUSING YIENW LN AUTHORITY
CITY HALL COUNCIL CHAMBERS
Chair Gary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock, and
Douglas Tenpas
City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson,
Finance Director John Frane, City
Attorney Roger Pauly, and Recording
Secretary Deb Edlund
TUESDAY, JANUARY 3, 1989
HOUSING & REDEVELOPMENT
AUTHORITY MEMBERS:
HOUSING & REDEVELOPMENT
AUTHORITY STAFF:
I. c444....MEZTIN_Q ZO OMR
The Chair called the meeting to order at 7:41 PM.
II. HRA RESOLUTION NOS. 88 -02_209 B8 -02A, APFROVING nyiusms TO
THE TAX INCREMENT FINANCING PLAN FOR ELIM SHORES (Continued
from December 20, 1988)
MOTION:
Anderson moved, seconded by Harris to adopt HRA Resolution No.
88-02. Motion carried unanimously.
III. ADJOURNMENT
MOTION:
Anderson moved, seconded by Harris to adjourn. Motion carried
unanimously and the meeting was adjourned at 7:45 PM.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
Tuesday, January 10, 1989
COUNCILMEMBERS PRESENT
COUNCILMEMBERS ABSENT:
CITY COUNCIL STAFF:
I. CALL MEETING TO ORDER
8:00 p.m., City Hall
7600 Executive Drive
Mayor Gary Peterson,
Richard Anderson,
Patricia Pidcock,
Douglas Tenpas
Jean Harris
City Manager Carl J. Jullie,
Assistant to the City Manager,
Craig Dawson, Director of
Parks, Recreation & Natural
Resources, Robert A. Lambert
The meeting was called to order at 8:00 p.m. Mayor
Peterson requested that Item VI. be moved up to Item
MOTION: Pidcock made a motion to move Item VI. on the
agenda to Item I. Anderson seconded the motion and
it passed 4-0.
MOTION: Pidcock made a motion to approve the agenda
as amended. Tenpas seconded the motion and it passed
4-0.
II. REQUEST TO FLOOD PRESERVE HOMEOWNER'S ASSOCIATION POND
Refer to memo dated January 6, 1989 from Bob Lambert,
Director of Parks, Recreation and Natural Resources.
Lambert said this pond is located in Outlot C of Amsden
Hills Second Addition and is owned by the Preserve Homeowner's
Association. In order to flood the pond, the City would
have to acquire a lease from the Board of Directors
of the Homeowner's Association. He added that the City
would be unable to get its equipment to the pond, but
said that the snow could probably be moved with a snowblower.
The pond could be flooded from a 2000 gallon tanker,
but the nearest hydrant is across Anderson Lakes Parkway
which would require running a hose over the road. Lambert
added that flooding the pond can be done, but he doesn't
want to recommend doing so unless the pond will be maintained.
Lambert said that there were 24 of these rinks in the
City several years ago, but when rinks with warming
houses and lights were built, these areas were not used.
The City has not flooded a pond of this type for three
years. If a pond was on a four-day flood schedule and
the pond was not used, flooding was discontinued.
The nearest skating rink to this neighborhood is at
Preserve Neighborhood Park which is almost a mile away.
Lambert said he understands the need for this rink and
staff would be willing and able to flood it.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL Jan. 10, 1989
-2-
Anderson said that at the time Lambert was referring
to, the City attempted to provide rinks before the other
rinks were built. Some of these rinks were used only
1 or i,,,e3 per season and others were used for only
a couple of years. He believed that the flooding of
rinks should be planned for a year in advance since
it would be the end of the month before this rink was
done and there would be only about 20 days of skating
time left in the season. He also believed that lighting
these rinks should be considered. Because of past experience
and timing, Anderson said this issue should be considered
by the Parks and Recreation Commission next year.
Tenpas asked how often this rink is used. Mr. Nelson,
the resident who requested that the pond be flooded,
said that his family started to clear the rink several
weeks ago and were assisted by some neighbors. On parts
of the pond, the ice was good and on other parts it
was not. Since the area on the pond was cleared, someone
had provided two benches and he did not believe it was
necessary to light the area. The closest rink to this
neighborhood was located in Bloomington approximately
six blocks away.
Pidcock commented that she lives on a pond and has noticed
that there are more kids skating this year. She questions
the liability the City would have if they flooded this
pond.
Lambert said that the City would have to acquire a lease
from the property owner and the City would then accept
liability for the pond.
Peterson asked if the City could flood the pond only
once. Lambert said that if the City floods the pond
once, it should be maintained for the rest of the season.
Pidcock suggested that perhaps flooding could be done
this year only to see how it works out.
Mr. Nelson added that there is a hydrant located on
Garrison Way which could be used to flood the pond.
Peterson said that this request would normally be handled
by the Parks and Recreation Commission and then by the
City Attorney and City Council, but because timing is
so important this process has been altered.
Peterson asked if the City could stay out of the issue
and just lend the residents a hose to flood the pond.
Lambert said they would not be allowed to open a hydrant.
Anderson said he did not like the direction this issue
was going. He was concerned with the possibility of
parties on the rink, noise, etc. and nobody having control
over it.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL Jan. 10, 1989
-3-
Peterson said he beli ,=ved the City should be involved
if there is a way to do it.
Tenpas thinks this would be fine on a short-term basis
and the regular process could be followed next year.
Mr. Nelson added that the snowblower the City used for
clearing sidewalks would work well to keep the pond
clear of snow.
Pidcock does not want to set a precedent for other neighborhoods,
but would like to see the pond flooded for the kids.
Anderson said the City has had this experience before
and it did not work out. This will definitely set a
precedent for other neighborhoods and he is opposed
to it for this reason.
Tenpas asked if there is anything that can be done right
now. City Manager Jullie said that some minimal things
can be done without a liability problem. For instance,
the City could sell the water and supervise the flooding
of the pond.
Peterson said that he does not know how the City would
deal with other requests of this type.
City Manager Jullie said he feels it is important that
the residents maintain the pond.
Lambert said that unless City equipment removes the
snow from the pond, discussing the issue is a waste
of time.
MOTION: Pidcock moved to deny regretfully the request
to flood the Preserve Homeowner's Association pond,
but the issue will be brought up for discussion again
next year. Anderson seconded the motion and it passed
4-0.
MOTION: Anderson moved to request that the Director
acquire a list of neighborhoods that are greater than
one mile away from a skating rink. Pidcock seconded
the motion and it passed 4-0.
MOTION: Pidcock moved to request that the Director
report on the average cost to flood a neighborhood pond.
Tenpas seconded the motion and it passed 4-0.
Tenpas asked if this type of request should be directed
to the City staff or if it must go thru this process.
Anderson said that this is the correct process to follow.
III. INTRODUCTION OF BOND REFERENDUM COMMITTEE CHAIRMAN
Mayor Peterson announced that Pat Breitenstein has agreed
to be the chairperson of the Bond Referendum Committee. )5'1
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
Jan. 10, 1989
-4-
MOTION: Pidcock moved to nominate Pat Breitenstein,
present chairperson of the Parks, Recreation and Natural
Resources Commission and former President of the Chamber
of Commerce, as the chairperson of the Bond Referendum
Committee. Anderson seconded the motion and it passed
4-0.
IV. APPOINTMENT OF MEMBERS TO BOND REFERENDUM COMMITTEE
Bob Lambert distributed a rough draft of the proposed
members of the Bond Referendum Committee. Sixty-three
or 64 people have been contacted to date. Lambert feels
it is important that the 14 block captains from the
neighborhood crime watch program be contacted. Mayor
Peterson and Pidcock agreed to contact these block captains
.
The members of the Council and Bob Lambert reviewed
the names on the list.
MOTION: Anderson moved to nominate the persons on
this list subject to their approval. Pidcock seconded
the motion and it passed 4-0.
Lambert said that there were a number of people who
did not return phone calls. He asked if they should
be contacted one more time. After discussion, it was
decided that the number of people on the committee is
sufficient and those people that did not return the
calls are probably not interested in serving on the
committee.
Peterson asked if there are particular reasons why some
of these people are on the committee. Lambert said
some of these people volunteered and others are active
in the recreation programs in the City.
V. APPROVE GOLF COURSE ARCHITECT FOR STUDY OF SITE FOR
POTENTIAL COMMUNITY PARK AND GOLF COURSE
Refer to memo dated January 6, 1989 from Bob Lambert,
Director of Parks, Recreation and Natural Resources.
Lambert said he realizes that there was a substantial
difference in the fees for the two architects, but he
said he was disappointed in the Brauer and Associates
propoE:al and they cannot compete with the experience
that Barton-Aschman and its golf course consultant have
with golf courses.
MOTION: Anderson moved to approve Barton-Aschman as
the consultant for the proposed community park and golf
course. Tenpas seconded the motion.
Pidcock said that the difference in cost is 35%. Lambert
said that the City will be receiving a plan for park
use and adjacent land use, in addition to a golf course
plan. k6.7,
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL Jan. 10, 1989
-5-
Anderson said he would like to refer to this area as
a recreation area, not only a golf course, and stated
the City should hire the best people possible to work
on its design.
The motion passed 4-0.
VI. SET JANUARY 31, 1989 AT 7:30 P.M. AS SPECIAL PUBLIC
HEARING FOR CITIZEN INPUT REGARDING PARK AND RECREATION
FACILITY NEEDS THAT SHOULD BE CONSIDERED IN THE 1989
REFERENDUM
MOTION: A motion was made by Tenpas to approve the
January 31 public hearing. Pidcock seconded the motion.
Lambert noted that there is also a special City Council
meeting on January 24 at 7:00 p.m. with the bond referendum
committee and a Southwest Area Study meeting on February
14 at 8:00 p.m.
The motion passed 4-0.
VII. ADJOURNMENT
MOTION: Anderson moved to adjourn the meeting at 8:50
p.m. Tenpas seconded the motion and it passed 4-0.
Respectfully submitted,
Lois Boettcher
Recording Secretary
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 17, 1989
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
7:30 PM CITY HALL COUNCIL CHAMBERS,
7600 Executive Drive
Mayor Gary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock, and
Douglas Tenpas
City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Director of
Planning Chris Enger, Director of
Public Works Eugene A. Dietz, and
Recording Secretary Deb Edlund
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION:
Pidcock moved, seconded by Harris to approve the Agenda.
ADDITIONS:
Add Item X.A.1; Neighborhood Meetings, add Item X.A.2; Public
Record on Biodegradable Cups.
Remove Item III.D, Sherwin-Williams development proposal.
Motion carried unanimously.
II. MUIVITS_
A. Cjty_Council Meeting held Tuesday. October 4, 1988
MOTION:
Harris moved, seconded by Pidcock to approve the Minutes of
the City Council Meeting held Tuesday, October 4, 1988.
CORRECTIONS:
Page 9, Item C, paragraph 5 should read: Harris complimented
the Planning Commission...
Page 9, Item C, paragraph 6 should read: a street light be
placed at both entrances...
City Council Minutes 2 January 17, 1989
Page 11, paragraph 4 should read: asked Enger why the project
was being presented ...
Page 11, paragraph 5 should read: Bentley asked Patton if
Chennault Way would....
Page 15, paragraph 3 should read: determined to be too
costly ....
Page 15, paragraph 5 should read: Harris asked Smith if both
Outlot .... dedicated to the City and would include
approximately...
Page 17, Item V, paragraph 3 should read: for the same
items...
Page 23, Paragraph 1 should read: appropriate action for
relief..
Motion carried unanimously.
III. (..7(711sViFNT CALENDAR
A. Clerk's License Lis
B. Mange Order No. 3, I..C._527091,yyndham Knolj
C. Change Order No. 3„ I.C. 52-102, Hidden Glen 3rd Addition
D. SHERWIN-WWJAMB by Wirtanen Clark Larsen Architects, Inc.
2nd Reading of Ordinance No. 54-88, Zoning District Change
from Rural to Commercial Regional Service on 1.01 acres,
with variances to be reviewed by the Board of Appeals;
Approval of Developer's Agreement for Sherwin-Williams;
and Adoption of Resolution No. 88-289, Authorizing Summary
of Ordinance No. 54-88, and Ordering Publication of Said
Summary. 1.01 acres for one lot for construction of a
retail paint store. Location: Along Plaza Drive in front
of Menard's Center. (Ordinance No. 54-88, Rezoning;
Resolution No. 88-289, Authorizing Summary and
Publication) (REMOVED FROM THE AGENDA)
E. CARDINAL CREEK 3RD ADDITION by Gustafson & Associates
Company. 2nd Reading of Ordinance No. 49-88, Zoning
District Change from RM-6.5 to R1-13.5 on 1.67 acres for
Cardinal Creek 3rd Addition; Adoption of Resolution No.
89-09, Authorizing Summary of Ordinance No. 49-88 and
Ordering Publication of Said Summary. Location: 6801-05,
6855-59, 6871-75, and 6887-91 Stonewood Court. (Ordinance
No. 49-88, Rezoning; Resolution No. 89-09, Authorizing
Summary and Publication)
F. EDEN CREEK by JMS Equities, Inc. Adoption of Resolution
No. 89-13, Denying 2nd Reading of Ordinance No. 32-88 for
City Council Minutes 3 January 17, 1989
Zoning District Change from Rural to RI-13.5 on 6.6 acres,
and Supplementary Request for Comprehensive Guide Plan
Change from Public Open Space to Low Density Residential
on 1.9 acres and Preliminary Plat of 6.6 acres into 10
single family lots, one outlot, and road right-of-way.
Location: Southeast of County Road No. 4, across from
Mere Drive. (Resolution No. 89-13, Denying Request)
MOTION:
Pidcock moved, seconded by Harris to approve Items A
through F on the Consent Calendar.
ITEM
Tenpas asked Dietz why it was necessary for the $1,000
change order to move equipment. Dietz replied that the
contractor had difficulty getting the work to proceed on
schedule. He said the change order was for storm sewer
installation on Dell Road which required soil corrections
and extra soil brought in for surcharge. Dietz stated
that the contractor had to remove the equipment from the
site and then bring the equipment back because of the
scheduling problems.
ITEM C
Tenpas asked Dietz why it was necessary for a change order
for the project. Dietz replied that the changes had been
requested by the Developer.
ITEM D
City Manager Jullie reported that Item D should be removed
from the Consent Calendar. He stated that Staff had
indicated there were major changes being proposed for the
expansion; therefore, 2nd Reading would not be appropriate
at this time.
MOTION:
Pidcock moved, seconded by Harris to amend the Agenda and
remove Item D from the Consent Calendar. Motion carried
unanimously.
Motion carried unanimously.
IV. PUBLIC HEARINGS
A. Out Storage of Recreational VPhicles - Amendment_to
City Zoning Code, Chapter 11 (Ordinance No. 22-88)
Jullie reported that notice of the Public Hearing was
published in the January 5, 1989 issue of the Eden Prairie
City Council Minutes 4 January 17, 1989
News and had been mailed to residents which had expressed
an interest in the Ordinance. Jullie stated that the
Ordinance had been reviewed by the Planning Commission and
that the final draft of the Ordinance outlined setback and
location regulations for the outside storage of
recreational vehicles regardless of height. Jullie noted
that the Ordinance stated that no more than two
recreational vehicles could be parked or stored outside.
He said that they must be parked on the driveway or at
least 10 feet from the lot line and at least 15 feet from
the traveled portion of the street.
Simon Root, 7286 Topview Road, stated that he supported
the Ordinance; however, he did have technical questions.
Root asked why a camper with a topper had been deleted
from the previous drafts. Root asked if the City
currently had a code or law regarding the storage of motor
vehicles, such as abandoned vehicles. He asked what the
City considered to be a definition of a driveway. Root
was concerned that unless a driveway was defined that this
would be a loop-hole in the Ordinance. Root stated that
he would prefer to have the 7-foot height restriction
returned to the Ordinance. Jean Johnson, Zoning
Administrator, replied that the City had a provision in
the City Code that a vehicle not licensed or operable was
not permitted to be parked outside. Johnson commented
that the City did handle several abandoned vehicle
violations every year. Pauly replied that there was not a
legal definition of a driveway and that this would be a
case-by-case determination.
Tom Moser, 7263 Topview Road, stated that unless a
driveway was defined, the ordinance could not help in the
case which had precipitated his request. Moser stated
that he supported the 7-foot limit. Peterson explained to
Moser that the vehicle in question would be grandfathered
in and would not be affected by the Ordinance being
considered tonight. Moser questioned what the point would
be in an Ordinance if this particular vehicle would be
covered by grandfathering. City Attorney Pauly explained
the grandfathering law to Moser. Peterson explained that
the Ordinance would not have an affect on violations in
existence before the passing of the ordinance.
Mike McCosky, 7251 Topview Road, asked why a camper with a
topper had been removed. He stated that he would like to
have the 7-foot height rPstriction for vehicles within 10
feet of the lot line and anything over 7 feet could be
parked in the driveway only. McCosky asked if a driveway
was defined in the building codes used by the City. He
concluded by stating that he believed vehicles under 7
feet were tolerable; however, over 7 feet he considered to
be an eyesore. Jullie replied that a driveway was not
defined in the building code.
City Council Minutes 5 January 17, 1989
Tenpas stated that he would like to see a height
restriction and a time limit restriction placed on the
vehicles. He suggested the possibility of limiting the
number of consecutive days and limiting the total number
of days per year. Tenpas stated that he sympathized with
the residents present. Peterson questioned how a time
limit restriction could be monitored. Tenpas replied that
the monitoring could begin after a complaint was filed.
Tenpas added that he believed that a point of reference
was necessary to correct problems such as the current one.
Pidcock questioned what the City was accomplishing by
passing the Ordinance. Pauly replied that the Ordinance
would designate where residents could park recreational
vehicles.
Tenpas believed that the problem was going to be large
mobile homes and boats. Jullie replied that the
Bloomington ordinance did have a 7-foot height
restriction; however, he believed it would be difficult to
monitor. Tenpas stated that he would like to see the
Ordinance modeled closer to the Bloomington and Edina
ordinances.
Peterson stated that he was sympathetic with the residents
present and wished that there had been an ordinance in
place to prevent this boat from being parked in their
neighborhood; however, the issue before the Council
tonight was to draft an ordinance that would be meaningful
and manageable. He said that he had not received any
phone calls from residents on either side ofthis issue and
questioned if it was timely to pass such an ordinance.
Peterson said that because the Ordinance would not address
the problem at hand, he would not support the proposed
Ordinance at this time. He said that residents have the
freedom to use their own property. Peterson did not
believe that a need had been demonstrated for this level
of property protection.
Pidcock stated that good neighbors were ones that were
considerate of one another. Pidcock believed that an
Ordinance was needed and that height and time limits were
necessary.
Tenpas stated that the Council would be making an
ordinance for the future. He reiterated his support for
the model in the Bloomington ordinance.
Harris stated that she preferred this draft to any
presented thus far. She said that she had not received
any calls pro or con; however, after taking a drive
through Eden Prairie she found that there were several
existing cases where an ordinance would be beneficial.
Harris believed that the ordinance would not accomplish
City Council Minutes 6 January 17, 1989
the purpose for which it was originally considered.
Harris said that the needs of the City in 10 to 15 yea
r
s
from now should be considered; consequently, was it
appropriate to impose such an ordinance at this time.
Anderson believed that the City of Eden Prairie curre
n
t
l
y
had a problem regarding parking of recreational vehic
l
e
s
and said that over the years on the Council he had
received at least 10 calls. Anderson believed that a
s
t
h
e
City grew the problem would increase. He said that a
l
l
o
f
the neighboring communities had ordinances regarding
t
h
e
parking of recreational vehicles and believed it was
t
i
m
e
fur Eden Prairie to have a form of control. Anderson
stated that he would like a height restriction. Ande
r
s
o
n
questioned how much right a neighbor had to restrict
t
h
e
natural view of his neighbors. Anderson stated that
h
e
was in favor of an ordinance.
Peterson believed that the ordinance was placing anot
h
e
r
level of control on the population. Peterson commented
that this was an issue of conflicting rights.
Harris asked Anderson if he would consider looking at
a
recreational vehicle differently than looking at a sem
i
-
truck or a construction vehicle. Anderson replied yes.
Jullie replied that the City had a restriction on the
s
i
z
e
of commercial trucks which could be parked in a
residential area.
Tenpas suggested approving the ordinance as written,
directing Staff to determine an appropriate height
restriction within 30 days, and then amending the
ordinance at 2nd Reading to include the height
restriction. Tenpas believed that it was important to
g
e
t
an ordinance on the books in some form. Anderson
concurred with Tenpas and recommended the vehicle heig
h
t
restriction be the average height for a motor home.
MOTION:
Pidcock moved, seconded by Anderson to close the Publ
i
c
Hearing and approve 1st Reading of Ordinance No. 22-8
8
t
o
establish regulations for the outside storage of
recreational vehicles and that a height restriction b
e
established by 2nd Reading. Motion carried 4-1 with
Peterson voting "NO".
V. PAYMENT OF CLAIMS
MOTION:
Harris moved, seconded by Anderson to approve Payment
o
f
ClAim3 No. 48132 through 48395. ROLL CALL VOTE: Tenpa
s
,
Pidcock, Harris, Anderson, and Peterson all voting "AY
E
"
.
City Council Minutes 7 January 17, 1989
VI. ORDINANCES & RESOLUTIONS
VII. RUTTJOY.—REQUaTs & comNJcATIQK
A. Request.for,Wine License from Mango's Grill & Carry-Out
MOTION:
Harris moved, seconded by Pidcock to approve the request
for a liquor license for Mango' Grill & Carry Out, dba
Pepper's Grill. Motion carried unanimously.
B. Request for On-Sale and Sunday Llquor License tor ihe
Courtyard by Marriott
MOTION:
Pidcock moved, seconded by Anderson to approve the request
for an on-sale and Sunday intoxicating liquor license for
the Courtyard by Marriott. Motion carried unanimously.
Pidcock asked if the criteria had been established for
further issuances of liquor licenses. Jullie replied that
Staff would have the criteria prepared within
approximately 30 days.
VIII. REPORTS OF ADVISORY COMMISSIONS
A. HuvAn_alghts_&_Serv.iges commission - No Fault Grievance
Process
Bill Jackson, Chair of the Human Rights & Services
Commission, introduced Gail Leipold and Kent Barker to
give the presentation of the No-Fault Grievance Process.
Leipold stated that the goal of the Human Rights & Service
Commission was to increase the awareness of the community
and businesses in Eden Prairie regarding the No-Fault
Grievance Process. Leipold outlined the Commission's
plans to communicate its goals to the public. Leipold
explained to the Council who would be utilizing the
process and the reasons for which a grievance could be
filed. Lcipold presented the four options available: 1)
File a complaint with the Minnesota Department of Human
Rights. 2) File a civil suit. 3) File a No-Fault
Grievance. 4) Take no action.
Kent Barker stated that the No-Fault Grievance Process had
been developed by the State as a neutral and voluntary
process; however, if the process failed the individual
still had the other 3 options to pursue. Barker said that
the No-Fault Grievance process opened up a communication
process where no notes were taken and no fault assessed.
Barker said that the attraction for the No-Fault process
City Council Minutes 8 January 17, 1989
was that the individual would not lose time from work and
the process was started by simply filling out a form. He
said that after the form was filled a mediation process
began with all parties involved. Barker stated that the
Human Rights & Services Commission was requesting the
Council's permission to place a press release in the
newspapers, and to write letters and talk to organizations
In the community to let them know the program existed and
how it functioned.
Harris commented that she had seen a program like this
work effectively. Harris stated that she was pleased the
Human Rights & Services Commission had taken the
Initiative to develop the No-Fault Grievance Process.
Harris stated that based on current trends the No-Fault
Grievance Process could relieve the court calendars of
unnecessary litigations.
Pidcock believed that the No-Fault Grievance Process
should be used to the utmost.
MOTION:
Anderson moved, seconded by Pidcock to approve the Human
Rights & Services Commission request to proceed with the
No-Fault Grievance Process communication plan as outlined
in the memo dated January 13, 1989. Motion carried
unanimously.
XI. APPOINTMENTS
A. Appointment of Two Consumer Representatives to serve on
the South Hennepin Human Services Council for twoLyear
terms commencing_ January 31, 1989
MOTION:
Harris moved, seconded by Pidcock to appoint Pat Nash and
Melanie Voris to the South Hennepin Human Services
Council. Motion carried unanimously.
Tenpas asked if a resume could be included in the
Council's packet. He said that he did not know many of
the individuals personally and would find a resume
helpful.
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Neighborhood Meetinss
Tenpas stated that he had attended two neighborhood
meetings and at both meetings the residents had a
City Council Minutes 9 January 17, 1989
misconception regarding the zoning of property and what
could be developed in their neighborhoods. Tenpas asked
if a formal process could be developed to let property
owners know what could potentially be developed in their
neighborhoods.
Anderson stated that the City's Guide Plan should be
looked at when an individual was considering buying
property. Tenpas believed that if more information were
given out about the Guide Plan it could help in avoiding
conflicts.
Pidcock stated that the City had asked for properties and
streets to be posted prior to development to give
neighbors an idea of what would be developed around them.
Peterson stated that the Council had budgeted for a part-
time Communication CoOrdinator, and perhaps one of the
tasks would be to inform new residents or possible
residents of the Guide Plan and how it works.
Enger stated that the average resident only stayed in Eden
Prairie for 4 years, and even if a Guide Plan were sent
out every year there would still be problems because the
developers can request Guide Plan changes. Enger believed
that the posted signs had helped the situation. Enger
said that the neighborhood meetings were helpful in
getting communication started between the residents and
the developers; however, he was concerned that residents
were not coming to the appropriate Commission meeting to
voice there opinions to the City as part of the formal
review process.
Peterson concurred with Enger and cautioned that the
Planning Commission or the City Council may not be able to
hear all sides of the issues.
2. Council Record
Pidcock stated that she wanted to ensure that the minutes
of the January 3, 1989 meeting would show that the Council
had decided that when styrofoam cups had been used up the
City would not purchase anymore.
3. channel 4's. Statement Regarding_The Youth Drua_prpblem
Anderson stated that Channel 4 had given out figures
regarding the drug and alcohol use by the youth of Eden
Prairie. Anderson questioned where the figures had come
from and why the City had not been informed that this
information was to be released. Anderson believed that
the School District and the City should have better
communication about the youth drug problem in Eden
Prairie.
City Council Minutes 10 January 17, 1989
Jullie stated that the City had not given out the figures.
He said that the School District had conducted a survey
approximately A year ago and that the figures had been
given out by the School District. Jullie believed that
the City should have been informed of the information and
its release.
Peterson stated that he was very disturbed with the School
District for not sharing the information from the survey
with the City and not being informed of the release of the
information to the press. Peterson believed that closer
attention needed to be given to communication with the
School District.
Harris believed that being informed on the issue was not
enough and wanted to know what preventive measures could
be utilized by the City.
B. Re.PAKt__Of ct.tY_FlartlaP.r.
1. Set a Ivecial Cit_y_Council Meeting to Interview
Residents for Boards and Commissions
MOTION:_
Harris moved, seconded by Pidcock to schedule the
Interviews for Board and Commissions for February 15, 1989
at 6:30 PM. Motion carried unanimously.
2. en jjjjq_for Board of 1989 Eden Prairie Board of
Review for Thurs0y, Apsil 1989
MOTION:
Harris moved, seconded by Pidcock to schedule the Board of
Review meeting for April 27, 1989 at 7:30 PM. Motion
carried unanimously.
C. Repot of City Attorney
Pauly stated that he had sent a memorandum to the School
District regarding notification of School Authorities of
possible drug offenses.
Anderson stated that the Eden Prairie School would be in
compliance with the State law February 1, 1989.
D. Report of Director of Planning
E. Director of Parks, Recreation & Natural Resource s.
F. Report of Director of Public Works
G. Report of Finance Director
City Council Minutes 11 January 17, 1989
XI. NEW pysINFss
XII. ADJOURNMENT
Meeting was adjourned to an executive session at 9:20 PM.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 24, 1989
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
7:00 PM CITY HALL COUNCIL CHAMBERS,
7600 Executive Drive
Mayor uary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock, and
Douglas Tenpas
City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson,
Director of Parks, Recreation &
Natural Resources Robert Lambert, and
Recording Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA
MOTION:
Harris moved, seconded by Anderson to approve the Agenda.
Motion carried unanimously.
II. WELCOME MAYOR GARY PETERSON
Mayor Peterson thanked everyone present for their willingness
to serve on the various subcommittees. Peterson said that the
City had a long-standing commitment to the development of
parks, trails, and open spaces. He said that the
subcommittees would appreciate the leadership qualities of Pat
Breitenstein, Chairperson for the Referendum.
III. REVIEW OF POTENTIAL PROJECT FOR CONSIDERATION IN THE 1989
REFERENDUM - BOB LAMBERT, DIRECTOR OF PARKS RECREATION & NATURAL RESOURCES
Director of Parks, Recreation & Natural Resources, Bob Lambert
presented the items to be considered for the Referendum in
April 1989 as outlined in the Memorandum dated January 19,
1989. Lambert stated that the items were listed in priority
based on the Barton-Aschman, Comprehensive Park and Open Space
System Plan. Lambert said that Staff would present to the
City Council on February 14, 1989 the final list of items
recommended for the Referendum. Lambert stressed to the
committee members that all of the items would not be on the
Referendum and that the final determination would be made by
City Council Minutes 2 January 24, 1989
the City Council. Lambert presented a brief history for each
item to be considered for the Referendum and the estimated
costs.
Lambert stated that a Public Hearing would be held January 31,
1989 to allow the residents an opportunity to add to the list
of items to be considered. Lambert said that on February 14,
1989 Staff would present the final recommendations to the City
Council.
IV. INTRODUCTION OF SUBCOMMITTEE CHAIR PEOPLE - PAT BREITENSTEIN,
REFERENDUM CHAIR
Pat Breitenstein thanked everyone for volunteering to serve on
the Referendum Committee. Breitenstein introduced the
Subcommittee Chairpersons as follows: 1) Finance Committee,
Fred LeCrand 2) Public Information, Curt Connaughty 3) Get Out
the Vote, Bob Hallett 4) Speakers Bureau, Pat Richard 5) YouLk
Involvement, Sharon Steiner.
V. REVIEW OF SUBCOMMITTEE RESPONSIBILITIES - D2B LAMBERT
Lambert explained the responsibilities of each sub-committee.
Finance Committee would be responsible to get the funds
necessary to run the referendum; approximately $ 4000 to
5,000.
Public Information Committee would be responsible to work with
City Staff to publish a brochure, paid for by City tax
dollars, to every resident explaining why the City was
considering a Referendum and present the issues. Lambert
believed that another brochure or flyers would be developed by
the Public Information Committee to encourage residents to
vote YES, which would be funded by the Finance Committee.
Get Out The Vote Committee would be responsible to talk to
residents to get the people out to vote. Lambert said that
this committee should be the largest committee and encouraged
anyone not sure where to serve to choose the Get Out the Vote
Committee.
Speakers Bureau Committee would be responsible to speak to
large groups and organizations. Lambert said that all the
Councilmembers had volunteered for this committee and
encouraged anyone with group speaking experience to volunteer.
Youth Involvement Committee would be responsible to find the
young adults in the community which had just turned 18 years
of age to inform them about the referendum. Lambert said that
the committee would also work with absentee ballots.
City Council Minutes 3 January 24, 1989
Lambert said that the goal of tonight's meeting was to have
residents sign up for a subcommittee and for each subcommittee
to establish the best night to meet.
VI. COMMITTEE ADJOURNS - SUBCOMMITTEES RECONVENE IN DESIGNATED
AREAS
Meeting convened to the sub-committee meetings at 7:40 PM.
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
February 7, 1989
CONTRACTOR (MULTI-FAMILY & COMM.)
Al ran Construction Co., Inc.
Construction Analysis & Mgmt.
Diversified Construction
Greystone Construction Co.
C. F. Haglin & Sons Co.
Helle Corporation
J S Building Consultants
Installers Plus
K.S.C.S. Properties, Inc.
Karkela Construction
Kopfmann Homes, Inc.
Kraus-Anderson Construction Co.
F. P. Lutz & Company, Inc.
C. W. Mears, Inc.
Jim W. Miller Const., Inc.
New American Homes Corp.
New Concept Homes, Inc.
Northwest Racquet Club
J. F. O'Neill And Associates
Ryan Construction Co. of Minn.
CONTRACTOR (1 & 2 FAMILY)
Allpro Builders, Inc.
Associated Properties & Inv., Inc.
Burgess Construction, Inc.
L. Cramer Company, Inc.
Eiden Construction, Inc.
Terry Elfering Const., Idc.
Fireplace Construction Co.
Freudenberg Construction
Homeplace Builders, Inc.
Jadco Construction
Harlan Koehnen Builders
Panelcraft of Minn., Inc.
Styba Builders
Sussel Corporation
Unibilt, Inc.
PLUMBING
A-Aarons Plumbing
Loren Brown Plumbing
Matthew Daniels, Inc.
T. H. Denison Plumbing
Egan & Sons Company
Edina SW Plumbing
Forcier Plumbing
Wm. L. Gadtke Plumbing
PLUMBING (continued)
Genz-Ryan Plumbing & Heating, Co.
Glendale Contracting, Inc.
Groth Water & Sewer
Raymond E. Haeg Plumbing, Inc.
Harris Mechanical Contracting
Hokanson Plumbing, Inc.
Horwitz, Inc.
Dan G. Johnson PLumbing
J. R. Kelly Plumbing & Heating
Lakeside Plumbing & Heating
Randy Lane & Sons Plumbing & Heating, Inc
Larson Plumbing, Inc.
McQuire Mechanical Services,
Minnesota Mechanical, Inc.
Minnetonka Plumbing Co., Inc.
Murr Plumbing, Inc.(Mendota Heights)
Nickelson Plumbing & Heating, Inc.
Nieman Plumbing & Heating, Inc.
Northern Plumbing & Heating, Inc.
Nova Frost, Inc.
The Plumbing Place
Project Plumbing Company, Inc.
R. C. Plumbing & Heating
Solberg Plumbing
South/West Metro Plumbing Co.
Star Plumbing & Excavating, Inc.
Swanson & Schiager Plumbing
Don Weld Plumbing
Wenzel Plumbing & Heating, Inc.
Westonka Plumbing & Heating, Inc.
GAS FITTER
Advanced Mechanical Contractors
ART Mechanical Services, Inc.
Behtke's Plumbing & Heating
D. J.'S Heating & Air Conditioning, Inc. Domestic Mechanical
Edina SW Plumbing
Ferrellgas, Inc.
Fredrickson Heating & Air Conditioning
Genz-Ryan Plumbing & Heating Co.
Gopher Heating & Sheet Metal, Inc.
Raymond E. Haeg Plumbing, Inc.
Harris Mechanical Contracting
Hokanson Plumbing, Inc.
Horwitz, Inc.
J & H Gas Services
J & J Heating Specialties
Inc.
CLERK'S LICENSE APPLICATION LIST
page two
GAS FITTER (continued)
Lakeside Plumbing & Heating
Larson Mechanical, Inc.
Midland Heating & Air Conditioning
Metro Air
Nieman Plumbing & Heating, Inc.
Northern Plumbing & Heating, Inc.
Northwest Heating & Air Conditioning
Pfiffner Heating & Air Conditioning
Pierce Refrigeration
Rouse Mechanical, Inc.
Fred Vogt and Company
Ray N. Welter Heating Company
Wenzel Plumbing & Heating, Inc.
Westonka Plumbing & Heating, Inc.
HEATING & VENTILATING
Advanced Mechanical Contractors
Allan Mechanical, Inc.
Bethke's Plumbing & Heating
D. J.'S Heating & Air Conditioning
Domestic Mechanical
Egan & Sons Company
Fredrickson Heating & Air Cond.
Genz-Ryan Plumbing & Heating Co.
Gopher Heating & Sheet Metal, Inc.
Horwitz, Inc.
J & J Heating Specialties
JTS Services, Inc.
Judkins Heating & Air Conditioning
Larson Mechanical, Inc.
Master Mechanical, Inc.
Midland Heating & Air Conditoning
Metro Air
Northern Plumbing & Heating, Inc.
Northwest Heating & Air Conditioning
Northwest Sheet Metal Company
O'Brien Sheet Metal, Inc.
Pfiffner Heating & Air Conditioning
Pierce Refrigeration
Rouse Mechanical, Inc.
SBS Mechanical, Inc.
Summit Energy,Inc.
HEATING & VENTILATING (continued)
Fred Vogt and Company
Ray N. Welter Heating Company
Wenzel Plumbing & Heating, Inc.
UTILITY INSTALLER
Glendale Contracting, Inc.
Hokanson Plumbing Inc.
Lakeside Plumbing & Heating
SEPTIC SYSTEMS
Lakeside Plumbing & Heating
DRIVE-IN-THEATRE
Flying Cloud Drive-In-Theatre
PRIVATE KENNEL
Thomas Redmond
CIGARETTES
ARA Services
Garden Court Gifts
Jimmy Jingle, Inc.
TYPE B FOOD
Garden Court Gifts
Mr. Movies #26
Q Petroleum
TYPE C FOOD
Q Petroleum
REFUSE HAULER
Buckingham Disposal, Inc.
Woodlake Sanitary Seriice,Inc.
3.2 BEER ON SALE
Cedar Hills Golf Park
COMMERCIAL KENNEL
Kingdale Kennels
These licenses have been approved by the d
e
p
a
r
t
m
e
n
t
h
e
a
d
s
r
e
s
p
o
n
s
i
b
l
e
f
o
r
the licensed activity.
Pat Sone
Licensing
MEMORANDUM
TO:
Mayor and City Council
FROM:
Waste Management Commission
SUBJECT: Recycling Plan
DATE:
February 1, 1989
We commend the City Council for taking decisive actio
n
t
o
b
e
g
i
n
r
e
c
y
c
l
i
n
g
service in Eden Prairie and adopting a policy to discontinue use of
styrofoam. We regret that we were unable to get unde
r
w
a
y
i
n
t
i
m
e
t
o
o
f
f
e
r
recommendations to the Council in formulating this p
l
a
n
.
W
e
a
c
c
e
p
t
t
h
e
challenge to assist in making this program a success.
The Commission agrees with the Council that negotiat
i
o
n
s
s
h
o
u
l
d
c
o
n
t
i
n
u
e
with Reuter Recycling, Inc. so that Eden Prairie's no
n
-
s
o
u
r
c
e
-
s
e
p
a
r
a
t
e
d
recycled residential waste can be processed in order
t
o
e
n
h
a
n
c
e
l
a
n
d
f
i
l
l
waste abatement. The Comission further urges that the
C
o
u
n
c
i
l
r
e
c
o
n
s
i
d
e
r
the concept of accomplishing all recycling at the Reu
t
e
r
R
e
c
y
c
l
i
n
g
,
I
n
c
.
facility and to re-evaluate curbside source separation
w
h
e
n
(
a
)
R
e
u
t
e
r
'
s
process would be credited toward achieving the City's
r
e
c
y
c
l
i
n
g
o
b
j
e
c
t
i
v
e
s
,
and (b) when the product manufactured by the facility
i
s
c
e
r
t
i
f
i
e
d
a
s
s
a
f
e
and acceptable by the United States Environmental Prot
e
c
t
i
o
n
A
g
e
n
c
y
a
n
d
t
h
e
Minnesota Pollution Control Agency.
The overall goal of solid waste management in the metr
o
p
o
l
i
t
a
n
a
r
e
a
i
s
maximum abatement of waste from sanitary landfills in
e
n
v
i
r
o
n
m
e
n
t
a
l
l
y
s
a
f
e
methods. Since it is unrealistic to expect that all
r
e
s
i
d
e
n
t
s
w
i
l
l
s
o
r
t
their refuse/garage, focusing on solely source-separ
a
t
i
o
n
r
e
c
y
c
l
i
n
g
objectives, and the concomitant effort to change beh
a
v
i
o
r
s
a
n
d
a
t
t
i
t
u
d
e
s
toward solid waste, has the effect of losing sight o
f
t
h
i
s
l
a
r
g
e
r
perspective. Solid waste management is a diverse an
d
c
o
n
s
t
a
n
t
l
y
c
h
a
n
g
i
n
g
endeavor. The Commission has found that all types o
f
a
b
a
t
e
m
e
n
t
a
c
t
i
v
i
t
i
e
s
should be pursued. It believes that the public and
t
h
e
e
n
v
i
r
o
n
m
e
n
t
i
s
b
e
s
t
served when the larger, overall perspective of waste
m
a
n
a
g
e
m
e
n
t
i
s
k
e
p
t
i
n
mind.
jdp
Arby's
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 61-88
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 and Public Districts and be placed in the Commercial-
Regional-Service District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural and Public Districts and shall be included
hereafter in the Commercial Regional Service District, and the legal descriptions of
land in each District referred to in City Code, Section 11.03, Subdivision 1,
Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of February 7, 1989, entered into
between Franchise Associates, Inc., a Minnesota corporation, and the City of Eden
Prairie, and that certain Owner's Supplement to Developer's Agreement, between
Homart Development Co., a Delaware corporation, and the City of Eden Prairie, dated
as of February 7, 1989, which Agreement and Owner's Supplement are hereby made a
part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 20th day of December, 1988, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 7th day of
February, 1989.
ATTEST:
MTITD. Frane, City Clerk
Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
EXHIBIT A
LEGAL DESCRIPTION
ZONING LEGAL DESCRIPTION
That part of Lot 6, Block 1, EDEN PRAIRIE CENTER ADDITION, Hennepin
County, Minnesota, lying northwesterly of the following described line;
Commencing at the most westerly corner of said Lot 6, Block 1; thence
South 24 degrees 42 minutes 54 seconds East, assumed bearing along the
westerly line of said Lot 6, a distance of 50.38 feet to the south line
of said Lot 6; thence easterly along said south line thereof along a
non-tangential curve concave to the north, having a chord bearing of
South 81 degrees 27 minutes 04 seconds East having a radius of 1074.00
feet and a central angle of 5 degrees 52 minutes 06 seconds a distance
of 110.00 feet to the point of beginning of the line to be described;
thence North 19 degrees 18 minutes 09 seconds East, not tangent to last
described curve, a distance of 173.25 feet; thence North 49 degrees 06
minutes 07 seconds East a distance of 130.00 feet to the north line of
said Lot 6, Block 1 and there terminating.
PLATTING LEGAL DESCRIPTION
Lot 6, Block 1, EDEN PRAIRIE CENTER ADDITION, Hennepin County, Minnesota.
Arby's
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1989, by
Franchise Associates, Inc., a Minnesota corporation, her
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 EDEN PRAIRIE, a municipal c
o
r
p
o
r
a
t
i
o
n
,
h
e
r
e
i
n
a
f
t
e
r
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District
C
h
a
n
g
e
f
r
o
m
R
u
r
a
l
and Public to C-Regional-Service on 1.15 acres and Prelim
i
n
a
r
y
P
l
a
t
o
f
3
.
4
a
c
r
e
s
into two lots for construction of an Arby's restaurant on
t
h
e
w
e
s
t
e
r
n
-
m
o
s
t
p
o
r
t
i
o
n
of said 3.4 acres, situated in Hennepin County, State
o
f
M
i
n
n
e
s
o
t
a
,
m
o
r
e
f
u
l
l
y
described in Exhibit A, attached hereto and made a part
h
e
r
e
o
f
,
a
n
d
s
a
i
d
a
c
r
e
a
g
e
hereinafter referred to as the property;"
NOW, THEREFORE, in consideration of the City adopting
O
r
d
i
n
a
n
c
e
#
6
1
-
8
8
,
Developer covenants and agrees to construction upon, deve
l
o
p
m
e
n
t
,
a
n
d
m
a
i
n
t
e
n
a
n
c
e
o
f
said property as follows:
1. Developer shall develop the property in conformance
w
i
t
h
t
h
e
materials revised and dated December 12, 1988, reviewed and
a
p
p
r
o
v
e
d
by the City Council on December 20, 1988, and attached
h
e
r
e
t
o
a
s
Exhibit 8, subject to such changes and modifications as
p
r
o
v
i
d
e
d
herein. Developer shall not develop, construct upon, or
m
a
i
n
t
a
i
n
the property in any other respect or manner than provided he
r
e
i
n
.
2. Developer covenants and agrees to the performance and ob
s
e
r
v
a
n
c
e
b
y
Developer at such times and in such manner as provided t
h
e
r
e
i
n
o
f
all of the terms, covenants, agreements, and conditions set
f
o
r
t
h
i
n
Exhibit C, attached hereto and made a part hereof.
3. Prior to release of the final plat for the property,
D
e
v
e
l
o
p
e
r
agrees to submit to the City, and to obtain the City's ap
p
r
o
v
a
l
o
f
a
cross access agreement between Lots 1 and 2, as depicted
i
n
E
x
h
i
b
i
t
8, attached hereto. Said agreement shall be for purpose
s
o
f
c
r
o
s
s
traffic circulation between said lots.
Upon approval of said document by the City, Developer
a
g
r
e
e
s
f
i
l
e
said agreement on the property with Hennepin County a
n
d
t
o
p
r
o
v
i
d
e
proof of filing to the City prior to issuance by
C
i
t
y
o
f
a
n
y
building permit on the property.
4. Developer shall notify the City and the Watershed Di
s
t
r
i
c
t
4
8
h
o
u
r
s
prior to any grading, tree removal, or tree cutting on
t
h
e
p
r
o
p
e
r
t
y
.
5. Prior to issuance of any building permit upon th
e
p
r
o
p
e
r
t
y
,
Developer shall submit to the City Engineer, and re
c
e
i
v
e
t
h
e
C
i
t
y
Engineer's approval of plans for streets, sanitary
s
e
w
e
r
,
w
a
t
e
r
,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer shall
c
o
n
s
t
r
u
c
t
,
o
r
cause to be constructed, those improvements listed
a
b
o
v
e
i
n
s
a
i
d
plans, as approved by the City Engineer, in accordanc
e
w
i
t
h
E
x
h
i
b
i
t
C, attached hereto.
6. Prior to issuance of any building permit upon t
h
e
p
r
o
p
e
r
t
y
,
Developer agrees to submit to the Director of Pla
n
n
i
n
g
,
a
n
d
t
o
obtain the Director's approval of the following:
A. Detailed plans for signage on the property, incl
u
d
i
n
g
colors, materials, and lettering style. Developer a
g
r
e
e
s
that the pylon signage on the property shall meet City
C
o
d
e
requirements and shall be constructed of materials to
m
a
t
c
h
the signage on the building.
B. Detailed plans for lighting on the property, incl
u
d
i
n
g
structure lighting and parking lot lighting. Said lig
h
t
i
n
g
plans shall include locations of all lights, dimensions of
all lighting standards, and shall indicate the color
s
a
n
d
materials of lighting standards to be utilized on
t
h
e
property. Said plans shall also provide for parking
l
o
t
lighting to be of a downcast design with cut-off lumina
r
s
.
C. Samples of exterior building materials for the structur
e
o
n
the property, including color samples and material ty
p
e
s
.
Upon approval by the Director of Planning, Develo
p
e
r
a
g
r
e
e
s
t
o
implement, or cause to be implemented, those improve
m
e
n
t
s
l
i
s
t
e
d
above, as approved by the Director of Planning, in
a
c
c
o
r
d
a
n
c
e
w
i
t
h
the terms and conditions of Exhibit C, attached heret
o
.
7. Concurrent with building construction on the prope
r
t
y
,
D
e
v
e
l
o
p
e
r
agrees to construct five-foot wide, five-inch t
h
i
c
k
c
o
n
c
r
e
t
e
sidewalks along Prairie Center Drive and along Fra
n
l
o
R
o
a
d
.
S
a
i
d
sidewalk construction shall be accomplished in accor
d
a
n
c
e
w
i
t
h
t
h
e
terms and conditions of Exhibit C, attached hereto.
8. Developer acknowledges that the terms and conditions
h
e
r
e
i
n
d
o
n
o
t
grant any approvals for zoning or construction on th
e
e
a
s
t
e
r
n
-
m
o
s
t
lot, Lot 2, as depicted in Exhibit B, attached here
t
o
.
D
e
v
e
l
o
p
e
r
agrees that, prior to construction on said Lot 2, an a
p
p
l
i
c
a
t
i
o
n
f
o
r
rezoning shall be submitted to the City in accordance with the
standard procedures for rezoning at the time of application.
Further, said application shall be reviewed by the Planning
Commission and acted upon by the City Council prior to any
construction on said Lot 2.
n E=-
Arby's
OWNERS' SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
FRANCHISE ASSOCIATES, INC.
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
, 1989, by
and between Homart Development Co., a Delaware corporation, hereinaf
t
e
r
r
e
f
e
r
r
e
d
t
o
as "Owner," and the City of Eden Prairie, hereinafter referred to as
"
C
i
t
y
:
"
For and in consideration of, and to induce, City to adopt Ordinan
c
e
#
6
1
-
8
8
changing the zoning of the property owned by Owner from the Rural
D
i
s
t
r
i
c
t
t
o
t
h
e
C
-
Regional-Service District, as more fully described in that ce
r
t
a
i
n
D
e
v
e
l
o
p
e
r
'
s
Agreement entered into as of
, 1989, by and between Franchise
Associates, Inc., and City, Owner agrees with the City as follows:
1. If Franchise Associates, Inc., fails to proceed in accordance wi
t
h
the Developer's Agreement within 24 months of the date hereof, Own
e
r
shall not oppose the rezoning of the property to Rural.
2. This Agreement shall be binding upon and enforceable against Owner
,
their successors, heirs, and assigns of the property.
3. Developer acknowledges that the terms and conditions herein, an
d
that those terms and conditions within the Developer's Agreement fo
r
the property, do not grant any approvals for zoning or constructio
n
on the eastern-most lot, Lot 2, as depicted in Exhibit B of sai
d
Developer's Agreement. Owner agrees that, prior to construction o
n
said Lot 2, an application for rezoning shall be submitted to th
e
City in accordance with the standard procedures for rezoning at th
e
time of application. Further, said application shall be reviewed b
y
the Planning Commission and acted upon by the City Council prior t
o
any construction on said Lot 2.
4. If the Owner transfers such property, Owner shall obtain a
n
agreement from the transferree requiring that such transferee agre
e
to the terms of the Developer's Agreement.
Arby's
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-19
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 61-88 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 61-88 was adopted and o
r
d
e
r
e
d
p
u
b
l
i
s
h
e
d
a
t
a
r
e
g
u
l
a
r
meeting of the City Council of the City of Ed
e
n
P
r
a
i
r
i
e
o
n
t
h
e
7
t
h
d
a
y
o
f
F
e
b
r
u
a
r
y
,
1989;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
C
O
U
N
C
I
L
O
F
T
H
E
C
I
T
Y
O
F
E
D
E
N
PRAIRIE:
A. That the text of the summary of Ordinance N
o
.
6
1
-
8
8
,
w
h
i
c
h
i
s
attached hereto, is approved, and the City Co
u
n
c
i
l
f
i
n
d
s
t
h
a
t
s
a
i
d
text clearly informs the public of the intent
a
n
d
e
f
f
e
c
t
o
f
s
a
i
d
ordinance.
B. That said text shall be published once in the
E
d
e
n
P
r
a
i
r
i
e
N
e
w
s
i
n
a
body type no smaller than non-pareil, or six-p
o
i
n
t
t
y
p
e
,
a
s
d
e
f
i
n
e
d
in Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall b
e
m
a
d
e
a
v
a
i
l
a
b
l
e
f
o
r
inspection by any person during regular office
h
o
u
r
s
a
t
t
h
e
o
f
f
i
c
e
of the City Clerk and a copy of the entire 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. 61-88 shall be recorded in
t
h
e
o
r
d
i
n
a
n
c
e
b
o
o
k
,
along with proof of publication required by p
a
r
a
g
r
a
p
h
B herein, within 20 days after said publication.
ADOPTED by the City Council on February 7, 198
9
.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
I "?:
Arby's
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 61-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MIN
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ZONING DISTRICT AND PLACING IT IN ANOTHER, AM
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IN EACH DISTRICT, AND ADOPTING BY REFERENCE C
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1
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1
1
.
9
9
,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PRO
V
I
S
I
O
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S
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, M
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O
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:
Summary: This Ordinance allows rezoning of land loca
t
e
d
e
a
s
t
o
f
Franlo Road, north of Prairie Center Drive, wit
h
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,
from the Rural and Public Districts to the Co
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subject to the terms and conditions of a devel
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.
E
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,
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with this Ordinance, gives the full legal des
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.
Effective Date: This Ordinance shall take effect upon publica
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
, 1989.
(A full copy of the text of this Ordinance is
a
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)
Marcus Development
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 62-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINN
E
S
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T
A
,
R
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M
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C
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T
A
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A
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ZONING DISTRICT AND PLACING IT IN ANOTHER, AM
E
N
D
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N
G
T
H
E
L
E
G
A
L
D
E
S
C
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S
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F
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A
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IN EACH DISTRICT, AND, ADOPTING BY REFERENCE C
I
T
Y
C
O
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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 PROVI
S
I
O
N
S
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MI
N
N
E
S
O
T
A
,
O
R
D
A
I
N
S
:
Section 1. That the land which is the subject of th
i
s
O
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d
i
n
a
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c
e
(hereinafter, the "land") is legally described i
n
E
x
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A
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a
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d
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e
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o
a
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d
m
a
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e
a part hereof.
Section 2. That action was duly initiated proposing tha
t
t
h
e
l
a
n
d
b
e
removed from the Rural District and be place
d
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i
a
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District.
Section 3. That the proposal is hereby adopted and the la
n
d
s
h
a
l
l
b
e
,
and hereby is removed from the Rural District
a
n
d
s
h
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Commercial Regional Service District, and th
e
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a
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District referred to in City Code, Section 11
.
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3
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1
,
S
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B
,
shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled "General Pr
o
v
i
s
i
o
n
s
a
n
d
Definitions Applicable to the Entire City Code
I
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P
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f
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V
i
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"
a
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Section 11.99, entitled "Violation a Misdem
e
a
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r
"
a
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r
e
b
y
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entirety, by reference, as though repeated verba
t
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r
e
i
n
.
Section 5. The land shall be subject to the terms and c
o
n
d
i
t
i
o
n
s
o
f
that certain Developer's Agreement dated as
o
f
F
e
b
r
u
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r
y
7
,
1
9
8
9
,
e
n
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r
e
d
i
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between Marcus Development Corporation and D
Y
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P
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the property, and the City of Eden Prairie, a
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Developer's Agreement, which Agreement is hereb
y
m
a
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e
a
p
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r
t
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e
r
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o
f
.
Section 6. This Ordinance shall become effective from a
n
d
a
f
t
e
r
i
t
s
passage and publication.
FIRST READ at a regular meeting of the City
C
o
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c
i
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o
f
t
h
e
C
i
t
y
o
f
E
d
e
n
Prairie on the 20th day of December, 1988, and
f
i
n
a
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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 Co
u
n
c
i
l
o
f
s
a
i
d
C
i
t
y
o
n
t
h
e
7
t
h
d
a
y
o
f
February, 1989.
ATTEST:
John D. Frane, City Clerk Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the
day of
EXHIBIT A
MARCUS DEVELOPMENT CORPORATION BLDG. .
ZONING
That part of Lot 2, Block 1; THE PRESERVE COMMERCIAL PARK SOUTH, whi
c
h
l
i
e
s
Southwesterly of a line drawn from a point on the Northwesterly line of sai
d
L
o
t
2
,
distant 94.08 feet Northeasterly of the most Westerly corner of said Lot
2
,
t
o
a
point on the Southeasterly line of said Lot 2, distant 156.29 feet Northeas
t
e
r
l
y
o
f
the most Southerly corner of said Lot 2.
PLATTING
Lot 2, Block 1 and Outlot 8, THE PRESERVE COMMERCIAL PARK SOUTH, according
t
o
t
h
e
recorded plat thereof, Hennepin County, Minnesota.
Marcus Development
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1989, by
Marcus Development, Inc., a Minnesota corporation, and DYS Properties. a Minnesota
general partnership, hereinafter jointly referred to as "Developer," and the CITY OF
EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District Change from Rural
to C-Regional-Service on 0.65 acres and Preliminary Plat of 1.61 acres into two lots
and one outlot for construction of a 3,300 sq. ft. retail service facility, situated
in Hennepin Courty, State of Minnesota, more fully described in Exhibit A, attached
hereto and made a part hereof, and said acreage hereinafter referred to as "the
property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance #62-88,
Developer covenants and agrees to construction upon, development, and maintenance of
said property as follows:
1. Developer shall develop the property in conformance with the
materials revised and dated December 12, 1988, reviewed and approved
by the City Council on December 20, 1988, and attached hereto as
Exhibit B, subject to such changes and modifications as provided
herein. Developer shall not develop, construct upon, or maintain
the property in any other respect or manner than provided herein.
2. Developer covenants and agrees to the performance and observance by
Developer at such times and in such manner as provided therein of
all of the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
3. Developer acknowledges that the use of a portion of the structure to
be constructed on the southern portion of the property has been
approved by City for a drive-through photo processing business. If
Developer changes the use within that portion of the structure on
the southern portion of the property, Developer agrees that any new
use shall not be such that it will generate more traffic, nor
generate a need for more parking on the property,
n
o
r
g
e
n
e
r
a
t
e
a
need for more stacking distance at the drive-throug
h
w
i
n
d
o
w
o
f
t
h
e
structure than is herein approved for the photo proce
s
s
i
n
g
b
u
s
i
n
e
s
s
.
Developer further agrees to submit any new use to
t
h
e
D
i
r
e
c
t
o
r
o
f
Planning for review, and to obtain the Director's a
p
p
r
o
v
a
l
o
f
s
a
i
d
new use, prior to issuance of any occupancy permit
b
y
C
i
t
y
o
f
a
n
y
new use for the property.
4. Developer acknowledges that four of the spaces loc
a
t
e
d
o
n
L
o
t
1
,
Block 1, along the south side of the existing st
r
u
c
t
u
r
e
o
n
t
h
e
property, all as depicted in Exhibit B, attached he
r
e
t
o
,
s
h
a
l
l
b
e
for the use of the retail facility to be built on Lot
2
,
B
l
o
c
k
1
,
a
s
depicted in said Exhibit B.
Prior to release by the City of the final plat for
t
h
e
p
r
o
p
e
r
t
y
,
Developer agrees to submit a cross parking agreement
i
n
f
a
v
o
r
o
f
L
o
t
2, Block 1, from Lot 1, Block 1, all as depicted
i
n
E
x
h
i
b
i
t
B
attached hereto, for said four parking spaces. Prior
t
o
r
e
l
e
a
s
e
o
f
any permit for grading or construction on the pro
p
e
r
t
y
,
D
e
v
e
l
o
p
e
r
agrees to file said cross parking agreement with He
n
n
e
p
i
n
C
o
u
n
t
y
a
n
d
to provide proof of filing to the City.
5. Prior to release by the City of the final plat fo
r
t
h
e
p
r
o
p
e
r
t
y
,
Developer shall submit to the City Engineer, and
r
e
c
e
i
v
e
t
h
e
C
i
t
y
Engineer's approval of plans for streets, sanitar
y
s
e
w
e
r
,
w
a
t
e
r
,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer sha
l
l
c
o
n
s
t
r
u
c
t
,
o
r
cause to be constructed, those improvements liste
d
a
b
o
v
e
i
n
s
a
i
d
plans, as approved by the City Engineer, in accorda
n
c
e
w
i
t
h
E
x
h
i
b
i
t
C, attached hereto.
6. Developer shall notify the City and the Watershed D
i
s
t
r
i
c
t
4
8
h
o
u
r
s
prior to any grading, tree removal, or tree cutting
o
n
t
h
e
p
r
o
p
e
r
t
y
.
7. Prior to issuance of any building permit upon
t
h
e
p
r
o
p
e
r
t
y
,
Developer agrees to submit to the Director of Pl
a
n
n
i
n
g
,
a
n
d
t
o
obtain the Director's approval of samples of exterio
r
m
a
t
e
r
i
a
l
s
f
o
r
the structure on the property. Said materials shal
l
b
e
c
o
m
p
a
t
i
b
l
e
with the exterior materials of the existing st
r
u
c
t
u
r
e
o
n
t
h
e
northern portion of the property.
Upon approval by the Director of Planning, Devel
o
p
e
r
a
g
r
e
e
s
t
o
implement, or cause to be implemented, those materia
l
s
a
s
a
p
p
r
o
v
e
d
by the Director of Planning, in accordance with
t
h
e
t
e
r
m
s
a
n
d
conditions of Exhibit C, attached hereto.
8. Concurrent with building construction on the prope
r
t
y
,
D
e
v
e
l
o
p
e
r
agrees to construct, or cause to be constructed, a
f
i
v
e
-
f
o
o
t
w
i
d
e
concrete sidewalk along the south side of Prairie Cen
t
e
r
D
r
i
v
e
f
r
o
m
Highway #169 to Joiner Way.
jeveloper agrees to construct said sidewalk in accor
d
a
n
c
e
w
i
t
h
t
h
e
terms and conditions of Exhibit C, attached hereto.
Marcus Development
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-20
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 62-88 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 62-88 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 7th day of February,
1989;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 62-88, which is
attached hereto, is approved, and the City Council finds that said
text clearly informs the public of the intent and effect of said
ordinance.
B. That said text shall be published once in the Eden Prairie News in a
body type no smaller than non-pareil, or six-point type, as defined
In Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall be made available for
inspection by any person during regular office hours at the office
of the City Clerk and a copy of the entire text of the Ordinance
shall be posted in the City Hall.
D. That Ordinance No. 62-88 shall be recorded in the ordinance book,
along with proof of publication required by paragraph B herein,
within 20 days after said publication.
ADOPTED by the City Council on February 7, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
Marcus Development
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 62-88
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
:
§.11TEKZ: This Ordinance allows rezoning of land located south of
Prairie Center Drive, east of Highway #169, west of Joiner
W
a
y
,
f
r
o
m
t
h
e
R
u
r
a
l
District to the Commercial Regional Service District, subje
c
t
t
o
t
h
e
t
e
r
m
s
a
n
d
conditions of a developer's agreement. Exhibit A, included w
i
t
h
t
h
i
s
O
r
d
i
n
a
n
c
e
,
gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane
/s/Gary D. Peterson City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the
day of , 1989.
(A full copy of the text of this Ordinance is available from t
h
e
C
i
t
y
C
l
e
r
k
.
)
f
MEMORANDUM
TO: Mayor and City Council
THROUGH: City Manager Carl J. Jullie
FROM: Assistant to the City Manager Craig W. Dawson
SUBJECT: Goodwill/Easter Seal Agreement
DATE: February 3, 1989
The City Attorney and staff have negotiated a proposed agreement
with Goodwill Industries, Inc./Easter Seal Society of Minnesota.
Goodwill/Easter Seal has signed this agreement and would provide
services for an attended drop-off center for recyclables
(including newsprint, glass, beverage cans, and textiles). A
semi-trailer would be placed on the Menards Center parking lot,
and the trailer would be staffed seven days per week. The
agreement would be renewable annually.
First-year costs would be approximately $38,000, with subsequent
years having costs of $20,000 - $25,000. The 1989 budget
allocates $40,000 for a recycling drop-off center. Material
collected at this center will count toward the City's source-
separation recycling objective.
Recommendation: It is recommended that the City Council
authorize execution of the proposed agreement with Goodwill
Industries, Inc./Easter Seal Society of Minnesota for services
and capital outlays for an attended drop-off center for
recyclables.
CWD:jdp
CITY/GOODWILL RECYCLABLE COLLECTION AGREEMENT
AGREEMENT made as of the day of
, 1989
by the City of Eden Prairie (hereinafter referred to as the
"City"), and Goodwill Industries, Inc./Easter Seal Society of
Minnesota (hereinafter referred to as the "Contractor").
1. AUTHORITY.
This agreement is entered into pursuant to Minn.
Stat. 412.221, Subdivisions 22 and 32.
2. INTENT.
It is the intent of the City and the Contractor to
jointly establish and operate an attended recycling center for
use by the residents of the City.
3. DEFINITIONS.
3.1 "Useable" shall mean material in a condition
that allows for reuse or remanufacture.
3.2 "Household Items" shall mean useable clothing,
books, small appliances, toys, furniture, and other materials as
mutually agreed upon by the City and Contractor.
3.3 "Recyclable Materials" shall mean newsprint,
unsorted glass, unsorted aluminum, and other materials as
mutually agreed upon by the City and the Contractor.
3.4 "City Resident" shall mean a person who
resides within the corporate boundary of Eden Prairie.
-1-
4. OBLIGATIONS OF THE CONTRACTOR.
4.1 The Contractor shall furnish personnel to
operate a recycling center ("facility") located at 12500 Plaza
Drive a minimum of 2096 hours per year for the purpose of
collecting all useable Household Items and Recyclable Materials.
The Contractor shall service the recycling center 362 days per
year. However, the Contractor retains the option to close the
recycling center a maximum of 20 days per year for inclement
weather conditions.
4.2 The Contractor shall accept all useable
Household Items and Recyclable Materials which City residents may
deliver to the recycling center and offer as donations. The
donated materials immediately become the property of the
Contractor and must be placed inside the trailers which are
provided for collection, or transported off-site.
4.3 The Contractor shall keep all equipment used
in the performance of this Agreement whether furnished by the
City or otherwise in a condition which is clean, sanitary, and
mechanically sound.
4.4 The Contractor shall maintain the recycling
center free of blowing trash and other debris.
4.5 The Contractor shall provide to the City all
receipts and other documentation necessary to process claims for
reimbursement from the following program:
-2-
a. Hennepin County Landfill Abatement
Funding Assistance program (the
"program");
The receipts and other documentation provided by the Contractor
shall, at a minimum, identify:
a. Who purchased or accepted delivery
of the collected material.
b. The date the collected material was
weighed, sold, or delivered; and
C. The weight and price received
for the collected material.
4.6 The Contractor shall comply with all guidelines,
regulations, and rules of Hennepin County to enable the City to
participate in the program.
4.7 The Contractor shall provide to the City
full access to all records related to the performance of this
Agreement. The Contractor shall retain all documentation related
to this Agreement for three years following the termination of
this Agreement. Such records shall be made available for audit
or inspection at any time upon request of the City or its
representatives.
4.8 The Contractor shall provide advertising and
public relations for the recycling center in order to promote its
use by City residents.
-3-
5. OBLIGATIONS OF THE CITY.
5.1 The City may assist the Contractor in publi-
cizing the recycling center by the periodic distribution of
recycling-related information. Such information may be distri-
buted via municipal newsletters, water bill enclosures, general
media news releases, and other mutually agreeable communication
methods.
5.2 The City shall reimburse the Contractor for
those expenses that are actually incurred in the operation of the
recycling center set forth in Attachment A hereto, but such
reimbursement shall not exceed $21,776.00. In addition, City
shall furnish to the Contractor during the term hereof the
equipment described in Attachment B hereto, limited however to a
maximum cost of $16,062.00. All such equipment shall be owned by
City. Operational expenditures in excess of $21,776.00 and
Capital expenses for equipment in excess of $16,062.00 shall be
incurred at the expense of the Contractor unless such additional
expenditures are specifically authorized in writing by the City.
5.3 In the event the Contractor shall provide
services under this Agreement and the same or substantially simi-
lar services to the City's residents as it shall provide under
this Agreement for a period of not less than three years, the
City shall transfer ownership of the Capital Equipment described
in Attachment B to the Contractor.
-4-
6. INSURANCE.
6.1 The following insurance shall be provided and
maintained during the term hereof by the Contractor:
a. Comprehensive general liability insurance
against liability imposed by law for
bodily injury, death, or property
damage in the sum of not less than
$1,600,000 for each individual
or occurrence.
b. Worker's compensation insurance and
employer's liability insurance as
required by law.
c. Vehicle liability and property damage
insurance, including coverage for
non-owned and hired vehicles, in
limits as for comprehensive general
liability coverage above.
6.2 The Contractor shall provide the City with
proof of the existence of the insurance required herein by
furnishing certificates of insurance issued by insurers duly
licensed to do business within the State of Minnesota in force on
the date of commencement of this Agreement period, and continuing
for a policy period of at least one year.
-5-
6.3 The City shall be named as an additional
insured in the above described policies of insurance. Each
policy shall provide that the coverage may not be terminated or
changed by the insurer except upon 30 days written notice to the
City. The policies shall contain an endorsement as follows:
"The policy to which this endorsement is attached is
intended to comply with and furnish the coverages
required by that certain Agreement by and between
the City of Eden Prairie and Goodwill Industries,
Inc./Easter Seal Society of Minnesota made as of
the day of
, 1989. If
anything in any other attachment, endorsement or
rider conflicts with the provisions of said
Agreement then the provisions of said Agreement
shall prevail."
6.4 No insurance policy obtained and provided by
the Contractor shall contain any exclusion from liability other
than those provided in the standard basic unamended and
unendorsed form of policy for the particular coverage provided,
except that no exclusion will be permitted in any event if it
conflicts with a coverage expressly required by this Agreement.
6.5 Compliance by the Contractor with the
foregoing requirements to provide insurance and furnish
certificates shall not relieve the Contractor from any liability
assumed under any provisions of this Agreement.
-6-
7. INDEMNIFICATION.
The Contractor shall take all precautions necessa
r
y
to protect the public against injury and shall def
e
n
d
,
i
n
d
e
m
n
i
f
y
and hold harmless the City, its officers, agents a
n
d
e
m
p
l
o
y
e
e
s
against liabilities, claims, damages, losses, lien
s
,
d
e
b
t
s
,
obligations, and expenses, including reasonable cos
t
s
,
a
t
t
o
r
n
e
y
s
'
fees, and other expenses incident thereto, suffered
o
r
i
n
c
u
r
r
e
d
by the City that may arise as a result of any act
o
r
o
m
i
s
s
i
o
n
o
f
the Contractor arising out of or in connection wi
t
h
w
o
r
k
performed pursuant to this Agreement by the Contr
a
c
t
o
r
,
i
t
s
employees or agents.
8. NON-DISCRIMINATORY PRACTICES.
Minnesota Statutes 181.59, which prohibits discri-
mination on account of race, creed or color in the
p
e
r
f
o
r
m
a
n
c
e
o
f
public contracts, is made a part of this Agreement
w
i
t
h
t
h
e
s
a
m
e
force and effect as if set out herein verbatim.
9. TERMINATION.
The City or the Contractor shall have the right to
terminate this Agreement upon 30 days written noti
c
e
b
y
e
i
t
h
e
r
party or in the event of breach thereof by the ot
h
e
r
p
a
r
t
y
.
I
n
any of such events City shall have no obligation t
o
r
e
i
m
b
u
r
s
e
Contractor for any expenses incurred by Contractor
a
f
t
e
r
t
h
e
termination has become effective. A continuing bre
a
c
h
s
h
a
l
l
n
o
t
-7-
c9,7)0
be deemed to be waived due to a failure to promptly
e
f
f
e
c
t
t
e
r
-
mination. This Agreement shall terminate, and neith
e
r
t
h
e
C
i
t
y
nor the Contractor shall be liable for futher perfor
m
a
n
c
e
a
f
t
e
r
such termination, if it shall become invalid by reas
o
n
o
f
a
n
y
present or future law or repeal thereof. The Contra
c
t
o
r
s
h
a
l
l
retain, maintain, and provide access to the City for
a
l
l
r
e
c
o
r
d
s
as required by Section 4.7 of this Agreement upon te
r
m
i
n
a
t
i
o
n
.
10. DURATION.
This Agreement shall take effect upon execution,
and shall continue in effect for a period of one year
t
h
e
r
e
a
f
t
e
r
.
EXECUTED as of the day and year first above written.
CITY OF EDEN PRAIRIE
GOODWILL INDUSTRIES, INC.!
EASTER SEAL SOCIETY OF MINNESOTA
By
By
and
By
Its Mayor
James A. Dreiling
President
Its Manager
-8-
;'?ol
ATTENDED DONATION CENTER
BUDGETED OPERATIONAL EXPENSES 1989
Attendant
(wages)
Additional
Attendant
(wages)
Management
Annual
Preventative
Maintenance
8 hours per day, 365 days per year,
2,920 hours x $5.42 per hour
including 14% fringe
8 hours per day Saturday and Sunday
for the months of May, June, July,
August and September. 400 hours x
$5.42 per hour including 14% fringe
Training, management, public
relations and recordkeeping
140 hours x $8.55 per hour
Trailer check and service of hoses,
brake system, lighting, lubrication
,
tire replacement/repair.
$15,826.00
2,168.00
1,197.00
Propane/Gas Gas for heater for eight months
of the year. 100 pounds at $25.00
per month (approximate)
200.00
400.00
Misc .
Informational signage
325.00 Forms, office equipment used on sit
e
100.00 Scaling (weighing - empty and full)
1,560.00 $5 a weight x 6 per week x 52
TOTAL
$21,776.00
ATTACHMENT A
a
ATTENDED DONATION CENTER
BUDGETED CAPITAL EXPENSES
TRAILER Used but still roadworthy
refrigerator units.
40' x 45' units with cooling
compressors removed. Painted
to specification and ready to
spot/roll. Tax and license
(2 each), lettering and/or
logos
2 for $10,600.00
STEPS
Five-tier steps contructed of
400.00 steel with railings - 42" high
HEATING
Alvena (r) 15,000 BTU heating
1,850.00 UNIT
systems installed. UL and
Fire Department approved - 2 each
CONTAINERS
* #20 Dura-Tainer with 3" casters
48" x 28" x 30" ID. 8 = $900.00
3,212.00 * #1 DT Jumbo Carts with 4" casters
60" x 36" x 60" ID. 10 = $2,114.00
TOTAL UNIT MATERIAL COST
$16,062.00
Note: These prices are good through 12/31/89. Purchase at
these prices must be made in 1989.
ATTACHMENT B
;c'D'
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-25
PROCLAIMING FEBRUARY AS COMMUNITY HEART MONTH
WHEREAS, diseases of the heart and blood vessels are
r
e
s
p
o
n
s
i
b
l
e
for more deaths than all other causes combined; and,
WHEREAS, these diseases cause widespread suffering,
a
n
d
o
f
t
e
n
create serious personal hardships in our homes and bu
s
i
n
e
s
s
e
s
;
a
n
d
,
WHEREAS, the American Heart Association and its affi
l
i
a
t
e
,
t
h
e
Eden Prairie Heart Group, battle against diseases
t
h
r
o
u
g
h
r
e
s
e
a
r
c
h
,
community programs, and education; and,
WHEREAS, the people of Eden Prairie can assist these c
o
m
m
e
n
d
a
b
l
e
efforts of the American Heart Association by con
t
r
i
b
u
t
i
n
g
t
o
,
o
r
volunteering with, the Eden Prairie Heart Group;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY CO
U
N
C
I
L
O
F
T
H
E
CITY OF EDEN PRAIRIE that February is herein procla
i
m
e
d
a
s
H
E
A
R
T
M
O
N
T
H
in Eden Prairie, Minnesota.
ADOPTED by the City Council on February 7, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
FROM:
Sandra F. Werts, Recreation Supervisor
DATE: February 1, 1989
SUBJECT: Request for Office Space at Senior Center for Senior Outreach
Program
Senior Community Services, which provides inhome counseling and case
managenent to elderly and their families in Eden Prairie through their Senior
Outreach Program, has requested office space at the Eden Prairie Community
Center. The City, through the Human Rights and Services Commission,
currently gives monetary support to this program. SCS has requested $1,220
for 1989.
Senior Community Services would like to have their staff person in Eden
Prairie three days a week on Monday, Tuesday and Thursday. They have
requested space for a desk, phone and file cabinet.
City staff has met with SCS staff and feel this would be a valuable service
to offer to the residents. Although, the Senior Outreach case load in 1988,
included only 18 long-term clients, and 50 short-term clients, the need for
this type of service will increase as the population begins its upward shift
in age.
Staff has also met with the Senior Center Board, and presented the information
at a Senior Center business meeting. The Seniors, with full understanding of
the services provided, endorse the idea with reservations. The Seniors are
very pleased with the new facility and the space available for programs, and
are hesitant to give up any of this space. The space currently being looked
at is a small library/conference room, which is used for small meetings, the
monthly blood pressure clinic, tax and energy assistance, small classes, a
work area and a small informal gathering place, plus it houses the library and
the Senior's file cabinet. The Seniors were also against having a "cubby"
carved out of their lounge.
During the discussion leading up to the Senior endorsing the idea, the Seniors
made it clear that they wanted access to the conference room/library on
Thursdays, and that they would be free to come in use the library and get into
files. SCS staff assured the Seniors that this could be. The person can
arrange her office hours to be out during the busy times. SCS is firm about
wanting Monday, Tuesday and Thursday for their office hours. Thursday is the
most inconvenient day at the Senior Center, followed by Monday and Tuesday.
Wednesday and Friday are more open.
Staff recommends providing office space at the Senior Center, as it would
enhance the services that can be provided to the community. The arrangement
would be evaluated at the end of the year to assure that it has been mutually
beneficial to both SCS and the City. Staff further recommends that the City
pay for the installation of the phone line, but that SCS cover the cost of the
monthly service and a file cabinet.
Attached is a copy of the Senior Outreach Program description and the Senior
Community Services request.
SFW:mdd
L.,)
SENIOR OUTREACH PROGRAM DESCRIPTION
Senior Outreach is the name of SCS's program which
p
r
o
v
i
d
e
s
in-home counseling and case management to frail el
d
e
r
l
y
a
n
d
their families in suburban Hennepin County. The p
r
o
g
r
a
m
started 11 Years ago in Mound and the surrounding f
a
r
western suburbs. It now covers the whole area of
s
u
b
u
r
b
a
n
Hennepin--the only SCS program to do so.
We assist seniors and their families in resolving
p
e
r
s
o
n
a
l
problems (grief, loss, depression) - that is, cou
n
s
e
l
i
n
g
-
and assist them in finding services that can help
t
h
e
m
remain independent as long as possible - which is
c
a
s
e
management.
For the purposes of the United Way, Senior Outrea
c
h
addresses the problems of Inability to Live Indep
e
n
d
e
n
t
l
y
,
Stress and Adjustment, and Adult Abuse and Negle
c
t
.
T
h
i
s
year, our counseling, case management, and outrea
c
h
p
r
o
g
r
a
m
received its third Exceptional rating from the Un
i
t
e
d
W
a
y
.
A Senior Outreach staff person visits clients in t
h
e
i
r
o
w
n
homes and helps them assess their situation. The
a
r
e
a
s
w
e
assess for need are:
Activities of Daily Living, Finances,
Housing, Nutrition, Transportation,
Health, and Socialization.
If we find that they need assistance in one or mor
e
a
r
e
a
s
,
we help them find the services they need. If they
n
e
e
d
counseling, we meet with them or arrange for one o
f
o
u
r
volunteer peer counselors to work with them.
Client referrals come from a wide variety of place
s
,
a
s
w
e
have a broad network of contacts in the community
.
W
e
g
e
t
calls from Senior Centers and Clubs, concerned frie
n
d
s
a
n
d
family members, Pre-Admission Screening, churches,
d
o
c
t
o
r
s
,
other social service agencies, doctors, lawyers, h
o
s
p
i
t
a
l
s
,
and the seniors themselves. Last year Senior Outr
e
a
c
h
worked with over 200 community organizations to
p
r
o
v
i
d
e
services to our clients.
Although Senior Outreach has been in existence ov
e
r
1
1
years, it is unique in a variety of ways:
1. We work with clients in their own homes.
2. We work with families of seniors as well as seni
o
r
s
themselves.
3. We do both counseling and case management.
4. We network with other aoencies instead of providing
direct in—home services ourselves---we are free to
assist the senior to fina the most appropriate service for the lowest cost.
5. We use volunteers extensively to supplement our
coverage and to monitor clients.
6. We work cooperatively with a mental health center
so that our staff and volunteers have access to a
psychologist and psychiatrist.
co(7
A uniled Way
AttiencY
'71;47174 Hit SENIOR COMMUNITY SERVICES
1001 Highway 7, Hopkins, Minnesota 55343 9
3
3
-
9
3
1
1
Nov. 23, 15;6E;
Dear Natal i e:
Because of a recent funding d
e
c
i
s
i
o
n
b
y
t
h
e
C
o
u
n
t
y
B
o
a
r
d
,
i
n
1989 SCS's Senior Outreach pro
g
r
a
m
w
i
l
l
be able to expand i ts services of counsel ing and
c
a
s
e
m
a
n
a
g
e
m
e
n
t
f
o
r
e
l
d
e
r
l
y
and their families in suburban
H
e
n
n
e
p
i
n
C
o
u
n
t
y
.
T
h
i
s
expansion allows us to desig
n
a
t
e
a
h
a
l
f
-
t
i
m
e
s
t
a
f
f
p
o
s
i
t
i
o
n
for the area covering Eden Pra
i
r
i
e
a
n
d
S
o
u
t
h
s
h
o
r
e
,
a
n
increase over existing service
s
.
Our current funding from the
C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
i
s
adequate for 1989, but we wou
l
d
l
i
k
e
t
o
r
e
q
u
e
s
t
o
f
f
i
c
e
s
p
a
c
e
for the. three days a week (proba
b
l
y
M
o
n
d
a
y
,
T
u
e
s
d
a
y
a
n
d
Thursday) that the half-time
s
t
a
f
f
p
e
r
s
o
n
w
o
u
l
d
b
e
a
s
s
i
g
n
e
d
.
Al though cl i ents are usually
s
e
e
n
i
n
t
h
e
i
r
o
w
n
h
o
m
e
s
,
s
t
a
f
f
need an off ice base from which
t
o
m
a
k
e
p
h
o
n
e
c
a
l
l
s
,
d
o
record keeping and store file
s
.
A
s
m
a
l
l
o
f
f
i
c
e
w
i
t
h
s
p
a
c
e
for a Ces:,., ts I ephone and file cabinet
t
Q
c
u
l
d
f
i
l
l
t
h
e
need very well. Senior Community
S
e
r
v
i
c
e
s
c
a
n
c
o
v
e
r
t
h
e
c
o
s
t
o
f
a teleDnone.
We hope that such space is av
a
i
l
a
b
l
e
i
n
E
d
e
n
P
r
a
i
r
i
e
.... PI acing Etatt in tne communi ty
w
o
u
i
a
in ase the V Dt -ruen rrair
additional
ce. o
pr e o Senior Ou_tteacn taff . Tha
n
k
y
o
u
f
o
r
c
o
n
s
i
d
e
r
i
n
g
t
h
i
s
daestion.
Sincerely,
Adel e Mehta
Program Admini strator
sibilitY
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU:
Bob Lambert, Director of Parks, Recreation & Natural Resources
FROM: Barbara Penning Cross, Landscape Architec
DATE: January 30, 1989
SUBJECT: Request Authorization to Advertise for Bids for 1st Phase
Improvements at Red Rock Lake Park and Carmel Park
Plans and specifications have been completed by the staff for the 1st phase of
improvements at Red Rock Lake Park and Carmel Park.
Facilities at Red Rock Lake Park will eventually include: a boat launch and
parking for 6 cars and trailers, a park shelter and parking for 14 cars, a
tennis court and play equipment.
Facilities at Carmel Park will eventually include: a small parking lot for 10
cars, tennis courts, a neighborhood softball field and walking trails.
Phase I improvements will be to grade each park to accommodate the proposed
facilities and to install a rock base for all roads, parking areas, tennis
courts and trails. Our City crews will seed and pave yet this year.
Both parks are in need of 1st phase improvements and are being lumped together
in one contract to receive a more favorable bid price.
Staff is requesting authorization to advertise for bids. Monies will come
from cash park fees.
BPC:mdd
c)crt:
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation & Natural Resources Commission
THUR: Carl Jullie, City Manger
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources
DATE: February 2, 1989
SUBJECT: Naming of Parks
PARK ON MITCHELL ROAD
In November of 1988, the City Council officially named the new park, located
on the south shore of Red Rock Lake, "Red Rock Lake Park" and authorized staff
to promote a "name the park contest" for renaming the existing Red Rock Park,
located on Mitchell Road.
The City sent out letters to all residents within the service area of Red Rock
Park explaining the reason for the name change and asked for new names.
Attached to this memo is a list of the names and the individuals that have
submitted the names.
The Parks, Recreation and Natural Resources Commission will review the names
submitted and recommend three names for consideration by the City Council.
The City Council will then pick the final name for the park.
OLD CITY HALL SITE PARK
In the early 1980's, the City acquired additional land around the "old city
hall site and designated that as a neighborhood park to serve that sector of
the community.
In 1987, the lower level of the old city hall was developed into the Senior
Citizen Center for the community. As the needs of the Senior Center grow, it
is anticipated that eventually that entire building would be devoted to Senior
programs and services.
Typically, a neighborhood park provides at least one softball field and
football/soccer field to accommodate active play space for neighborhood
children, as well as playground equipment, tennis courts and in some cases a
skating rink and warming house. The Cedar Ridge Elementary School will
provide ballfields, and is located several hundred feet to the west of this
park; therefore, City staff have a developed a concept plan that is more
passive in nature and designed to provide recreation for people that may use
the Senior Center, as well as for people within the neighborhood service area.
This neighborhood park will provide a permanent garden plot sitA., as well as
picnicking areas, tennis court and other court games, as well as a playground
area and a floral garden display area.
This park has been proposed for improvement within the upcoming referendum and
should be named, so there is a reference to the site other than the "Old City
Hall Site".
cY)
City staff have provided several names for consideration:
1. Gould Park - Aaron Gould was not only the original owner of that site, but
was the first Township Board Chairman in 1858. It is also the location of
the original Gould log school house that was used for Township Board
meetings.
2. Roger's Park - The property is adjacent to Harry Rogers farm, a long time
Eden Prairie resident, and Don Rogers was Eden Prairie's first mayor in
1962.
3. Pioneer Park - The park is located within the vicinity of Pioneer Trail.
As previously stated, Eden Prairie's pioneers used this site for their
first Township meetings. The "Pioneer Club" of Eden Prairie uses the
Senior Center as a meeting place.
PARK ON THE BLUFFS
The City is presently considering acquisition of over 200 acres of land in the
vicinity of the river bluffs and the hills located between Spring Road and
Eden Prairie Road. For purposes of reference, staff have referred to that
site as Bluff Park in some previous information relating to the bond
referendum. Staff would recommend the City consider giving the designated
park a name for future references throughout the bond referendum process.
The City has not determined the exact location of the park other than the
majority of the park will be very hilly, contains many cedar trees, will more
than likely straddle Riley Creek, and will more than likely have some property
on the Minnesota River bluffs.
The name for the park will also, no doubt, be the name of the golf course if,
and when, a golf course would be built on the site.
Although, the Council may wish to delay naming this park until the City has
determined what land will be acquired for park purposes, some names for
consideration are:
I. Cedarbrook
2. Cedar Bluff
3. Pine Bluff
4. River Bluff
4. Springbrook
6. High Prairie
Staff requests the Parks, Recreation and Natural Resources Commission to
review naming these three park areas and submit a recommendation to the Mayor
and City Council for their consideration, and requests the Mayor and Coucnil
to officially name these park sites.
81:mdd
ENTERIES FOR NAME THE PARK CONTEST - RED ROCK PARK
NAME ENTERED
Pheasant Woods Park
Sunset Park
Hiawatha Park
Seifert Park
Coachman's Area Park
Neighborhood Park
The Fun Park
Coachman's Landing Park
Play Park
The Kid's Park
Eden's Park
South Mitchell Park
McCoy Park
Village Woods Park
Central Park
Mitchell Road Park
Village Woods Park
Prairie Village Park
South 5 Park
Central Park
Lowland Park
Prairie Park
Sorrell Park
ENTERED BY
John Jakala
8427 Hiawatha Ave.
934-2608
Paulette & Dale Tomaschko
8370 Mitchell Road
937-2217
Tammy Larsen
14777 Village Woods Drive
937-8416
Virgil Seifert
8390 Hiawatha Ave.
937-2761
Megan Williamson
15386 Village Woods Drive
937-5029
Bonnie Hautamaki
8452 Monterey Cocurt
934-6491
Ron Van Riper
0:16395 Wagner Way
934-5400
John & Nancy Paumen
8604 Hiawatha Ave.
937-2972
James W. Griswold
8312 Cypress LAne
Mr. & Mrs. Harvey Browne
15426 Village Woods Drive
937-1540
Scott Anderson Family
8789 Sycamore Court
949-2410
Therese & Michael O'Connell
13930 Carmody Drive
934-6985
Deer Wood Heights Park
Red Rock Heights Park
Red Rock Field
McCoy Park
Old Farm Park
Seifert Park
Deer Creek Park
Coachman's Park
Old Farm Park
Wunder Park
Susan M. Byron
8517 Mitchell Road
937-1370
Brian & Mike McGraw
15640 Pioneer Trail
937-1891/937-1481
Nancy Ross
15109 Oak Drive
937-2655
Deer Creek Townhouse Association
(petition with 13 signatures)
A. E. Warner
8597 Coachman's Lane
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Bob Lambert, Director of Parks, Recreation & Natural Resources
FROM: Barbara Penning Cross, Landscape Architect4Dirl..,
DATE: February 1, 1989
SUBJECT: Request Authorization to Advertise for Bids for Improvements at
Staring Lake Park
Plans and specifications have been prepared for improvements at Staring Lake
Park that will include:
- construction of a new amphitheater and stage
- construction of a parking lot serving 200 additional cars
- relocating an existing softball field to better serve the park
- construction of a new plaza entry to the existing building
The City Council rejected all bids for this project last fall due to higher
than original cost estimates. Staff is requesting authorization to advertise
again for bids. Money has been appropriately budgeted and will come from cash
park fees.
BPC:mdd
I,L"';
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
FROM:
Bob Lambert, Director of Parks, Recreation & Natural Resources -1—
DATE: February 3, 1989
SUBJECT: Bids for Tiling Pool Deck and Locker Rooms
In the 1989 budget, the Council has authorized funds for tiling the pool deck
and locker rooms. The estimated cost for this project was $40,000.
On February 2, 1989, the City received bids from six companies for this
project. The base bid included tiling the pool deck, the locker room floors
and partial walls in the locker rooms that are subject to peeling paint due to
the amount of chlorinated water that gets splashed on those walls. Alternate
one deduct, all tiling within the locker rooms and limits the project to
merely tiling the pool deck.
The low bidder for the base bid is Land O'Lakes Tile at $34,108, while the low
bidder, if alternate 1 is used, becomes Grazzini Brothers at $29,470.
Grazzini Brothers added 13 "job conditions" to their contract, whereas the
contract called for using the City's exact bid form, therefore, staff would
recommend rejecting Grazzini's bid and using Land O'Lakes alternate 1 bid of
$29,580 as low bid.
The City has recently reviewed a relatively new carpet that is designed for
pool locker rooms and other wet floor areas. The University of Minnesota will
be using this carpet throughout their locker rooms in their new pool complex.
Staff believe it is preferable to use carpet in the locker room space where
feasible, and recommend using the carpet in lieu of tile flooring in the
locker rooms (the carpet is cheaper than tile).
Staff recommends the Council award this bid to Land O'Lakes with deduct
alternate No. 1 for a total bid of $29,580.
BID TABULATION:
Base Bid
Pink Company $40,586
Northwestern Tile $43,750
and Marble
Grazzine Brothers $35,620
Arrigoni Company $38,700
Land O'Lakes Tile $34,180
Engco General Contractors
Floorcovering Warehouse $42,258.64
Alternate No. 1
-$5,268
-$6,200
-$6,150
-$8,100
-$4,600
-$7,523
BL:mdd
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Bob Lambert, Director of Parks,
Stuart A. Fox, Manager of Parks
January 26, 1989
Bid Summary - Large Rotary Mower
Recreation & Natural Resources
and Natural Resources 51Prf.
BACKGROUND:
The Parks, Recreation and Natural Resources
s
t
a
f
f
p
r
o
p
o
s
e
d
$
4
5
,
0
0
0
f
o
r
t
h
e
purchase of a large capacity riding mower for t
h
e
1
9
8
9
m
a
i
n
t
e
n
a
n
c
e
s
e
a
s
o
n
.
This item was approved in the budget request
a
n
d
t
h
e
s
t
a
f
f
h
a
s
e
v
a
l
u
a
t
e
d
t
h
e
equipment available, written specifications and
r
e
c
e
i
v
e
d
b
i
d
s
.
The evaluation process involved the Park Mai
n
t
e
n
a
n
c
e
S
u
p
e
r
v
i
s
o
r
a
n
d
P
a
r
k
s
Foreman visiting with several manufacturers and
m
a
k
i
n
g
p
h
o
n
e
i
n
q
u
i
r
i
e
s
t
o
m
a
n
y
communities who now use this type of mower
.
T
h
e
s
t
a
f
f
r
e
a
c
h
e
d
a
c
o
n
s
e
n
s
u
s
that the specifications would be written with
t
h
e
i
n
t
e
n
t
o
f
d
e
s
c
r
i
b
i
n
g
a
T
o
r
o
Groundsmaster 580-D. The Toro 580-0 mower
w
a
s
t
h
e
s
p
e
c
i
f
i
e
d
m
a
c
h
i
n
e
f
o
r
t
h
e
following reasons:
1. Safety
- This machine meets ANSI (American N
a
t
i
o
n
a
l
S
a
f
e
t
y
I
n
s
t
i
t
u
t
e
)
speciflcations for both traction and cutting un
i
t
s
.
- Braking system uses disc brakes.
- Front mowing deck is in full view of operator.
- Side wings fold back and out of operators vi
e
w
f
o
r
e
x
c
e
l
l
e
n
t
v
i
s
i
b
i
l
i
t
y
when trimming or driving on roads between parks.
- Side wings when stored transfer weight for
b
e
t
t
e
r
t
r
a
c
t
i
o
n
.
- Side wings are attached with adjustable, spr
i
n
g
l
o
a
d
e
d
b
r
e
a
k
a
w
a
y
a
r
m
s
that rotate the wing cutting unit upon acciden
t
a
l
i
m
p
a
c
t
.
2. Performance
The Groundsmaster mows 14.5 acres per hour.
This is 20-30% greater production than other large mower units.
Mower is capable of trimming outside of traction
w
h
e
e
l
s
a
n
d
f
o
l
d
e
d
w
i
n
g
s
do not interfere when trimming with front mowin
g
d
e
c
k
.
Mower leaves only an 18" uncut circle on a 3
6
0
d
e
g
r
e
e
t
u
r
n
-
e
n
a
b
l
e
s
operator to maneuver around trees, posts, etc.
- Uses hydrostatic drive, which enables operator m
a
x
i
m
u
m
c
h
o
i
c
e
o
f
s
p
e
e
d
s
either mowing or transporting.
3. Operator Convenience/Maintenance
- All mowing decks are visible to operator, n
o
t
n
e
c
e
s
s
a
r
y
t
o
l
o
o
k
b
a
c
k
t
o
see side wings.
- Steering tower tilts to adjust to operator.
- Bypass valve to disconnect drive system for e
m
e
r
g
e
n
c
y
t
o
w
i
n
g
.
- Mower carries a two (2) year warranty.
As was stated earlier, the City solicited bi
d
s
f
o
r
a
l
a
r
g
e
c
a
p
a
c
i
t
y
r
o
t
a
r
y
mower based on specifications which were intend
e
d
t
o
d
e
s
c
r
i
b
e
t
h
e
T
o
r
o
5
8
0
-
0
.
The following is a summary of the bids that wer
e
r
e
c
e
i
v
e
d
o
n
J
a
n
u
a
r
y
2
4
,
1
9
8
9
.
All bids included a 5% bid security.
BIDDER
MOWER MAKE
Northstar
Jacobson HR-15
MacQueen Equip
Howard HP 180
MI! Distributing
Toro 580-D
Midwest Turf &
Toro 580-D
Irrigation
Reinders Turf Equip Toro 580-0
MEET SPECIFICATIONS
no
no
yes
yes
yes
BID AMOUNT
$34,698.00
$34,850.00
$44,316.00
$52,000.00
$54,850.00
RECOMMENDATION:
Since the two (2) lowest bidders did not meet t
h
e
w
r
i
t
t
e
n
s
p
e
c
i
f
i
c
a
t
i
o
n
s
i
n
a
number of areas, the staff would recommend tha
t
t
h
e
y
b
e
r
e
j
e
c
t
e
d
a
n
d
t
h
e
b
i
d
awarded to MI! Distributing for $44,316.00.
With this recommendation, the staff realizes th
a
t
t
h
e
y
a
r
e
r
e
c
o
m
m
e
n
d
i
n
g
a
b
i
d
that is $9,618 higher than the low bidder. The
s
t
a
f
f
f
e
e
l
s
t
h
a
t
t
h
e
s
a
f
e
t
y
,
performance and operator convenience/maintenan
c
e
f
e
a
t
u
r
e
s
o
f
t
h
e
T
o
r
o
5
8
0
-
0
make it the mower that best suits our park ma
i
n
t
e
n
a
n
c
e
n
e
e
d
s
.
H
o
w
e
v
e
r
,
i
f
t
h
e
Council is uncomfortable with this recommenda
t
i
o
n
t
h
e
s
t
a
f
f
w
o
u
l
d
a
d
v
i
s
e
t
h
a
t
all bids be rejected at this time and that th
e
C
i
t
y
r
e
-
b
i
d
i
n
A
p
r
i
l
.
T
h
e
b
i
d
process in April would include a field trial/dem
o
n
s
t
r
a
t
i
o
n
c
o
u
r
s
e
a
s
a
n
a
d
d
e
d
criteria of the bid process.
SAF:mdd
MEMORANDUM
TO:
Mayor and City Council
TN RU:
Carl Jullie, City Manager
FROM:
Bob Lambert, Director of Parks. Recreation & Natural Resource
DATE: January 25, 1989
SUBJECT: Change Order No. 2 (Revised) Watson Forsberg - Phase II Repairs to
the Eden Prairie Community Center
Attached is a copy of Change Order No. 2 request from Watson Forsberg Company
in the amount of $5,128.
Upon review of the Change order request, Council will note the Change Order
Includes six relatively minor changes that are required to accommodate
conditions of the building discovered during this repair project.
Attached to the Change Order request are all of the letters requesting various
changes and rationale for those requests. City staff and the Project Manager
for Setter, Leach and Lindstrom have reviewed these requests and recommend
approval.
BL:mdd
DATE/ "Ai V7 DATE
-CHANGE
ORDER
AlA DOCUMENT G701
DistriIv bon to •,
OWNER 0
ARCHITECT " 0
CONTRACTOR 0
FIELD 0
OTHER . 0
PROIECT. Phase II, Part. Repairs to
(name. address) Eden Prairie Community Ctr.
Eden Prairie, Minnesota
TO (Contractor):
r-
Watson-Forsberg Company
252 South Plaza Building
'Minneapolis, MN 55416
CHANGE ORDER NUMBER: 2 (Revised)
INITIATION DATE:
January 10, 1989
ARCHITECT'S PROJECT NO:
1848.002.06-1
CONTRACT FOR: General Construction
CONTRACT DATE:
August 10, 1988
Youan?directedtornakethefollowingchangesinthis Contract:
1. Provide the work required by Proposal Request No. 1.
ADD: $1,579.00
2. Provide the work required by Proposal Request No. 5.
ADD: 446.00
(Continued on Page 2) ATTACHMENTS:
Proposal Request No. 1.
Proposal Request No. 5.
Watson-Forsberg Co. letter dated January 4, 1989.
Watson-Forsberg Co. letter dated January 6, 1989.
Watson-Forsberg Co. letter dated December 5, 1988.
Watson-Forsberg Co. letter dated December 9, 1988.
Allan Mechanical, Inc. letter dated October 14, 1988.
S & V Painting, Inc. letter dated October 24, 1988.
Allan Mechanical, Inc. letter dated November 30, 1988.
Gunnar Electric Co., Inc. letter dated October 17, 1988.
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adiustment in the Contract Sum or Contract Time
The original (Contract Sum) (Cruarantevd -toiazirtrom'Cnst) was $ 410,000.00 Net change by previously authorized Change Orders $ 8,426.00 The (Contract Sum) (Gueiranyeed-hhorifoumErenti prior to this Change Order wa
s
$ 418,426.00 The (Contract Sum) 44;entiremiteed•Mtrixemirrrri-Gost) will be (increased) tdecreaset ( crnenartgrd) by this Change Order $ 5,128.00
The new (Contract Sum) (GthwaoteeeFFhirorrrnorriEin/t) including this Change Order will be S 423,554.00 The Contract Time will be Finereased) fdeereated) (unchanged) by
1 1 Days. The Date of Substantial Completion as of the date of this Change Order therefore is unchanged
Authorized: Setter, Leach & Lindstrom, Inc. Watson-Forsberg Company City of Eden Prairie
ANT E hicollet Mall cgeSg(iN Plaza Building °red Executive Drive Wi rg Alio, MN 5403 dress inneapolis, MN 55416 Ang Prairie, MN 55344-3677
BY
DATE
AIA DOCUMENT GM • CHANGE ORDER • APRIL 1978 EDITION •
A
I
A
.
•
0
1
9
7
8
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WAS
H
I
N
G
T
O
N
.
D
C
.
Z
.
0
0
0
6
G701-1978
• Change Order No. 2 (Revised)
Comm. No. 1848.002.06-1
Page 2
3. Provide the work described by Allan Mechanical, Inc. letter
dated October 14, 1988.
ADD: $1,650.00
4. Provide the work described by S & V Painting, Inc. letter
dated October 24, 1988.
ADD: 715.00
5. Provide the work described by Gunnar Electric Co., Inc.
letter, Item No. 1 only, dated October 17, 1988. (Photo cell
location is actually on west side of building above North
Stars entry.)
ADD: 204.00
6. Provide the work described by Watson-Forsberg Co. letter
dated December 9, 1988.
ADD: 534.00
TOTAL ADD: $5,128.00
Q19
PROPOSAL
REQUEST
A1A DOCUMENT G709
OWNER. . 0
ARCHITECT 0
CONTRACTOR 0
FIELD 0
OTHER
ARCH ITE
BY:
1611-6
ETTER,,LEACHA WIDSTRA INC.
PROJECT: Phase II, Part. Repairs to
(name, address) Eden Prairie Community Ctr.
Eden Prairie, Minnesota
OWNER: City of Eden Prairie
TO: (Contractor)
Watson-Forsberg Company
252 South Plaza Building
Minneapolis, MN 55416
PROPOSAL REQUEST NO: 1
DATE:
August 22, 1988
7 ARCHITECT'S PROJECT NO: 1848.002.06-1
CONTRACT FOR: General Construction
_I CONTRACT DATED:
August 10, 1988
Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental
t
o
p
r
o
p
o
s
e
d
m
o
d
i
f
i
c
a
-
tions to the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK
D
E
S
C
R
I
B
E
D
H
E
R
E
I
N
.
Description: (Written description a the Work)
DRAWING 8 - FRAME TYPES, DETAILS.
1. Refer to 1/8, at frame "B".
a. Change detail reference at louver head to "19/8, similar."
b. Add detail reference "1/R0001" at hollow metal head/louver sill (see attached
drawing).
2. Refer to 19/8.
Change note from "new hollow metal frame" to "new hollow metal frame or existing
louver to be relocated."
Attachments: tList attached documents that support description)
Drawing R0001 dated August 16, 1988.
RETURN A COPY OF THIS FORM ATTACHED
TO THE ITEMIZED QUOTATION
AIA DOCUMENT G769 • PROPOSAL REQUEST • APRIL 1970 EDITION • AIMED • 1970 • TH
E
n 20 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 2000
6
ONE PAGE
• PROPOSAL
REQUEST
AIA DOCUMENT G709
OWNER . 0
ARCHITECT .0
CONTRACTOR 0
FIELD 0
OTHER
PROJECT: Phase II, Part. Repairs -tor --
(name address) Eden Prairie Community Ctr.
Eden Prairie, Minnesota
OWNER:
City of Eden Prairie
TO: (Contractor)
F— Watson-Forsberg Company
252 South Plaza Building
Minneapolis, MN 55416
DATE: November 29, 1988
ARCHITECT'S PROJECT NO: 1848.002.064
CONTRACT FOR:
General Construction
J CONTRACT DATED:
August 10, 1988
Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed—modifica-
tions to the Contract Documents described herein.
THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN.
Description: MMmmdescrIptionofthisWoM
Drawing 2, Second Level - Mezzanine Level Floor Plans.
Refer to Plan 2, Second Level Floor Plan; at Room E201, modify existing guardrail and
relocate northernmost vertical support 6" (maximum) to the southwest. Patch existing
adjacent construction to remain. Paint entire guardrail to match existing.
Attachments: (list attached documents that support description)
•
None.
ARCHITECy S4T,TER1 LEACH & it IN_CUR0M,A1A.
BY:
RETURN A COPY OF THIS FORM ATTACHED
TO THE ITEMIZED QUOTATION
AEA DOCUMENT G709 • POOPOSAL REQUEST • APRIL 1970 EDITION • AIAPP • m1970 • THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
ONE PAGE
General Contractors WATSON-FORSBERG CO,
252 South Plaza Bldg • Minneapolis Mn 55416 • 612 -544 .7761
January 4, 1989
-Mr. Tom Olesak —
SETTER, LEACH & LINDSTROM, INC.
1001 Nicollet Mall
Minneapolis, MN 55403
. . .
RE: Phase II - Partial Repairs
EDEN PRAIRIE COMMUNITY CENTER
Dear Tom:
Per our phone conversation of January 4, 1989, I am returning your change order 02 unsigned due to the
f
a
c
t
t
h
a
t
o
u
r
contractors P & 0 were not included on parts of th
e
c
h
a
n
g
e
o
r
d
e
r
.
I have marked on the change order in red what ea
c
h
i
t
e
m
s
h
o
u
l
d
have been per our back-up submitted earlier.
Please re-issue revised change order as soon as
p
o
s
s
i
b
l
e
.
Yours very truly,
z
Charles F. McCarthy
CFM:kq
Enclosure
Q3-6-
General Contractors WATSON-FORSBERG CO.
252 South Plaza Bldg • Minneapolis AM 55416 .612.544.7761
January 6, 1989
Mr. Tom Olesak
SETTER, LEACH, & LINDSTROM. INC.
1001 Nicol let Mall
Minneapolis, MN, 55403
RE: Phase II Partial Repairs
EDEN PRAIRIE COMMUNITY CENTER
Dear Tom: -
In reference to pending change order #2 which was returned by us
unsigned, we are submitting the attached revised back-up.
For item #3, we are enclosing a copy of the letter from Allan
Mechanical dated Octbber 14, 1988 for the amount of $1,500.00.
Add Contractors P & 0 of 10% and this item should be $1,650.00.
For item #4, we are enclosing a copy of the letter from S & V
Painting dated October 24, 1988 for the amount of $650.00. Add
Contractors P & 0 of 10% and this item should be $715.00.
For item #5, we are enclosing a copy of the letter from Gunnar
Electric dated October 17, 1988. item #1 for the amount of
$185.00. Add Contractors P & 0 of 10% and this item should be
$204.00.
Please reissue change order 112 for our signature with revisions
as noted in this correspondence.
Yours very truly.
Charles F. McCarthy
CFM:kci
Enclosure
General Contractors WATSON-FORSBERG CO,
252 South Plazalclg • Minneapolis Mn 55416 .612.
5
4
4
1
m
,
December 5, 1988
Mr. Tom Olesak
SETTER, LEACH & LINDSTROM, INC.
1011 Nicollet Mall
Minneapolis. MN 55403
RE:
Phase II - Partial Repairs
EDEN PRAIRIE COMMUNITY CENTER
Dear Tom:
Regarding your Proposal Request N
o
.
5
r
e
g
a
r
d
i
n
g
t
h
e
c
u
t
t
i
n
g
,
removing and rewelding of existing ha
n
d
r
a
i
l
,
t
h
e
c
o
s
t
b
r
e
a
k
d
o
w
n
is as follows:
A. Cut existing railing and remove:
Equipment (scaffold & welder)
Labor (2 hrs. @ $28.75)
B. Reweld & grind railing:
Material & equipment
Labor (4 hrs. @ $213.75)
C. Patch all surfaces:
Material
Labor (2 hrs. @ $28.75)
D. Repaint railing:
75.00
57.50
25.00
115.00
25.00
57.50
50.00
10% OH&P 405.00
40.50
TOTAL COST:
$445.50
Please advise as to what action
t
o
t
a
k
e
r
e
g
a
r
d
i
n
g
t
h
i
s
item.
Yours very truly.
WATSON-FORSBERG CO.
Charles F. McCarthy
CFM:d
Qa4
General Contractors
WATSON-FORSBERG CO,
1433 Utica Avenue South • Suite 252 • Minneapolis, MN 55410
612-544.7761 FAX 612-544.1826
December 9. 1988
Mr. Tom Olesak
SETTER, LEACH & LINDSTROM, INC.
1011 Nicollet Mall
Minneapolis, MN 55403
RE: Phase II Partial Repairs
EDEN PRAIRIE COMMUNITY CENTER
Dear Tom:
Per our discussion at the jobsite regarding the removal of an
existing 3"x3"x1/4* steel angle presently fastened to the
structure above the existing balcony, but was not shown on the
original drawings, the angle must be moved to accommodate the
installation of the new brick facing at the location.
We would anticipate it taking one man two working days to
accomplish the work; cost as listed below:
Labor (16 hrs. @ $28.75)
460.00
Welder rent
25.00
485.00
10% OH&P
48.50
TOTAL ADDED COST: $533.50
Please advise as to what action to take regarding this item.
Yours very truly.
Charles F. McCarthy
CFM:d
14 October 1988
Watson Forsberg
252 South Plaza Building
Minneapolis, Minnesota 55416
Attention of Charlie McCarthy
SUBJECT: EDEN PRAIRIE COMMUNITY CENTER
Gentlemen:
When we relocated the existing 26" 0 boiler flue we noticed it
was in pretty bad shape, rusted through in several spots.
We would recommend replacing the stack with a new one. This is a
good time to do it because it would only be the cost of the
material which is $1,500.00.
If they desire to do this please let met know before we have to
reinstall the stack.
With regards,
ALLAN MECHANICAL, INC.
William C. Viebahn,
president
/gla
allan mechanical, inc.
6020 culligan way
mkmetonka, mn 55345 (612) 933-4022 aa
S &V PAINTING, INC.
2901 Fourth Street Southeaot
Mium.ropohe ,4inr:a3ota 55414
612 • 623-3019
0ctober 24, 1988
Charlie McCarthy
Watson-Forsberg Company
252 South Plaza Building
Minneapolls.;-Minnesota- 55416
RE: Eden Prairie Community Center
OCT 2 5 1988
Dear Charlie,
As per our telephone conversation, please revise the price or the painting
of the chimne y from $542.00
to SIX HUNDRED FIFTY DOLLAPS 650,00
This extra amount is due to the addition of one coat of paint, where Mike
had only quoted two coats. It is now called for three coats.
lease advise us if ycu wish us to proceed with this item, so we may do it
before the cold weather.
1f y ou h a ve an y questions. Please
Yours trul y ,
PLt
Phil Volb y
SP Paintin g , Inc.
PV: iv
contact me.
November 30, 1988
Watson Forsberg
252 South Plaza Building
Minneapolis, Minnesota 55416
ATTENTION OF CHARLIE MCCARTHY
SUBJECT: Eden Prairie Community Center
Dear Charlie:
DEC 11988
After talking with Tom Olesak of Setter Leac
h
,
I
a
m
o
f
f
e
r
i
n
g
the following explanation and breakdown of ou
r
c
o
s
t
s
f
o
r
t
h
e
louver details/North end as shown on the Sett
e
r
L
e
a
c
h
d
r
a
w
i
n
g
R001.
LABOR ITEM
MATERIAL HOURS
Two 11'0" - 3X3X1/4 angles with studs One 24'0" - 21/21(2 1;;Xk angles
Fifty square feet of 3" rigid insulation
Two 2'0" X 11'0" - 16 gauge panels
Miscellaneous material and cartage
Supervision
TOTAL
$ 91.00
8
36.00
14
63.00
4
34.00
3
75.00
2
$ 299.00 31
Labor - 31 hours X $42.10/hour
$1305.00 Material 299.00 Six percent sales tax 18.00 15% overhead and profit on material 48.00
$1670.00
Tom had roughly estimated the cost at $1200.
0
0
.
I
t
o
l
d
h
i
m
t
h
a
t
I would split the difference with him and kee
p
t
r
a
c
k
o
f
t
h
e
l
a
b
o
r
costs to try and save money.
The new figure will be:
$ 1670.00 - my estimate
less 1200.00 - Tom's estimate
$ 470.00 - to be split two ways/$235.00 ea
c
h
Your portion will be $1435.00.
--- Continued ---
allan mechanical, inc.
6020 culligan way
minnetonka, 0111 55345 (612) 933-4022
WATSON FORSBERG
November 30, 1988
Page Two
The mateiial will be billed at $365.00 and I will keep track of
our labor, but in any case we will not exceed $1435.00 in total
costs.
If you have any questions please do not hesitate to call on me.
Very sincerely yours,
ALLAN MECHANICAL, INC.
e
C. Vie ahn
President
WCV/bja
a Dal
GUNNAR ELECTRIC CO., INC.
7960 EDEN PRAIRIE ROAD
EDEN PRAIRIE, MINNESOTA 55347
Phone: 937-9263
October 17, 1988
Charlie McCarthy
Watson Forsberg Company
252 South Plaza Building
Minneapolis, Minn. 55416
Re: Eden Prairie Community Center
Charlie,
There are a couple of items that we took care of, at Eden Prairie
Community Center, that were not shown on the plans. It was necessary
to move these devices because of the new brickwork. The work is as
follows:
-ta eLA Extend duplex receptacles on the trash enclosure wall.
Remove and replace photo cell on roof, south side of
building.
Price $185.00.
Please include these items on a Change Order.
There are also several Wallpack Fixtures on the north wall that do
not work and one with a broken cover. Dan requested that I send you
a price to repair these.
Replace broken cover on Wall Pack.
LIVI-4 4.- Price $86.00 each.
Replace Wall Pack Fixture
1llte-4 7 Price $260.00 each.
The price to troubleshoot and repair the existing fixtures could be
nearly as much as replacing them, depending on which parts need
replacing.
Let me know if you want to do anything with these fixtures.
/14
Douglit NyscroM
Estimator
SLAclerely
DN/pk
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: January 31, 1989
SUBJECT: CEDAR RIDGE ESTATES
PROPOSAL: The Developers, US Homes, Inc., have requested City Council
approval of the final plat of Cedar Ridge Estates, a single family
residential subdivision located West of County Road 4 and North of
Pioneer Trail immediately East of the Cedar Ridge School site. The plat
contains 38.27 acres to be divided into 72 single family lots, two
outlots and right-of-way dedication for street purposes. Outlots A and
B contain 5.76 and 1.55 acres respectively. Ownership of Outlot A and a
portion of Outlot B will be conveyed to the City for conservation
purposes. The remainder of Outlot B will be platted into single family
lots in the future.
HISTORY: The preliminary plat was approved by the City Council on September
6, 1988 per Resolution No. 88-191.
Second reading of Ordinance 41-88-PUD-12-88, changing zoning from Rural
to R1-13.5, was finally read and approved at the City Council meeting
held October 4, 1988.
The Developer's Agreement referred to within this report was executed
October 4, 1988.
VARIANCES: All variances not granted through the Planned Unit Development
Review must be processed through the Board of Appeals.
UTILITIES AND STREETS: All municipal utilities, roadways and walkways will
be installed throughout the plat in conformance with City Standards and
the requirements of the Developer's Agreement.
As sta .,:ed in the Developer's Agreement, this property is subject to the
final report and findings of the Southwest Area Study. In that report,
it was suggested that developments within this area participate in an
area-wide assessment to provide funding for the extension of Dell Road
and Scenic Heights Road, both of which will be area collector streets.
1
PAGE 2 OF 2
CEDAR RIDGE ESTATES JANUARY 31, 1989
As described in Item 5 of the Developers Agreement, the Developer agrees
to execute a Special Assessment Agreement with the City to define
construction costs for a public trunk storm sewer system and trunk
watermain extension, both of which will benefit and service the property.
Additionally, the Developer's portion of the suggested area-wide
assessment for the extension of Dell and Scenic Heights Road will be
outlined in this agreement.
During utility construction of this project, sewer and water will be
extended to the east and west boundaries of this plat. Easements have
been shown to provide a corridor for these utility extensions between
Lots 3 and 4, Block 6 and Lots 4 and 5, Block 4, these easements should
be increased to 15 feet on either side of the common lot line.
PARK DEDICATION: Prior to release of the final plat, developer shall convey
to the City, by warranty deed, Outlots A and B.
To enable the future platting of lots in the northeast corner of the
property, the plat shall be revised to create an additional outlot,
(Outlot C) within Outlot B over the boundaries of these future lots.
BONDING: Bonding must conform to City Code and the Developer's Agreement.
RECOMMENDATION: Recommend approval of the final plat of Cedar Ridge Estates
subject to the requirements of this report, the Developer's Agreement
and the following:
1. Receipt of street sign fee of $2,086.00
2. Receipt of street lighting fee of $11,232.00
3. Receipt of engineering fee of $2,885.00
4. Execution of Special Assessment Agreement outlining Developer's
portion of costs for area-wide assessment for the extension of Dell
Road and Scenic Heights Road, trunk storm sewer and lateral benefit
from trunk watermain construction.
5. Revision of plat to create additional Outlot C in northeast corner
for future platting into lots in accordance with preliminary plat.
6. Receipt of warranty deeds for Outlots A and B.
7. Satisfaction of bonding requirements.
8. Revision of drainage and utility easements over Lots 3 and 4, Block
6, and Lots 4 and 5, Block 4 to a width of 15 feet either side of
common lot line.
JJ:ssa
cc: Lee Johnson, US Homes, Inc.
Ron Krueger & Associates
2
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY. MINNESOTA
RESOLUTION NO. 88-14
A RESOLUTION APPROVING FINAL PLAT OF
CEDAR RIDGE ESTATES
WHEREAS, the plat of CEDAR RIDGE ESTATES 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 CEDAR RIDGE ESTATES is approved upon
compliance with the recommendation of the City Engineer's report on
this plat dated JANUARY 31, 1989.
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 FEBRUARY 7, 1989.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Clerk
2 3,Z,
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: February 1, 1989
SUBJECT: JENKINS ADDITION
PROPOSAL: The Developer, John Jenkins, has requested City Council approval
of the final plat of Jenkins Addition. Located north of Research Road
and east of Mitchell Road, the plat contains 5.61 acres to be divided
into four single family lots and right-of-way dedication for street
purposes, This plat was previously approved as a final plat by the City
Council in April 1988 as a three-lot subdivision. The Developer has
since revised his request to include a fourth lot. This newly revised
plat was reviewed and approved by the Planning Commission at their
meeting held January 9, 1989.
HISTORY: The owner is requesting joint preliminary and final plat approval at
the February 7, 1989 City Council meeting.
The Developer's Agreement referred to within this report was executed
April 5, 1988.
Second reading of Ordinance No. 60-87, changing zoning from rural to R1-
13.5 on 5.61 acres, was finally read and approved by the City Council
April 5, 1988.
VARIANCES: All variance requests must be processed through the Board of
Appeals.
UTILITIES AND STREETS: An improvement contract for the upgrading of Research
Road and Mitchell Road is currently underway and sanitary sewer will be
provided from Research Road. Prior to release of the final plat the
Developer shall enter into a Special Assessment Agreement defining
Developer's portion of construction costs for improvement of Research
Road.
1
39
PAGE 2 OF 2
JENKINS ADDITION FEBRUARY 1, 1989
Access to the individual lots will be through a private drive along the
north property line. Prior to release of the final plat, a cross-access
agreement pertaining to use of the private drive must be submitted.
As described in item /3 of the Developer's Agreement, Developer shall
submit to the City Engineer, a scenic easement description over the
southern portion of the property for protection of trees and steep
slopes. Scenic easement shall be designated on the final plat as a
utility easement. Upon approval of the scenic easement description by
the City Engineer, Developer shall then execute and record said easement.
PARK DEDICATION: The requirements for park dedication are covered in the
Developer's Agreement.
BONDING: Bonding shall conform to City Code and the Developer's Agreement
requirements.
RECOMMENDATION: Recommend approval of the final plat of Jenkins Addition
subject to the requirements of this report, the Developer's agreement
and the following:
1. Receipt of street lighting fee of $1,024.00.
2. Receipt of engineering fee of $250.00.
3. Receipt of cross-access agreement for private drive.
4. Receipt of scenic easement and corresponding revision of plat to
show easement as drainage and utility easement.
5. Execution of special assessment agreement for Research Road.
JJ:ssa
cc: John Jenkins
Cardarelle & Associates
;.1 35
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-15
A RESOLUTION APPROVING PRELIMINARY AND
FINAL PLAT OF JENKINS ADDITION
WHEREAS, the plat of JENKINS 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 JENKINS ADDITION is approved upon compliance with the recommendation of the City Engineer's report on
this plat dated FEBRUARY 1, 1989.
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 FEBRUARY 7, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
3
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-16
RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL
AGREEMENT FOR THREE SIGNAL SYSTEMS
(TRUNK HIGHWAY 5 AT COUNTY ROAD 4; TRUNK HIGHWAY 5
AT WALLACE ROAD; AND COUNTY ROAD 4 AT WAGNER WAY)
INCLUDED IN STATE PROJECT 2701-25 (TRUNK HIGHWAY 5
FROM WALLACE ROAD TO COUNTY ROAD 4)
WHEREAS, the Minnesota Department of Transportation Traffic
C
o
n
t
r
o
l
S
i
g
n
a
l
Agreement No. 65616 has been prepared and presented to the Cit
y
.
WHEREAS, the City of Eden Prairie shall enter into said agreem
e
n
t
w
i
t
h
t
h
e
State of Minnesota, Department of Transportation for the followi
n
g
p
u
r
p
o
s
e
s
:
To remove the existing traffic control signal, install and
r
e
m
o
v
e
a
temporary traffic control signal and install a permanent traff
i
c
c
o
n
t
r
o
l
signal with street lights and signing on Trunk Highway No. 5
a
t
C
o
u
n
t
y
State Aid Highway No. 4 (Eden Prairie Road); remove the
e
x
i
s
t
i
n
g
temporary traffic control signal and install a permanent traffi
c
c
o
n
t
r
o
l
signal with street lights and signing on Trunk Highway No. 5 a
t
W
a
l
l
a
c
e
Road - Martin Drive; and install a new traffic control si
g
n
a
l
w
i
t
h
street lights and signing on County State Aid Highway No.
4 (Eden Prairie Road) at Wagner Way - Main Street in accordance with
t
h
e
t
e
r
m
s
and conditions set forth and contained in said Agreement No. 65
6
1
6
.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY
C
O
U
N
C
I
L
t
h
a
t
Agreement No. 65616 is hereby approved and that the Mayor and
C
i
t
y
M
a
n
a
g
e
r
are hereby authorized to execute said agreement.
ADOPTED by the Eden Prairie City Council on February 7, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 65616
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF HENNEPIN
AND
THE CITY OF EDEN PRAIRIE
TO
Remove the existing Traffic Control Signal, Install and Remove a
temporary Traffic Control and Install a permanent Traffic Control
Signal with Street Lights and Signing on Trunk Highway No. 5 at
County State Aid Highway No. 4 (Eden Prairie Road); Remove the
existing temporary Traffic Control Signal and Install a permanent
Traffic Control Signal with Street Lights and Signing on Trunk
Highway No. 5 at Wallace Road - Martin Drive; and Install a new
Traffic Control Signal with Street Lights and Signing on County
State Aid Highway No. 4 (Eden Prairie Road) at Wagner Way - Main
Street in Eden Prairie, Hennepin County, Minnesota.
S.P. 2701-25
S.A.P. 27-604-09
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED
County of Hennepin $87,136.22
City of Eden Prairie $19,077.28
None
Otherwise Covered
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State", the County of Hennepin, hereinafter
referred to as the "County", and the City of Eden Prairie,
hereinafter referred to as the "City", WITNESSETH:
WHEREAS, the State has determined that there is
justifiaction and it is in the public's best interest to remove
the existing traffic control signal, install and remove a
temporary traffic control signal and install a permanent traffic
control signal with street lights and signing on Trunk Highway
No. 5 at County State Aid Highway No. 4 (Eden Prairie Road);
remove the existing temporary traffic control signal and install
a permanent traffic control signal with street lights and signing
on Trunk Highway No. 5 at Wallace Road - Martin Drive; and
install a new traffic control signal with street lights and
signing on County State Aid Highway No. 4 (Eden Prairie Road) at
Wagner Way - Main Street; and
WHEREAS, it is considered in the public's best interest
for the State to provide three (3) new cabinets and control
equipment to operate said new and permanent traffic control
signals; and
WHEREAS, the County, City and State will participate in
the cost, maintenance and operation of the temporary traffic
control signal and the new and permanent traffic control signals
with street lights and signing as hereinafter set forth;
65616
-1-
3:19
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The State shall prepare the necessary plan,
specifications and proposal for the traffic control signals on
Trunk Highway No. 5 at County State Aid Highway No. 4 (Eden
Prairie Road) and at Wallace Road - Martin Drive. The County
shall prepare the necessary plan, specifications and proposal for
the traffic control signal on County State Aid Highway No. 4
(Eden Prairie Road) at Wagner Way - Main Street.
2. The State shall perform the engineering and
inspection required to complete the items of work hereinafter set
forth. Such work as described immediately above shall constitute
"Engineering and Inspection" and shall be so referred to
hereinafter.
3. The contract cost of the work or, if the work is
not contracted, the cost of all labor, materials, and equipment
rental required to complete the work, except the cost of
providing the power supply to the service poles or pads, shall
constitute the actual "Construction Cost" and shall be so
referred to hereinafter.
4. The State with its own forces and equipment or by
contract shall perform the traffic control signal work provided
for under State Project No. 2701-25 and State Aid Project No.
27-604-09 with the Construction Costs shared as follows:
a) Trunk Highway No. 5 at County State Aid
Highway No. 4 (Eden Prairie Road). Remove
65616
-2-
• Q'40
the existing traffic control signal and
install a temporary traffic control signal.
•
_Estimated Construction Cost is $35,000.00.
State's share is 100 percent.
b) Trunk Highway No. 5 at County State Aid
Highway No. 4 (Eden Prairie Road). System
"A". Remove the temporary traffic control
signal and install a permanent traffic
control signal with street lights. Estimated
Construction Cost is $93,000.00 which
includes State furnished materials. State's
share is 88.37 percent. County's share is
2.9075 percent. City's share is 8.7225
percent.
c) Trunk Highway No. 5 at Wallace Road - Martin
Drive. System "B". Remove the existing
temporary traffic control signal and install
a permanent traffic control signal with
street lights. Estimated Construction Cost
is $85,000.00 which includes State furnished
materials. State's share is 88.37 percent.
City's share is 11.63 percent.
d) County State Aid Highway No. 4 (Eden Prairie
Road) at Wagner Way - Main Street. System
"C". Install a new traffic control signal
65616
-3-
agl
with street lights and signing. Estimated
Construction Cost is $79,500.00 which
includes State furnished materials. County's
share is 100 percent.
5. The State shall install or cause the installation
of overhead signing and shall maintain said signing for the
permanent traffic control signals on Trunk Highway No. 5 at
County State Aid Highway No. 4 (Eden Prairie Road) and at Wallace
Road - Martin Drive, all at no cost to the County or City.
6. Upon execution of this agreement and a request in
writing by the State, the County and the City shall each advance
to the State an amount equal to their portion of the project
costs. The County's and City's total portion shall consist of
the sum of the following:
a) The County's and City's respective share (as
specified in Paragraph 4) based on the actual
bid prices and the estimated State furnished
materials costs.
b) Six (6) percent of each respective share
[Item (a) above] for the cost of Engineering
and Inspection.
7. Upon completion and final acceptance of the
project, the County's and City's final share shall consist of the
sum of the following:
65616
a) The County's and City's respective share (as
specified in Paragraph 4) based on the final
payment to the Contractor and the actual
State furnished materials costs.
b) Six (6) percent of each respective final
share [Item (a) above] for the cost of
Engineering and Inspection.
The, amount of the funds advanced by the County and
City in excess of the County's and City's final share will be
returned to the County and City without interest and the County
and City agrees to pay to the State that amount of its final
share which is in excess of the amount of the funds advanced by
the County and City.
8. Upon completion of the work contemplated in
Paragraph 4a hereof, it shall be the State's and/or State's
Contractors responsibility, at their cost and expense, to
maintain, keep in repair and operate said temporary traffic
control signal.
9. The City shall provide an adequate electrical
power supply to the service pads or poles, and upon completion of
said permanent traffic control signals with street lights
installations (System "A" and "B") shall provide necessary
electrical power for their operation at the cost and expense of
the City.
65616
-5--
10. Upon completion of the work contemplated in
Paragraph 4b and 4c (Systems "A" and "B") hereof, it shall be the
City's responsibility, at its cost and expense, to: (1) maintain
the luminaires; (2) relamp the permanent traffic control signals
and street lights; and (3) clean and paint the permanent traffic
control signals, cabinets and luminaire mast arm extensions. It
shall be the State's responsibility, at its cost and expense, to
perform all other permanent traffic control signal and street
light maintenance.
11. Upon completion of the work contemplated in
Paragraph 4d (System "C") hereof, it shall be the County's and/or
City's responsibility, at their cost and expense, to maintain,
keep in repair and be responsible for timing of the new traffic
control signal with street lights and signing. In addition the
County and/or City shall provide an adequate electrical power
supply to the service pad or pole, and upon completion of said
new traffic control signal with street lights installation shall
provide necessary electrical power for its operation at the cost
and expense of the County and/or City. The State shall not be
involved in any maintenance, operation or timing of this new
traffic control signal with street lights and signing.
12. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees of
the County or City and any and all claims that may or might arise
under the Worker's Compensation Act of this State on behalf of
65616
-6-
said employees while so engaged, and any and all claims made by
any fourth party as a consequence of any act or omission on the
part of said employees while so engaged on any of the work
contemplated herein shall not be the obligation and
responsibility of the County or City. The State shall not be
responsibile under the Worker's Compensation Act for any
employees of the County or City.
13. In the event the State advertises for bids for all
or a portion of the work in Paragraph 4 hereof, the State shall
submit to the Hennepin County Engineer a certified copy of the
low bid received and an abstract of all bids received by the
State, together with the State's request for concurrence by the
County in the award of a construction contract. Award of the
contract shall not be made until the County Engineer advises the
State in writing of its concurrence.
14. Final plans and specifications for construction of
the traffic control signal work provided in Paragraph 4 hereof
shall have County approval prior to award of construction
contract by the State. Said County approval shall be evidenced
by signature of the County Engineer in the designated space
therefor on the original plan.
15. The construction work provided for herein shall be
under the direction and supervision of the State. It is agreed,
however, that the County shall have the right to periodically
inspect the cost sharing construction work provided for in
65616
-7-
13
Paragraph 4 hereof. The State shall have the exclusiv
e
r
i
g
h
t
t
o
determine whether the work has been satisfactorily per
f
o
r
m
e
d
b
y
the State's Contractor.
16. The State shall insert in any contract with the
successful bidder clause requiring the successful bidde
r
t
o
h
o
l
d
the County and the City harmless and also clauses requi
r
i
n
g
t
h
e
successful bidder to provide and maintain insurance, a
l
l
a
s
follows:
a) The Contractor shall defend, indemnify and
save harmless the County and the City, their
officers, agents and employees from all
suits, actions and claims of any character
brought because of injuries or damages
received or sustained by an person, persons,
or property on account of the operations of
the said Contractor or any subcontractor or
their agents or employees, or on account of
or in consequence of any neglect in
safeguarding the work; or through use of
unacceptable materials in constructing the
work; or because of any act or omission,
neglect, or misconduct of said Contractor or
any subcontractor or their agents or
employees, or because of any claims arising
or amounts recovered from infringements of
65516
-8-
aLlo
65616
-9--
patent, trademark, or copyright; or because
of any claims arising or amounts recovered
under the Worker's Compensation Act; or under
any other law, ordinance, order to decree.
b) The Contractor shall purchase and maintain
such insurance for and in behalf of himself
and the County, as an additional assured, and
with a cross liability endorsement protecting
the County from claims or damages for
personal injuries, including accidental
death, as well as for claims for property
damage which may arise out of or result from
the Contractor's operations under the
contract, whether such operations be by the
Contractor or by any subcontractor or by
anyone directly employed by any of them, or
by anyone for whose acts any of them may be
liable. Said insurance shall protect against
claims as set forth below:
1. Worker's Compensation and Employer's
Liability Insurance
(A) Worker's Compensation insurance
shall be as required by law and
shall include all states or
universal endorsement.
65616
-10-
aq
(B) Employer's Liability insurance
shall be written for not less than
$100,000 each occurrence.
2. Comprehensive General and Automobile
Liability Insurance
(A) Minimum Limits:
Bodily and Personal Injury
$1,000,000 per occurrence
Property Damage
$1,000,000 per occurrence
(B) The following coverages must be
specifically insured and certified
with no internal sublimits.
Aggregate limits are acceptable for
property damage due to the products
hazard:
(1) Independent Contractors
Contigent Liability or Owners
Protective Liability
(2) Products Liability
(3) Contractual Liability
(4) "X,C,U" Hazard Liability
(5) Personal Injury Liability
including claims related to
employment
(6) Broad Form Property Damage
Liability, or deletion of the
"Care, Custody, and Control"
exclusion
(7) Owned, Hired and Non-Owned
Automobile Liability
(8) Waiver of Defense of Municipal
Liability immunity
(9) Aircraft Liability (If
Applicable)
(10) Watercraft Liability (If
Applicable)
(C) The contractual liability is to be
either on a blanket basis for all
written or oral contracts, or
specifically endorsed to
acknowledge this contract.
c) All certificates of insurance shall provide
that the insurance company shall give the
County thirty (30) days prior written notice
of cancellation, non-renewal of any material
changes in the policy.
d) The above subparagraph establish minimum
insurance requirements, z.nd it is in the sole
responsibility of the Contractor to purchase
65616
and maintain additional insurance that may be
necessary in connection with this contract.
e) The Contractor shall not commence work until
the Contractor has filed an acceptable
certificate of insurance with the County.
All insurance policies shall be open to
inspection by the County, and copies of
policies shall be submitted to the County
upon written request.
f) The County agrees to pay to the State the
total amount of the liability insurance
coverage premium costs, described herein,
incured by the State's Contractor for State
Project No. 2701-25 in procuring and
maintaining for the duration of the
Contractor's contractual obligation to said
State project. At such time, be it one or
more, as the said State's Contractor
furnishes the State with a certified
statement of the insurance premium costs the
Contractor has incurred on procuring the
aforesaid insurance coverage, the State will
invoice the County for the total amount of
the insurance premimum costs set forth in
said certified statement from the Contractor,
65616
-12-
•
and the County shall, upon receipt of said
invoice, promptly make payment thereof to the
State.
17. Timing of the temr.orary traffic control signal and
the permanent traffic control signals (System "A" and "B")
provided for herein shall be determined by the State, through
i
t
s
Commissioner of Transportation, and no changes shall be made
therein except with the approval of the State.
18. Upon execution by the County, the City and the
State and completion of the construction work provided for
herein, this agreement shall supersede and terminate Agreement
No. 56449 dated August 5, 1970, between the parties.
19. Upon execution by the County, the City and the
State and completion of the construction work provided for
herein, this agreement shall supersede and terminate the
maintenance and operation terms of Agreement No. 64088 dated
August 14, 1987, between the parties, for the intersection of
Trunk Highway No. 5 at Wallace Road - Martin Drive.
65616
-13--
COUNTY OF HENNEPIN
ATTEST:
By
Clerk of the County Board
Dated
Chairman of the County Board
Dated
RECOMMENDED FOR APPROVAL:
By By
Director, Department Associate County Administrator
of Transportation and County Engineer
Dated
Dated
(County Seal)
Upon proper execution, this APPROVED AS TO EXECUTION:
agreement will be legally
valid and binding.
By By
Assistant County Attorney Assistant County Attorney
Dated Dated
65616
-14-
APPROVED AS TO FORM:
CITY OF EDEN PRAIRIE
By City Attorney Mayor
(City Seal)
By
City Manager
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION
By
District Engineer
Operations Division
Assistant Commissioner
Date d
APPROVED AS TO FORM AND EXECUTION:
DEPARTMENT OF ADMINISTRATION
By Special Assistant Attorney
General-State of Minnesota Dated
65616
-15-
A51
-MEMORANDUM-
TO: Carl Jullie, City Manager
FROM: Alan D. Gray, City Engineer
1_, V
DATE: February 3, 1989
RE: Temporary Easement For Trunk Highway 169 Construction
Dated February 2, 1989
MnDOT has requested that the City of Eden Prairie grant a temporary
construction easement to accomodate the grading for Trunk Highway 169
expansion over a small segment of Outlot A within Tract B Registered
Land Survey No. 791. Outlot A is adjacent to and easterly of Trunk
Highway 169 in the vicinity of Purgatory Creek. The temporary
easement is over a strip of land within Outlot A adjacent to TH 169
approximately 20 feet in width and 140 feet in length.
Attached to this memo is a drawing showing location of the temporary
easement and a temporary easement document for City signatures.
MnDOT proposes to compensate the City of Eden Prairie in the amount
of $3,400.00 for the temporary easement.
ADG:ssa
Attachment
,
NESC it'r iMr. TRANSPORTATION
Proposed PM Itne 'and access taking. PAP.CE L LAYOUT
Gufifne and locaonn of all oulidoncs and trnorovements.
S.P. 2744 (160=5-31-1)
Parcel 414C
County of Hennepin
TEMPORARY EASEMENT
Date:
19
For and in consideration of t
h
e
s
u
m
o
f
T
h
r
e
e
T
h
o
u
s
a
n
d
F
o
u
r
H
u
n
d
r
e
d
a
n
d
80/100 Dollars ($3,400.00), City of Eden Prairie, a munic
i
p
a
l
corporation under the laws of
t
h
e
S
t
a
t
e
of Minnesota, Grantor, hereby grants to the State of Minnes
o
t
a
a
t
e
m
p
o
r
a
r
y
e
a
s
e
m
e
n
t
t
o
b
e
u
s
e
d
f
o
r
highway purposes on all that
p
a
r
t
o
f
t
h
e
f
o
l
l
o
w
i
n
g
d
e
s
c
r
i
b
e
d
p
r
o
p
e
r
t
y
in Hennepin County, Minnesota:
The right to use that part of
T
r
a
c
t
I
d
e
s
c
r
i
b
e
d
b
e
l
o
w
f
o
r
h
i
g
h
w
a
y
purposes, which right will cea
s
e
o
n
D
e
c
e
m
b
e
r
1, 1993, or on such earlier date upon which the Co
m
m
i
s
s
i
o
n
e
r
o
f
T
r
a
n
s
p
o
r
t
a
t
i
o
n
d
e
t
e
r
m
i
n
e
s
by formal order that it is no
l
o
n
g
e
r
n
e
e
d
e
d
f
o
r
h
i
g
h
w
a
y
p
u
r
p
o
s
e
s
:
Tract 1. That part of Outlot
A
e
m
b
r
a
c
e
d
w
i
t
h
i
n
T
r
a
c
t
8
,
R
e
g
i
s
t
e
r
e
d
Land Survey Number 791, Yorkshire Point, according to
t
h
e
plat thereof on file and of r
e
c
o
r
d
i
n
t
h
e
o
f
f
i
c
e
o
f
t
h
e
County Recorder in and for He
n
n
e
p
i
n
C
o
u
n
t
y
,
M
i
n
n
e
s
o
t
a
;
except that part thereof whic
h
l
i
e
s
s
o
u
t
h
e
a
s
t
e
r
l
y
o
f
a
l
i
n
e
run parallel with and distant
1
0
0
f
e
e
t
s
o
u
t
h
e
a
s
t
e
r
l
y
o
f
L
i
n
e
1 described below and northwe
s
t
e
r
l
y
o
f
L
i
n
e
2 described below:
Line 1. From a point on the easterly
e
x
t
e
n
s
i
o
n
o
f
t
h
e
s
o
u
t
h
l
i
n
e
o
f
Section 22, Township 116 North, Range 22 West, distant 0.05 feet east of the southeast cor
n
e
r
o
f
t
h
e
s
a
i
d
S
e
c
t
i
o
n
22, run northerly at an angle of
89 degrees 56 minutes 01 second from said easterly extension (
m
e
a
s
u
r
e
d
f
r
o
m
w
e
s
t
t
o
n
o
r
t
h
)
for 568.35 feet to the point of beginnin
g
o
f
L
i
n
e
1
t
o
b
e
described: thence run southerl
y
o
n
t
h
e
l
a
s
t
d
e
s
c
r
i
b
e
d
c
o
u
r
s
e
for 100 feet; thence deflect t
o
t
h
e
r
i
g
h
t
o
n
a
t
a
n
g
e
n
t
i
a
l
curve having a radius of 1432.39 feet and a delta angle of 41 degrees 57 minutes 14 seconds for 1048.85 feet: thence on tangent to said curve for 242.83 feet and there terminating;
Line 2. From a point on Line 1 described
a
b
o
v
e
,
d
i
s
t
a
n
t
1
0
0
northeasterly of its point of termination run
s
o
u
t
h
e
a
s
t
e
r
l
y
at right angles to said Line
1
f
o
r
1
0
0
feet to the point of beginning of Line 2 to be des
c
r
i
b
e
d
:
t
h
e
n
c
e
r
u
n
northeasterly to a point dist
a
n
t
175 feet southeasterly (measured at right angles) of a point on said Line 1, distant 270 feet northeasterly of its poi
n
t
o
f
t
e
r
m
i
n
a
t
i
o
n
:
thence run northwesterly to a
p
o
i
n
t
d
i
s
t
a
n
t
1
0
0
f
e
e
t
southeasterly (measured at ri
g
h
t
a
n
g
l
e
s
)
o
f
a
p
o
i
n
t
o
n
s
a
i
d
Line 1, distant 300 feet nort
h
e
a
s
t
e
r
l
y
o
f
i
t
s
p
o
i
n
t
o
f
termination and there termina
t
i
n
g
;
the title thereto being regis
t
e
r
e
d
a
s
e
v
i
d
e
n
c
e
d
b
y
Certificate of Title No. 605661;
which lies between two lines
r
u
n
p
a
r
a
l
l
e
l
w
i
t
h
a
n
d
d
i
s
t
a
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t
1
0
0
f
e
e
t
and 120 feet southeasterly of Line A d
e
s
c
r
i
b
e
d
b
e
l
o
w
:
From a point on Line 1 descri
b
e
d
a
b
o
v
e
,
d
i
s
t
a
n
t
1
0
0
f
e
e
t
northeastecly of its point of
t
e
r
m
i
n
a
t
i
o
n
:
r
u
n
s
o
u
t
h
w
e
s
t
e
r
l
y
on said Line 1 and its southwe
s
t
e
r
l
y
e
x
t
e
n
s
i
o
n
f
o
r
1
3
0
f
e
e
t
to the point of beginning of
L
i
n
e
A
t
o
b
e
d
e
s
c
r
i
b
e
d
:
t
h
e
n
c
e
continue southwesterly on the
s
o
u
t
h
w
e
s
t
e
r
l
y
e
x
t
e
n
s
i
o
n
o
f
said Line 1 for 200 feet and there terminating.
Line A.
Page 1 of 2
C:rantor is the owner of the above des
c
r
i
b
e
d
p
r
e
m
i
s
e
s
a
n
d
h
a
s
t
h
e
lawful right and authority to convey a
n
d
g
r
a
n
t
t
h
e
t
e
m
p
o
r
a
r
y
e
a
s
e
m
e
n
t
herein granted.
hod the said grantor, for itself, its s
u
c
c
e
s
s
o
r
s
a
n
d
a
s
s
i
g
n
s
,
d
o
e
s
=b IrirlY1T:sq:r S aggg g n NrIgOv43e;NigaTe:n go:Nergj, this temporary easement, or any claims for damages to the remaini
n
g
property of grantor caused by the use o
f
t
h
e
t
e
m
p
o
r
a
r
y
e
a
s
e
m
e
n
t
,
including grading and removal of mater
i
a
l
s
from said easement for highway purposes.
CITY OF EDEN PRAIRIE
By
Its Mayor
Its Clerk
STATE OF MINNESOTA
COUNTY OF MENNEP/N
The foregoing was acknowledged befor
e
m
e
t
h
i
s
day of , 19 , by and , the Mayor and Clerk of City of Eden Prairie, a municipal corporati
o
n
u
n
d
e
r
t
h
e
l
a
w
s
o
f
t
h
e
S
t
a
t
e
o
f
Minnesota, on behalf of the municipal
c
o
r
p
o
r
a
t
i
o
n
.
NOTARY PUBLIC
My Commission Expires:
This instrument was drafted
by the State of Minnesota
Department of Transportation,
R/W Legal Section,
St. Paul, Minnesota 55155 RW107A.09
And
) ss .
Page 2 of 2
D.Sc.
(
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-17
RESOLUTION AUTHORIZING PERMIT APPLICATION
METROPOLITAN WASTE CONTROL COMMISSION
WHEREAS, the proposed sanitary sewer to be constructed in Red Rock Ranch
(a.k.a. Boulder Ridge) requires a connection to the Metropolitan Waste
Control Commisssion (MWCC) interceptor system; and
WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive
Sewer Plan.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The City Engineer is hereby authorized and directed to submit an
application for "Permit for Connection to or Use of Commission
Facilities" to the Metropolitan Waste Control Commission.
ADOPTED by the Eden Prairie City Council on February 7, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-18
RESOLUTION APPROVING FINAL PLANS FOR
STATE PROJECT 2701-25 (TRUNK HIGHWAY 5 FROM
WALLACE ROAD TO COUNTY STATE AID HIGHWAY 4 AND
COUNTY STATE AID HIGHWAY 4 FROM TERREY PINE DRIVE
TO WESTGATE DRIVE)
WHEREAS, the Commissioner of Transportation for the State of Minnesota has
prepared plans, special provisions and specifications for the improvement of
Trunk Highway No. 121, renumbered as Trunk Highway No. 5, within the
corporate limits of the City of Eden Prairie, located on Trunk Highway 5 from
0.56 miles west to 0.89 miles east of County State Aid Highway 4 and on County State Aid Highway 4 from 616 feet south of Terrey Pine Drive to
Westgate Drive; and seeks the approval thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that said
plans and special provisions for the improvement of said Trunk Highway within
said corporate limits of the City, be and hereby are approved, as amended;
BE IT FURTHER RESOLVED that the City does hereby agree to prohibit the
parking of all vehicles on said Trunk Highway within the corporate limits of
said City.
ADOPTED by the Eden Prairie City Council on February 7, 1989.
Gary D. Peterson, Mayor
ATTEST
SEAL
John D. Frane, Clerk
TO: Mayor and Council
FROM: John Frane
DATE: February 2, 1989
RE: Housing Revenue Bonds for C.S.M./Fountain Place II
$9,965,000 - Resolution 89-23
This transaction was originally closed in December of 1985.
Phase I was closed in December of 1987 in the amount of
$20,900,000. Resolution 89-23 is included for your
consideration.
THE CITY OF EDEN PRAIRIE, MINNESOTA
MULTIFAMILY HOUSING REVENUE BOND RESOLUTION
A RESOLUTION AUTHORIZING THE ISSUANCE OF A MULTI-
FAMILY HOUSING REVENUE BOND OF THE CITY OF EDEN
PRAIRIE, MINNESOTA IN A PRINCIPAL AMOUNT EQUAL TO
NINE MILLION NINE HUNDRED SIXTY-FIVE THOUSAND
DOLLARS ($9,965,000) FOR THE PURPOSE OF REFUNDING A
PORTION OF ITS $12,600,000 MULTIFAMILY REFUNDING
REVENUE BONDS (FOUNTAIN PLACE APARTMENTS PROJECT--
PHASE II) SERIES 1988 FOR THE PURPOSE OF FINANCING
THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING
A MULTIFAMILY HOUSING DEVELOPMENT LOCATED WITHIN
THE CORPORATE BOUNDARIES OF THE CITY OF EDEN
PRAIRIE, AND TO PAY CERTAIN EXPENSES OF SUCH BOND
ISSUE, WHICH BOND AND THE INTEREST THEREON SHALL BE
PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE
LENDER LOAN AGREEMENT REFERRED TO BELOW; APPROVING
AND AUTHORIZING EXECUTION OF CERTAIN DOCUMENTS IN
CONNECTION WITH THE ISSUANCE OF THE BOND; MAKING
FINDINGS AND DETERMINATIONS WITH REFERENCE TO SAID
PROJECT AND BOND; AUTHORIZING THE SALE OF SAID
BOND; DETERMINING THAT SAID BOND SHALL NOT BE A
LIABILITY OF THE ISSUER; PROVIDING THAT THE
INVALIDITY OF ANY PART OF THIS RESOLUTION SHALL NOT
AFFECT THE REMAINDER; INCORPORATING WITH THIS
RESOLUTION THE PROVISIONS OF THE CONSTITUTION OF
THE STATE OF MINNESOTA, THE MINNESOTA STATUTES,
CHAPTER 462C, AS AMENDED, AND OTHER PROVISIONS OF
LAW; AND AUTHORIZING THE EXECUTION AND DELIVERY OF
RELATED DOCUMENTS.
WHEREAS, The City of Eden Prairie, Minnesota (the
"Issuer") proposes to issue its Multifamily Housing Revenue
Bond (Fountain Place Apartments Project--Phase II) Series
1989, in a principal amount equal to $9,965,000 (the "Bond"),
for the purpose of refunding a portion of the Issuer's
$12,600,000 Multifamily Refunding Revenue Bonds (Fountain
Place Apartments Project--Phase II) Series 1988 (the "1988
Refunding Bonds"). The 1988 Refunding Bonds were issued for
the purpose of refunding the remaining portion of its Multi-
family Housing Revenue Bonds (Fountain Place Apartments
Project) Series 1985 (the "1985 Bonds"). Proceeds of the
1985 Bonds in an amount equal to $2,635,000 will be used to
redeem a like principal amount of the 1988 Refunding Bonds.
The remaining proceeds of the 1985 Bonds in an amount equal
to $9,965,000 will be used to finance the costs of the
acquisition, construction and equipping of the multifamily
housing development located within the jurisdiction of the
City of Eden Prairie, Minnesota (the "Project"), all in
accordance with the provisions of the Constitution of the
State of Minnesota, the Minnesota Statutes, Chapter 462C, as
amended (the "Act"); and
52291
WHEREAS, the Act requires adoption of a program after a
public hearing has been held following publication of notice
in a newspaper of general circulation at least 15 days in
advance of the public hearing; and
WHEREAS, on November 19, 1935, in accordance with the
requirements of the Act and TEFRA, the Issuer held a public
hearing on the proposed adoption of a program which provided
for issuance of the 1985 Bonds (the "Program") following the
publication of notice duly published in a newspaper of
general circulation in the jurisdictional boundaries of the
Issuer, and at said meeting, all members of the public
desiring to express their views on said issuance were given
such an opportunity; and
WHEREAS, the Issuer, in connection with the issuance of
the 1985 Bonds, adopted a Housing Plan pursuant to and in
conformity with the Act following a public hearing thereon
after one publication of notice in a newspaper circulating
generally in the Issuer; and
WHEREAS, in connection with the issuance of the 1985
Bonds, the Issuer adopted the Program by the passage of
Resolution No. 85-267; and
WHEREAS, the Program was submitted to the Metropolitan
Council, and the Metropolitan Council was afforded an oppor-
tunity to present comments at the public hearing, all as
required by the Act; and
WHEREAS, the Program was submitted to the Minnesota
Housing Finance Agency (the "Agency"); and
WHEREAS, the Issuer finds and determines that in
furtherance of the purposes and pursuant to the provisions of
the Act, it is necessary and advisable and in the best inter-
est of the Issuer to proceed with the issuance of the Bond to
refund the 1988 Refunding Bonds and to apply the proceeds
thereof in accordance with the terms of the Lender Loan
Agreement; and
WHEREAS, the Bond is expected to be sold to Capital
Realty Investors Tax Exempt Fund III Limited Partnership (the
"Purchaser"); and
WHEREAS, there have been presented to this meeting the
following documents, which the Issuer proposes to enter into:
1. The form of the Loan Agreement dated as of
February 1, 1989 (the "Loan Agreement") among the
-2-
5229f
Issuer, the Purchaser and Fountain Place Apartments II
Limited Partnership (the "Developer");
2. The form of the Lender Loan Agreement dated as
of February 1, 1989 (the "Lender Agreement") between the
Issuer and the Purchaser, setting forth the terms of the
Bond (including, without limitation, the maturity date,
the rates of intercst and redemption provisions as set
forth therein) and the conditions and security for the
Bond;
3. The form of Escrow Agreement dated as of
February 1, 1989 (the "Escrow Agreement") among the
Issuer, the Developer, the Purchaser and CRICO Mortgage
Company, Inc., as Escrow Agent;
4. The form of the Bond; and
5. The form of the Amendment to Regulatory Agree-
ment dated as of February 1, 1989 among the Issuer, the
Purchaser, the Developer and First Trust National
Association, as trustee for the 1985 Bonds and the 1988
Refunding Bonds; and
WHEREAS, it appears that each of the instruments above
referred to, which are now before the Issuer, is in appropri-
ate form and is an appropriate instrument for the purposes
intended;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDEN PRAIRIE, MINNESOTA, AS FOLLOWS:
Section 1. That it is hereby ascertained, determined
and declared as follows:
A. The Project constitutes and will constitute a
"multifamily housing development" within the meaning of
the Act.
B. That the preservation of the quality of life
in the City of Eden Prairie, Minnesota is dependent upon
the maintenance, provision and preservation of an ade-
quate housing stock which is affordable to persons and
families of low or moderate income, that accomplishing
this is a public purpose and that many would-be pro-
viders of housing units in the City of Eden Prairie are
either unable to afford mortgage credit at present
market rates of interest or are unable to obtain mort-
gage credit because the mortgage credit market is
severely restricted.
-3-
52291
C. That it is in the best interest of the Issuer
that it issue the Bond to refund a portion of the 1988
Refunding Bonds, which were issued to refund a like
principal amount of the 1985 Bonds, and use the remain-
ing proceeds of the 1985 Bonds to make a mortgage loan
(the "Mortgage Loan") to the Developer pursuant to the
Program in order to provide affordable housing to per-
sons and families of low and moderate income.
section 2. That the Bond shall be issued in a principal
amount equal to $9,965,000 and shall mature, shall be subject
to redemption and shall be in substantially the form now
before this meeting, subject to appropriate insertion and
revision in order to comply with provisions of the Lender
Loan Agreement, and the form and content of the Bond now
before this meeting be, and the same hereby are, in all
respects authorized, approved and confirmed, and the Mayor
and the City Manager be, and they hereby are, authorized,
empowered and directed to execute, and attest to the execu-
tion of, whether by manual or facsimile signatures, and seal
with the official seal of the Issuer, the Bond, and the
provisions of the Lender Loan Agreement with respect to the
Bond be, and the same hereby are, authorized, approved and
confirmed and are incorporated herein by reference. The
Bonds shall bear interest at a rate not to exceed 16.00% per
annum as set forth in Section 2.03 of the Lender Loan
Agreement.
Section 3. That the form and content of the Loan Agree-
ment and the Escrow Agreement be, and the same hereby are, in
all respects authorized, approved and confirmed and the Mayor
and the City Manager be, and they hereby are, authorized,
empowered and directed to executed, attest to the execution
of, seal with the official seal of the Issuer and deliver the
Loan Agreement and the Escrow Agreement prior to the issuance
of the Bond for and on behalf of the Issuer, including neces-
sary counterparts in substantially the form and content now
before this meeting but with such changes, modifications,
additions or deletions therein as shall to them seem neces-
sary, desirable or appropriate, their execution thereof to
constitute conclusive evidence of their approval of any and
all changes, modifications, additions or deletions therein
from the form and content of the Loan Agreement or the Escrow
Agreement now before this meeting, and that, from and after
the execution, attestation, sealing and delivery of the Loan
Agreement and the Escrow Agreement, the Mayor and the City
Manager are hereby authorized, empowered and directed to do
all such acts and things and to execute all such documents as
may be necessary to carry out and comply with the provisions
of the Loan Agreement and the Escrow Agreement as executed.
-4-
5229f
$ection 4. That the form and content of the Lender Loan
Agreement and the assignment of the Issuer's interest in the
Loan Agreement be, and the same hereby are, in all respects
authorized, approved and confirmed, and the Mayor and the
City Manager be, and they hereby are, authorized, empowered
and directed to execute, attest to the execution of and seal
with the official seal of the Issuer the Lender Loan Agree-
ment, including necessary counterparts in substantially the
form and content now before this meeting but with such
changes, modifications, additions and deletions therein as
shall to them seem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of their
approval of any and all changes, modifications, additions or
deletions therein from the form and content of the Lender
Loan Agreement now before this meeting, and that, from and
after the execution, attestation, sealing and delivery of the
Lender Loan Agreement, the Mayor and the City Manager are
hereby authorized, empowered and directed to do all such acts
and things and to execute all such documents as may be neces-
sary to carry out and comply with the provisions of the
Lender Loan Agreement as executed.
Section 5. That the form and content of the Regulatory
Agreement be, and the same hereby are, in all respects
authorized, approved and confirmed, and the Mayor and the
City Manager be, and they hereby are, authorized, empowered
and directed to execute, attest to the execution of and seal
with the official seal of the Issuer the Regulatory Agree-
ment, including necessary counterparts in substantially the
form and content now before this meeting but with such
changes, modificItions, additions and deletions therein as
shall to them seem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of their
approval of any and all changes, modifications, additions or
deletions therein from the form and content of the Regulatory
Agreement now before this meeting, and that, from and after
the execution, attestation, sealing and delivery of the
Regulatory Agreement, the Mayor and the City Manager are
hereby authorized, empowered and directed to do all such acts
and things and to execute all such documents as may be neces-
sary to carry out and comply with the provisions of the
Regulatory Agreement as executed.
Section 6. That the Mayor and the City Manager of the
Issuer be, and they hereby are, authorized to execute and
deliver for and on behalf of the Issuer any and all addi-
tional agreements, certificates, documents, opinions or other
papers and perform all other acts (including, without limita-
tion, the filing of any financing statements or any other
documents to create and maintain a security interest in the
-5-
5229f
properties and revenues pledged under the Lender Loan Agree-
ment) as they may deem necessary or appropriate in order to
implement and carry out the intent and purposes of this
Resolution.
Section 7. That in the event of the inability or
unavailability of any official of the Issuer to perform any
duty assigned to such official by the terms of this Resolu-
tion, any officer or employee of the Issuer authorized to act
for such official is hereby authorized and directed to do so.
Section 8. THE BOND IS A LIMITED OBLIGATION OF THE ISSUER PAYABLE SOLELY FROM THE REVENUES OR FUNDS PLEDGED
THEREFOR UNDER THE LENDER LOAN AGREEMENT. THE BOND WILL NOT DB PAYABLE FROM ANY OF THE ISSUER'S OTHER REVENUES OR ASSETS. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF
THE ISSUER OR THE STATE OF MINNESOTA HAS BEEN PLEDGED TO THE
PAYMENT OF THE BOND. NEITHER THE STATE OF MINNESOTA NOR ANY
POLITICAL SUBDIVISION THEREOF SHALL IN ANY EVENT BE LIABLE
FOR THE PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY. OR
INTEREST ON THE BOND OR FOR THE PERFORMANCE OF ANY PLEDGE,
OBLIGATION OR AGREEMENT OF ANY KIND WHATSOEVER OF THE ISSUER AND NEITHER THE BOND NOR ANY OF THE ISSUER'S AGREEMENTS OR OBLIGATIONS SHALL BE CONSTRUED AS AN INDEBTEDNESS OF OR A PLEDGE QF THE FAITH AND CREDIT OF OR A LOAN OF THE CREDIT OF
ANY OF THE FOREGOING WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISIONS WHATSOEVER.
Section 9. That this Resolution does hereby incorporate
by reference as though fully set out herein the provisions of
the Act.
Section 10. No covenant, obligation or agreement herein
contained or contained in the Lender Loan Agreement, the
Regulatory Agreement, the Escrow Agreement or the Loan Agree-
ment or such other agreements, certificates, documents or
other papers executed in connection with the issuance of the
Bond shall be deemed to be a covenant, obligation or agree-
ment of any officer, member, agent or employee of the Issuer
in his individual capacity, and no such officer, member,
agent or employee of the Issuer shall be personally liable on
the Bond or be subject to personal liability or account-
ability by reason of the issuance thereof.
Section 11. That the provisions of this Resolution are
hereby declared to be separable, and if any section, phrase
or provision shall for any reason be declared to be invalid,
such declaration shall not affect the validity of the
remainder of the sections, phrases or provisions.
-6-
5229f
Adopted by the City Council of The City of Eden Prairie,
Minnesota on this day of February, 1989.
[SEAL]
Attest:
By
By Mayor
City Clerk
-7-
5229f
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-24
RESOLUTION URGING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO
REVISE POLICIES REGARDING FUNDING FOR DETACHED REPLACEMENT
FRONTAGE ROADS
WHEREAS, the City of Eden Prairie participated in and endorsed the 1-494
Corridor Study; and
WHEREAS, the 1-494 Corridor Study concluded that the 1-494 frontage roads
east of France Avenue will be lost to eventual expansion of the freeway; and
WHEREAS, the 1-494 Corridor Study concluded that an effective system of
supporting arterial roadways is necessary to serve short- and medium-length
trips within the corridor; and
WHEREAS, the 1-494 Corridor Study identified streets not immediately
adjacent to the freeway as roadways which would have to serve an arterial
traffic function; and
WHEREAS, use of these roadways would save costly and unnecessary right-of-
way acquisiton to provide redundant off-freeway supporting roadways; and
WHEREAS, existing policy of the Minnesota Department of Transportation does
not allow funding of detached replacement frontage roads; and
WHEREAS, the City of Eden Prairie is a member of the 1-494 Corridor
Commission; and
WHEREAS, the City of Eden Prairie is vitally concerned about such funding "
policies because they have significant traffic, fiscal, and land use effects on
cities along the corridor;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Eden Prairie
that the Minnesota Department of Transportation revise its present frontage road
funding policy to state that it will pay for detached replacement urban frontage
roads at the same funding level as if they were adjacent to a freeway.
ADOPTED by the Eden Prairie City Council this 7th day of February, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
'7
TO:
THRU:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Bob Lambert, Director of Parks, Recreation & Natural Resources
Stuart A. Fox, Manager of Parks and Natural Resources 4 kf=:
February 1, 1989
Resolution No. 89-12
Attached is a resolution authorizing the acquisition of a tax forfeited
parcel of property, PID f 08-116-22-23-0062. This matter was considered and
passed by the Council on December 13, 1988; however, there was not a
resolution attached to the staff report. To clear up this matter, so that
the County can convey title of the property to the City, the staff recommends
that the City Council authorize passage of Resolution No. 89-12.
SAF:mdd
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA 55344
RESOLUTION NO. 89-12
RESOLUTION AUTHORIZING THE ACQUISIT
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WHEREAS, the City of Eden Prairie
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NOW, THEREFORE, BE IT RESOLVED, the
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this parcel by the City of Eden Prairi
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ADOPTED, by the City Council of the C
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day of _ , 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, Clerk
SEAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-21
A RESOLUTION APPROVING THE PRP1ETECH TX
PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT
TO THE OVERALL CITY WEST CONVENTION CENTER PLANNED UNIT DEVELOPMENT
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for
the Planned Unit Development (PUD) of certain areas located within the City; and,
WHEREAS, the Primetech IX development is considered a proper amendment to
the overall City West Convention Center Planned Unit Development Concept; and,
WHEREAS, the City Planning Commission did conduct a public hearing on the
request of Primetech IX Limited Partnership for PUD Concept Amendment approval to
the overall City West Convention Center Planned Unit Development Concept for the
Primetech IX development and recommended approval of the PUD Concept Amendment to
the City Council; and,
WHEREAS, the City Council did consider the request on February 7, 1989;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Primetech IX development PUD Concept Amendment, being in
Hennepin County, Minnesota, and legally described as outlined in
Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval to
the overall City West Convention Center Planned Unit Development
Concept as outlined in the application materials for Primetech IX.
3. That the PUD Concept Amendment meets the recommendations of the
Planning Commission dated January 9, 1989.
ADOPTED by the City Council of Eden Prairie this 7th day of February, 1989.
Gary D. Peterson, May
ATTEST:
John D. Frane, City Clerk
STAFF REPORT
Planning Commission
Michael D. Franzen, Senior Planner
Chris Enger, Director of Planning
January 6, 1989
Primetech IX Office Building
City West Parkway and Shady Oak Road
Prime Land Company
1. Planned Unit Development District Review Amendment to the
1981 City West Planned Unit Development with a Code waiver
for building height from 30 feet to 64 feet.
2. Zoning District Change from C-Regional Service to Office on
5.5 acres.
TO:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT:
REQUEST:
Background
This site is currently zoned C-
Regional Service according to
specific plans approved by the City
Council for a seven-story, 228-room
hotel, convention facility, and
restaurant. The site is currently
guided for Office or Commercial
uses.
Site Plan
The site plan depicts the con-
struction of a 62,699 square foot,
four-story office building at a 0.26
Floor Area Ratio (FAR). City Code
permits up to a 0.5 FAR for multi-
story office buildings. Parking
required is based on a ratio of 4.9
spaces per 1,000 square feet of
Gross Floor Area (GFA), or a total
of 307 spaces. A total of 307
spaces are shown on the site plan. —
Access to this site is from City
West Parkway. Cross-access is
proposed on the eastern boundary of —
the site which would connect to the 1 ..
Afri'LA LOCATION MAP
"")
Primetech IX 2 January 6, 1989
Primetech Office Park. There will be one existing median cut to serve the project.
It is recommended that an additional cross-access be constructed where shown on
Attachment A. A cross-access and maintenance agreement must be submitted prior to
building permit issuance.
Setbacks to building and parking lot meet minimum City Code requirements for C-
Regional Service zoning.
Traffic
The approved hotel generates 160 trips in the p.m. peak hour. The proposed office
building would generate 25 less trips, or 135 trips in the p.m. peak hour.
Architecture
The proposed building will be constructed of facebrick and glass. Since this
project is part of Primetech Park, the building materials should utilize the same
brick and accent colors. Mechanical equipment located on the roof will be
constructed of meta) panel similar to what has been used to screen mechanical units
on office buildings in Primetech Park.
Grading
The site is low and a significant amount of fill must be imported to meet final
grades. Grading required for the project would be for berming to screen the parking
areas.
Landscaping
The proposed landscape plan meets City Code requirements. There are no existing
significant trees on-site. This site should utilize an irrigation system for
watering grass and landscaping. This site should be part of the Primetech Park
Homeowners Association for maintenance of the landscaping, sidewalks, parking,
driveways, and exterior materials.
Utilities
Sewer and water is available in City West Parkway. Storm water run-off is proposed
to drain into the existing ditch in Highway #169 right-of-way.
Lighting
Lighting proposed should be consistent with Primetech Park. This would be 30 foot
high, downcast cut-off luminars.
Signage
Signs proposed should be consistent with Primetech Park in terms of height, size,
lettering style, and design. Materials and colors should match the materials
proposed on the office building.
Sidewalks
There should be a sidewalk connection between this building and the sidewalk along
City West Parkway.
Primetech IX 3 January 6, 1989
PUD District Review/Height Waiver
The City West project was planned to be a mixture of land uses with varyin
g
h
e
i
g
h
t
s
and sizes of buildings. Waivers through the PUD have previously been g
r
a
n
t
e
d
f
o
r
the West Shady 9 building to the east and for the Signatures 4 and 5 bui
l
d
i
n
g
s
i
n
Primetech to the north. The Signature buildings in Primetech are 4 & 5 st
o
r
i
e
s
a
n
d
the West Shady 9 building is 4 stories in height. The granting of th
e
w
a
i
v
e
r
through the PUD would be consistent with other approved building heights.
STAFF RECOMMENDATIONS
The Planning Staff would recommend approval of the request for Zoning
D
i
s
t
r
i
c
t
Change from C-Regional Service to Office and PUD Amendment with a wa
i
v
e
r
f
o
r
building height based on plans dated December 9, 1988, subject
t
o
t
h
e
recommendations in the Staff Report, dated January 6, 1989, and subjec
t
t
o
t
h
e
following conditions:
1. Prior to Council review, proponent shall:
A. Modify the site plan to show a sidewalk connection between the
proposed building and the sidewalk along City West Parkway.
2. Prior to Building permit issuance, proponent shall:
A. Notify the City and Watershed District 48 hours in advance of
grading.
B. Pay the appropriate Cash Park Fee.
C. Provide samples of exterior building materials for review.
D. Provide sign plan with details and a lighting plan with details for
review.
E. Concurrent with site construction, construct a sidewalk connection
between the proposed building and the sidewalk on City West Parkway.
F. Submit Homeowners' Association and cross-access documents for
review.
EXISTING R&D BUILDING Oki VISITOR/ HANDICAPPED/ nEMPLO_YEE rPARKING DIRECTIONhyl SIGN \ - \ PROOF OF PARKING 26 TALLS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-22
A RESOLUTION APPROVING THE RED ROCK RANCH
PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT
TO THE OVERALL RED ROCK RANCH PLANNED UNIT DEVELOPMENT
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for
the Planned Unit Development (PhD) of certain areas located within the City; and,
WHEREAS, the Red Ruck Ranch development is considered a proper amendment to
the overall Red Rock Ranch Planned Unit Development Concept; and,
WHEREAS, the City Planning Commission did conduct a public hearing on the
request of Mason Homes for PUD Concept Amendment approval to the overall Red Rock
Ranch Planned Unit Development Concept for the Red Rock Ranch development and
recommended approval of the PUD Concept Amendment to the City Council; and,
WHEREAS, the City Council did consider the request on February 7, 1989;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Red Rock Ranch development PhD Concept Amendment, being in
Hennepin County, Minnesota, and legally described as outlined in
Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval to
the overall Red Rock Ranch Planned Unit Development Concept as
outlined in the application materials for Red Rock Ranch.
3. That the PUD Concept Amendment meets the recommendations of the
Planning Commission dated January 23, 1989.
ADOPTED by the City Council of Eden Prairie this 7th day of February, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
\&
AREA LOCATION MAP
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE OWNER:
REQUEST:
Planning Commission
Michael D. Franzen, Senior Planner
Chris Enger, Director of Planning
January 13,1989
Red Rock Ranch PUD Amendment
South of Red Rock Lake, west of Mitchell Road
Mason Homes
1. Planned Unit Development Amendment Review on 61 acres with
waivers for side and front yard setbacks.
Background
The Planning Commission reviewed the
Red Rock Ranch 150-acre Planned Unit
Development (PUD) in July of 1988.
It was subsequently approved by the
City Council in August with the 1st
phase for 61 units to be zoned R1-
13.5.
PUD Amendment Review
The developer, Mason Homes, is
requesting a PUD Amendment Review
and a waiver for sideyard setback
and frontyard setback. The sideyard
setback would be from 10 feet to 5
feet in the R1-13.5 zoning district.
Current City Code requires a minimum
of 10 feet on one side and 15 feet
on the other side. In addition, the
developer is requesting the front-
yard setback waiver from 30 to 20
feet. The developer is requesting
the waivers for flexibility in
locating houses on-site in an
attempt to minimize grading and
maximize the amount of trees to be
preserved.
The City has previously granted
sideyard setback waivers in the R1-
13.5 district to 5 feet provided
:1-?to
Red Rock Ranch PUD Amendment 2 January 13, 1989
that the adjacent yard was a minimum of 20 feet so that the combined setback minimum
between houses would be 25 feet. This was done in the Chatham Ridge project by
Centex homes along Purgatory Creek. The Staff does not have a problem with a
setback waiver to 5 feet provided 20 feet is maintained on the adjoining property
and if the developer can demonstrate that trees are being saved. The waiver should
not be used to build larger houses.
The frontyard setback waiver from 30 feet to 20 feet is excessive and is difficult
to justify for 31 lots. Granting a blanket waiver without specific house plans will
not guarantee that grading will be minimized or more trees will be saved. In the
Cardinal Ridge Addition, the City granted a 5-foot frontyard setback waiver to 25
feet to save more trees; however, the developer did not build at the required
setback and built larger houses farther down the slopes, resulting in more tree
loss.
Larger lots are required in tne shoreland areas as a way of preserving trees and
slopes. If the developer believes that the lots will require setback waivers, then
the lot size may be too small and the alternative would be to replat into larger
lots. This has recently occured on Welter's Purgatory Acres and Bluestem Hills
project.
STAFF RECOMMENDATIONS
The Planning Staff would recommend a 5-foot sideyard setback waiver provided a 20-
foot setback on the adjoining property is maintained and if the developer can
demonstrate that additional trees are being saved.
The Planning Staff would also recommend that the front yard setback waiver to 20
feet be denied.
Q -7-7
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY
AMENDING SECTION 11.03, SUBD. 6, ENTITLED "SITE PLANS" AND
AMENDING THE TITLE THEREOF AND REPEALING SUBD. 7, ENTITLED
"REVIEW", 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 11.03, Subd. 6 entitled,
"Site Plans," is amended, including the title thereof, as follows:
Subd. 6. Site Plan and Architectural Design Review.
A. Approval Required. No building permit shall be issued for
the construction of any building or structure situated or to be
constructed within any District, except the Rural District,
One-Family Residential Districts, and RM-6.5-Multi-Family
Residential Districts, unless it shall conform to a Site Plan and
Architectural Design as described in C. hereof, or an amendment
thereof, which has been approved by the Council not more than two
years prior to issuance of the building permit.
No building permit shall be issued for the construction of
an alteration or enlargement of a building or structure within
any District, except the Rural District, One-Family Residential
Districts and RM-6.5-Multi-Family Residential Districts, as
described in C.hereof, unless it shall conform to a Site Plan and
Architectural Design, or an amendment thereof, which has been
approved by the Council not more than two years prior to issuance
of the building permit.
B. Exceptions. The provisions of this subdivision shall not
apply to the issuance of a building permit for a building or
structure to be built or constructed on land in conformity with a
Site Plan approved prior to
, 1989, but not
more than two years prior to issuance of the building permit by
the City Council in connection with the rezoning or platting of
the land.
The Director of Planning may determine that an alteration
or enlargement of a building or structure is minor and does not
require conformance with an approved Site Plan and Architectural
Design or an amendment thereof, provided however, if the Director
shall not make such a determination an owner of the land on which
the building or structure intended to be altered or enlarged
is situated may request the Council to make such determination.
C. The terms "Site Plan and Architectural Design" as used in this
subdivision mean a plan produced in written, graphic and/or pic-
torial form prepared by a registered architect, landscape architect
or engineer which shall include the following: (1) a detailed
-2-
natural systems analysis which documents existing physical
features such as vegetation, soil types, slopes, hydrologic
systems, wildlife, and ecology, (2) proposed construction of all
site alterations including grading, drainage, utilities, and
storm sewer, (3) building locations, (4) landscaping and
screening, (5) lighting, (6) plans for all pylon, monument, and
building signs, (7) an architectural plan of the exterior of the
building or structure intended to be constructed, altered, or
enlarged situated on the site depicting the building elevation,
including its height from the surface of the ground in its
altered or finished condition; its width and depth; its location
in relation to the land on which it is situated, and its external
appearance such as materials, texture and color, and (8) such
other information as may reasonably be required by the City.
D. The owner of property for which approval of a Site Plan and
Architectural Design is required by this subdivision may apply
for Site Plan and Architectural Design review and approval by
filing an application with the Director of Planning on the form
provided by the Director of Planning and containing the infor-
mation required by such form accompanied by a Site Plan and
Architectural Design, together with such further information as
may reasonably be required by the Director of Planning.
E. A Site Plan and Architectural Design may be evaluated by the
Council according to its compliance with the following standards
and provisions:
-3- =co
1. Adherence to, and consistency with, the City's
policies and objectives as reflected in the
Comprehensive Guide Plan:
2. Adherence to, and consistency with, the City's
Code relating to zoning and the subdivision of
land.
3 The preservation and enhancement of the natural
and built environment as well as those modifications
already effected by development and construction
upon the land, including the minimization of:
tree loss, soil removal, wetland, floodplain,
lake and creek encroachment; and the maintenance
of the general natural topography or physical
grade of the land consistent with that of adjoining
properties.
4 Maintenance of open space to provide a desirable
environment both for occupants of the site and the
general public.
5. Transitions where there are differences in land
use, building mass, height, densities, and site
intensity, in proximity to that which is the
subject of the Site Plan and Architectural
Design. Transitions may be accomplished by
increased setbacks, berming, plantings, larger
lot sizes, lower densities, lower flood area
ratios, and smaller buildings.
6. Provision for safe and convenient vehicle and
pedestrian traffic, including interior drives and
parking arrangments which facilitate clear access
to public streets, appropriate widths for drives
and access points, and the separation of vehicular
and pedestrian traffic.
7. The minimization of negative impacts upon other
land uses of surface water run-off, noise,
glare, odors, vibrations, dust, loading areas,
parking areas, and refuse areas.
8. Compatibility of materials, textures, colors, and
other construction details with other structures
and uses in the vicinity.
9. Such other conditions and criteria as are reasonably
related to the health, safety and welfare of the
residents of the City and to preservation of the
environment.
-4-
F. The Site Plan and Architectural Design may not be acted upon
by the Council until it has received the recommendation of the
Planning Commission or until 60 days have elapsed from the date
it has been referred to the Planning Commission for its study and
report.
No approval shall be given until a public hearing has been
held thereon by the Council. A notice of the time, place and
purpose of the hearing shall be published in the official
newspaper of the City at least 10 days prior to the day of the
hearing. A notice shall be mailed at least 10 days before the
day of the hearing to each owner of property situated wholly or
partly within 350 feet of the property to which the requested
approval relates. For the purpose of giving mailed notice, any
appropriate records to determine the names and addresses of
owners may be used. A copy of the notice and list of the owners
and addresses to which the notice was sent shall be attested to
by the person giving the notice and shall be made a part of the
records of the proceeding. The failure to give mailed notice to
the property owners or defects in the notice shall not invalidate
the proceeding provided a bonafide attempt to comply with this
provision has been made.
Approval of the Council shall require a two-thirds vote of
all of the members of the Council.
-5-
OgO
Section 2. City Code Section 11.03, Subd. 7, entitled,
"Review" shall be and is repealed.
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.
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
1989, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the
day of , 1989.
ATTEST:
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the day of
, 1989.
-6-
FEBRUARY :.1989
48396 FEEDERS INC -EARNST MONEY FOR PURCHASE OF THE 100.00
PURGATORY CREEL RECREATION AREA
:.9797 CURTIS INDUSTRIES INC -r,EYSiCONNECTIONS/DRILL BITS/PAINT 288.26
STRIPPER-WATER DEPT
,d7.98 AMERICAN RED CROSS
SCHOOL-COMMUNITY CENTER 40.00
4879 9 BEER WHOLESALERS INC BEEP 4174.40
48400 CHANHASSEN DINNER THEATRE -DEPOSIT FOR DINNER THEATRE/FEES RAID- 100.00
SENIOR PROGRAMS
48401 DAY DISTRIBUTING CO
BEER 8658.15
48402 EAST SIDE BEVERAGE CO
BEER 13913.25
48407 HENNEPIN COUNTY TREASURER -LICENSES-ROUND 1.1:4E CONCESSIONiCOMMuNiTy 730.00
LENTER CONCESSION
KIRSCH DISTRIBUTING CO
BEER
LEAGUE OF MINNESOTA CITIES
CONFERENCE-COUNCIL
MARK VII DISTRIBUTING COMPANY
BEER
MIDWEST COCA COLA BOTTLING CO
MIX
PEPSI COLA COMPANY
MIX
BC BEVERAGE-TWIN CITIES MIX
SOUTH HENNEF1N HUMAN SERVICES COO CONFERENCE-HUMAN RESOURCES
THORPE DISTRIBUTING COMPANY BEER
TWIN CITY HOME JUICE MIX
CITY-COUNTY CREDIT UNION PAYROLL 1/6/89
CCMM1SSIONER OF REVENUE PAYROLL 1/6;89
CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION
VOID OUT CHECK
GREAT WEST LIFE ASSURANCE CC PAYROLL 1/6/89
GUARANTEE MUTUAL LIFE COMPANY JANUARY 89 LIFE INSURANCE PREMIUM
HENN CTY SUPPORT B. COLLECTION SER CHILD SUPPORT DEDUCTION
ICMA RETIREMENT CORPORATION PAYROLL 1/6/89
INTL UNION OF OPERATING ENS
JANUARY 09 UNION DUES
MEDCENTERS HEALTH PLAN INC
JANUARY 89 HEALTH INSURANCE PREMIUM
MUTUAL BENEFIT LIFE
JANUARY 89 LIFE INSURANCE PREMIUM
EXECUTIVE DIRECTOR-PEAR
FEBRUARY 89 LIFE INSURANCE PREMIUM
ExECUTIVE DIRECTOR-PERA
PAYROLL 12/30/88
EXECUTIVE DIRECTOR-PEAR PAYROLL 1/6/89
PHYSICIANS HEALTH PLAN JANUARY 89 HEALTH INSURANCE PREMIUM
AT&T CONSUMER PRODUCTS DIVISION SERVICE
ATV!' SERVICE
U S WEST COMMUNICATIONS SERVICE
RAPT 88 ALIVE MATURE DRIVING
DRIVING INSTRUCTOR/FEES PAID
SHERRY BOCK
REFUND-WINTER DAY CAMP
CITY OF EDINA
UTILITY BILLING DEPOSITED IN ERROR
MP DAN HUGHES -REIMBURSEMENT OF EXPENSES FOR FLOOD
PROTECTION
48435 PAM FRANDLE
REFUND-SKATING LESSONS
48436 JIM PERKINS
REFUND-SKI TRIP
48437 JULIE STEvENS
REFUND-WINTER DAY CAMP
40430 BARBARA WILKUS
REFUND-SWIMMING LESSONS
48479 SUBURBAN NATIONAL BANK
PAYROLL 116/89
40440 COMMISSIONER OF REVENUE
DECEMBER 88 SALES TAX
48441 AMERICAN WATER WORr.S ASSOC
BOOrS-wATER DEPT
43442 ESN CORP -BOW STRINGS/BALLS/TARGET FACES/MEASURING
-TAPE/RELAY BATONS/FOOTBALLS-AFTERNOON
PLAYGROUND
47 CONFERENCE TRAVEL CENTER
CONFERENCE-COUNCIL
12763687
48404
48405
48406
48407
48408
48409
48410
48411
48412
48413
48414
48415
48416
48417
48418
48419
"1 420
,21
48422
45423
48424
48425
48426
48427
48428
48429
48430
40471
48432
48437
48434
266.30
50.00
16660.16
1001.75
581.25
114.50
15.00
16227.55
214.14
1061.00
3479.72
252.00
0.00
2524.50
2356.68
194.76
639.50
897.00
12093.55
2299.81
99.00
12979.45
13351.08
19906.86
12.75
532.21
4751.30
119.00
12.00
15.17
5496.30
80.00
3.00
12.00
20.00
21940.66
32164.43
165.58
247.85
248.00
s(-1
FEBRUARY 7.1989
CONFERENCE-COUNCIL 220.00
ADVERTISING-LIQUOR STORES 1922.00
DECEMBER 88 FUEL TAX 363.60
SERVICE 831.75
REFUND-SKI TRIP 2.00
REFUND-A(311A AEROBICS CLASS 21.00
CONFERENCE-FIRE DEPT 115.00
REFUND-CROSS COUNTRY SKI LESSONS 12.00
REFUND-S}ATING LESSONS 33.67
REFUND-SKATING LESSONS 37.00
SERVICE 55.25
SERVICE 473.35
SERVICE 7888.70
CONFERENCE-ASSESSING DEPT 99.00
REFUND-SKI TRIP 7.50
-NOTARY COMMISSIONS-PLANNING DEPT/ 70.00
ENGINEERING DEPT
48460 RISI . PROTECTORS INC 89 LIABILITY INSURANCE-CITY HALL 420.00
48461 KATHY SCHUMACHER REFUND-SKATING LESSONS 37.00
48462 U S WEST CELLULAR INC SERVICE 170.15 4846: U S WEST COMMUNICATIONS SERVICE 461.35
48464 UNIVERSITY OF MINNESOTA CONFERENCE-PLANNING DEPT 24.00
48465 A TO Z RENTAL EXPENSES-CROSS COUNTRY SKIING 10.60
48466 MC DONALD'S EXPENSES-CROSS COUNTRY SKIING 4.71
48467 DESIGNS BY OSTERHAUS VENETIAN BLINDS-HUMAN f;CSOURCES 124.00
48468 EAGLE WINE CO WINE 5951.62 48469
GRIGGS COOPER & CO INC LIQUOR 13630.51
48470 JOHNSON EROS WHOLESALE LIQUOR LIQUOR 22438.99
-471 PAUSTIS & SONS CO WINE 469.54
72 ED PHILLIPS & SONS CO WINE 16029.16
48473 PRIOR WINE CO WINE 3641.74
48474 QUALITY WINE CO WINE 11777.80 48475 THE WINE COMPANY WINE 53.00
48476 AT&T CONSUMER PRODUCTS DIV SERVICE 144.35
48477 COLLEGE OF ST THOMAS CONFERENCE-ENGINEERING DEPT/BUILDING DEPT 1390.00
48478 NORTHERN STATES POWER CO SERVICE 2727.18
48479 APWA EDUCATION FOUNDATION CONFERENCE-STREET DEPT 195.00
48480 CRAGUN'S CONFERENCE CENTER CONFERENCE-POLICE DEPT 106.67 48481
LEAGUE OF MN CITIES CONFERENCE-ADMINISTRATION/COUNCIL 110.00
48482 STATE BICYCLE CONFERENCE '89 CONFERENCE-POLICE DEPT 65.00
48483 UNIVERSITY OF MINNESOTA CONFERENCE-PARKS DEPT 40.00
48484 UNIVERSITY OF MINNESOTA CONFERENCE-CITY EMPLOYEES 1500.00
48485 UNIVERSITY OF MINNESOTA CONFERENCE-ADMINISTRATION/ENGINEERING DEPT 24.00
48486 CITY-COUNTY CREDIT UNION PAYROLL 1/20/89 1256.00 48487 COMMISSIONER OF REVENUE PAYROLL 1/20/89 10726.29
48488 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 252.00 48489 GREAT WEST LIFE ASSURANCE CO PAYROLL 1/20/89 4066.00 48420 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 194.76 48491 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 527.55
48492
ICMA RETIREMENT CORPORATION PAYROLL 1/20/89 1170.92 4849: MEDCENTERS HEALTH PLAN INC FEBRUARY 89 HEALTH INSURANCE PREMIUM 11643.05 49494 MINNESOTA UC FUND 4TH QUARTER 88 UNEMPLOYMENT BENEFITS 3190.68
49425 EXECUTIVE DIRECTOR-PERA PAYROLL 1/20/8 9 26254.45 48496 PHYSICIANS HEALTH PLAN FEBRUARY 89 HEALTH INSURANCE PREMIUM 19720.18
'7 SUBURBAN NATIONAL sAv PAYROLL 1/20/8 9 53163.09
48444 NATIONAL LEAGUE OF CITIES
48445 MN SUBURBAN PUBLICATIONS
48446 COMMISSIONER OF REVENUE
447 AT&T
4448 SUSAN BAKER
4844 2 JOi CADILLor
48450 FIRE MARSHALL'S ASSN OF MN
48451 NANCY FURST
48452 SHELLE HILL
4845: GEOROANN IMMORDINO
48454 MINNESOTA VALLEY ELECTRIC CO-OP
48455 NORTHERN STATES FTWER CO
48456 NORTHERN STATES POWER CO
48457 PADGETT THOMPSON
48455 TERRY RISSER
48459 MINNESOTA COMMERCE DEPT
536316
FEBRUARY 7,1989
48498 AT&T
48499 BIRTCHER WELSH
"8500 NORTHERN STATES POWER CO
531 NORTHERN STATES POWER CO
48502 PETTY CASH
48503 U S WEST CELLULAR INC
48504 U S WEST COMMUNICATIONS
48505 ELK RIVER CONCRETE PRODUCTS
48506 FIAM
48507 JASON-NORTHCO PROP LP#1
48508 ROSE LEAPALDT
48509 DANIEL NIMTZ
48510 U S WEST COMMUNICATIONS
48511 MN RECREATION t PARK ASSOCIATION
48512 MN SUBURBAN PUBLICATIONS
48513 T N T INPRINTED APPAREL
48514 EAGLE WINE CO
48515 GRIGGS COOPER & CO INC
48516 JOHNSON BROS WHOLESALE LIOUOR
48517 PAUSTIS & SONS CO
48518 ED PHILLIPS & SONS CO
48519 PRIOR WINE CO
48520 QUALITY WINE CO
48521 ACRO-MINNESOTA INC
48522 ACT 90 INC
48523 AIRSIGNAL INC
48524 ALEXANDER BATTERY NORTH
48525 ORRIN ALT
'526 AMERICAN APPRAISAL ASSOCIATES INC
527 AMERICAN COMPENSATION ASSOCIATION
48528 AMERICAN LINEN SUPPLY CO
48529 AMERICAN RED CROSS
48530 AMERICAN SOCIETY FOR INDUSTRIAL S
48521 AMERICAN WATER WORKS ASSOCIATION
48532 EARL F ANDERSEN & ASSOC INC
48533 ANDERSON'S GARDEN
48534 ANDERSON INCENTIVES INC
485:5 ANSAFONE OF MN INC.
48536 AQUA ENGINEERING INC
48537 ARMOR SECURITY INC
48538 ASFLUND COFFE CO INC
48539 ASSN OF MN EMERGENCY MANAGERS
48540 ASTLEFORD INTL INC
48541 AWARDS INC
48542 B R W INC
4E543 BAN FOE SYSTEMS INC
48544 BARTLEY SALES CO INC
45 BATTERY t TIRE WAREHOUSE INC
SERVICE
FEBRUARY 89 RENT-CITY HALL
SERVICE
SERVICE
CHANGE FUND-VARIETY SHOW
SERVICE
SERVICE
CULVERT-DRAINAGE CONTROL
CONFERENCE-FIRE DEPT
FEBRUARY 89 RENT-LIQUOR STORE
REFUND-SKI TRIP
REFUND-SKI TRIP
SERVICE
TEAM REGISTRATIONS-ORGANIZED ATHLETICS
ADVERTISING-LIQUOR STORES
144 T SHIRTS-PRO SHOP-COMMUNITY CENTER
WINE
LIQUOR
WINE
WINE
WINE
WINE
WINE
OFFICE SUPPLIES- CITY HALL
REFUND-BUILDING PERMIT
PAGER SERVICE-POLICE DEPT
BATTERIES-POLICE DEPT
SLIDE FILM/BOLBS-POLICE DEPT
SUBSCRIPTION-ASSESSING DEPT
DUES-HUMAN RESOURCES
-AIR FRESHENER SERVICE-CITY HALL/UNIFORMS-
-STREET DEPT/SEWER DEPT/PARK MAINTENANCE/
COMMUNITY CENTER/TOWELS-LIQUOR STORE
BOOKS-POOL LESSONS
SUBSCRIPTION-POLICE DEPT
BOOKS-WATER DEPT
SIGNS-STREET DEPT
EXPENSES-FIRE DEPT
TEAM JACKETS-ORGANIZED ATHLETICS
SERVICE
-LAWN SPRINKLER INSTALLATION-ROUND LAKE
PARK
-1ST QUARTER 89 MAINTENANCE AGREEMENT-
-OUTDOOR CENTER" INSTALLATION OF 2 LOCKS-
PARK MAINTENANCE
CONCESSION STAND SUPPLIES-COMMUNITY CENTER
DUES-POLICE DEPT
POWER STEERING PUMPiFILTER-EDUIPMENT MAINT
AWARDS-COUNCIL
-SERVICE-TRAFFIC STUDY/TRAFFIC SIGNALS IN
MAJOR CENTER AREA
-PAYROLL TIME CLOCK/TINE CARDS/RACKS-
COMMUNITY CENTER
COAT HANGERS-FIRE DEPT
-BATTERIES/BRAFE FLUID/WINDSHIELD WIPERS/
-HEADLIGHTSYWINDSHIELD WASHER FLUID-
96.25
17728.49
12257.96
9501.78
50.00
140.29
398.75
28.38
100.00
6050.29
25.00
4.50
89.91
1100.00
136.80
730.00
323.65
517,3.84
3861.75
129.17
3790.62
242.23
2578.14
503.74
79.00
82.00
94,56
26.14
84.00
95.00
991.95
33.00
75.00
26.25
847.15
20.00
50.00
81.00
14871.00
361.90
171.00
20.00
340.02
127.50
5610.47
1410.50
66.00
929.61
9145459
POLICE BUILDING
1549 BLACKS PHOTOGRAPHY -FILM/FILM PROCESSING-POLICE DEPT/PLANNING
DEPT/RECREATION DEPT
48550 CITY OF BLOOMINGTON DECEMBER 88 ANIMAL IMPOUND SERVICE
48551 LOIS BOETTCHER -MINUTES-PARKS RECREATION & NATURAL
RESOURCES COMMISSION
48552 BOYUM EQUIPMENT INC PLOW FOR 4 WHEEL DRIVE TRACTOR-PARK MAINT
485511 LEE BRANDT HOCKEY OFFICIAL/FEES PAID
48554 BRYAN ROCK PRODUCTS INC GRAVEL-SNOW & ICE CONTROL
48555 BRAUN END TESTING INC -SERVICE-FRANLO RD/RESEARCH/MITCHELL RD
IMPROVEMENTS
48556 JAMES BUCK BROOMBALL OFFICIAL/FEES PAID
48557 NATE BUCK VOLLEYBALL OFFICIAL/FEES PAID
48558 BURNSVILLE HEATING REFUND-MECHANICAL PERMIT
48559 FRANCIE BUTORAC EXPENSES-POLICE DEPT
48560 CARLSON & CARLSON ASSOC EMPLOYEE ASSISTANCE-HUMAN RESOURCES
48561 KEROS CARTWRIGHT SERVICE-FLYING CLOUD LANDFILL
48562 CHUCK'S BAGS UNLIMITED FIRST AID EQUIPMENT-FIRE DEPT
48563 CITY OF CHANHASSEN -1988 MEMBERSHIP DUES-SOUTHWEST COALITION
OF COMMUNITIES
48564 CLEVELAND COTTON PRODUCTS PAPER TOWELS-WATER DEPT
48565 CLUTCH & TRANSMISSION SER INC HEAD GASKET KIT-FIRE DEPT
48566 COLE PUBLICATIONS 1989 RENTAL AGREEMENT-POLICE DEPT
48567 COMMUNICATIONS CENTER -4 2-WAY RADIOS-44427.80/6 RADIO ANTENNAS-
EQUIPMENT MAINTENANCE
48568 CONSTRUCTION MATERIALS INC STREET SWEEPER BROOMS & PARTS-STREET MAINT
-'569 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-EQUIPMENT MAINTENANCE
.;70 CONTECH CONST PRODUCTS INC STEEL PIPE-DRAINAGE CONTROL
48571 CONTINENTAL SAFETY EQUIP INC WINTER LINERS/HANDLE-SEWER DEPT
48572 COPY EQUIPMENT INC -STAKE FLAGS-SEWER DEPT/EQUIPMENT REPAIR/
OFFICE SUPPLIES-ENGINEERING DEPT
48573 CORNERSTONE ADVOCACY SERVICE 4TH QUARTER 88 SERVICE FOR BATTERED WOMEN
48574 CORPORATE RISK MANAGERS INC JANUARY 89 INSURANCE CONSULTANT
48575 CROWN AUTO INC TRUCK PARTS-WATER DEPT
48576 CROWN MARKING INC -DATER STAMPS-COMMUNITY CENTER/NAMEPLATE-
COUNCIL
48577 CURTIS INDUSTRIES INC PAINT STRIPPER-WATER DEPT
48578 CURTIS 1000 SPEED! PRINT PRINTING MARINA RECEIPTS-ROUND LAKE PARK
48579 CUSTOM AUTOBODY STRIPE PAINTING ON NEW VEHICLE-FIRE DEPT
48580 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT
48581 D B SERVICE & EQUIPMENT PRESSURE WASHER-EQUIPMENT MAINTENANCE
48582 DALCO -CLEANING SUPPLIES-POLICE BLDG/VACUUM
CLEANER-COMMUNITY CENTER
4858; SANDY DANIELSON SCHOOL-BUILDING DEPT
48584 DEM CON LANDFILL INC DECEMBER 88 WASTE DISPOSAL-STREET MAINT
48585 DIXIE PETRO CHEM INC CHLORINE-WATER DEPT
48586 DON EVE & SONS HAY BALES-PARK MAINTENANCE
48587 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT
48588 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT
48589 DRISKILLS SUPER VALU -EXPENSES-CITY HALL/POLICE DEPT/COMMUNITY
CENTER/SENIOR CENTER
779.50
25.00
260.00
748.54
862.50
40.30
1247.00
269.00
306.84
6239.40
43.50
108.00
57.90
25.00
225.00
1500.00
35.00
2202.00
96.36
21.95
164.00
4525.66
171.15
40.00
130.00
52.60
403.40
2000.00
530.00
13.64
81.80
93.10
146.67
390.00
2540.40
3296.00
2742.94
272.65
72.00
984.00
50.00
523.66
42.49
153.01
(
EQUIPMENT MAINTENANCE
48546 PERRY COFFEE COMPANY SERVICE-CITY HALL
48547 BFI MEDICAL WASTE SYSTEMS OF MN SERVICE
48548 BIG BOB'S REPAIR SHOP -DOOR INSTALLATION/HINGES/BOLTS/SHELF-
511 9 6
c.)F
48590 DUPRE POLAR EXPEDIAIION INC
40591 DYNA SYSTEMS
48592 EDEN PRAIRIE CHAMBER OF COMMERCE
48593 CITY OF EDINA
48594 JOHN H EKLUND
595 PATTY ENFIELD
,6596 CHRIS ENGER
4859 7 EXPRESS MESSENGER SYSTEMS INC
48598 FAIRCHILD MARKETING
48599 FOIST BLANCHARD CO
48600 FIDELITY PRODUCTS CO
48601 FIRE ENGINEERING
48602 FLAHERTY'S HAPPY TOME COMPANY
48603 FLOYD SECURITY
48604 FOREMAN & CLARK UNIFORMS
48605 FOSS PRINTING INC
48606 FOUR STAR BAR & RESTAURANT SUPPLY
48607 FOX MCCUE & MURPHY
48609 FOX VALLEY SYSTEMS INC
48609 FRONTIER MIDWEST HOMES CORP
48610 DECORATIVE DESIGNS
48611 GAB BUSINESS SERVICES INC
48612 GARDNER HARDWARE CO
48613 GETTING TO KNOW YOU
48614 JEANETTE GILLIS
*7 615 JOSEPH GLEASON
A6 GOOD SPORTS
48617 GOODYEAR COMMERCIAL TIRE I. SERV1C
48618 GOPHER SIGN CO
48619 GOVT FINANCE OFFICERS ASSN
48620 W W GRAINGER INC
48621 GRANT MERRITT & ASSOCIATES LTD
48622 GROSS OFFICE SUPPLY
48623 LEROY GUBA
48624 GUNNAR ELECTRIC CO INC
48625 RICK J HAMMERSCHMIDT
40626 HANSEN THORP PELLINEN OLSON INC
49627 REMARK FOODS
48628 HELLER'S CARBONIC WEST INC
43629 HENN CTY-SHERIFFS DEPT
48630 HENNEPIN COUNTY TREASURER
48631 HENNERIN COUNTY PUBLIC RECORDS
49632 HENNEPIN PARKS
DOGSLED WORKSHOP INSTRUCTOR/FEES PAID
CRIMPING TOOL/CABLE CUTTER-WATER DEPT
EXPENSES-ADMINISTRATION
SERVICE-DECEMBER 88 WATER TESTS
WASTE DISPOSAL-FORESTRY DEPT
EXPENSES-FIRE DEPT
JANUARY 89 EXPENSES-PLANNING DEPT
POSTAGE-PLANNING DEPT
ADVERTISING-LIQUOR STORES
-SPOTLIGHT-WATER DEPT/BLOWER MOTOR/GARDEN
-HOSE/VOLT REGULATORS/WIRE/SNOWPLOW KIT/
-TOGGLE SWITCHES/ROTOR/CLUTCH DISC/BLOWER
-SWITCHES/STAKING TOOL/CONNECTIONS/
BEARINGS/BELTS-EQUIPMENT MAINT/WATER DEPT
PAPER TOWELS/GARBAGE BAGS-WATER DEPT
SUBSCRIPTION-FIRE DEPT
MIX-LIOUOR STORES
151 QUARTER 99 SECURITY SYTEM-LIQUOR STORE
JACKETS-POLICE DEPT
LICENSE STICKERS-CITY HALL
SUPPLIES-LIQUOR STORES
1989 AUDIT SERVICE
MARKING PAINT-WATER DEPT
REFUND-BUILDING PERMIT
-FEBRUARY 88 SERVICE-CITY HALL/EXPENSES-
HISTORICAL & CULTURAL COMMISSION
LIABILITY INSURANCE
DOOR STOPPERS-WATER DEPT
ADVERTISING-LIQUOR STORE
KIDS KORNER INSTRUCTOR/FEES PAID
HOCKEY & BROOMBALL OFFICIAL/FEES PAID
TUGOWAR ROPE-AFTERNOON ADVENTURE
TIRES-EQUIPMENT MAINTENANCE
VALVE MARKING SIGNS-WATER DEPT
DUES-FINANCE DEPT
GARBAGE BAGS/FILTERS-PARK MAINTENANCE
-DECEMBER 88 LEGAL SERVICE-FLYING CLOUD
LANDFILL
OFFICE SUPPLIES-POLICE DEPT
HOCKEY OFFICIAL/FEES PAID
-MAGNETIC CONTRACTOR COIL-SEWER DEPT/FIELD
LIGHT REPAIR/LAMPS-PARK MAINTENANCE
EXPENSES-FIRE DEPT
-SERVICE-HAMILTON RO/S W EDEN PRAIRIE
-DEVELOPMENT PHASING STUDY/COUNTY RD 4
-WATER MAIN/MEDCOM BLVD/RED ROCK LAKE
CONNECTION
CONCESSION STAND SUPPLIES-COMMUNITY CENTER
CHEMICALS-WATER DEPT
DECEMBER 98 BOOKING FEE-POLICE DEPT
FILING FEE-PLANNING DEPT
-COPY FEE-HOUSING REHABILITATION PROGRAM/
FILING FEE-ENGINEERING DEPT
SNOWSHOE HIKE/FEES PAID
175.00
121.60
12.00
106.00
35.00
11.85
200.00
9.55
350.00
748.07
163.50
119.35
550.80
376.00
145.00
175.00
767.57
3000.00
59.52
300.00
93.50
1536.43
40.43
117.00
7.75
461.00
95.40
6410.70
35.00
95.00
26.25
23309.57
13.02
206.00
937.44
15.10
16545.88
262.69
488.10
874.70
1505.00
22.00
27.50
6055127
FEBRUARY 7,1939
48633 HENNEPIN COUNTY TREASURER NOVEMBER 88 BOARD OF PRISONERS
48634 HENNEPIN COUNTY TREASURER JULY 89 WASTE DISPOSAL-FORESTRY DEPT
4 9635 HENNEPIN CTY CHIEFS OF POLICE ASS DUES-POLICE DEPT
636 D C HEY COMPANY INC -COPIER--82500.0O/TONER/DEVELOPER-BUILDING
DEPT/MAINTENANCE AGREEMENT-FIRE DEPT
48637 DAVID HOEL TRUNK. WATERMAIN OVERSIZING CREDIT
48638 HOLMSTEN ICE RINKS INC -COILS/SOLENOID KITS/COMPRESSOR REPAIR-
ICE ARENA-COMMUNITY CENTER
48639 HONEYWELL PROTECTION SERVICES REPROGRAMMED CODE-SENIOR CENTER
48640 HONEYWELL INC CHARTS-WATER DEPT
48641 HUDSON MAP COMPANY MAPS-POLICE DEPT
48642 DONNA HYATT EXPENSES-FIRE DEPT
48643 IBM CORPORATION -FEBRUARY 89 MAINTENANCE AGREEMENT-CITY
HALL
48644 ICMA BOOK-POLICE DEPT
48645 INDEPENDENT SCHOOL 01ST #272 HOCKEY RECEIPTS-COMMUNITY CENTER
48646 INDEPENDENT SCHOOL GIST I1272 -ROOM RENTAL-ORGANIZED ATHLETICS/COMMUNITY
BAND/PRINTING-RECREATION DEPT
48647 IRAQ DUES/BOOK-ASSESSING DEPT
48648 INTL ASSN OF CHIEFS OF POLICE DUES-POLICE DEPT
48649 INTL ASSN OF LAW ENFORCEMENT FIRE DUES-POLICE DEPT
48650 INTL OFFICE SYSTEMS INC -JANUARY 89 MAINTENANCE AGREEMENT-CITY
HALL/POLICE DEPT
48651 INTL SOCIETY OF ARBORICULTURE DUES-FORESTRY DEPT
48652 INTL SOCIETY OF ARBORICULTURE BOOK-FORESTRY DEPT
48653 MARTY jESSEN BASKETBALL OFFICIAL/FEES PAID
48654 JOHNSON CONTROLS INC HEATING CONTROL REPAIR-COMMUNITY CENTER
48655 MICHAEL W JOHNSON EXPENSES-FIRE DEPT
56 CARL JULLIE EXPENSES-ADMINISTRATION
,57 JUSTUS LUMBER CO PAINT-POLICE DEPT
48658 KLEVE HEATING & AIR CONDITIONING HEATING REGISTER-PARK MAINTENANCE
48659 MARY KOTTKE VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID
48660 JERRY LADEN -89 CHECK PROTECTION MAINTENANCE AGREEMENT
FINANCE DEPT
48661 LAKE REGION MUTUAL AID ASSN
48662 ROBERT LAMBERT -JANUARY 89 MILEAGE/EXPENSES-PARKS
RECREATION & NATURAL RESOURCES
48663 CYNTHIA J LANENBERG MILEAGE-FIRE DEPT
48664 LANG PAULY & GREGERSON LTD -LEGAL SERVICE-SEPTEMBER 88 COMMUNITY
-CENTER/SEPTEMBER 88 CABLE TV/DECEMBER 88
FLYING CLOUD LANDFILL
48665 L LEHMAN & ASSOCIATES INC -DECEMBER 88 LEGAL SERVICE-FLYING CLOUD
LANDFILL
48666 LEAGUE OF MN CITIES DUES-MUNICIPAL AMICUS PROGRAM
48667 LEEF BROS INC MATS-LIQUOR STORE
48668 LINHOFF COLOR PHOTO PRINTING-FORESTRY DEPT
48669 LOGIS DECEMBER 88 SERVICE
48670 LOUISVILLE LANDFILL INC -DECEMBER 88 WASTE DISPOSAL-STREET MAINT/
PARK MAINTENANCE
48671 LYMAN LUMBER CO -FL/WOOD/SCREWS/TIMBERS-STREET MAINT/
ENGINEERING DEFT
48672 MPPO A DUES-POLICE DEPT
48673 MN FOR IMFROVED JUVENILE JUSTICE DNRS-POLICE DEPT
48674 M & I INDUSTRIAL SUPPLY INC -WRENCH SETS/PLIERS/SOCKET SETS/HAMMERS/
CHISELS/PUNCH & CHISEL SET-STREET MAINT
1997.00
150.00
80.00
2665.50
6415.00
253.65
25.00
12.04
54.35
22.26
659.22
25.70
376.75
1265.65
115.00
100.00
40.00
321.12
75.00
10.00
174.00
155.00
15.50
113.19
30.52
6.50
108.00
135.00
10.00
53.75
42.75
22239.98
17208.25
348.00
19.00
15.30
6749.59
134.00
224.71
555.00
15.00
620.99
6363
FEBRUARY 7,198;
48675 MANKATO STATE UNIVERITY
49676 MASYS CORPORATION
677 JAMES MATSON
,o678 MATTS AUTO SERVICE INC
48678 BRIAN G MCGRAW
48680 MEDICAL OXYGEN & EQUIP CO
46681 MEMA TREASURER
48682 MERLINS HARDWARE HAW
48683 METROPOLITAN AREA MGMT ASSN
48684 METROPOLITAN AREA PROmOTIONS COMP
48695 METROPOLITAN MECHANICAL CONTRACT°
48686 METROPOLITAN WASTE CONTROL COMMIS
48687 METROPOLITAN WASTE CONTROL COMMIS
48698 METROPOLITAN WASTE CONTROL COMMIS
49689 MIDLAND EQUIPMENT CO
48690 MIDLAND PRODUCTS CO
48691 MARION MILLER
48692 MN ANIMAL CONTROL ASSN
48693 MINNESOTA BLUEPRINT
48694 MN CHAPTER IACCI
48695 MN CHIEFS OF POLICE ASSN
49696 MINNESOTA COMMUNICATIONS CORP
48697 MN CONWAY FIRE & SAFETY
'n699 MN CRIME PREVENTION OFFICERS ASSN
99 THE MINNESOTA DAILY
48700 STATE OF MINNESOTA TREASURER
48701 MN SUBURBAN PUBLICATIONS
48702 MN SUBURBAN PUBLICATIONS
48703 M-V GAS CO
48704 MINUTEMAN PRESS
46705 MOTOROLA INC
48706 MT1 DISTRIBUTING CO
48707 GREGORY J MUELLER
46708 MAGGIE MUNRO
48709 NATIONAL CAMERA EXCHANGE
48710 COMMERCE NOAA NCDC
48711 NATIONAL RECREATION & PARK ASSN
48712 NATIONAL SCREENPRINT
48717 NATIONWIDE ADVERTISING SERV INC
48714 NORMANDALE LUTHERAN CHURCH OF EDI
48715 NORTHERN STATES POWER CO
48716 NORTHLAND BUSINESS COMMUNICATIONS
49717 NOFWEST BANh MPLS NA
48718 OFFICE PRODUCTS OF MN INC
9 OPTIMIST CLUB OF EDEN PRAIRIE
29707407
EXPENSES-POLICE DEPT
-FEBRUARY 89 COMPUTER MAINTENANCE-POLICE
DEPT
CANINE SUPPLIES-POLICE DEPT
TOWING-EOUIPMENT MAINTENANCE
EXPENSES-FIRE DEPT
OXYGEN-FIRE DEFT
DUES-POLICE DEPT
FUSES-PARE MAINTENANCE
DUES-ADMINISTRATION
ADVERTISING-LIQUOR STORES
WATER HEATER REPAIR-COMMUNITY CENTER
ADDITIONAL SAC FEES
DECEMBER 88 SAC CHARGES
FEBRUARY 89 SEWER SERVICE CHARGES
FORM & WELD SHEAR-EQUIPMENT MAINTENANCE
CONCESSION STAND SUPPLIES-COMMUNITY CENTER
EXPENSES/KIDS KORNER INSTRUCTOR/FEES PAID
DUES-POLICE DEPT
-PLAN HOLDER-fl188.00/COP1ER-$4000.00-
ENGINEERING DEPT
DUES-POLICE DEPT
DUES-POLICE DEPT
JANUARY 99 PAGER SERVICE-POLICE DEPT
-HOSE REEL-WATER DEPT/FIRE EXTINGUISHERS/
-POLES-$556.00/EMBLEMS/A1R CYLINDERS/
-GAUGES/FLASHLIGHTS/4000 FT HOSE-$21600.00
FIRE DEFT
DUES-POLICE DEPT
EMPLOYMENT ADS-COMMUNITY CENTER
-1ST OF 3 PAYMENTS FOR WATER TESTS-WATER
DEPT
-EMPLOYMENT ADS-COMMUNITY CENTER/STREET
DEPT/CITY HALL
ADVERTISING-LIQUOR STORES
SERVICE-OUTDOOR CENTER-STARING PARK
PRINTING FLYERS/POSTERS-SPECIAL EVENTS
RADIO REPAIR-FIRE DEPT
-STEERING GEAR/TUBES/0 RING SEALS-
EQUIPMENT MAINTENANCE
VOLLEYBALL OFFICIAL/FEES PAID
EXPENSES-POLICE DEPT
CAMERA REPAIR/BULBS-POLICE DEPT
SUBSCRIPTION-WATER DEPT
BOOKS-PARKS RECREATION & NATURAL RESOURCES
CAPS-SKATING RINKS
ADVERTISING-HUMAN RESOURCES
POSTAGE-UTILITY PILLING
-SERVICE-4TH QUARTER 89/STARRWOOD ADDITION
PRAIRIE CENTER DRIVE/VALLEY VIEW RD
TRANSCRIBER/HEADSETS-POLICE DEPT
BOND PAYMENT
-PRINTER REPAIR/COMPUTER UPGRADE-CITY HALL/
STREET DEPT
EUENSE3-COMMUNITY CENTER
15.00
1295.00
28.40
78.00
16.10
41.85
25.00
7.79
15.00
585.00
580.00
53123.40
48460.50
154033.51
247.00
538.90
23.25
20.00
5188.00
32.00
90.00
82.00
22579.70
50.00
59.87
399.77
692.70
292.20
227.50
50.25
344.00
616.18
108.00
39.50
78.98
8.50
53.06
199.82
337.12
4.50
4795.12
368.00
879.00
355.00
20.00
a90
FEBRUARi 7,1989
48720 ORKIN EXTERMINATING COMPANY INC
48721 POLICE MANAGEMENT ASSN
4 8722 PARK N1COLLET MEDICAL CENTER
723 JAMES PELTIER
,d724 PENNZOIL PRODUCTS COMPANY
48725 PEPSI COLA COMPANY
48726 T A PERRY ASSOCIATES INC
48727 PERSONNEL DECISIONS INC
48728 PERSONNEL POOL
48729 RICK PETERSEN
48730 PETERSON'S ANOKA TIRE INC
487:1 PATRICIA PIDCOCK
48732 PITNEY BOWES INC
JANUARY 89 SERVICE
DUES-POLICE DEPT
PHYSICIAL EXAMS-HUMAN RESOURCES
EXPENSES -FIRE DEPT
OIL-EQUIPMENT MAINTENANCE
CONCESSION STAND SUPPLIES-COMMUNITY CENTER
COIL/FAN MOTOR/HEATER REPAIR-FIRE BUILDING
SERVICE-COMPARABLE WORTH STUDY
SERVICE-BUILDING DEPT
SOFTBALL ILLUSTRATION-ORGANIZED ATHLETICS
TIRES-EQUIPMENT MAINTENANCE
EXPENSES-COUNCIL
-1ST QUARTER 85 POSTAGE METER RENTAL-CITY
-HALL/POLICE DEPT/MAINTENANCE AGREEMENT-
COMMUNITY CENTER
136.28
25.00
326.00
16.24
653.02
149.25
313.04
50.65
694.76
40.00
362.50
156.50
306.00
48733 PITNEY BOWES INC EDUIPMMENT MAINTENANCE AGREEMENT-CITY HALL
487:4 PITNEY BOWES INC POSTAGE METER RENTAL-POLICE DEPT
48735 PLANT EQUIPMENT INC SLUDGE DRAIN VALVES-WATER DEPT
487:6 POMMER COMPANY INC AWARDS-ORGANIZED ATHLETICS
48737 PRAIRIE HARDWARE -LIGHTS/HOSE NOZZLES/CABLE/COPPER TUBING/
-PIPE/CONDUIT CONNECTIONS/PLUGS/FITTINGS-
FIRE DEPT
48778 ITFF 1111 -FUNNEL/HOSE SHUT OFF/CHAIN/BOLTS/HOOKS/
VELCRO-POLICE DEPT
48739 PRAIRIE LAWN & GARDEN -SNOW THROWER SHIELD/BELT-POLICE DEPT/
EQUIPMENT MAINTENANCE
48740 PRAIRIE OFFSET PRINTING PRINTING-ASSESSING DEPT
48741 JERRY PRODOEHL DRILL REPAIR-EQUIPMENT MAINTENANCE
-7 42 PROTOOL FACE SHIELDS-STREET MAINTENANCE
43 CATHERINE PUTKA MILEAGE-UTILITY BILLING
48744 FIREHOUSE LAWYER MONTHLY NEWSLETT SUBSCRIPTION-BUILDING DEPT
48745 WORKER'S COMPENSATION LAW BULLET! SUBSCRIPTION-BUILDING DEPT
48746 R & R SPECIALTIES INC -ZAMBONI BLADES SHARPENED/VENT PLUG/ICE
BREAKER-COMMUNITY CENTER
48747 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-MITCHELL/RESEARCH ST IMPROVEMENTS/
-ROWLAND RD/GOLDEN TRIANGLE DR EXTENSION/
WINDHAM CREST/COUNTY RD 1 WATERMA1N
4979 RANDALL MIDWEST INC -ETCHING KIT FOR LABELING EQUIPMENT-FIRE
DEPT
48749 RMAA DUES-REGIONAL MUTUAL AID ASSOCIATION
48750 ROAD RESCUE INC FIRST AID RESCUE EQUIPMENT-FIRE DEPT
48751 ROGER'S SERVICE CO ALTERNATORS-EQUIPMENT MAINTENANCE
48752 ROTH DISTRIBUTING COMPANY -3 TELEVISIONS-81488.00/3 VCR'S-31311.00-
FIRE DEPT
46753 ROBERT RYAN HOCKEY OFFICIAL/FEES PAID
48754 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-WATER DEPT
48755 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-CITY HALL/WATER DEPT/
COMMUNITY CENTER/SENIOR CENTER
48756 SAFETY KLEEN CORP TOWELS-EOUIPMENT MAINT/PARK MAINT
48757 TIM SATHER EXPENSES-FIRE DEPT
48758 SANCO INC CLEANING SUPPLIES-BUILDING DEPT
4875 9 SAVOIE SUPPLY CO INC CLEANING SUPPLIES-PARK MAINTENANCE
48760 SEARS -ANSWERING MACHINE-FIRE DEPT/SMALL TOOLS-
STREET MAINTiPARK MAINT
1 STEVEN 0 SINELL JANUARY 89 EXPENSES -ASSESSING DEPT
248466:
180.00
96.00
1013.36
582.79
114.44
29.02
147.82
44.45
20.10
19.50
16.00
44.76
48.99
579.45
12390.57
152.50
10.00
412.11
474.50
2799.00
91.00
5.84
365.04
178.75
138.41
382.73
128.00
955.26
207.00
a9 1
FEBRUARY 7,1989
48762 LEE SMITH
48763 W GORDON SMITH CO
48764 SMITH & WESSON IDENTI-KIT CO INC 1765 SNAP ON TOOLS CORP
48766 SNYDER DRUG STORES INC
48767 SOUTHWEST METRO TRANSIT
48768 SOUTHWEST SUBURBAN PUBLISH INC
48769 SOUTHWEST SUBURBAN PUBLISH INC
48770 SPRINGSTED
48771 SPC DISTRIBUTION CENTER
49772 STATE TREASURER
48773 ROBERT STARK
48774 SANDRA RAE STETZ
48775 STOFFEL SEALS CORP
48776 SOUTH TOWN REFRIGERATION INC
48777 STREICHERS PROFESSIONAL POLICE E
O
48778 SULLIVANS SERVICES INC
48779 NATALIE J SWAGGERT
48780 TARGET STORES
48781 TEAM LABORATORY CHEMICAL CORP
48782 MARC LEWIS THIELMAN
48793 KEVIN TIMM
48784 TJ'S OF EDEN PRAIRIE
'785 VALERIE TRADER
TRESTMAN MUSIC CENTER
49787 TWIN CITY OXYGEN CO
48788 TWIN CITY TESTING
48789 UNIFORMS UNLIMITED
48790 UNIFORMS UNLIMITED
48791 UNITED LABORATORIES INC
48792 UNITED WAY'S FIRST CALL FOR HELP
48793 UNLIMITED SUPPLIES INC
48794 USA TODie
48795 ROD UT1NG
48796 VALLEY INDUSTRIAL PROPANE INC
48797 VENTURE PUBLISHING INC
48798 VESSCO INC
48799 VICOM INC
48800 V1DEOTRONIX INC
BASKETBALL OFFICIAL/FEES PAID
GAS/DIESEL FUEL-EQUIPMENT MAINTENANCE
IDENTIFICATION KIT-POLICE DEPT
-SCRAPER/RATCHET/SCREWDRIVER-EQUIPMENT
MAINTENANCE
EXPENSES-POLICE DEPT
POSTAGE-CITY HALL
ADVERTISING-LIQUOR STORES
LEGAL ADS-PLANNING DEPT
BOND PAYMENT
COMPUTER UPGRADE-POLICE DEPT
DECEMBER 88 BUILDING SURCHARGES
LICENSE-STREET DEPT
1789 UNIFORM ALLOWANCE-POLICE DEPT
BADGES-FIRE DEPT
COOLER COMPRESSOR REPAIR-LIQUOR STORE
-PISTOL-POLICE FORFEITURE-DRUGS/UNIFORM
S
/
-NIGHTSTICK-POLICE DEPT/STROBE LIGHT/
SPEAKER/SWITCH CONTROL CENTER-FIRE DEPT
WASTE DISPOSAL-PARK MAINTENANCE
JANUARY 89 EXPENSES-HUMAN RESOURCES
-PHONE/KITCHEN SUPPLIES/DUCT TAPE/THUMB
-TACKS/CLOCK/RULER/MARKERS-PARK MAINT/
SENIOR CENTER/SKATING RINKS
DEGREASER-SEWER DEPT
EXPENSES-FIRE DEPT
BASKETBALL OFFICIAL/FEES PAID
EXPENSES-FIRE DEPT
AEROBICS INSTRUCTOR/FEES PAID
SHEET MUSIC-ART & MUSIC
OXYGEN/ACETYLENE-EQUIPMENT MAINT
GAS CYLINDERS-COMMUNITY CENTER
UNIFORMS-FIRE DEPT
UNIFORMS/BATTERIES-POLICE DEPT
CLEANING SUPPLIES-WATER DEPT
-FIRST CALL FOR HELP DIRECTORIES-SENIO
R
CENTER
PLOW BOLT/WASHERS-PARK MAINTENANCE
ADVERTISING-LIQUOR STORE
EXPENSES-FIRE DEPT
GAS CYLINDERS-COMMUNITY CENTER
BOOKS-PARKS RECREATION & NATURAL RESOUR
C
E
S
-FUSE/WIRE/FILTERS/SCRAPER/SCREW CAPS/N
U
T
S
/
-WASHERS/CANISTER-WATER DEPT/COMMUNITY
CENTER
-FEBRUARY 89 TELEPHONE WIRE MAINTENANC
E
-
-PUBLIC WORKS BLDG/JANUARY 89 WIRE MAI
N
T
-
COMMUNITY CENTER
-1/1/89 TO 1/1/90 MAINTENANCE AGREEMEN
T
-
POLICE DEPT
CHEMICALS-COMMUNITY CENTER
-PLIER SET/CHISELS/FLOOR JACK/PRY BAR/S
A
W
/
-DRILL INDEX/STARTER SWITCH/DRILL KIT/
BLADES-WATER DEPT/EQUIPMENT MAINTENANCE
DUES-PLANNING DEPT
116.00
11809.96
408.00
154.40
8.45
10.39
714.88
428.40
27018.33
81.00
3913.73
22.50
150.00
228.91
262.00
1019.15
92.96
200.00
171.59
1368.00
15.25
246.50
24.27
150.00
143.17
98.30
56.00
2605.95
666.95
247.31
26.00
15.00
17.00
145.00
196.58
89.35
233.64
12.25
7410.00
1282.75
543.85
100.00
48901 VIKING LABORATORIES INC
49802 CLAYTON G VNUK
3 URBAN LAND INSTITUTE
5870377
FEBRUARY 7,1989
48804 WALDOR PUMP & EQUIP CO LIFT STATIONS PUMP REPAIR-SEWER DEPT
48805 WATER PRODUCTS CO -4 2-3 1000 GAL GENERATORS-S358.16/
DEPT
3806 WATERITE INC -CHART PAPER/2 LANE LINE REELS-81481.00-
POOL-COMMUNITY CENTER
48E0)7 wATSON FORSBERG CO SERVICE-COMMUNITY CENTER REPAIR
48808 TOM WEKO BASKETBALL OFFICIAL/FEES PAID
48809 SANDY WERTS MILEAGE-SENIOR CENTER 48810 KEITH WALL JANUARY 89 EXPENSES-POLICE DEPT
48811 WILLIAMS MECHANICAL SERVICE INC EQUIPMENT REPAIR-WATER DEPT
48812 WILSON TANNER GRAPHICS -EMPLOYEE NEWSLETTER-HUMAN RESOURCES/
-BUSINESS CARDS-POLICE DEPT/COMMUNITY
CENTER
49817 WINGFIELD PERFORMANCE ENGINEERING TRANSMISSION REPAIR-EQUIP
M
E
N
T
M
A
I
N
T
E
N
A
N
C
E
48814 KEN WORDE HOCKEY OFFICIAL/FEES PAID
48815 JON WORRE
VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID
48816 XEROX CORP
-DECEMBER 88 MAINTENANCE AGREEMENT-CITY
HALL
48817 JIM ZAIC
PLUMBING LICENSE-BUILDING DEPT
48818 ZACHMAN BROTHERS
REFUND-BUILDING PERMIT 48819 ZACK'S INC
CLEANING SUPPLIES-EQUIPMENT MAINTENANCE
48820 JAMES A ZALESKY
VOLLEYBALL OFFICIAL/FEES PAID
48821 ZEE MEDICAL SERVICE
1ST AID SUPPLIES-CITY HALL
48822 ZEP MANUFACTURING COMPANY
CLEANING SUPPLIES-EQUIPMENT MAINTENANCE
48823 ZIEGLER INC
SEAL KIT/REPAIR KIT-EQUIPMENT MAINTENANCE
48243 VOID OUT CHECK
4902525
247.28
652.17
1545.86
44550.00
101.50
40.10
208.00
47.48
260.00
375.00
180.00
159.50
94.00
80.00
4.35
133.60
135.00
46.20
312.75
21.04
168.58-
$1103354.84
c1 -2)
DISTRIBUTION BY FUNDS
10 GENERAL.
11 CERTIFICATE OF INDEDT
15 LIQUOR STORE-P V M
17 LIQUOR STORE-PRESERVE
21 POLICE DRUG FORFEITURE
22 STATE AID CONST
31 PARK ACOUIST t. DEVELOP
37 UTILITY BOND FUND
39 86 FIRE STATION CONST
45 UTILITY DEBT FD APR
51 IMPROVEMENT CONST FD
55 IMPROVEMENT DEBT FUND ARE(
57 ROAD IMPROVEMENT CONST FD
73 WATER FUND
77 SEWER FUND
81 TRUST tK ESCROW FUND
87 CDBG FUND
$1107754.84
472386.65
4070.94
112409.39
74800.19
786.00
4084.50
61566.00
9724.30
22156.00
27018.33
29452.80
879.(.4)
3939.72
21212.02
258597.78
697.22
14.00
;;1 1
MEMORANDUM
TO:
THROUGH:
FROM:
DATE:
RE:
Mayor and City Council
Carl Jullie, City Manager
Steve Durham, Assistant Planner
February 2, 1989
Board of Adjustments and Appeals Terms
The City Council will consider reducing the Board of Adjustments and Appeals
membership from 9 to 7 on February 7, 1989. Board member appointments are for 3-
year staggered terms.
The terms for a 7 member Board are as follows:
Member
Term
Appointment
1
3 yr. 2-28-89 to 2-28-92
3
3 yr. 2-28-90 to 2-28-93
3
3 yr. 2-28-91 to 2-28-94
A three year staggered term will be achieved without changing any term appointments
at this time. The City Council may wish to stagger the terms in the future in order
to create a "better staggering" of appointments and distribute more evenly change in
Board membership. The most appropriate time to make a change would be in the 1990
appointments. Three terms will expire in 1990. The Council may wish to appoint one
2 year term and two 3 year terms. This appointment scenario would create better
staggering.
Member
Term
Appointment
1
3 yr. 2-28-89 to 2-28-92
1
2 yr. 2-28-90 to 2-28-92
2
3 yr. 2-28-90 to 2-28-93
3
3 yr. 2-28-91 to 2-28-94
"".
ORDINANCE NO. 2-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION
2.11, SUBD. 1, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Eden Prairie City Code Section 2.11, Subd. 1, is hereby amended
to read:
Subd. 1. Establishment and Composition. A Board of Adjustments and
Appeals, composed of n4ne-(9) seven (7) members is hereby established for the
purpose of handling all appeals and adjustments (variances) under provisions of the
City Code relating to land use and subdivision, and as othewise provided by the City
Code. Board members shall be appointed for three three (3) year terms, except
that such appointments may be made for less than three (3) year terms in order to
achieve a system of staggered expiration of terms.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99
are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective from and after its passage
and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 7th day of February, 1989 , and finally ready and adopted and
ordered published at a regular meeting of the City Council of said City on the
day of
, 1989.
This ordinance will be effective upon its publication.
ATTEST:
I
(
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the 25th day of February
1989.
3,99
MEMO
TO:
FROM:
THROUGH:
DATE:
RE:
Planning Commission
Donald R. Uram, Assistant Planner
Chris Enger, Director of Planning
January 6, 1989
EDEN PRAIRIE INTERMEDIATE SCHOOL
The Eden Prairie School District purchased Lot 1, Block 1, of the Research Farm 3rd
Addition for the location of the new Eden Prairie Intermediate School. The property
is zoned Rural and guided for portions of Low, Medium, and High Density Residential
use. Outlot A, which is also owned by the school district, will be transferred to
the City for preservation purposes at some future date. The proposed school is
located within the center portion of the 23 acre site adjacent Anderson Lakes
Parkway and contains 162,620 square feet of building on 3 levels. Based upon a
building size of 162,620 square feet and a site area of 23 acres, a 16.23% Floor
Area Ratio and an 8%, Base Area Ratio has been calculated. Since the property is for
Public use, which is allowed in the Rural zoning district, no rezoning is required.
Access to the project will be from realigned Research Road. A bus entrance access
point is located approximately 350 feet south of Anderson Lakes Parkway and Research
Road while access into the main parking areas is located further south. Within the
lower parking area, there are a total 144 parking stalls, with an additional proof-
of-parking area for approximately 40 cars on the bituminous surface playground area.
Within the bus drop-off zone, there is also parking for 27 automobiles. A total of
171 actual stalls exist with an additional 40 proof-of-parking stalls if necessary.
Pedestrian access will be provided by an 8 foot bituminous trail and a 5 foot
concrete sidewalk along new Research Road.
Elevations on this site range from a high point of 886, located at the intersection
of Anderson Lakes Parkway and new Research Road to a low elevation of 820 adjacent
Purgatory Creek floodplain. The site slopes in a south and westerly direction.
With a three-level building design, the natural slopes on the site have been taken
into consideration. Information regarding the cut and fill balance on this site has
been submitted which indicates that approximately 2,000 cubic yards of fill is
required. Because of the sloping nature of the site, and the new location of
Research Road, screening of the parking areas is somewhat difficult. The final
grading plan should maintain a four-foot berm along Research Road.
All utilities are available to this site through connections made in Anderson Lakes
Parkway and new Research Road. Storm water runoff is proposed to be collected
within a catch basin system and discharged into a storm sewer pipe located in new
Research Road. Run-off from the bituminous play area across the playground may
require further review to ensure adequate drainage.
Based upon a building square footage of 162,620 square feet, and a tree replacement
of 132 caliper inches, a total of 540 caliper inches of plant material is required.
a9
Memo
January 6, 1989
Page Two
A landscape plan has been submitted which depicts a total of 143 deciduous trees and
46 coniferous trees. Staff would recommend that a more equal distribution of
deciduous and coniferous trees be planted in order to help screen parking areas from
Research Road and Anderson Lakes Parkway.
Designed to take advantage of the Purgatory Creek area and the slopes on the site,
the building has been designed with three levels. Initially, two sections of the
school will be constructed with provisions made for the possibility for an indoor
swimming pool located adjacent the southern-most parking area and an additional
classroom cluster located adjacent Anderson Lakes Parkway. Primary building
materials include approximately 73% facebrick, 20% glass, and 7% metal. Colors and
samples shall be submitted prior to building permit issuance.
The proposal, as submitted by the school district, appears to work well within the
project site. Recommendations of Staff are summarized as follows:
1. A four foot berm shall be maintained along Research Road to screen parking
areas.
2. The landscape plan shall be revised to reflect an equal distribution of
deciduous and coniferous trees.
3. Drainage from the bituminous play area across the playground should be
reviewed.
4. Any additional development such as the addition of the swimming pool or
classrooms shall be submitted for review by Staff.
O cr)
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation 8, Natural Resources Commission
THRU: Bob Lambert, Director of Parks, Recreation & Natural Resources
FROM:
Barbara Penning Cross, Landscape Architect
DATE: January 30, 1989
SUBJECT: Supplementary Report to January 6, 1989 Memo from Don Uram
Concerning Eden Prairie Intermediate School
This project was seen at the January 9th Planning Commission meeting and
passed unanimously. Items the Parks, Recreation and Natural Resources
Commission should be addressing are:
Grading - The site slopes in a southwesterly direction. A three level school
is planned and the natural slopes on this site have been taken into
consideration as much as possible. Due to the new location of Research Road
and the slopes, screening and berming will be difficult. The Planning
Department has asked the school to maintain a 4' berm all along Research Road
to help screen the parking areas.
Tree Loss - The majority of trees on this site are along the creek and will
not be disturbed. Five hundred forty caliper inches of plant material is
required by City Code. A landscape plan has been submitted showing 143
deciduous trees and 46 coniferous trees have been shown. The Planning
Department staff has requested the school to provide a more equal amount of
deciduous and coniferous trees to better screen the parking areas.
Pedestrian System - With the construction of Research Road a new underpass
will allow an 8 bituminous trail to connect the school grounds with Staring
Lake Park.
School Playground - The architects for this project have been working closely
with school personnel and feel they have adequately provided enough play area
to fulfill their needs. The Parks, Recreation and Natural Resources
Department staff have concern that the play area is not large enough to
accommodate 1400 kids during recess. The area is limited and the only
possibility for expansion is across the road in Staring Lake Park. Because
of the passive nature of Staring Lake Park, staff feels that active use fields
would be inappropriate. Less active uses such as court games could possibly
be added at a later date. Efficient use of the existing area will be
necessary in any case.
Expansion - Designs for the school have allowed expansion room for additional
classrooms and for a swimming pool to be built by the City. If this is ever
built, it would be on school property and available to the school during
school hours and used for City programs and lessons during the remaining
hours.
The Parks, Recreation and Natural Resources Staff recommends approval of this
project as per the January 6th Planning Staff memo.
BPC:mdd
1.07'
RESOLUTION NO. 89-26
RESOLUTION STRONGLY URGING THE REAPPOINTMENT OF DIRK DEVRIES AS DISTRICT 13
REPRESENTATIVE TO THE METROPOLITAN COUNCIL
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as
follows:
Section 1. Background.
1.01 Dirk DeVries has served District 13 on the Metropolitan Council since
1978.
1.02 During this period, he has demonstrated outstanding leadership
qualities on behalf of the Metropolitan Council on such sensitive
issues as light rail transit.
1.03 Mr. DeVries has been an extremely effective liaison between the City
and the Metropolitan Council, keeping the City informed of issues of
interest to the City, and providing an opportunity for the City to
have representation with the Metropolitan Council on those same
important issues.
1.04 The City Council is now aware that the Appointments Committee is not
recommending Mr. DeVries for reappointment.
Section 2. Council Action.
2.01 The Eden Prairie City Council strongly endorses the reappointment of
Dirk DeVries as District 13 member to the Metropolitan Council,
finding that his record and experience will serve not only the
interest of this District but the Metropolitan Council as well.
Adopted by the City Council of the City of Eden Prairie on this 7th day of
February, 1989.
GARY O. PETERSON, MAYOR
ATTEST:
COUNCIL LETTER NO. 89- 56
MEETING OF FEBRUARY 6, 1989
RE: REAPPOINTMENT OF DIRK DEVRIES TO THE METROPOLPTAN COUNCIL
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:
Dirk DeVries has sought reappointment to the Metropolitan Council for
District 13, serving Minnetonka, Eden Prairie, Hopkins and many of
the western Hennepin County communities. He has served on the
Metropolitan Council since 1978.
Mr. DeVries has been an extremely effective representative for his
District and provided invaluable leadership for the Metropolitan
Council. He presently serves on the Metropolitan Systems Committee
and the Management Committee. He has been a strong proponent for
preserving and improving Lake Minnetonka, and has had a keen interest
in such other important issues to this region as light rail transit
and upgrading of the metropolitan sewer system.
The appointment committee, which makes recommendations to Governor
Perpich for appointments and reappointments to the Metropolitan
Council, has recommended that Mr. DeVries not be reappointed, in
deference to Ms. JoEllen Hurr, currently a representative on the
Metropolitan Waste Control Commission. While Ms. Hurr may be
qualified to serve on the Metropolitan Council, Mr. DeVries has the
necessary experience and proven track record of outstanding
representation for this district and, therefore, it appears to be in
the City's interest to support his reappointment.
Therefore, at its meeting of February 6, 1989, it is recommended that
the City Council adopt the following motion:
That a resolution strongly urging Governor Perpich to
reappoint Dirk DeVries as District 13 representative to the
Metropolitan Council is hereby approved.
Respectfully submitted,
James F. Miller
City Manager
RESOLUTION NO. 89-
RESOLUTION STRONGLY URGING THE REAPPOINTMENT OF DIRK DEVRIES
AS DISTRICT 13 REPRESENTATIVE TO THE METROPOLITAN COUNCIL
BE IT RESOLVED by the City Council of the City of Minnetonka,
Minnesota, as follows:
Section 1. Background.
1.01 Dirk DeVries has served District 13 on the
Metropolitan Council since 1978.
1.02 During this period, he has demonstrated outstanding
leadership qualities on behalf of the Metropolitan
Council on such sensitive issues as light rail
transit.
1.03 Mr. DeVries has been an extremely effective liaison
between the City and the Metropolitan Council, keeping
the City informed of issues of interest to the City,
and providing an opportunity for the City to have
representation with the Metropolitan Council on those
same important issues.
1.04 The City Council is now aware that the Appointments
Committee is not recommending Mr. DeVries for
reappointment.
Section 2. Council Action.
2.01 The Minnetonka City Council strongly endorses the
reappointment of Dirk DeVries as District 13 member to
the Metropolitan Council, finding that his record and
experience will serve not only the interest of this
District but the Metropolitan Council as well.
Adopted by the City Council of the City of Minnetonka on this 6th day
of February, 1989.
LARRY A. DONLIN, MAYOR
ATTEST:
D. L. EGGENBERGER, CITY CLERK.
TO: Mayor and City Council
THROUGH: Carl J. Jullie
FROM: John D. Frane
SUBJECT: Bond Issue Refundings
DATE: February 7, 1989
We have identified several bond issues which could be refunded and result in
favorable debt burden restructuring. In order to begin the process, Council
would need to adopt resolutions calling for the sale of the bonds. These
Resolutions are as follows:
Resolution No. 89-27
Resolution relating to $3,320,000 General Obligation Water
and Sewer Refunding Bonds, Series 1989A; Calling for the
Public Sale thereof.
Resolution No. 89-28
Resolution relating to $1,520,000 General Obligation
Improvements Refunding Bonds, Series 19898; Calling for the
Public Sale thereof.
Resolution No. 89-29
Resolution relating to $4,895,000 General Obligation Refunding
Bonds, Series 1989C; Calling for the Public Sale thereof.
Resolution No. 89-30
Resolution relating to $2,060,000 General Obligation Refunding
Bonds, Series 19890; Calling for the Public Sale thereof.