HomeMy WebLinkAboutCity Council - 02/21/1989AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 21, 1989
7:30 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCILMEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLL CALL
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, 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
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Special City Council meeting held Tuesday, January 31, 1989
III. CONSENT CALENDAR
A. Clerk's License List
B. 2nd Reading of Ordinance No. 2-89 amending Section 2.11, Subd.
I—F:f the City Code to reduce the number of members from nine to
seven on the Board of Appeals and Adjustments
C. 2nd Reading of Ordinance No. 1-89 Site Plan and Architectural
Design Review - Amendment to City Zoning Code, Chapter 11
D. Fire Department - Alternate to Refurbishment of Engine No. 3
E. ELIM SHORES by Brauer & Associates. 2nd Reading of Ordinance
No. 56-88, Zoning District Amendment within the RM-2.5 Zoning
District on 8.36 acres with variances approved by the Board
of Appeals; Approval of Developer's Agreement for Elim Shores;
and Adoption of Resolution No. 89-36, Authorizing Summary of
Ordinance No. 56-88 and Ordering Publication of Said Summary.
8.36 acres into 3 lots for construction of a 61-unit senior
housing development. Location: West of County Road No. 4,
east of Mitchell Lake. (Ordinance No. 56-88 - Zoning District
Amendment; Resolution No. 89-36 - Authorizing Summary and
Publication)
F. ELIM SHORES - Final Approval of Housing Revenue Bonds for Elim
Shores in the amount of $4,100,000 (Resolution No. 89-41)
Page 300
Page 308
1
Page 295
Page 278
Page 310
Page 312
Page 322
City Council Agenda - 2 - Tues.,February 21, 1989
G. ZACHMAN BROTHERS 1ST ADDITION by Zachman Development Corporation.
2nd Reading of Ordinance No. 58-88, Zoning District Change from
Rural and RM-6.5 to R1-9.5 on 5 acres with variances approved by
the Board of Appeals; Approval of Developer's Agreement for
Zachman Brothers 1st Addition; and Adoption of Resolution No.
89-37, Authorizing Summary of Ordinance No. 58-88 and Ordering
Publication of Said Summary. 5 acres into 16 single family lots,
and road right-of-way. Location: The southwest corner of Franlo
Road and Preserve Boulevard. (Ordinance No. 58-88 - Rezoning;
Resolution No. 89-37 - Authorizing Summary and Publication)
H. Final Plat Approval of Zachman Brothers First Addition (located
west of Preserve Boulevard and south of Franlo Road) Resolution
No. 89-31
I. Approve Temporary Construction Easement to MnDOT for T.H. 169
Improvements over Tracts A & B, Registered Land Survey No.
423 (MnDOT Parcel iTg--
J. Approve City participation in T.H. 169 Improvements between
Prairie Center Drive and CSAH I -Tkesolution No. 89-35 )
K. Approve Cooperative Construction Agreement No. 65466 with
MnDOT for City participation in cost to improve T.H. 5 in the
vicinity of CSAH 4 (Resolution No. 89:19)
L. DNR SHORELAND REVIEW - The DNR has new shoreland regulations that
will affect land development in Eden Prairie
M. Final Plat Approval for North Bay of Timber Lakes 3rd Addition
Trtii6lution No. 89-41T -
N. Resolution No. 89-42 Changing the Term of Assessments for Levy
No. 11337 from 5 to 15 Years _ _
Page 328
Page 335
Page 337
Page 340
Page 341
Page 374
Page 381
Page 384
IV. PUBLIC HEARINGS
A. BENNETT PLACE ADDITION by Sam Thorpe and Frank Cardarelle. Request
for Zoning District Change from R1-22 to R1-13.5 on 1.48 acres, and
Preliminary Plat of 1.48 acres into 4 single family lots.
Location: East of Bennett Place, north of Blossom Road.
(Ordinance No. 8-89 - Rezoning; Resolution No. 89-38 - Preliminary
Plat)
B. VACATION 89-01 - Vacation of Temporary Turn-around Over Parts of
Lot 10, Block 1 and Lot 9, Block 2, Purgatory Ridge (Resolution
No. 89-32)
C. VACATION 89-02 - Vacation of Drainage and Utility Easements in
LaVonne Industrial Park (Resolution No. 89-33)
D. PRAIRIE VILLAGE APARTMENTS - Approval of an Amended Tax Increment
Financing Plan and Amended Interest Rate Reduction Program
(Resolution 89-40)
Page 386
Page 390
Page 392
V. PAYMENT OF CLAIMS Page 393
City Council Agenda - 3 - Tues.,February 21, 1989
VI. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 6-89 Surface Management Ordinance
for Mitchell and Red Rock Lakes
B. Ordinance No. 7-89 - Renaming Research Road and a Segment of
Mitchell Road
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Southwest Area Study - Aoprove Final Draft
Page 394
Page 398
Page 401
B. Order Feasibility Report for Dell Road between T.H. 5 and CSAH 1
and Scenic Heights Road between CSAH 4 and Riley Lake Road
I.C.-T27g0 (Resolution No. 89-117--
VIII. REPORTS OF ADVISORY COMMISSIONS
A. Board of Appeals & Adjustments - Request for Joint Meeting with
City Council
IX. APPOINTMENTS
A. Appointment of Study Committee on Mayoral Term
B. Board of Appeals & Adjustments - 1 Appointment for 3-Year Term
commencing March 1, 1989
C. Building Code Board of Appeals - 2 Appointments for 3-Year Terms
commencing March 1, 1989
D. Flying Cloud Airport Advisory Commission - 2 Appointments for 3-
Year Terms commencing March 1, 1989: 1 Appointment of a
Representative of the Flying Cloud Businessmen's Association and 1
Appointment of a Citizen Representative
E. Historical & Cultural Commission - 2 Appointments for 3-Year Terms
commencing March 1, 1989
F. Human Rights & Services Commission - 4 Appointments: 1 to an
unexpired term to 2/28/91 and three 3-Year terms commencing March
March 1, 1989
G. Parks Recreation & Natural Resources Commission - 2 Appointments
for 3-Year Terms commencing March 1, 1989
H. Planning Commission - 3 Appointments for 3-Year Terms commencing
March 1, 1989
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
C. Report of City Attorney
Page 406
City Council Agenda - 4 - Tues.,February 21, 1989
D. Report of Director of Planning
E. Director of Parks Recreation & Natural Resources
F. Report of Director of Public Works
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
(
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
Tuesday, January 31, 1989
COUNC1LMEMBERS PRESENT:
COUNCILMEMBERS ABSENT:
CITY COUNCIL STAFF:
7:30 p.m., City Hall
7600 Executive Drive
Mayor Gary Peterson,
Richard Anderson,
Jean Harris, Patricia Pidcock,
Douglas Tenpas
None
City Manager Carl J. Jullie,
Assistant to the City iviandyer,
Craig Dawson, Director of
Parks, Recreation and Natural
Resources, Robert A. Lambert
I. APPROVAL OF AGENDA
The meeting was called to order at 7:35 p.m. Mayor °eterson
added Discussion of Progress of N1.P .C.A. Contested Case Hearing
as the last item on the agenda.
MOTION: Tenpas moved to approve the agenda as amended.
Harris seconded the motion and it passed 5-0.
II. REVIEW OF PROJECTS PRESENTLY UNDER CONSIDERATION FOR
THE 1989 REFERENDUM - BOB LAMBERT
The public hearing was opened by Mayor Peterson who told the
audience that the purpose of the meeting was to discuss items
to be considered for the park bond referendum.
Lambert reviewed an overhead which showed the projects under
consideration for the bond referendum and estimated costs.
The following items were discussed:
Land Acquisition:
Bluff Park
Staring Lake Park
Neighborhood Parks
Prairie East Park
Minnesota River Valley Floodplain
Community Park Development :
Miller Park & Youth Facilities
Round Lake Park ( re-sod, re-seed)
Starting Lake Park ( irrigation system)
Homeward Hills Park ( landscaping &
renovating second floor of barn )
$2-2.5 million
$450,000
$200,000 per park
$100,000
No estimated cost
$3,400,000
$30,000
$30,000
$110,000
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
January 31, 1989
-2-
Trail System Development
County Road 4 (from Round Lake Park $195,000
to Minnetonka with a bridge to be
constructed over railroad tracks
County Road 1 (Dell Road to
Riley Lake Road and Homeward Hills
Road east to Co. Rd. 18)
Hidden Ponds Park (develop trail
over abandoned railroad tracks to
Chanhassen border)
Purgatory Creek (Anderson Lakes
Parkway south to Staring Lake
Park)
$95,000
$25,000
$15,000
Purgatory Creek (Mitchell Road north $25,000 of McDonald's east almost to Prairie
Center Drive)
Community Center:
Recreation staff offices and multi-
$250,000 purpose room
Fabric dome and ice rink
$600,000
Community Center entry
$75,000
Peterson told the audience that suggestions for addi
t
i
o
n
a
l
i
t
e
m
s
for this list would be welcomed. A final decision o
n
i
t
e
m
s
t
o
be included in the referendum will be made on Febr
u
a
r
y
1
4
.
Peterson suggested that miscellaneous items be disc
u
s
s
e
d
f
i
r
s
t
,
have a short break, discuss the second sheet of ice
a
n
d
t
h
e
n
return to miscellaneous items.
Kevin Dahl of 19159 Kristie Lane, representing the
E
d
e
n
P
r
a
i
r
i
e
Soccer Association, presented the Council with a pet
i
t
i
o
n
o
f
2
3
3
signatures supporting Miller Park. Mr. Dahl was co
n
c
e
r
n
e
d
w
i
t
h
using Flying Cloud Fields since their use can be dis
c
o
n
t
i
n
u
e
d
by the Metropolitan Airports Commission with 90 day
s
n
o
t
i
c
e
.
Doug Marsten of 16650 Baywood Terrace supported t
h
e
t
r
a
i
l
s
along County Road 4. Mr. Marsten is a bicyclist an
d
b
e
l
i
e
v
e
s
it is dangerous at that point.
Doug Lawyer of 16331 N. Hillcrest Ct. suggested
a
d
d
i
n
g
a
c
h
i
l
d
r
e
n
'
s
pool at the Community Center and more gym spac
e
t
h
a
t
c
o
u
l
d
be used for boy's and girl's basketball.
Mary Sue Krueger of 18321 Tristram Way suggeste
d
a
s
k
a
t
i
n
g
pond with a windbreak area and benches at Wyndh
a
m
K
n
o
l
l
P
a
r
k
.
Ms. Krueger presented the Council with 65 signatu
r
e
s
s
u
p
p
o
r
t
i
n
g
this request. J I
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
January 31, 1989
-3-
Nancy Pudas of 19150 Pheasant Circle suggested skating rinks
at neighborhood parks.
Dale Wenkus of 8706 Leeward Circle, repesenting the Eden Prairie
Football Association, supported Miller Park.
Duane Essink of 10290 Edinburgh Circle said he wants to be
able to afford the property taxes in Eden Prairie. Mr. Essink
also wanted some of the items, but believed they could be scaled
down since they are not needs, but just wants. Mr. Essink
asked what was the taxpayers' cost for the present parks system
and what the future costs would be if the bond referendum passed.
Mr. Essink agreed that trails were needed, but disagreed with
the second sheet of ice and improvements to the Community Center.
Tenpas asked Mr. Essink what he felt would be an acceptable
increase in tax base. Mr. Essink said he did not have a number
available.
Mr. Essink asked what portion of the land in Eden Prairie was
being used for parks versus other cities in the Twin Cities area.
Peterson asked Lambert to research this figure.
Ron Holmstadt of 10250 Buckingham Dr. would like to keep the
neighborhood park in his area as a small neighborhood park.
He added that other residents were also opposed to adding a
parking lot.
Sven Gafvert of 8238 Tamarack Trail believed the total cost of
the bond referendum was too high. Mr. Gafvert agreed that
acquiring land at this time was important, but that support of
all these projects would come in the future. He added that
he believed Miller Park could be eliminated from the list.
Steve Jacobs of 9 1420 Olympia Drive, who was on the Board of
Directors of the Eden Prairie Football Association and the Bond
Referendum Committee, did not feel it was appropriate for the
City to compete with the private sector over items such as a
golf course. He is opposed to the acquisition of land for golf course
use,favored Miller Park and improvements to Flying Cloud Fields.
Tom Bierman of 9560 Flyway Circle commended the City for allowing
the citizens to speak on this issue and the Parks and Recreation
Department for having the insight to make decisions on the City's
future needs. Mr. Bierman was representing the Eden Prairie
Soccer Association which served 850 youth last year. He encouraged
the City to continue land acquisition for youth athletic facilities.
Mr. Bierman also supported Miller Park, but urged the City to
water fields at Flying Cloud during the summer. He added that
the trails and park system in Eden Prairie was a big part of
the decision to move here and he would be happy to pay a little
more in taxes for better recreational facilities. Mr. Bierman
believed that property values will increase when these projects
are completed and he encouraged a trail system which would
completely encompass the City and asked that the staff look into
its feasibility.
2j2-
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
January 31, 1989
Glenn Fristed of 17247 W. 78th St. asked that his neighborhood
be contacted when development proposals, etc. are under consideratio
n
.
Mr. Fristed also asked why the developers aren't donating some
of this land, rather than the City having to buy it. Lambert
said that it doesn't always work well and if the City did not
purchase some of the land, it may receive land that would not
be useable.
Mr. Fristed asked if the bond referendum will be itemized.
Peterson said there may be one or two questions, but a definite
decision has not been made.
Mr. Fristed asked if there was a profit made from the Community
Center. Lambert said no.
Mr. Fristed asked where fees collected from adult teams were
used. Lambert said the fees were used for improvements to
the teams' fields.
Tenpas added that the City Council monitored these issues, but
there was not enough money made from fees collected to cover
the projects listed in the referendum.
Mary Campbell of 17918 W. South Shore Dr. would like to see
a trail in Prairie View Park.
Ray Dudycha of 6602 Shady Oak Dr. commented that the City
had 100+ acres of land by Bryant Lake which could have been
used for parks, but the City gave it up. Lambert said the
parks at both Bryant Lake and Anderson Lakes were given by
the City to the Metropolitan Council because they were proposed
as regional parks. The parks are operated by Hennepin County
Park Reserve instead of using City funds.
Vicki Koenig of 7239 Topview Road was pleased that a referendum
was being considered again. Ms. Koenig was interested om the
trails system and would like to see improvements at Staring Lake.
Mr. Gafvert added that he didn't understand previous comments
about the City trying to compete with the private sector when
some people couldn't afford the fees at places like Flagship.
Woody Ginkel of 10530 White Tail Crossing, representing the Eden
Prairie Hockey Association, said there was much need and demand
for a second sheet of ice which could not only be used for hockey,
but also for figure skating, open skating and by the high school.
The current rink is always filled. Ginkel added that an ice
rink would be the only revenue generating facility being considered
on the referendum. Ginkel had considered an ice rink as a
personal business venture several years ago, but was concerned
with land acquisition and selling ice time during April and May.
He believes it would be a break-even proposition.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
January 31, 1989
-5-
Ginkel said the fabric dome was a good proposal and using a
$75 per hour rate for rental, using the rink 6-7 hours per day
and 12 hours per day on the weekend, revenue would be approximately
$100,000 per year. He believed it would be necessary to have
one full-time person and one part-time person to clear the ice,
etc. The current refrigeration system could be easily adapted
for a second sheet of ice and would cost about one-third more
than present costs ($10,000 more per year).
Al Gallus of 9530 Garrison Way believed a second sheet of ice
would be a definite plus to the community of Eden Prairie.
Nancy Pudas commented that the scheduling problems and shortage
of ice time forced her nine-year-old son to choose between hockey
and church. This situation bothered her as a parent and she
believed a second sheet of ice would make better times available.
Tom Meyer of 13695 Theresa Place, who was on the Eden Prairie
Hockey Association Board of Directors and also coached two different
teams, also had to choose between church and hockey because
of the scheduling. Meyer believed a great deal of money is
going out of the community because groups were buying ice
at other locations because it was not available in Eden Prairie.
He added that items included on the referendum list have been
well palnned and would be a good investment for the taxpayers.
Jane Anderson of 11005 Hyland Terrace believed that figure skaters
are on the ice even earlier than those playing hockey. Many
were choosing figure skating clubs in other communities because
there was no ice time available in Eden Prairie. Ms. Anderson
did not understand why a $600,000 item on the referendum has
been defended so much compared to the $3 million for Miller
Park.
Tenpas asked how many families were involved in figure skating.
Ms. Anderson estimated the figure to be 200-250 individuals.
Tenpas asked how much additional ice time would be needed.
Ms. Anderson said the team needed three double sessions per
week.
Richard Anderson asked if figure skaters skate year-round.
Ms. Anderson said yes.
Sven Gafvert believed that a large amount of money was always
involved when discussing park facilities. He suggested clearing
the snow off Staring Lake or Red Rock Lake and using this
for skating. Tenpas commented that this would not solve the
ice problem for teams such as hockey and figure skating.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
January 31, 1989
-6-
Christine Dodge of 15850 Westgate Dr. said she understood that
the Hockey Association and Figure Skating Club would never
be able to pay for such a facility. She asked if this were true.
Lambert said yes. Ms. Dodge added that she understood that
some residents were not in favor of a second sheet of ice when
their families were not involved in hockey, yet they were expected
to help pay for it.
Harris stated that most items on the referendum will benefit the
entire community, not just certain groups.
Tenpas asked if the cost for an ice rink varied with either a
permanent or dome structure. Lambert said a permanent structure
would cost between $1.3-$1.5 million.
Bob Ahler of 19185 Maple Leaf Dr. was a firm supporter of the
second sheet of ice and believed sports, education and family
life go hand in hand.
Mark Namtvedt of 10885 Hyland Terrace believed the items on
this referendum will assure the quality of life the residents in
Eden Prairie deserved and also insured future growth of the
community.
Stan Notermann of 7103 Parkview Lane, who coached a hockey
team, commented that it was difficult for the youth to get involved
in the sport when they had to play in a different community
and not enough people showed up to play a game.
Tom Bierman questioned whether it would be feasible to have
the second sheet of ice in a different location, perhaps in the
area of Eden Prairie Center. Lambert will take this under consideration.
Al Gallus believed that the two sheets of ice should be kept
at the same location because of hockey tournaments, administration
costs, etc.
John Brand of 6938 Autumn Terrace, representing the Men's
Hockey Association, supported the second sheet of ice, but believed
the priority at this point should be land acquisition. He suggested
perhaps building the second sheet of ice in phases, as it had
been at Gustavus Adolphus College in St. Peter. Brand also
asked what was included in the $600,000 figure.
Councilmember Anderson asked what the situation was for broomball
and do they use recreational ice. Lambert said the second sheet
of ice could be used for broomball if there were time available.
UNAPROVED N1INUTES
EDEN PRAIRIE CITY COUNCIL
January 31, 1989
-7-
Craig Zemke of 14992 Williamsburg Ct. asked if any ice time was
been sold to teams from outside Eden Prairie. Lambert said
ke time was sold to non-residents only if the Eden Prairie team
was not able to use the time and sold it.
Zemke asked how many teams were involved and said he believed
that adding a second sheet of ice would not solve the problem
of early morning scheduling.
Stan McDonald of 19030 Deerfield Trail believed a second sheet
of ice would alleviate scheduling problems and add ice time.
Not only youth hockey, but also figure skating, broomball, adult
hockey and free skating could also use the ice. He also believed
that a bond referendum was a wise decision to consider at this
time.
Bob Hallett of 17051 Valley Road commended City staff for their
efforts and said he did not see any frills added to this referendum
list. Hallett also commented that it was very important to acquire
land for park use now and that the community itself will have
to decide on a second sheet of ice. He added that the community
has to support one another in order for the bond referendum
to pass.
Carla McCarty of 11007 Jackson Dr. believed the trails are important
for everyone in the community.
Mr. McDonald believed that an indoor running track would be
excellent for senior citizen, joggers, etc.
John Standal of 9955 Spring Road asked if the second sheet
of ice could be considered separately from the other questions
on the referendum.
Tom Bushard of 8750 Darnel Road believed everyone in the community
has to cooperate in order for the referendum to pass.
Candy LeGrand of 9866 Linden Dr. supported all items listed
for the bond referendum.
Pat Richard of 6793 Lorena Lane encouraged everyone to vote
and supported all items on the bond referendum.
Lambert clarified by stating that if all items listed were included
in the bond referendum for a total of $8.7 million, the additional
property taxes on an average priced home ($121,000) in Eden
Prairie would be $33.58 per year.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
January 31, 1989
-8-
Curt Connaughty of 11860 Sunnybrook Road was proud that so
much land has been acquired for parks and open space and
he supported all of the items listed for the referendum.
Pidcock addressed the audience regarding their cost concerns.
She said although the Council was fiscally conservative, they
also felt it was necessary to look at future needs.
Vicki Koenig added that she believed land acquisition is extremel
y
important and in the future the City will be happy they acquired
as much land as possible now.
Richard Anderson commented on the concern of early residents
of Eden Prairie who wanted to preserve the natural state of
the community. If this bond referendum does not pass, the
developers will acquire this land.
Tenpas thanked the residents for attending the meeting.
Peterson also commended the residents for attenclin" the meeting
and told them that a definite date for the bond referendum would
be set later this month.
V. DISCUSSION OF PROGRESS AT M.P.C.A. CASE HEARING
Peterson updated the Council on the status of the hearing and menti
o
n
e
d
that the residents' testimony had begun. He requested that Counci
l
members try to attend the hearings on Wednesday and Thursday,
February 1 & 2. Council members indicated their ability and willin
g
n
e
s
s
to attend part of these hearings.
VI. ADJOURNMENT
MOTION: Pidock moved to adjourn the meeting at 9:50 p.m. Harris
seconded the motion and it passed 5-0.
Respectfully submitted,
Lois Boettcher
Recording Secretary
30 7
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
February 21, 1989
CONTRACTOR (MULTI-FAMILY & COMM.)
PLUMBING
Alta Mechanical, Inc.
Andreasen Plumbing & Heating Co.
Available Plumbing, Inc.
Backdahl & Olson Plumbing & Heating
Bowler Co., Inc.
Dependable Well Company
Doc's Plumbing Company
Heating Consultants
R. C. Hoffman Plumbing, Inc.
Janecky Plumbing
Leo's Plumbing
Marsh Plumbing & Heating
McQuire & Sons Plumbing & Heating
Tom Motzko Plumbing & Heating Co.
Nybo-Peterson Plumbing Co., Inc.
P J Plumbing & Heating
Podany Plumbing
Pride Mechanical, Inc.
R.0 Plumbing
Regency Plumbing
Richfield Plumbing Company
Roto-Rooter Services Company
Royal Plumbing & Heating
Steve Schmit Plumbing
Schulties Plumbing, Inc.
Solar Mechanical
Spartan Mechanical, Inc.
State Mechanical, Inc.
TEK Mechanical Service, Inc.
Welter Blaylock, Inc.
Williams Mechanical Contractor
HEATING & VENTILATING
B & C Heating, Inc.
Bowler Co., Inc.
Cedar Valley Heating & Air Conditioning
Controlled Air
Ditter, Inc.
Flare Heating & Air Conditioning
Heating Consultants
Heat N Cool, Inc.
Lindemeier Service
P J Plumbing & Heating
Palen/Kimball Company
Ron's Mechanical, Inc.
Royal Plumbing & Heating
Sedgwick Heating & Air Conditioning
B.A.C., Inc.
Capitol Construction Group, Inc.
Robert W. Compton, Inc.
Hauenstein & Burmeister, Inc.
Notzlcr Construction, Inc.
M. A. Mortenson Co.
Dave Osborne Construction
Pump & Meter Service, Inc.
Rutledge Construction Co.
TCM Construction, Inc.
Volp Construction Co., Inc.
CONTRACTOR (1 & 2 FAMILY)
Deckworks
Harju Construction, Inc.
Jarip Builders
Kellett Builders, Inc.
R. A. Kot Homes
S. J. Kroiss
Lan-De-Con, Inc.
Rusty Lawrence Homes, Inc.
Luknic Enterprises, Inc.
Metro Handy Man, Inc.
Joe Miller Construction
David Modrow Homes, Inc.
Narr Construction, Inc.
North Star Services
Oakridge Builders, Inc.
Palmer House Builders
Plumline Construction,Inc.
Pow-Bel Construction
Ken Roelofs Construction
John Rohs Construction
Sawhorse, Inc.
T.P. Shillock Construction
J. Paul Sterns Company
Stordahl Construction
Touve Construction
Tricon Builders, Inc.
J. R. Uzzell Builders
Westenberg Construction
CLERK'S LICENSE APPLICATION LIST
page two
HEATING & VENTILATING (continued)
Spartan Mechanical, Inc.
Standard Heating & Air Conditioning
South-Town Refrigeration,Inc.
TEK Mechanical Service, Inc.
Thermex Corporation
Unique Air, Inc.
United Sheet Metal
Harris Waldinger Corporation
GAS FITTER
Alta Mechanical, Inc.
B & C Heating, Inc.
Backdahl & Olson Plumbing & Heating
Cedar Valley Heating & Air Cond.
Controlled Air
Ditter, Inc.
Economy Gas Installers, Inc.
Flare Heating & Air Conditioning
Heat N Cool, Inc.
Palen/Kimball Company
Leo's Plumbing
Marsh Plumbing & Heating
Tom Motzko Plumbing & Heating
Pride Mechanical, Inc.
Richfield Plumbing Co.
Ron's Mechanical, Inc.
Schulties Plumbing, Inc.
Sedgwick Heating & Air Conditioning
Standard Heating & Air Conditioning
TEK Mechanical Service, Inc.
Thermex Corporation
Unique Air, Inc.
UTILITY INSTALLER
State Mechanical, Inc.
Roto-Rooter Services Company
SCAVENGER
Roto-Rooter Services Company
Sullivan's Services
CIGARETTE
The W. Gordon Smith Company
The Kunz Oil Company
Mark's Eden Prairie Amaco
TYPE B FOOD
Blue Bell Ice Cream
Joan's Gift Baskets
The W. Gordon Smith Co.
TYPE C FOOD
The Kunz Oil Company
Mark's Eden Prairie Amaco
MECHANICAL GAMES
American Amusement Arcades
Dean-Superior Vending Company
REFUSE HAULER
Admiral Waste Management, Inc.
R & W Sanitation, Inc.
Reuter,Inc. DBA Waste Technology
WELL DRILLING
Dependable Well Company
Leuthner Well Company
Don Stodola's Well Drilling Co.
These licensys have been approved by the department heads resp
o
n
s
i
b
l
e
f
o
r
tAelicjenseq activity.
Pat Solie
Licensing
February 1, 1989
TO: Carl Jullie
City Manager
FROM: Ron Johnson
Fire Chief
SUBJECT: Alternative to Refurbishment of Engine 3
The 1989 budget contains $90,000 to refurbish Engine 3. This
engine is 11 years old and is due for this attention. If
refurbished, this engine would come back to us as close to
the configuration of our new engines as possible, but would
still have the old chassis, frame, motor, transmission, and a
reworked pump.
An alternative to this action would be to trade Engine 3 in
towards the purchase of a new engine meeting the same
specifications as those currently scheduled for delivery.
Current estimates are that purchasing a new truck by trading
in Engine 3 would cost an additional $10,000 to $20,000.
The advantages of simply replacing Engine 3 are many:
- We would not be without Engine 3 until the new
truck is delivered. Refurbishing would make up
short one engine for several months.
- The new engine would have a new pump, which by
design, is much more maintenance free than older
pumps.
- The new engine would have a new motor,
transmission, and frame.
- The new engine would be very consistant with the
trucks currently scheduled for delivery, which
will result in simplified training, equipment
procurement, and operating procedures.
When making this consideration, we must keep in mind that
Engine 2 is also in line for the same consideration.
0
(Continued)
Carl Jullie
February 1, 1989
page 2
My proposal is that we replace both Engine 3 and Engine 2
over a three year period. Because of the construction time
for engines, I believe the financial aspect can be easily
worked out. To best accomplish this, the following could be
done:
1989 Fire Budget - $90K (Engine 3)
1990 Fire Budget - $20K (Engine 3)
$60K (Engine 2)
New Engine 3 delivered in 1990
1991 Fire Budget - Balance (Engine 2)
I would also purpose that we bid the replacement engines both
at the same time, indicating that Engine 2 will not be
ordered until 1990. This action should lock in a better
price, and make further cost reductions available, i.e. pre-
chassis, payment discounts.
Please give this your best consideration, as the truck
committee and I feel this proposal is in the best interest of
the firefighters and the citizens of Eden Prairie.
Please advise.
RJ/cl
Elim Shores
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 56-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN
LAND WITHIN THE RM-2.5 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 zoning of
land be amended within the RM-2.5 District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is amended within the RM-2.5 District and shall be included hereafter in
the RM-3.5 District, and the legal descriptions of land in said District referred
to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and is
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 21, 1989, entered into
between Elim Homes, Inc., a Minnesota corporation, and the City of Eden Prairie, and
that certain Owner's Supplement to Developer's Agreement, between Norwest Bank and
the City of Eden Prairie, dated as of February 21, 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 13th 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 21st day of
February, 1989.
ATTEST:
John D. Frane, City Clerk
Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
Exhibit A
Elim Homes
Legal Description
Outlot A, North Bay of Timber Lakes 2nd Add
i
t
i
o
n
,
a
c
c
o
r
d
i
n
g
t
o
t
h
e
plat on file and of record in the office of
t
h
e
C
o
u
n
t
y
R
e
c
o
r
d
e
r
,
H
e
n
n
e
p
i
n
County, Minnesota.
Elim Shores
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1989, by
Elim Homes, Inc., a Minnesota corporation, hereinafter referred to as "D
e
v
e
l
o
p
e
r
,
"
and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referr
e
d
to as
"City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District Amendment with
i
n
the RM-2.5 Zoning District on 8.36 acres, with variances, and Preliminary
P
l
a
t
of
8.36 acres into three lots for construction of a 64-unit senior housing
f
a
c
i
l
i
t
y
,
situated in Hennepin County, State of Minnesota, more fully described in E
x
h
i
b
i
t
A
,
attached hereto and made a part hereof, and said acreage hereinafter referr
e
d
t
o
a
s
"the property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance #56-88
,
Developer covenants and agrees to construction upon, development, and mainte
n
a
n
c
e
o
f
said property as follows:
1. Developer shall develop the property in conformance with the
materials revised and dated December 8, 1988, reviewed and approved
by the City Council on December 13, 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. Prior to release by the City of the final plat for the property,
Developer agrees to amend the Tax Increment Financing (TIF) Plan for
the property to include the following provisions as benefit to the City for granting of the funding for the project through the TIF program:
4
4sko
A. A marketing plan shall be prepared and shall incl
u
d
e
marketing to Eden Prairie residents. Developer agrees
t
o
present said marketing plan to the Director of Hu
m
a
n
Resources and Services, and to obtain the Director's
approval of said plan, prior to release of any TIF funds
b
y
City.
B. Plans to guarantee and assure that no less than 12 un
i
t
s
shall be retained and made available exclusively for
low/moderate income individuals. Developer agrees
t
o
present said plans to the Director of Human Resources a
n
d
Services, and to obtain the Director's approval of sa
i
d
plan, prior to release of any TIF funds by City.
C. Literature describing the facility, its amenities, t
h
e
opportunity for subsidized housing, and the progra
m
s
available to the attention of residents of Eden Prairi
e
.
D eve l oper agrees to present said literature to the Director
of Human Resources and Services, and to obtain t
h
e
Director's approval of said literature prior to release
o
f
any TIF funds by City.
D. Rental/lease documents to be signed by future residen
t
s
o
f
the facility, which include a maximum 30-day loss provi
s
i
o
n
for cancellation of the rental contract for health/d
e
a
t
h
reasons. Developer agrees to present said documents to
t
h
e
Director of Human Resources and Services, and to obtain
t
h
e
Director's approval of said documents prior to releas
e
o
f
any rIF funds by City.
4. Prior to release by the City of the final plat for t
h
e
p
r
o
p
e
r
t
y
.
Developer shall submit to the City Engineer, and receiv
e
t
h
e
C
i
t
y
Engineer's approval of plans for streets, sanitary sewe
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 ab
o
v
e
i
n
s
a
i
d
plans, as approved by the City Engineer, in accordance
w
i
t
h
E
x
h
i
b
i
t
C, attached hereto.
5. Prior to release by the City of the final plat for th
e
p
r
o
p
e
r
t
y
,
Developer agrees to submit to the City, and to obtain
t
h
e
C
i
t
y
'
s
approval of, a cross access and maintenance agreement wit
h
o
w
n
e
r
s
o
f
the property to the south, North Bay of Timber Lakes
H
o
m
e
o
w
n
e
r
s
'
Association. Developer agrees to file said agreement
a
t
H
e
n
n
e
p
i
n
County and to provide proof of filing to the City prio
r
t
o
C
i
t
y
'
s
release of said final plat.
6. Prior to issuance of any permit for grading or construc
t
i
o
n
o
n
t
h
e
property, Developer agrees to submit to the Director of
P
l
a
n
n
i
n
g
,
and to obtain the Director's apornvAl of the following:
A. A revised site plan which provides for a 28-foot wi
d
e
driveway access onto the property.
B. A revised landscape plan which provides for additional mass
plantings of shrubs and conifers to screen parking areas
from County Road #4.
C. A revised site plan which depicts rest benches and a
terraced patio with gas barbeque equipment and picnic tables
adequate to service the resident population of the
structure. Said revised site plan shall include an area
designated for resident gardens.
D. Detailed plans for lighting to be located on the property,
including lighting to be located on the structure and
depicting lighting for the walkways and trails.
E. Detailed plans for signage to be located on the property,
including any signage to be located on the structure.
F. Detailed plans indicating compliance with City Code
requirements for exterior materials to be implemented on the
structure on the property.
Upon approval by the Director of Planning, Developer agrees to
implement, or cause to be implemented, those improvements listed
above, as approved by the Director of Planning, in accordance with
the terms and conditions of Exhibit C, attached hereto.
7. Prior to release of any building permit for the property, Developer
agrees to submit to the City, and to obtain the City's approval of,
revised plans which provide for the following:
A. Detailed construction plans for a canopy which shall extend
out from the structure to the driveway drop-off area. Said
plans shall include provision for protected or sheltered
benches adjacent to the building entryway.
B. Detailed construction plans for all bathrooms to
handicapped accessible.
C. Detailed construction plans for public restrooms, which
shall be handicapped accessible, to be located in the lobby
of the structure.
D. Detailed construction plans providing for raised and easily
accessible electrical outlets within each of the residential
units.
E. Detailed construction plans for grab bars and hand rails in
all hallways and bathrooms.
F. A public telephone to be located in the lobby of the
structure.
Upon approval by the City, Developer agrees to implement, or cause
/
to be implemented, those plans and features listed abov
e
,
a
s
approved by the City, in accordance with the terms and conditi
o
n
s
o
f
Exhibit C, attached hereto.
8. Developer shall notify the City and the Watershed District 48
h
o
u
r
s
prior to any grading, tree removal, or tree cutting on the prop
e
r
t
y
.
9. Prior to issuance by City of any building permit for the prop
e
r
t
y
,
Developer agrees to submit to the Director of Human Resource
s
a
n
d
Services, and to obtain the Director's approval of, the foll
o
w
i
n
g
items for management of the facility:
A. A detailed security and emergency plan which includes:
1) 24-hour monitoring of emergency cords within the
individual units and recreation facilities on the
property.
2) Staffing plans for the building during normal
business hours (Monday - Friday, 9:00 a.m. to 5:00
P.m.), evenings, and weekends.
3) Health emergency training and notification plan.
B. A program plan for activities to be managed by the facility
staff, or coordinated by facility staff with other agencies
within the community.
C. A Tenant's Advisory Board, with shall include provision for
an annual discretionary budget for said board, totalling a
minimum of two (2) times the cost of the prevailing market
rent for a single unit in the facility.
D. A transportation plan which shall include, but not be
limited to, provision of transportation for church,medical,
social, and routine outings for residents of the facility.
E. A congregate dining program based on one meal per person per
day, and a food service plan approved by the Minnesota
Department of Health.
F. A building maintenance plan which includes grounds
maintenance, common area maintenance, and weekly housekeeping of occupied units.
Upon approval by the Director of Human Resources and Serv
i
c
e
s
,
Developer agrees to implement, or cause to be implemented,
s
a
i
d
management plans and programs, as approved by the Director of
H
u
m
a
n
Resources and Services, in accordance with the terms and condi
t
i
o
n
s
of Exhibit C, attached hereto.
10. Concurrent with building construction on the property, Deve
l
o
p
e
r
agrees to construct the public trail along County Road #4, as depicted in Exhibit B, attached hereto. Said public trail shal
l
be ' handicapped accessible.
Developer further agrees that all internal private walk
w
a
y
s
a
n
d
trails as depicted in Exhibit R shall be constructed concur
r
e
n
t
w
i
t
h
building construction and that said internal private walk
w
a
y
s
a
n
d
trails shall be handicapped accessible, particularly in
a
r
e
a
s
o
f
major grade change on the property.
Construction of all said trails, both public and intern
a
l
p
r
i
v
a
t
e
,
all as depicted in Exhibit B, attached hereto, shall be
b
o
n
d
e
d
a
n
d
constructed in accordance with the terms and conditions of
C
i
t
y
C
o
d
e
Chapter 12 and in accordance with Exhibit C, attached here
t
o
.
11. Concurrent with construction, and prior to issuance of an
y
o
c
c
u
p
a
n
c
y
permit for the structure on the property, Developer agrees
t
o
n
o
t
i
f
y
the Police and Facilities, Safety, and Inspections Depar
t
m
e
n
t
s
f
o
r
the purposes of inspections of the structure for its fi
r
e
s
a
f
e
t
y
,
medical emergency notification system, and securi
t
y
o
f
t
h
e
entrances, locks, and underground parking areas. No
o
c
c
u
p
a
n
c
y
permits shall be issued by City until said inspections ar
e
a
p
p
r
o
v
e
d
by City.
Developer agrees that the senior structure shall remain a
s
a
s
e
n
i
o
r
facility, and that it shall not convert to family housin
g
,
o
r
f
o
r
sale housing, for a period of at least eighteen (1
8
)
y
e
a
r
s
,
beginning on the date of the occupancy by resident
s
o
f
t
h
e
structure.
Elim Homes
OWNERS' SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
ELIM HOMES, INC.
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
, 1989, by
and between Norwest Bank, a Minnesota corporation, hereinafter referred to as
"Owner," and the City of Eden Prairie, hereinafter referred to as "City:"
For and in consideration of, and to induce, City to adopt Ordinance #56-88
amending the zoning of the property owned by Owners within the RM-2.5 District, as
more fully described in that certain Developer's Agreement entered into as of
, 1989, by and between Elim Homes, Inc., and City, Owners agree
with the City as follows:
1. If Elim Homes, Inc., fails to proceed in accordance with the
Developer's Agreement within 24 months of the date hereof, Owner
shall not oppose the rezoning of the property to Rural.
2. This Agreement shall be binding upon and enforceable against Owner,
their successors, heirs, and assigns of the property.
3. If the Owner transfers such property, Owner shall obtain an
agreement from the transferree requiring that such transferee agree
to the terms of the Developer's Agreement.
CITY
Gary D. Peterson, Mayor
.:174
Carl J. Jullie, City Manager
• ,o,ao4AlitarAL,••-•
•
Elim Shores
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-36
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 56-88 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 56-88 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 21st 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. 56-88, 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. 56-88 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 21, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
Elim Shores
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 56-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN
LAND WITHIN THE RM-2.5 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:
1.2112EY: This Ordinance allows amendment of the zoning of land
located west of County Road #4, east of Mitchell Lake Road within the RM-2.5
District, subject to the terms and conditions of a developer's agreement. Exhibit
A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/John D. Frane
/s/Gary D. Peterson
City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the day of
, 1989.
(A full copy of the text of this Ordinance is available from the City Clerk.)
'4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE, MINNESOTA, APPROVING THE
ISSUANCE AND SALE OF THE CITY'S $4,100,000
MULTIFAMILY HOUSING REVENUE BONDS (ELIM SHORES
PROJECT) SERIES 1989 AND AUTHORIZING THE
APPROVAL AND EXECUTION OF RELATED DOCUMENTS
AND THE APPROVAL OF RELATED MATTERS
WHEREAS, pursuant to and in accordance with the
provisions of Minnesota Statutes, Chapter 462C and Chap
t
e
r
4
6
9
(collectively the "Act"), and a Resolution of the City
C
o
u
n
c
i
l
o
f
the City of Eden Prairie (the "City") adopted on Octobe
r
1
8
,
1
9
8
8
by appropriate action duly taken by the City, and in fu
r
t
h
e
r
a
n
c
e
of the purposes of the Act, the City has previously dec
l
a
r
e
d
i
t
s
intention to provide financing for the acquisition and
construction of a 64 unit housing facility for elderl
y
p
e
r
s
o
n
s
(the "Project") (as defined in more detail in the Loan
Agreement); and
WHEREAS, the City is willing to issue its $4,100,000,
Multifamily Housing Revenue Bonds (Elim Shores Projec
t
)
,
S
e
r
i
e
s
1989 (the "Series 1989 Bonds") pursuant to an Indentu
r
e
o
f
T
r
u
s
t
dated as of March 1, 1989 between the City and Marquet
t
e
B
a
n
k
Minneapolis, National Association, as Trustee (the "In
d
e
n
t
u
r
e
"
)
,
and to apply the proceeds of the Series 1989 Bonds to
f
i
n
a
n
c
e
a
portion of the costs of this Project; and
WHEREAS, the issuance and sale of the Series 1989 Bond
s
and deposit of the proceeds thereof in the Funds and A
c
c
o
u
n
t
s
a
s
provided in the Indenture shall constitute a loan of $
4
,
1
0
0
,
0
0
0
to the Company as provided in the Loan Agreement dated
a
s
o
f
March 1, 1989 between the City and Elim Shores, Inc.,
a
M
i
n
n
e
s
o
t
a
nonprofit corporation (the "Company") (the "Loan Agree
m
e
n
t
"
)
;
a
n
d
WHEREAS, such loan together with moneys contributed by
the Company will be applied to pay for costs of constr
u
c
t
i
n
g
a
n
d
equipping the Project pursuant to a Disbursing Agreemen
t
(
a
s
defined in the Loan Agreement); and
WHEREAS, to secure payments under the Loan Agreement an
d
the performance of other obligations of the Company, th
e
C
o
m
p
a
n
y
will execute and deliver a Combination Mortgage, Securi
t
y
Agreement and Fixture Financing Statement dated as of M
a
r
c
h
1
,
1989 (the "Mortgage") to the Trustee to secure the Seri
e
s
1
9
8
9
Bonds; and
WHEREAS, to enhance the marketability of the Bonds, El
i
m
Homes, Inc., a Minnesota nonprofit corporation (the "
G
u
a
r
a
n
t
o
r
"
)
has agreed to guaranty payment of the Bonds pursuant
t
o
a
Guaranty Agreement dated as of March 1, 1989 between t
h
e
Guarantor and the Trustee (the "Guaranty");
WHEREAS, Dougherty, Dawkins, Strand & Yost Incorporated
(the "Underwriter") has indicated to the City its desire to
purchase the Series 1989 Bonds upon the terms and conditions set
forth in a Bond Purchase Agreement described below;
WHEREAS, pursuant to Minnesota Statutes, Chapter 469,
the Housing and Redevelopment Authority in and for the City of
Eden Prairie (the "HRA") and the City have established a Housing
District and have approved a tax increment financing plan (the
"Tax Increment Financing Plan") which provides that the Company
shall set aside and make available to certain low and moderate
income elderly persons at least seventy-five percent (75%) of the
units in the Project pursuant to the terms and conditions of the
Tax Increment Financing Plan; and
WHEREAS, the Tax Increment Financing Plan further
provides for an interest reduction program pursuant to which a
portion of the tax increments received by the BRA from the
Housing District shall be applied to reduce interest cost on the
Bonds; and
WHEREAS, to implement the Tax Increment Financing Plan
it is proposed that the City, BRA and Company enter into an
Interest Rate Reduction Assessment Agreement and a Development
Agreement, each dated as of March 1, 1989 (herein, the
"Development Agreements"); and
NOW, THEREFORE, BE IT RESOLVED by the Council as
follows:
Section 1. The City hereby finds and determines that:
(a) By virtue of the Act, the City has been vested with
all powers necessary and convenient to carry out
and effectuate the purposes and provisions of the
Act and to exercise all powers granted to it under
the Act.
(b) The Project constitutes a "multifamily housing
development" as such term is now defined in and as
authorized by Minnesota Statutes, Section 462C.02,
Subd. 5.
(c) The acquisition, construction and operation of the
Project will further the purposes stated in the
Act.
(d) It is desirable and in the public interest for the
City to issue and sell the Series 1989 Bonds upon
the terms and conditions set forth in the
Indenture, for the purpose of financing the loan
pursuant to the Loan Agreement.
2
(e) To enhance the marketability of the Series 1989
Bonds, Elim Homes, Inc., a Minnesota nonprofit
corporation will guarani.), the payment of the
principal and purchase price of, and premium, if
any, and interest on the Series 1989 Bonds and the
obligations of the Company under the Loan
Agreement, all as provided in the Guaranty.
(f) The issuance of the Series 1989 Bonds is authorized
by the Act and it is necessary and desirable that
the Series 1989 Bonds in an amount not to exceed
$4,100,000 be issued by the City upon the terms set
forth in the Indenture, under the provisions of
which Indenture the payments thereunder will be
pledged to the Trustee as security for the payment
of principal and interest on the Series 1989 Bonds.
(9) The payments required by the Loan Agreement are
fixed and required to be revised from time to time
as necessary, so as to produce income and revenues
sufficient to provide for prompt payment of
principal and purchase price of and interest on all
Series 1989 Bonds issued under the Indenture when
due, and the Loan Agreement also provides that the
Company is required to pay all expenses of the
operation and maintenance of the project including,
but without limitation, adequate insurance thereon
and insurance against all liability for injury to
persons or property arising from the operation
thereof, and all taxes and special assessments
levied upon or with respect to the Project and
payable during the term of the Loan Agreement.
(h) Under the provisions of the Act, and as provided in
the Loan Agreement and Indenture, the Series 1989
Bonds are not to be payable from nor charged upon
any funds other than the revenues pledged to the
payment thereof; the City is not subject to any
liability thereon (except with respect to such
revenues); no holders of the Series 1989 Bonds
shall ever have the right to compel any exercise of
the taxing powers of the City to pay any of the
Series 1989 Bonds or the interest thereon (except
and as expressly provided in the Development
Agreements), nor to enforce payment thereof against
any property of the City; the Series 1989 Bonds
shall not constitute a charge, lien or encumbrance,
legal or equitable upon any property of the City
(except with respect to such revenues); each Series
1989 Bond issued under the Indenture shall recite
that the Series 1989 Bonds, including interest
thereon, are payable solely from the revenue
pledged to the payment thereof; and no Series 1989
Bond shall constitute a debt of the City within the
3
meaning of any constitutional or statutory limita-
tion.
(i) Under Section 103(a) and Section 149(e) of the
Internal Revenue Code of 1986, as amended, and the
applicable regulations of the Department of the
Treasury promulgated thereunder (the "Code"), the
interest on an issue of qualified 501(c)(3) bonds
issued by a political subdivision of a state for
certain facilities is not includible in gross
income for Federal income tax purposes, subject to
the limitations and requirements of the Code,
including the filing by such political subdivision
of a statement providing information required by
the Code on IRS Form No. 8038 (the "Information
Statement").
Section 2. In consequence of the foregoing, the City hereby
determines (i) to issue and sell the Series 1989
Bonds to the Underwriter in accordance with the
terms and conditions as set forth in the Bond
Purchase Agreement (the "Bond Purchase Agreement")
to be dated on or about March 1, 1989 by and among
the City, the Underwriter and the Company, such
Series 1989 Bonds to be sold and delivered in the
manner, at a purchase price of not less than 98% of
the par amount thereof, plus accrued interest
thereon, and on the terms and conditions set forth
in the Bond Purchase Agreement (which terms and
conditions may include provision for serial and
term Bonds resulting in substantially level debt
service payments over a term of approximately
thirty years, a weighted average interest rate on
the Bonds not to exceed nine and one-half percent
(9.5%), and total underwriter's compensation of
approximately three and three-quarters percent
(3.75%) of the par amount of the Bonds); (ii) to
apply all of the Series 1989 Bond proceeds to
finance the Project; (iii) to execute and deliver
the Loan Agreement, the Disbursing Agreement, the
Development Agreement, the Assessment Agreement and
the Indenture; (iv) to secure the Bonds by pledging
and assigning to the Trustee certain of the City's
rights and remedies under the Loan Agreement and
certain moneys due and to become due thereunder,
pursuant to the Indenture; (v) to execute an
Arbitrage Certificate in connection with the
issuance of the Series 1989 Bonds; (vi) to file the
Information Statement in connection with the
issuance of the Series 1989 Bonds and (vii) to take
such other actions as are necessary or appropriate
to consummate the transactions contemplated by the
documents and instruments approved ilereby.
4
Section 6.
The form and substance of the Series 1989 Bonds
(in substantially the forms contained in the form of Indenture presented to this meeting) are hereby
approved.
The form and substance of the following documents
(in substantially the forms presented to this
meeting of the Council) are hereby approved: the
Bond Purchase Agreement, the Indenture, the Loan
Agreement, the Mortgage, the Development
Agreements, the Disbursing Agreement and the
Guaranty.
The City hereby consents to the distribution and
use of the Official Statement, to be dated on or
about the date of this Resolution (substantially in
the form of the draft of the Preliminary Official
Statement dated February 15, 1989 as on file with
the City, with such changes, revisions or
supplements contemplated by the Bond Purchase
Agreement), as contemplated by the Bond Purchase
Agreement, in substantially the form submitted to
this meeting of the Council. Notwithstanding the
foregoing, howcyrr, the City assumes no
responsibility for the contents or use of such
Official Statement.
The Mayor and the Manager of the City are hereby
authorized, on behalf of the City, to execute and
deliver the Bond Purchase Agreement, the Series
1989 Bonds, the Indenture, the Loan Agreement and
the Development Agreements (collectively, the
"Financing Documents"), and the Clerk of the City
is hereby authorized to affix the seal of the City
and to attest the same, all in substantially the
forms thereof presented to this meeting with such
changes, variations, omissions and insertions,
including final interest rates, underwriter's
discount and changes in dates of documents to
conform with the date of delivery of the Series
1989 Bonds, as the Mayor and the Manager shall
approve (such execution, delivery, affixation of
the seal and attestation thereof with respect to
the Series 1989 Bonds, however, notwithstanding the
foregoing, to occur as provided in the
Indenture). The execution and delivery of such
Financing Documents by the Mayor and the Manager
shall constitute conclusive evidence of such
approval. Copies of the documents shall be
delivered, filed and recorded as provided therein.
Section 3.
Section 4.
Section 5.
5
Section 7.
Section 8.
The Mayor and the Manager are hereby authorized
and directed for and in the name and on behalf of
the City to do all acts and things contemplated,
required or provided for by the provisions of the
Financing Documents, and to execute and deliver all
such additional certificates, instruments and
documents, including the Arbitrage Certificate and
the Information Statement, and to do all such
further acts and things as may be necessary or, in
the opinion of the Mayor and the Manager, desirable
and proper to effect the purposes of the foregoing
resolution and to cause compliance by the City with
all of the terms, covenants and provisions of the
Financing Documents, including, without limitation,
such certificates, acts and things as may be
required by Bond Counsel and approved by the City
Attorney, to show the facts relating to the
legality and marketability of the Series 1989
Bonds.
This Resolution shall take effect immediately, and
the Bonds are hereby ordered to be issued in
accordance with this Resolution.
Approved and adopted this day of February, 1989.
Mayor
Attest:
Clerk
6
Zachman Brothers 1st Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 58-98
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 RM-6.5 Districts and be placed in the R1-9.5 District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural and RM-6.5 Districts and shall be included
hereafter in the R1-9.5 District, and the legal descriptions of land in each
District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B,
shall be, and are amended accordingly.
Section 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 21, 1989, entered into
between Zachman Development Corporation, a Minnesota corporation, and the City of
Eden Prairie, which Agreement is hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 13th 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 21st day of
February, 1989.
ATTEST:
John D. Frane, City Clerk
Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
EXHIBIT A
Zachman Brothers 1st Addition
Legal Description
The North 683 feet of the East 335 feet of the Northwest Quarter of the
Northeast Quarter of Section 23, Township 116, Range 22, Hennepin County,
Minnesota.
Zachman Brothers 1st Addition
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1989, by
Zachman Development Corporation, a Minnesota corporation, hereinafter referred to as
"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter
referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Comprehensive Guide Plan
Amendment from Low Density Residentoal to Medium Density Residential on five acres,
Zoning District Change from Rural and RM-6.5 to R1-9.5 on five acres, with variances
approved by the Board of Appeals, and Preliminary Plat of five acres into 16 single
family residential lots and road right-of-way, situated in Hennepin County, State of
Minnesota, more fully described in Exhibit A, attached hereto and made a part
hereof, and said acreage hereinafter referred to as "the property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance #58-88,
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 7, 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. Prior to release by the City of the final plat for the property,
Developer shall submit to the City Engineer, and receive the City
Engineer's approval of plans for streets, sanitary sewer, water,
storm sewer, and erosion control for the property.
Upon approval by the City Engineer, Developer shall construct, or
cause to be constructed, those improvements listed above in said
plans, as approved by the City Engineer, in accordance with Exhibit
C, attached hereto.
4. Developer shall notify the City and the Watershed District 48 hours
prior to any grading, tree removal, or tree cutting on the property.
5. Prior to issuance of any grading permit, Developer shall submit to
the Director of Planning and obtain the Director's approval of a
tree inventory of those trees within 25 ft. outside of the
construction 'area, which are not planned to be removed by
construction on the property as approved by City, indicating the
size, type, and location of all significant trees which are twelve
(12) inches in diameter, or greater, at a level 4.5 feet above
ground level.
6. Developer agrees to implement erosion control measures and adequate
protective measures for areas to be preserved and areas where
grading is not to occur, and to obtain City approval of said
measures. Developer agrees that said protective measures shall
include, but not be limited to:
A. Grading shall be confined to that area of the property
within the construction limits.
B. Snow fencing shall be placed at the construction limits
within the wooded areas of the property prior to any grading
upon the property.
C. City shall perform an on-site inspection of said protective
measures on the property by the City. Developer shall
contact City for said inspection. Developer agrees that
defects in materials and workmanship in the implementation
of said measures shall then be determined by the City.
D. Defects in materials or workmanship, if any, shall be
corrected by Developer. Developer agrees to call City for
reinspection of the implementation measures, and to receive
approval by the City prior to issuance of the grading permit
by the City. Approval of materials and workmanship may be
subject to such conditions as the City may impose at the
time of acceptance.
7. If any significant trees as described in #5 above are removed,
damaged, or destroyed outside of the construction area, Developer
agrees that prior to issuance of any building permit for the
property, Developer shall:
A. Submit to the Director of Planning, and obtain the
Director's approval of a reforestation plan for all
significant trees removed, damaged, or destroyed outside of
the construction area. Said plan shall indicate that the
trees shall be replaced by similar tree species and that the
trees used for reforestation shall be no less than three
inches in diameter. The amount of trees to be replaced
shall be determined by the Director of Planning, using a
diameter inch basis, according to a cross sectional cut
through the diameter of a tree as measured 4.5 feet above
the ground.
B. Prepare and submit to the Director of Planning, and receive
the Director's approval of a written estimate of the costs
of the reforestation work to be completed.
C. Submit a bond, or letter of credit, guaranteeing completion
of all reforestation work as approved by the Director of
Planning. Developer agrees that the amount of the bond, or
letter of credit, shall be 150% of the approved estimated
cost of implementation of all reforestation work and shall
be in such form and contain such other provisions and terms
as may be required by the Director of Planning.
Upon approval by the Director of Planning, Developer shall
implement, or cause to be implemented, those improvements listed
above in said plans, as approved by the Director of Planning.
8. Developer has submitted to the City, and obtained the City's
approval of Director's approval of, a tree replacement plan for 87
caliper inches of trees which are planned to be removed from the
property due to construction on said property as approved by City.
Developer agrees to implement, or cause to be implemented, said tree
replacement plan, in accordance with the tree replacement policy of
the City, attached hereto as Exhibit 0, and made a part hereof.
9. Prior to issuance of any building permit on the property, Developer
agrees to submit to the Director of Planning, and to obtain the
Director's approval of a housing style location plan, indicating the
style of home to be located on each lot of the property. Said plans
shall provide that no to substantially similar housing styles shall
be located directly adjacent, directly across, or diagonally across
from each other.
Upon approval by the Director of Planning, Developer agrees to
implement, or cause to be implemented, said housing style location
plan, as approved by the Director of Planning, in accordance with
the terms and conditions of Exhibit C, attached hereto.
Zachman Brothers 1st Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-37
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 58-88 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 58-88 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 21st 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 sumary of Ordinance No. 58-88, 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. 58-88 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 21, 1989.
Gary D. Peterson, May
ATTEST:
John D. Irene, City Clerk
Zachman Brothers 1st Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 58-88
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND F
R
O
M
O
N
E
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS O
F
L
A
N
D
IN EACH DISTRICT, AND ADOP -ING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This Ordinance allows rezoning of land located at the
southwest corner of Franlo Road and Preserve Boulevard from the Rural and R
M
-
6
.
5
Districts to the R1-9.5 District, subject to the terms and conditions
o
f
a developer's agreement. Exhibit A, included with this Ordinance, gives the
f
u
l
l
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 the City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-31
A RESOLUTION APPROVING FINAL PLAT OF
ZACHMAN BROTHERS FIRST ADDITION
WHEREAS, the plat of ZACHMAN BROTHERS FIRST ADDITION has been su
b
m
i
t
t
e
d
i
n
a
manner required for platting land under the Eden Prairie Ordina
n
c
e
C
o
d
e
a
n
d
under Chapter 462 of the Minnesota Statutes and all proceeding
s
h
a
v
e
b
e
e
n
duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City
p
l
a
n
a
n
d
t
h
e
regulations and requirements of the laws of the State of M
i
n
n
e
s
o
t
a
a
n
d
ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
E
D
E
N
P
R
A
I
R
I
E
:
A. Plat approval request for ZACHMAN BROTHERS FIRST ADDITION i
s
approved upon compliance with the recommendation of the Cit
y
Engineer's report on this plat dated FEBRUARY 15, 1989.
B. That the City Clerk is hereby directed to supply a certified copy o
f
this Resolution to the owners and subdivision of the above nam
e
d
plat.
C. That the Mayor and City Manager are hereby authorized to execute th
e
certificate of approval on behalf of the City Council upo
n
compliance with the foregoing provisions.
ADOPTED by the City Council on FEBRUARY 21, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technician
DATE: February 15, 1989
SUBJECT: ZACHMAN BROTHERS FIRST ADDITION
PROPOSAL: The Developers, Zachman Development Corporation, ha
v
e
r
e
q
u
e
s
t
e
d
C
i
t
y
C
o
u
n
c
i
l
approval of the final plat for Zachman Brothers Fir
s
t
A
d
d
i
t
i
o
n
,
a
s
i
n
g
l
e
f
a
m
i
l
y
residential subdivision located west of Preserve Bo
u
l
e
v
a
r
d
a
n
d
s
o
u
t
h
o
f
F
r
a
n
l
o
Road in the North half of Section 23. The plat conta
i
n
s
5
.
0
a
c
r
e
s
t
o
b
e
d
i
v
i
d
e
d
into 16 single family lots and right-of-way dedicatio
n
f
o
r
s
t
r
e
e
t
p
u
r
p
o
s
e
s
.
HISTORY: The preliminary plat was approved by the City Counci
l
o
n
D
e
c
e
m
b
e
r
1
3
,
1
9
8
8
per Resolution 88-277.
Second reading of Ordinance 58-88, changing zoning
f
r
o
m
R
u
r
a
l
a
n
d
R
M
-
6
.
5
t
o
R
1
-
9.5, is scheduled for final approval at the City
C
o
u
n
c
i
l
m
e
e
t
i
n
g
t
o
b
e
h
e
l
d
February 21, 1989.
The Developer's Agreement referred to within t
h
i
s
r
e
p
o
r
t
i
s
s
c
h
e
d
u
l
e
d
f
o
r
execution February 21, 1989.
VARIANCES: All variance requests must be processed through th
e
B
o
a
r
d
o
f
A
p
p
e
a
l
s
.
UTILITIES AND STREETS: All municipal utilities, roadways and walkways
w
i
l
l
b
e
installed throughout the plat in conformance wit
h
t
h
e
C
i
t
y
S
t
a
n
d
a
r
d
s
a
n
d
t
h
e
requirements of the Developer's Agreement. Prior
t
o
r
e
l
e
a
s
e
o
f
t
h
e
f
i
n
a
l
p
l
a
t
,
drainage and utility easements shall be revised alon
g
t
h
e
p
r
o
p
o
s
e
d
u
t
i
l
i
t
y
e
x
t
e
n
-
sions to accomodate said utilities.
PARK DEDICATION: The requirements for park dedication are covered
i
n
t
h
e
D
e
v
e
l
o
p
e
r
'
s
Agreement.
BONDING: Bonding must conform to City Code and the Develope
r
'
s
A
g
r
e
e
m
e
n
t
.
RECOMMENDATION: Recommend approval of the final plat of Zachman
B
r
o
t
h
e
r
s
F
i
r
s
t
Addition subject to the requirements of this repor
t
,
t
h
e
D
e
v
e
l
o
p
e
r
'
s
A
g
r
e
e
m
e
n
t
,
and the following:
1. Receipt of street sign fee in the amount of $374.00.
2. Receipt of street lighting fee in the amount of $2,1
6
0
.
0
0
.
3. Receipt of engineering fee in the amount of $640.00.
4. Satisfaction of bonding requirements
5. Revision of drainage and utility easements along util
i
t
y
e
x
t
e
n
s
i
o
n
c
o
r
r
i
d
o
r
.
JJ:ssa
cc: Zachman Development Corporation
Ron Krueger and Associates
-MEMORANDUM-
TO: Carl Jullie, City Manager
FROM: Alan D. Gray, P.E.6:z4
City Engineer
DATE: February 16, 1989
RE: TEMPORARY CONSTRUCTION EASEMENT TO MN-DOT FOR TH 169
MnDOT is requesting a temporary construction easement over a portion of
Tracts A and B Registered Land Survey No. 423 owned by the City of Eden
Prairie. The temporary construction easement requested by MnDOT is over
a strip adjacent to the right-of-way for TH 169 approximately 70 feet in
length and 10 feet in width and lying in the Southwesterly corner of
Tracts A and B Registered Land Survey No. 423.
Attached to this memo is a copy of the temporary easement document
prepared by MnDOT and a copy of the drawing showing the location of the
temporary easement. In accordance with the easement document, the
temporary easement would cease on December 31, 1993.
The Engineering Division recommends approval of the temporary easement
to MnDOt for highway construction purposes.
ADG:ssa
TEMPORARY EASEMENT
Date:
19
Parcel 29
County of Hennepin
For a valuable consideration, City of Eden Prairie, a municipal
corporation under the laws of the State of Minnesota, Grantor,
hereby grants to the State of Minnesota a temporary easement to be
used for highway purposes on all that part of the following
described property in Hennepin County, Minnesota:
The right to use that part of Tract I described below for highway
purposes, which right shall cease on December 1, 1993, or on such
earlier date upon which the Commissioner of Transportation
determines by furmal order that it is no longer needed for highway
purposes:
Tract 1. Tracts A and B, Registered Land Survey No. 423, Files of
Registrar of Titles, County of Hennepin, Minnesota; the
title thereto being registered as evidenced by
Certificate of Title No. 516584;
which lies southeasterly of a line run parallel with and distant 70
feet northwesterly of Line A described below:
Line A. Beginning at a point on the south line of Section 14,
Township 116 North, Range 22 West, distant 222.91 feet
east of the southwest corner thereof; thence run
northeasterly at an angle of 36 degrees 50 minutes 54
seconds from said south section line (measured from east
to north) for 1709.89 feet and there terminating.
Grantor is the owner of the above described premises and has the
lawful right and authority to convey and grant the temporary
easement herein granted.
And the said grantor, for itself, its successors and assigns, does
hereby release the State of Minnesota, its successors and assigns,
from any claims for damages to the above-described area covered by
this temporary easement, or any claims for damages to the remaining
property of grantor caused by the use of the temporary easement,
including grading and removal of materials from said easement for
highway purposes.
CITY OF EDEN PRAIRIE
By
Its Mayor
And
Its Clerk
PAno 1 nf
7.T TP :S56 tt.73i
n,=SOTA DEPAA7MENT TRAN'SPORTATICN
inlormat.cn fectairec: Prodosed RAY tine ind access taking.
A
One and location of all builoings and imDrovernents. Street or nicnwav fromacie. Norm rtow.
IC,-4T OF WAY PARCEL LAYOUT
Lot iines and dimensions.
77-724.-7,5--5,,-/ "UNTY —
PARcEL No
N E R C. / 7— '7'. C' PP._ A r..z1 ,-
Parcel 29
Entire Tract 41,667 sf
546 sf (SAD 12/1/93)
/00
2 9
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-35
COST PARTICIPATION WITH MN/DOT
FOR TRUNK HIGHWAY 169
WHEREAS, the Minnesota Department of Transportation w
i
l
l
b
e
improving Trunk Highway 169 between CSAH 1 and Interstate
4
9
4
;
WHEREAS, the Minnesota Department of Transportation
a
n
d
t
h
e
City of Eden Prairie will be entering into future agree
m
e
n
t
s
for construction costs and traffic signal costs;
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City
C
o
u
n
c
i
l
that the City of Eden Prairie hereby agrees to partici
p
a
t
e
i
n
the cost of this project by paying their appropriate sh
a
r
e
(
t
o
be determined at a later date).
ADOPTED by the Eden Prairie City Council on February 21,
1
9
8
9
.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-39
COOPERATIVE CONSTRUCTION AGREEMENT
TRUNK HIGHWAY 5 BETWEEN CSAH 4 (EDEN PRAIRIE ROAD) AND WALLACE ROAD
WHEREAS, the Minnesota Department of Transportation has prepared final plans
and specifications for the construction of TH 5 between Wallace Road and
CSAH 4 in Eden Prairie;
WHEREAS, the City of Eden Prairie has approved said plans and specifications
for the improvement of TN 5;
WHEREAS, a cooperative construction agreement has been prepared which
identifies the maintenance and financial obligations for the construction of
said improvements; and
WHEREAS, the improvements contemplated in this project are important to the
health, safety, and welfare of the residents of Eden Prairie,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden
Prairie
that said cooperative construction agreement 065466 for S.P. 2701-25
(T.H. 5=121) is hereby approved and the Mayor and City Manager are
authorized to execute the agreement on behalf of the City of Eden
Prairie.
ADOPTED by the Eden Prairie City Council on FEBRUARY 21, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COOPERATIVE CONSTRUCTION
AGREEMENT
AGREEME1T
SERVICES
SECTION
Agreement between
The State of Minnesota
Department of Transportation, and
The City of Eden Prairie
Re: City cost storm sewer watermain
sanitary sewer, concrete walk and
bikeway construction by the State
on T.H. 5 in Eden Prairie
AGREEMENT NO.
65465
S.?. 2701-25 (T.H. 5=121)
State Funds
AMOUNT ENCUMBERED
(None)
ESTIMATED AMOUNT
RECEIVABLE
$364,393.94
THIS AGREEMENT is made and entered into by and between t
h
e
S
t
a
t
e
of Minnesota, Department of Transportation, hereinafter
r
e
f
e
r
r
e
d
to as the "State" and the City of Eden Prairie, Minnesota, actin
g
by and through its City Council, hereinafter referred to
a
s
t
h
e
"City".
-1-
65465
WITNESSETH:
WHEREAS the State is about to award a contract for grading,
bituminous surfacing and storm sewer construction and other
associated construction to be performed upon, along and adjacent
to Trunk Highway No. 5 from Engineer Station 1120r07
(aporoximately 0.56 of a mile west of County State Aid Highway
No. 4) to Engineer Station 1196r19 (approximately 0.89 of a mile
east of County State Aid Highway No. 4) within the corporate city
limits in accordance with State plans, specifications and special
provisions therefor designated as State Project No. 2701-25
(T.H. 5=121) and State Aid Project No. 27-604-08 and Hennepin
County Project No. 8122; and
WHEREAS at the City's request, the State included in its contract
certain watermain, sanitary sewer, concrete walk and bikaway
construction to be performed upon, along and adjacent to Trunk
Highway No. 5; and
WHEREAS said State contract includes the construction of storm
sewer facilities which collect and convey storm water drainage
from both trunk highway right-of-way and adjacent city property;
and
-2-
65466
WHEREAS the City has expressed its willingness
t
o
p
a
r
t
i
c
i
p
a
t
e
i
n
the costs of said storm sewer, watermain, sanitar
y
s
e
w
e
r
,
concrete walk and bikeway construction as her
e
i
n
a
f
t
e
r
s
e
t
f
o
r
t
h
:
aid
WHEREAS in connection with said state contra
c
t
,
t
h
e
c
o
n
s
t
r
u
c
t
i
o
n
to be performed upon and along County State Aid
H
i
g
h
w
a
y
N
o
.
4
from 616 feet south of Tercey Pine Drive to We
s
t
g
a
t
e
D
r
i
v
e
u
n
d
e
r
State Aid Project No. 27-604-08 and County Pr
o
j
e
c
t
l
o
.
9
1
2
2
w
i
l
l
be covered under Cooperative Construction Agreement
N
o
.
6
5
4
8
3
betaeen the State and the County of Hennepin.
IT IS, THEREFORE, MUTALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE STATE
The State shall, in connection with the award o
f
t
h
e
c
o
n
s
t
r
u
c
t
i
o
n
contract, administration of said contract and th
e
p
e
r
f
o
r
m
a
n
c
e
o
f
construction engineering for State Project No. 2
7
0
1
-
2
5
(
T
.
H
.
5=121), and State Aid Project No. 27-604-08 and
C
o
u
n
t
y
P
r
o
j
e
c
t
No. 9122, do and perform the following.
Section A. Contract Award
Duly advertise for bids and award a contract t
o
t
h
e
l
o
w
e
s
t
resnonsible bidder for the Trunk Highway No. 5
g
r
a
d
i
n
g
,
-3-
65456
bituminous surfacing and storm sewer co
n
s
t
r
u
c
t
i
o
n
a
n
d
o
t
h
e
r
associated construction in accordance w
i
t
h
S
t
a
t
e
p
l
a
n
s
,
specifications and special provisions b
e
a
r
i
n
g
t
h
e
a
b
o
v
e
p
r
o
j
e
c
t
number designations and which are on fi
l
e
i
n
t
h
e
o
f
f
i
c
e
o
f
t
h
e
Commissioner of Transoortation at St. P
a
u
l
,
M
i
n
n
e
s
o
t
a
,
a
n
d
a
r
e
made a part hereof by reference with th
e
s
a
m
e
f
o
r
c
e
a
n
d
e
f
f
e
c
t
a
s
though fully set forth herein.
Section B. Direction and SuPervision of
C
o
n
s
t
r
u
c
t
i
o
n
Direct and suoervise all construction ac
t
i
v
i
t
i
e
s
p
e
r
f
o
r
m
e
d
u
n
d
e
r
said contract, and perform all construct
i
o
n
e
n
g
i
n
e
e
r
i
n
g
a
n
d
inspection functions necessary for the s
a
t
i
s
f
a
c
t
o
r
y
c
o
m
p
l
e
t
i
o
n
o
f
said contract construction.
Section C. Plan Changes, Additional Con
s
t
r
u
c
t
i
o
n
,
E
t
c
.
Make changes in plans or in the charact
e
r
o
f
s
a
i
d
c
o
n
t
r
a
c
t
construction, including the City cost p
a
r
t
i
c
i
p
a
t
i
o
n
c
o
n
s
t
r
u
c
t
i
o
n
hereunder, which are reasonably necessa
r
y
t
o
c
a
u
s
e
s
a
i
d
construction to be in 311 things performed and completed
i
n
a
satisfactory manner, and to that end an
d
a
s
s
u
p
p
l
e
m
e
n
t
a
l
t
o
t
h
e
contract, to enter into any change orde
r
s
o
r
s
u
p
p
l
e
m
e
n
t
a
l
agreements with the State's contractor
f
o
r
t
h
e
p
e
r
f
o
r
m
a
n
c
e
o
f
a
n
y
additional construction or construction
o
c
c
a
s
i
o
n
e
d
b
y
a
n
y
necessary, advantageous or desirable ch
a
n
g
e
s
i
n
p
l
a
n
s
.
B
o
w
e
v
e
r
,
-4-
?Al)
4,Lp
65465
the State's District Engineer at Golden Valley or his duly
authorized representative will inform the appropriate City
official of any proposed change order or supplement to the
construction contract which will affect the City cLst
participation hereunder.
Section D. Satisfactory Completion of Contract
Do and perform all other acts and functions necessary to cau
s
e
said contract to he completed in a satisfactory manner.
ARTICLE It - BASIS OF PAYMENT BY THE CITY
Section A. Construction Costs
The City shall pay to the State, as the City's full share of
t
h
e
costs of the contract construction to be performed hereunder
,
t
h
e
costs of the construction described below under "CITY COST
PARTICIPATION CONSTRUCTION" and of the costs of any contract
change orders or supplemental agreements which may be nece
s
s
a
r
y
to complete said City cost participation construction and
t
h
e
cost of any settlements of claims made with the State's
contractor in connection with said City cost participation
construction.
3(k
65465
Said payment by the City hereunder of the City's share of
construction costs shall be based on the final quantities of City
cost participation construction work items performed or the final
payment quantity in the case of plan quantity items multiplied by
the aopropriate unit prices contained in the construction
contract to be awarded by the State hereunder and/or multiplied
by the aporopriate unit prices contained in any supplemental
agreements to the State's contract which provide for City cost
participation construction.
A SCHEDULE "I", which lists all of the anticipated City cost
participation construction and construction engineering items to
be performed hereunder, is attached hereto and made a part hereof
by reference. A color coded EXHIBIT "A", which shows and/or
describes all of the anticipated City cost participation storm
sewer, watermain, sanitary sewer, concrete walk and bikeway
construction to be performed hereunder, is attached hereto and
made a part hereof by reference.
It is hereby understood and agreed that any and all liquidated
damages assessed the State's contractor in connection with the
construction performed under said contract shall result in a
credit shared by the State and the City in the same proportion as
their total contract construction cost share is to the total
-6-
?Li t)
Ot,
65455
contract construction cost without any deduction for liquidated
damages.
CITY CO.S:_PARTICIPATION CONSTRUCTION
All of the following construction to be performed upon, along and
adjacent to Trunk Highway No. 5 from Engineer Station 1120r07
(eporoximately 0.56 of a mile west of County State Aid Highway
No. 4) to Engineer Station 1196r19 (approximately 0.89 of a mile
east of County State Aid Highway No. 4) within the corporate city
limits under State Project No. 2701-25 (T.H. 5=121).
100 PERCENT
All of the watermain, sanitary sewer, storm sewer, curb and
gutter and concrete driveway pavement construction as shown
and/or described in "Yellow" color on the attached EXHIBIT "A"
and as described and tabulated on Sheet Nos. 2 and 3 of the
attached SCHEDULE "I".
96.5 PEICENT
All of the storm sewer facilities construction as shown and/or
described in "Green" color on the attached EXHIBIT "A" and as
described and tabulated on Sheet N. 4 of the attached SCHEDULE
-7-
34
55466
55.0 _PERCENT
All of the storm sewer facilities construction as shown and/or
described in "Rd" color on the attached EXHIBIT "A" and as
described and tabulated on Sheet Nos. 5 and 6 of the attached
SCHEDULE "I".
58.5 PERCENT
All of the storm sewer facilities construction as shown and/or
described in "Blue" color on the attached EXHIBIT "A" and as
described and tabulated on Sheet Nos. 7 and 8 of the attached
SCHEDULE "I".
50.7 PERCENT
All of the storm sewer facilities construction as shown and/or
described in "Pink" color on the attached EXHIBIT "A" and as
described and tabulated on Sheet No. 9 of the attached SCHEDULE
40 PERCENT
All of the concrete walk construction to be used as sidewalk as
shown and/or described in "Brown" color on the attached EXHIBIT
"A" and as described and tabulated on Sheet No. 10 of the
attached SCHEDULE "I".
-9-
a09
5516E,
30,4 inRCFIN_L
All of the storm sewer facilities construction as shown and/or
described in "Orange" color on the attached EXHIBIT "A" and as
described and tabulated on Sheet No. 11 of the attached SCHEDULE
30 PERCENT
All of the bituminous and concrete walk construction to be used
as a bikeway as shown and/or described in "Heliotrope" color on
the attached EXHIBIT "A" and as described and tabulated on Sheet
No. 12 of the attached SCHEDULE "I".
Section B. Construction Engineering Costs
Said payment by the City shall also include an amount equal to 8
percent of the City's final total share of construction costs as
determined in accordance with Section A. above, as the City's
proportionate share of construction engineering costs incurred by
the State in connection with said City cost participation
construction.
ARTICLE III - PAYMENT BY THE CITY
Section A. Estimate and Advancement of the City's Cost Share
It is estimated, for accounting purposes, that the City's share
of the costs of the construction to be performed by the State
-0-
ef-\
55465
hereunder which includes the 8 percent construction engineering
cost share is the sum of $364,393.34 as shown in the attached
SCHEDULE "I". Thu State shall, when a construction contract is
awarled which includes the City cost participation construction
to be performed hereunder, prepare a revised SCHEDULE "I" based
on the construction contract unit prices and submit a copy of
said revised SCHEDULE "I" to the City. The City agrees to
advance to the Commissioner of Transportation an amount equal to
the City's total cost share as set forth in said revised SCHEDULE
"I" be it more or less than said sum of $364,393.34.
Said advancement by the City shall be made in accordance with the
following advancement schedule only after the following
conditions have been met:
1. Full and complete execution of this agreement.
2. Award of a contract for the construction to be performed
hereunder.
3. Receipt by the City of appropriate requests from the State
for oayment by the City in accordance with the following
advancement schedule.
CITY COST SHARE ADVANCEMENT SCHEDULE
First payment: 09 or before March 15, 1939, the sum of $275,000.00
-10-
gV-
65466
Second payment: On or before July 1, 1999, the sum of $150,000.00,
or an amount equal to the City's total cost share as set forth in said
revised SCHEDULE "I" less the amount of any previous payments made by
the City, whichever is less.
Third payment: On or before tqpril 1, 1990, if payment for the City's
total cost share has not yet been made, an amount equal to the City's
total cost share as set forth in said revised SCHEDULE "I" less the
amount of any previous payments made by the City.
Section B. Final Payment by the City
It is contemplated that all of the construction to be performed
under said contract is to be done on a unit price basis. Upon
the completion and acceptance of the construction provided for in
said contract and upon computing the final amount due the
contractor performing the construction, the State shall compute
the total cost of the City participation construction as sat
forth hereunder. If the total cost of the City participation
construction is less than the amount of the funds advanced by the
City, then, and in that event, the balance of said advanced funds
shall be promptly returned to the City without interest. If the
total cost of the City participation construction exceeds said
amount of funds advanced by the City, the City agrees to promptly
pay to the State the difference.
Pursuant to Minn. Stat. 15.415, the State waives claim for any
amounts lass than $2.00 over the amount of City funds previously
receive] by the State, and the City waives claim for the return
654 ,36
of any amounts less than $2.00 of such f
u
n
d
s
a
d
v
a
n
c
e
d
b
y
t
h
e
City.
Section C. Acceptance of City's Final
C
o
s
t
S
h
a
r
e
a
n
d
o
f
Completed Construction
It is understood and agreed that the af
o
r
e
s
a
i
d
c
o
m
p
u
t
a
t
i
o
n
b
y
t
h
e
State of the amount due from the City h
e
r
e
u
n
d
e
r
s
h
a
l
l
b
e
f
i
n
a
l
,
binding and conclusive. It is further a
g
r
e
e
d
t
h
a
t
t
h
e
a
c
c
e
p
t
a
n
c
e
by the State of the completed construct
i
o
n
p
e
r
f
o
r
m
e
d
u
n
d
e
r
t
h
e
contract shall be final, binding and co
n
c
l
u
s
i
v
e
u
p
o
n
t
h
e
C
i
t
y
a
s
to the satisfactory completion of said
c
o
n
s
t
r
u
c
t
i
o
n
.
ARTICLE IV - PARTIAL RELEASE OF EASEMENT
S
In consideration of the mutual covenant
s
c
o
n
t
a
i
n
e
d
h
e
r
e
i
n
,
t
h
e
City shall grant, bargain, quit claim an
d
c
o
n
v
e
y
u
n
t
o
t
h
e
S
t
a
t
e
by Quit Claim Deed all of its right, tit
l
e
a
n
d
i
n
t
e
r
e
s
t
i
n
a
n
d
to:
All of the following:
That part of the City of Eden Prairie's
e
a
s
e
m
e
n
t
o
v
e
r
,
u
n
d
e
r
and across that part of Outlot A and Wa
l
k
w
a
y
,
L
a
k
e
T
r
a
i
l
Estates, shown as Parcel 214 on Minneso
t
a
D
e
p
a
r
t
m
e
n
t
o
f
Transportation Right-of-Way Plat No. 27
-
4
4
:
a
l
s
o
t
h
a
t
p
a
r
t
of said City's easement over, under and
a
c
r
o
s
s
t
h
a
t
p
a
r
t
o
f
-12-
,
65466
Outlot E, Gonyea 4th Addition, shown as Parcel 316C on
Minnesota Department of Transportation Right-of-Way Plat No.
27-45; also that part of said City's easement over, under
and across that part of Lot 27, Block 7, Westgate Addition,
shown as Parcel 2190 on Minnesota Department of
Transportation Right-of-Way Plat No. 27-46; all of said
Right-of-Way Plats are on file and of record in the office
of the County Recorder in and for Hennepin County,
Minnesota.
ARTICLE V - GENERAL PROVISIONS
Section A. Plan Changes
The City may request changes in the plan by a duly adopted City
Council resolution for State Project No. 2701-25 (T.H. 5=121)
construction to be performed hereunder in order to satisfactorily
complete the aforesaid City cost participation construction, and
if the State determines that said requested plan changes are
necessary and/or desirable, the State will cause such changes in
plan to be made and appropriately altar the affected
construction.
Section B. Replacement of Castings
In connection with the adjustment, salvaging, relocation and
reconstruction of City owned utilities to be performed by the
-13-
jLJ
55405
State's contractor under said contract, the City hereby ag
r
e
e
s
t
o
furnish the State's contractor with new castings and/or part
s
therefor when replacements are required, without cost or expe
n
s
e
to the State or the State's contractor, excepting replacement
s
required of castings and/or parts broken or damaged by the
State's contractor.
Section C. Utility Permits
The City, through the State, agrees to submit to the Minneso
t
a
Pollution Control Agency the plans and specifications for th
e
construction or reconstruction of its sanitary sewer facilit
i
e
s
covered by this agreement and to obtain, pursuant to Minneso
t
a
Statute 115.07, subd. l or Minnesota Rule 7001.1030, subp. 2
C
,
either a per.ait or written waiver from that agency for the
construction or reconstruction to be performed by others pur
s
u
a
n
t
to this contract. When the Minnesota Pollution Control Agen
c
y
issues that permit or waiver, the City will promptly furnis
h
t
h
e
State a copy of that permit or waiver so that the construct
i
o
n
o
r
reconstruction may be performed by the State's contractor. The
City is advised that pursuant to Minnesota Rule 7001.1040, a
written application for the permit or waiver must be submitt
e
d
t
o
the Minnesota Pollution Control Agency at least 180 cl.lys bef
o
r
e
the planned date of the sanitary sewer facility constructio
n
o
r
r"?.onstruction.
-14-
65466
The City shall, within 90 days after the satisfactory completion
of the utilities constructed under said contract, submit to the
State's Agreement Services Section Director five copies of A
permit application, including "as built" sketches, for all of
sail utilities constructed upon and within the trunk highway
right-of-way and within the corporate City limits. Application
for such permit shall be made on the State's "Application For
Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525).
Section D. Maintenance
It is hereby understood and agreed that, upon the satisfactory
completion of State Project No. 2701-25 (T.H. 5=121)
construction, the City shall thereafter provide for the proper
maintenance, without cost or expense to the State, of 111 of the
storm sewer facilities, sanitary sewer facilities and watermain
facilities constructed within the corporate City limits under
said project and that neither party to this agreement shall drain
any additional drainage into said storm sewer facilities that IS
not included in the drainage for which said storm sewer
facilities were designed without first obtaining permission to do
so from the other party. The drainage areas served by the storm
sewer facilities constructed under this agreement are shown in a
drainage area map, EXHI3IT "Drainage Area", which is on file in
the office of the State's District Hydraulics Engineer at ,lolden
-15-
6546'5
Valley and is made a part hereof be reference with the same
f
o
r
c
e
and effect as though fully set forth herein.
It is hereby understood and agreed that, upon the satisfac
t
o
r
y
completion of State Project No. 2701-25 (T.H. 5=121)
construction, the City shall thereafter provide for the pro
p
e
r
maintenance, without cost or expense to the State, of the e
n
t
i
r
e
portions of North Frontage Road "A", North Frontage Road "B
"
,
North Frontage Road "C", South Frontage Road, the Fuller Ro
a
d
north and south approaches to Trunk Highway No. 5, Martin D
r
i
v
e
and Menace Road and all of the facilities a part thereof
constructed within the corporate City limits under said proj
e
c
t
.
Said maintenance shall include, but not be limited to, snow
a
n
d
debris removal, resurfacing and/or seal coating and any othe
r
maintenance activities necessary to perpetuate said roadway
portions in a safe and usable condition.
It is hereby understood and agreed that, upon the satisfacto
r
y
completion of State Project No. 2701-25 (T.H. 5=121)
construction, the City shall thereafter provide for the pr
o
p
e
r
maintenance, without cost or expense to the State, of all
o
f
t
h
e
bituminous bikeway, concrete walk and concrete driveway pa
v
e
m
e
n
t
used as concrete walk constructed within the corporate Cit
y
limits under sail projects. Said maintenance shill includ
e
,
b
u
t
-16-
3 1
65466
not be limited to, snow and debris removal and any other
maintenance activities necessary to perpetuate slid bitumin
o
u
s
bikeway, concrete walk and concrete driveway pavement in a
s
a
f
e
and usable condition.
Section E. Release and Convey .ance of Roadways
The State shall, upon the satisfactory completion of 'State
Project No. 2701-25 (T.H. 5=121) construction, serve upon th
e
City a "Notice of Release" placing those portions of North
Frontage Road "A", North Frontage Road "B", South Frontag
e
R
o
a
d
and the Fuller Road north approach to Trunk Highway No. 5
including all of the facilities a part thereof constructe
d
w
i
t
h
i
n
the corporate city limits under said state project under t
h
e
jurisdiction of the City; and subsequent thereto, after al
l
necessary and required documents have been prepared and
processed, the State shall convey to the City, all right,
t
i
t
l
e
and interest of the State in sail roadway portions. Upon
r
e
c
e
i
p
t
of said "Notice of Release", the City shall become the roa
d
authority responsible for said roadway portions so release
d
.
Section F. Claims
It is hereby understood and agreed that any and all employe
e
s
o
f
the State and all other persons employed by the State in th
e
performance of the construction and/or construction enginee
r
i
n
g
-17-
65466
work or services required or provided for under this agreement
shall not be considered employees of the City and that any and
all claims that May or might arise under the Worker's
Compensation Act of the State of Minnesota on behalf of said
employees while so engaged and any and all claims made by any
third parties as a consequence of any act or omission on the part
of said employees while so engaged on any of the construction
and/or construction engineering work or services to be rendered
herein shall in no way be the obligation or responsibility of the
City.
It is hereby understood and agreed that any and all employees of
the City and all other persons employed by the City in the
performance of any of the maintenance work or services required
or provided for under this agreement shall not be considered
employees of the State and that any and all claims that may or
might arise under the Worker's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any
and all claims made by any third parties as a consequence of any
act or omission on the part of said employees while so engaged on
any of the maintenance work or services to be rendered under this
agreement by the City shall in no way be the obligation or
responsibility of the State.
-13-
*
65466
The City at its own expense will defend, indemnify and save
harmless the State and all of its agents, officers and employees
of and from any and all claims, demands, actions or causes of
action of whatsoever nature or character arising out of or by
reason of the City's negligent acts or omissions in connection
with the maintenance work covered by this agreement including an
action or claim which alleges negligence of the State, its
agents, officers or employees.
Section G. Nondiscrimination
The provisions of Minnesota Statute 181.59 and of any applicable
ordinance relating to civil rights and discrimination shall be
considered part of this agreement as if fully set forth herein.
Section H. Agreement Approval
Before this agreement shall become binding and effective, it
shall be aporoved by resolution of the City Council of the City
and shall also receive the approval of such State officers as the
law may provide in addition to the Commissioner of Transportation
or his duly authorized representative.
-19-
Pi 0..;L;
A ,c
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
Date
By
illltrator
Date
STATE OF MINMESOTA
By
Date Services Section
By
7-7' Director - Agreement (_/,,
Deputy Commissioner
of Transportation
65465
IN TESTIMONY WHEREOF the parties have du
l
y
e
x
e
c
u
t
e
d
t
h
i
s
a
g
r
e
e
m
e
n
t
by their duly authorized officers and ca
u
s
e
d
t
h
e
i
r
r
e
s
p
e
c
t
i
v
e
s
e
a
l
s
to be hereunto affixed.
(City
Seal)
CITY OF EDEN PRAIRIE
By
Mayor
TDate of Agreement)
By
By
District Engineer
Deputy Division Director
Technical Services Division
Approved as to form and execution:
Approved:
Department of Administration
By
(Authorized Signature)
Date
By
Special Assistant Attorney General
Cl
PRELIMINARY SCHEDULE "I" Agreement No. 65466 City of Eden Prairie Date: February 3, 1989 S.P. 2701-25 (T.H. 5-=1-2T) State Funds Storm Sewer, Watermain, Sanitary Sewer, Curb and Gutter, Concrete Walk and Bikeway construction performed under State Contract No. with located on T.H. 5 from 0.56 of a mile west to 0.89 of a mile east of C.S.A.H. 4 In Eden Prairie CITY COST PARTICIPATION From Sheet No. 3 From Sheet No. 4 From Sheet No. 6 From Sheet No. 8 From Sheet No. 9 From Sheet No. 10 From Sheet No. 11 From Sheet No. 12 Subtotal Construction Engineering (8%) Total , $117,280.08 6 171.78 77,395.52 61,431.57 30,504.04 1,017.60 27,039.83 16,561.28 $337,401.70 26,992.14 $364,393.84
MEMORANDUM
TO: Planning Commission
Parks, Recreation and Natural Resources Commission
FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources -12.4
DATE: December 30, 1988
SUBJECT: Analyses of ONR's Shoreland Regulations
Upon review of the final public draft of the proposed revisions to the
Minnesota Shoreland Management Rules, the Parks, Recreation and Natural
Resources staff would support the December 7 position paper drafted by Scott
Kipp, Assistant Planner, regarding these regulations.
The Parks, Recreation and Natural Resources staff strongly support the
adoption of the bluff and steep slope regulations, as these additions to the
shoreland revisions will provide the type of regulations the City of Eden
Prairie has been seeking in order to preserve the natural environment of our
major creek valleys and the Minnesota River bluffs.
The Parks, Recreation and Natural Resources staff would urge the Planning
Commission, the Parks, Recreation and Natural Resources Commission and the
City Council to consider revising the City Shoreland Management Ordinance to
reflect these new regulations as quickly as possible in order to establish
standards for development along the remaining Minnesota River bluff, as well
as the remaining undeveloped land along our major creek valleys.
The Parks, Recreation and Natural Resources staff have indicated in a recent
memorandum that the most effective method for preserving shoreland development
is through the use of the Shoreland Management Ordinance. The most important
language within the Shoreland Management Ordinance is the lot setbacks, lot
widths and lot sizes for abutting lots. The larger the lot width, the deeper
the setback, the more effective the ordinance will be in protecting the
natural vegetation along the shoreline. The City should be very conservative
in considering variance requests to the Shoreland Management Ordinance,
especially for abutting lots, if the goal of preserving the shoreline is to be
accomplished.
The Parks, Recreation and Natural Resources staff would recommend the City
Council request a revised draft Shoreland Management Ordinance for review by
the Commissions and Council that would include the provisions as supported in
the Planning staff memorandum.
BL:mdd
MEMO
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
Planning Commission
Scott A. Kipp, Assistant Planner
Chris Enger, Director of Planning
December 7, 1988
ANALYSIS AND POSITION PAPER ON DNR'S SHORELAND REGULATIONS
The Minnesota Department of Natural Resources (DNR) is proposing revisions to the
State's Shoreland Management Rules. These changes are extensive and will affect the
development of Eden Prairie's remaining shoreland area. The local units of
government must adopt or amend land use controls to bring them into substantial
compliance with these rules within two years of DNR notification. Notification is
expected in approximately one year.
The Planning Staff has completed it's review of the revisions as they pertain to the
City's own Shoreland Ordinance. This memo will briefly outline these changes and
provide a statement of position regarding some of the major changes that will affect
Eden Prairie.
Background
Eden Prairie adopted it's own shoreland ordinance in 1982 and submitted it for DNR
approval at that time. The DNR later requested additional substantiation of our
ordinance as it relates to the State's requirements in order to approve them. The
City responded to their concerns and further substantiated Eden Prairie's position.
To date, the DNR has not formally adopted Eden Prairie's Shoreland Ordinance.
Thirty-five percent of Eden Prairie's land area falls within the classification of a
shorel and area as defined by the DNR and City Code. Less than 18% of the shoreland
area is still open to development.
Revision Highlights
The following lists some of the revisions to the DNR Shoreland Regulations, although
not exhaustive, this list of revisions highlights some of the more major changes
that will affect communities like Eden Prairie.
* Adoption of a "bluff impact zone" and "shore impact zone".
* Definition of "steep slopes" established.
* Flexibility in minimum standards for cities with central business
districts located within shorel and areas.
* Cities must consider needs for public access.
3-15
Memo
December 7, 1988
Page Two
* Industrial land use prohibited along Natural Environmental Waters.
* Lot size and width standards increased for both Abutting and non-abutting
lots.
* Structure height maximum reduced from 35 feet to 25 feet.
* Commercial, indUstrial, public, and semi-public structures without water-
oriented needs must be located on lots without public water frontage,
unless double the required shoreland setback or substantially screened
from view.
* No more than 25% of a lake's shoreline can be in duplex, triplex, or quad
developments.
* Impervious surface maximum reduced from 30% to 25%.
* Private sewage treatment systems must meet or exceed the Minnesota
Department of Health standards.
* Local governments must, as funds permit, develop and implement a program
to upgrade private sewage treatment systems which are inconsistent with
State Code.
* Greater suitability requirements for subdividing lots.
* PUD's will Le under control of the local unit of government.
* PUD's must contain 50% preserved "open space".
Major Revisions that Affect Eden Prairie
Four issues of the revised shoreland regulations that will have major impact on the
shorel and areas in Eden Prairie are 1) the establishment of "bluff and shore impact
zones"; 2) shoreland setback requirements for abutting commercial, office, industrial, and public land uses; 3) abutting and non-abutting lot size requirements; and, 4) the requirements of the PUD.
1. One change to the DNR Shorel and Regulations that will have a positive impact
on the remaining developable land area along the Purgatory Creek Bluff Area
and the Minnesota River are the requirements of the "bluff impact zone" and
"shore impact zone", which prohibit the placement of fill or structures
within any part of the bluff area as defined by the regulation. A bluff is
defined as a slope of 30% or more which rises at least 25 feet above the
high water level. The bluff impact zone describes that area which includes
the bluff and land within 20 feet of the bluff. The shore impact zone
describes that area between the Ordinary High Water Level and a point
located at 50% of the structure setback. This requirement will be a
positive one for protecting the sensitive sloped areas and natural
shorelines of our community.
Memo
December 7, 1988
Page Three
Position:
Eden Prairie supports the requirements of the "bluff impact zone" and "shore
impact zone" to provide a greater level of control and protection for the
City's precious bluff and shoreline areas by limiting encroachment and
minimizing potential for erosion.
2. Another change that will affect Eden Prairie regards the shoreland setback
requirements for abutting commercial, office, industrial, and public land
uses, together with existing water classification for some lakes within or
near the Major Center Area (MCA).
Approximately 30% of the developable land within the MCA falls into a
shoreland area. Land uses consist mainly of commercial and office. The
remaining developable land is also constrained by setbacks from highways and
local streets. Lake Idlewild, classified as Recreational Development,
Anderson Lake and Lake Smetana, classified as Natural Environment, are
located within the MCA, in addition to portions of Nine Mile Creek and
Purgatory Creek. Structure setbacks from these waterbodies, according the
revised regulations, are required to be doubled for these types of land
uses, unless they are substantially screened from the waterbody. Our
current ordinance requires a minimum setback of 200 feet for a Natural
Environment Water classification. The new DNR regulation would be a setback
of 300 feet, based on their standard 150 foot setback for the same water
classification. Since many of the remaining sites in the MCA are envisioned
for large multi-story corporate uses according to the Guide Plan, it becomes
rather difficult to substantially screen them from the waterbody. Also,
because many of these sites are already narrow and restricted due to
existing highway systems, the requirements of additional setback create
further development constraints.
The DNR's classification system for lakes is based on existing natural
conditions and the intensity of development around the lake. With this in
mind, both Lake Idlewild and Lake Smetana should be re-classified as General
Development Waters because of the intensity of surrounding existing
conditions. A General Development classification would reduce the amount of
setback necessary for commercial and office development to a maximum of 100
feet, making many of the MCA sites less restrictive so they can be developed
according to the intended use as outlined in the Comprehensive Guide Plan.
School Pond, located along Scenic Heights Road, lying southeast of the
Central Middle School, is classified as a Natural Environment Water. Under
the revised shoreland regulations, the development of industrial land uses
adjacent to this type of water classification is prohibited; however, the
City has existing industrial land uses lying to the north, other high
intensity activity surrounding the waterbody, and the future Highway #212
alignment lying to the west, therefore, this pond should also be classified
as a General Development Water.
37)
Memo
December 7, 1988
Page Four
The revised DNR regulations has implementation flexibility that can be
pursued by local governments if it can be demonstrated that shoreland
management problems exist in specific regions of the community. One such
circumstance that would warrant water classification change is that the
City's central business district is located within the shorelands of lakes,
and that existing intense land use dominate the shoreline of these lakes.
Position:
Eden Prairie supports the re-classification of Lake Idlewild, Lake Smetana,
and School Pond to General Development Waters, since existing land use
intensity, restrictive lot sizes, and the presence of our central business
district occupy these shorel and areas. Less restrictive setbacks under the
General Development classification will permit the MCA to develop in
accordance with the Comprehensive Guide Plan and still protect the shoreland
areas.
3. The third issue of the revised DNR Shoreland Regulations affecting Eden
Prairie is abutting and non-abutting lot size requirements.
Current City Ordinance does not allow single family developments to be built
without sewer and water, unless each lot consists of 10 acres or more. It
also prohibits multiple residential developments without these services,
whether in a shoreland area or not. However, when the DNR shoreland
regulations address sewered property, the lot size requirements are greatly
increased over current City Ordinance.
For abutting single family lots in sewered areas, the shoreland ordinance is
consistent except for General Development Water, in which the DNR
regulations require 15,000 square foot lot sizes as compared to the Code
requirement for a 13,500 square foot lot size. For multiple family abutting
lots, the ONR regulations require lots ranging in size from 26,000 square
feet to 130,000 square feet, while the current Code ranges from 13,000
square feet to 30,000 square feet.
For non-abutting single family lots, City Ordinance allows lots ranging in
size from 9,500 square feet to 44,000 square feet, based on zoning
districts. The DNR regulations require 10,000 square foot lots for General
Development Water, 15,000 square foot lots for Recreational Development
Water, and 20,000 square foot lots for Natural Environment Waters,
regardless of the zoning district. For non-abutting multi-family lots, our
ordinance ranges from 13,000 square feet to 25,000 square feet for apartment
buildings, while the DNR regulations require lots ranging in size from
17,500 square feet to 65,000 square feet for four-plex developments.
In addition, lot width requirements are greatly increased for multi-family
lots ranging from 135 feet to 425 feet for abutting lots and from 135 feet
to 410 feet for non-abutting lots, based on water classification. Current
City Code requires abutting lot widths from 100 feet to 150 feet based on
water classification, and non-abutting lot widths from 70 feet to 300 feet based on the zoning district (see Attachment A).
Memo
December 7, 1988
Page Five
The revisions to the shorel and regulations for lot size is an effort by the
DNR to minimize the potential for high density shoreland development, loss
of natural amenities, such as woods, wetlands and steep slopes, and the
possible water pollution potential caused by poorly maintained septic
systems and soil erosion. All these concerns can be satisfactorily
completed by decreasing the allowable density within a shorel and area.
Eden Prairie's adherence to the protection of its shoreland areas are quite
evident by the amount of land within the shoreland area currently owned by
the City. In addition, sewer and water requirements together with storm
water management practices help maintain the quality of water and shoreland
esthetics in Eden Prairie.
Approximately 60% of the shoreland area in Eden Prairie has either been
purchased by the City or lies within the floodplain, and cannot be
developed. This can help offset the balance of higher density development
substantially. This overall planning along shoreiand areas, we feel,
accomplishes the same, if not more, of the DNR objectives for development
along the shorel and areas.
Position:
Eden Prairie supports efforts to control high density development within
shorel and areas. This is evident since 60% of the shorel and area within the
community is either owned by the City or lies within the floodplain and will
not be developed. Requiring larger lots beyond the first tier abutting lots
will not provide additional safeguards for shoreland areas and becomes
prohibitive in a community such as Eden Prairie.
4. The last issue is the DNR shoreland requirements for Planned Unit
Developments (PUD).
Currently, the DR requires all preliminary PUD development plans to be
approved by the Commissioner prior to municipal approval. Under the revised
shorel and regulations, the DNR will return all PUD approval authority back
to the local units of government. The introduction of stronger development
standards have allowed the DNR this flexibility.
The DNR identifies two types of PUD's that are allowed under local
jurisdiction: the residential PUD, and the commercial PUD (refers to
commercial dwellings).
Densities allowed in the PUD are determined on a tiered system measuring
outward from the waterbody. All bluffs, wetlands, and land below the
Ordinary High Water Level cannot be included when determining allowable
density. PUD's must contain at least 50% "open space", to be preserved by
way of deed restriction, covenants, public dedication, or scenic easements.
If this is not an alternative for the residential PUD, an Owners'
Association must be established. Dwellings must also be clustered into one
or more groups for residential PUD's.
Memo
December 7, 1988
Page Six
Eden Prairie's approach to PUD development allows all land uses within
PUD's. Standard zoning practices provide protection of shoreland areas and
other significant land features by way of land dedication or recording of
conservation easements.
The City differs with the DNR by establishing allowable density based on
existing site features and constraints, rather than density tiering. This
approach minimizes site impacts while preserving maximum open space. Fifty
percent open space within a PUD is too restrictive. Preserving as much open
space as is necessary to protect significant land features accomplishes the
intentions as density tiering.
The City agrees that density should be kept low for abutting lots where
impacts are more significant. Beyond that point, current City Ordinances
provide more than adequate protective measures for shoreland areas.
Position:
Eden Prairie concurs with the DNR to preserve shorel and open space within
PUD's. However, the amount of preserved open space should cover that
portion of development occupied by steep slopes, floodplain, heavy wooded
areas, and other significant site features, regardless of the percentage.
The ONR's perception of a PUD does not always match Eden Prairie's use of a
PUD. The DNR anticipates that a PUD is utilized to increase density; this
is not the way in which Eden Prairie uses PUD's. The City's PUD's may
provide for a mix of land use or is utilized as a concept stage approval
prior to zoning and subdividing. As such, Eden Prairie should not be
penalized for use of a PUD as a planning tool rather than a way to increase
density.
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 16, 1989
SUBJECT: NORTH BAY OF TIMBER LAKES 3RD ADDITION
PROPOSAL: Elim Care, Inc. has requested City Council approval of final plat
of North Bay of Timber Lakes 3rd Addition, a multi-family resident
i
a
l
plat located west of County Road 4, East of Mitchell Lake and South
o
f
Highway 5. The plat contains 8.36 acres to be divided into three lo
t
s
.
Lot 1 is the proposed site of a 64 unit senior housing building. Lot
s
2
and 3 will be conveyed to North Bay of Timber Lake's Townhom
e
s
Association to the South.
HISTORY: The preliminary plat was approved by the City Council November 15,
1988 per Resolution No. 88-261.
Second reading of Ordinance 56-58, amending the RM-2.5 Zoning Distric
t
,
is scheduled for final approval at the City Council meeting February 2
1
,
1989.
The Developer's Agreement referred to within this report is schedule
d
for execution February 21, 1989.
VARIANCES: All variances not granted within the Zoning District Amendment
must be processed through the Board of Appeals.
UTILITIES AND STREETS: Municipal utilities currently exist and are available
for extension to the site. All utilities are proposed to be privatel
y
owned and maintained.
Prior to release of the final plat the plat shall be revised to includ
e
drainage and utility easements over the shore line of Mitchell Lake tha
t
would correspond to an elevation contour of two feet above the normal
high water elevation of Mitchell Lake. Additionally, standard drainag
e
and utility easements shall be included around the perimeter of th
e
plat, those being 10 feet in width along street frontage and 5 feet i
n
width along side and rear property lines.
PAGE 2
NORTH BAY OF TIMBER LAKES 3RD ADDITION
FEBRUARY 16, 1989
Prior to release of the final plat the Devel
o
p
e
r
s
h
a
l
l
s
u
b
m
i
t
t
o
t
h
e
City Engineer and receive the City Enginee
r
'
s
a
p
p
r
o
v
a
l
o
f
p
l
a
n
f
o
r
streets, sanitary sewer, water, storm sewer a
n
d
e
r
o
s
i
o
n
c
o
n
t
r
o
l
f
o
r
t
h
e
property.
Prior to release of the final plat the Develo
p
e
r
s
h
a
l
l
p
r
o
v
i
d
e
t
h
e
C
i
t
y
with a cross-access and maintenance agreeme
n
t
w
i
t
h
t
h
e
o
w
n
e
r
s
o
f
t
h
e
property to the South, North Bay of Timber Lak
e
s
H
o
m
e
o
w
n
e
r
s
A
s
s
o
c
i
a
t
i
o
n
.
PARK DEDICATION: The requirements for park dedication are co
v
e
r
e
d
i
n
t
h
e
Developer's Agreement.
BONDING: Bonding must conform to City Code and the
D
e
v
e
l
o
p
e
r
'
s
A
g
r
e
e
m
e
n
t
requirements.
RECOMMENDATION: Recommend approval of the final plat of North B
a
y
o
f
T
i
m
b
e
r
Lakes 3rd Addition subject to the require
m
e
n
t
s
o
f
t
h
i
s
r
e
p
o
r
t
,
t
h
e
Developer's Agreement and the following:
1. Receipt of street lighting fee of $486.00.
2. Receipt of engineering fee of $2,560.00.
3. Revision of plat to include additional dr
a
i
n
a
g
e
a
n
d
u
t
i
l
i
t
y
easements.
4. City Engineer's approval of plan for streets, s
a
n
i
t
a
r
y
s
e
w
e
r
,
w
a
t
e
r
and storm sewer.
5. Receipt of cross-access and maintenance agree
m
e
n
t
w
i
t
h
t
h
e
o
w
n
e
r
s
of the property to the South.
JJ:ssa
cc: Elim Care, Inc.
Brauer and Associates
Suburban Engineering
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89 -43
A RESOLUTION APPROVING FINAL PLAT OF
NORTH BAY OF TIMBER LAKES 3RD ADDITION
WHEREAS, the plat of NORTH BAY OF TIMER LAKES 3RD ADDITION
h
a
s
b
e
e
n
s
u
b
m
i
t
t
e
d
in a manner required for platting land under the Eden Prai
r
i
e
O
r
d
i
n
a
n
c
e
C
o
d
e
and under Chapter 462 of the Minnesota Statutes and all pro
c
e
e
d
i
n
g
s
h
a
v
e
b
e
e
n
duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the
C
i
t
y
p
l
a
n
a
n
d
t
h
e
regulations and requirements of the laws of the State
o
f
M
i
n
n
e
s
o
t
a
a
n
d
ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
C
I
T
Y
O
F
E
D
E
N
P
R
A
I
R
I
E
:
A. Plat approval request for NORTH BAY OF TIMER LAKES 3RD ADD
I
T
I
O
N
i
s
approved upon compliance with the recommendation of
t
h
e
C
i
t
y
Engineer's report on this plat dated FEBRUARY 16, 1989.
B. That the City Clerk is hereby directed to supply a certifie
d
c
o
p
y
o
f
this Resolution to the owners and subdivision of the abo
v
e
n
a
m
e
d
plat.
C. That the Mayor and City Manager are hereby authorized to ex
e
c
u
t
e
t
h
e
certificate of approval on behalf of the City Council upon
compliance with the foregoing provisions.
ADOPTED by the City Council on FEBRUARY 21, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
To: Mayor & Council
From: John D. Frane
Date: February 16, 1989
Re: Resolution 89-42
This assessment is for unbilled water and sewer charges. The ow
n
e
r
1
:
1
4
5
properly permitted for the connection, but for some reas
o
n
t
h
e
City never billed the owner. In discussions with the owner
a
s
t
o
payment it was agreed that the terms of assessment would
b
e
1
5
years. It was, however, assessed for 5 years.
37c1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 89-42
RESOLUTION AMENDING THE TERM OF LEVY NO. 11337
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
1. The period of years for the collection of Levy #11337 is hereby
changed from 5 years to 15 years. The first year of collection
is 1989.
ADOPTED BY THE Eden Prairie City Council on February 21, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #89-38
RESOLUTION APPROVING THE PRELIMINARY PLAT OF BENNETT PLACE ADDITION FOR
SAM THORPE AND FRANK CARDARELLE
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Bennett Place Addition for Sam Thorpe and Frank
Cardarelle, dated February 17, 1989, consisting of 1.48 acres into 4 single family
lots, a copy of which is on file at the City Hall, is found to be in conformance
with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 21st day of February, 1989.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
STAFF REPORT
Planning Commission
Scott A. Kipp, Assistant Planner
Chris Enger, Director of Planning
January 20, 1989
Bennett Place Addition
Northeast corner of Bennett Place and Blossom Road
Sam Thorpe and Frank Cardarelle
1. Zoning District Change from R1-22 to R1-13.5 on 1.48 acr
e
s
.
2. Preliminary Plat of 1.48 acres into 4 single family lots
a
n
d
road right-of-way.
TO:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE OWNER:
REQUEST:
The Comprehensive Guide Plan depicts Ft1.115;
a Low Density Residential use for
this site with surrounding sites
guided for Low Density Residential %7
and Church to the east. The
property is currently zoned R1-22
with surrounding land uses con-
sisting of Prairie Lutheran Church TIC.
to the east; J & L Addition to the
south, zoned R1-13.5; Eden Prairie C
Acres and Creekview Estates to the
west, zoned R1-13.5; and the
property to the north, owned by
Hennepin County, for future right-
of-way and storm water ponding
needs. This property was previously
graded to accommodate 4 single
family lots. The only significant
vegetation on-site consists of 2 oak
trees near the rear of Lots 2 and 3,
and are proposed to be preserved
during construction. A single
family home is currently under
construction on Lot 4 with access
proposed to Blossom Road.
I
AREA LOCATION MAP
Bennett Place Addition 2 January 20, 1989
Preliminary Plat
The request is to rezone the property from R1-22 to R1-13.5 and preliminary plat 4
single family lots and road right-of-way on 1.48 acres. The average lot size is
14,315 square feet, with a minimum lot size of 13,511 square feet. All lot width
and depth requirements are in conformance with City Code. The property located to
the north is not part of the preliminary plat and is owned by Hennepin County. Part
of Lot 1 contains a drainage and utility easement that extends diagonally into the
property. This easement is to provide additional storm water capacity for the
ponding area to the north, and should not affect the development of a home on this
site.
The density of the property is 2.7 units per acre, since only 4 of the Bennett Place
right-of-way is contained within the plat. Normally, right-of-way dedication is to
the centerline of the roadway, but that right-of-way was dedicated earlier. If
dedication were to the centerline of Bennett Place, the site density would be 2.4
units per acre, within the Low Density Residential limits of the Guide Plan.
Grading and Utilities
Site grading of this property took place in the Summer of 1988 to accommodate 4
house pads. A portion of Lot 3 indicates slopes in excess of 2.5:1. This plan
should be modified so that slopes do not exceed Code maximum of 3:1. The existing
drainage pattern to the north to the lowland area will be maintained except that the
property will be terraced to accept house construction. The grading plan also
indicates grading within the Bennett Place right-of-way. The proponent shall modify
the plan so that no grading occurs within this right-of-way.
Sanitary sewer and water are available to the site with connection to services
located in Bennett Place and Blossom Road. However, Lot 1 proposes to use the water
and sewer stubs supplied for the property located to the north. Unless the
proponent receives approval from Hennepin County, an additional sewer and water stub
will need to be supplied to service Lot 1.
STAFF RECOMMENDATIONS
Staff would recommend approval based upon plans dated September 12, 1988, and
December 12, 1988, this Staff Report, and the following:
1. Prior to City Council review, proponent shall:
A. Revise the grading plan not to exceed 3:1 slopes, and to remove any
grading from the road right-of-way.
B. Receive permission from Hennepin County to utilize the existing
sanitary sewer and water stubs supplied for their property, or
revise plans to provide an additional sewer and water stub for Lot
1.
2. Prior to Final Plat, proponent shall:
A. Submit detailed storm water run-off and erosion control plans for
review by the Watershed District.
977
Bennett Place Addition 3 January 20, 1989
B. Submit detailed storm water run-off, utility, and erosion control
plans for review by the Engineering Department.
3. Prior to Building permit issuance, proponent shall:
A. Pay the Cash Park Fee.
VAC 89-01
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-32
VACATION OF A EASEMENT FOR PUBLIC RIGHT-OF-WAY
(TEMPORARY TURN-AROUND) OVER PARTS OF LOT 10, BLOCK 1 AND
LOT 9, BLOCK 2, PURGATORY RIDGE
WHEREAS, the City of Eden Prairie has certain easements for public right-
of-way described as follows:
SEE EXHIBIT A
WHEREAS, a public hearing was held on February 21, 1989, after due notice
was published and posted as required by law;
WHEREAS, it has been determined that the said easements for public right-
of-way are not necessary and have no interest to the public, therefore,
should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
I. Said easements for public right-of-way as above described are
hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of the
proceedings in accordance with M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on February 21, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
ox.)
VACATION 89-01
RESOLUTION 89-32
- EXHIBIT A -
Easements for public right-of-way purposes as described in Document Number
1595587 recorded in the office of the Registrar of Titles, Hennepin County,
Minnesota as follows:
An easement for public right-of-way purposes over, under and across
the easterly 10.00 feet of the southerly 75.00 feet of Lot 9, Block 2,
Purgatory Ridge, according to the recorded plat thereof, measured at
right angles to the easterly and southerly lines of said Lot 9,
respectively.
An easement for public right-of-way purposes over, under and across
the westerly 10.00 feet of the southerly 75.00 feet of Lot 10, Block
1, Purgatory Ridge, according to the recorded plat thereof, measured
at right angles to the westerly and southerly lines of said Lot 10,
respectively.
Drainage and utility easements as shown on the plat of Purgatory Ridge on
file in the office of the Registrar of Titles, Hennepin County, Minnesota
are to remain in place as platted.
'30)1
VAC 89-02
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-33
VACATION OF A DRAINAGE AND UTILITY
EASEMENTS IN LAVONNE INDUSTRIAL PARK
WHEREAS, the City of Eden Prairie has certain drainage and utility easements
described as follows:
The Drainage and utility easements as shown on Lot 4, Block 1, and
Outlot C, LAVONNE INDUSTRIAL PARK, according to the plat thereof on file
or of record in the office of the Registrar of Titles, Hennepin County,
Minnesota.
WHEREAS, a public hearing was held on February 21, 1989, after due notice was
published and posted as required by law;
WHEREAS, it has been determined that the said drainage and utility easements
are not necessary and have no interest to the public, therefore, should be
vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said drainage and utility easements as above described are hereby
vacated.
2. The City Clerk shall prepare a Notice of Completion of the
proceedings in accordance with M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on February 21, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
CONFERENCE-COUNCILMEMBER
CONFERENCE-COUNCILMEMBER
BROOMBALL REGISTRATION-ORGANIZED ATHLETICS
COSTUME RENTAL-SOCIAL EVENT
DEPOSIT FOR COSTUME RENTAL-SOCIAL EVENTS
EXPENSES-WINTER SKILL DEVELOPMENT
EXPENSES-WINTER SKILL DEVELOPMENT
REFUND-SWIMMING LEESONS
REFUND-SWIMMING LESSONS
REFUND-SWIMMING LESSONS
REFUND-SKI TRIP
REFUND-SWIMMING LESSONS
REFUND-SKI TRIP
REFUND-SWIMMING LESSONS
REFUND-SKATING LESSONS
REFUND-SWIMMING LESSONS
REFUND-SKI TRIP
REFUND-CROSS COUNTRY SKIING
SERVICE
SERVICE
SERVICE
REFUND-SKATING LESSONS
REFUND-SKATING LESSONS
SERVICE
REFUND-SKI TRIP
REFUND-SKI TRIP
REFUND-SKATING LESSONS
REFUND-DOGSLEDDING
CONFERENCE-COUNCILMEMBER
CONFERENCE-COUNCILMEMBER
CONFERENCE-COUNCILMEMBER
CONFERENCE-COUNCILMEMBER
WINE
LIQUOR
LIQUOR
WINE
WINE
LIQUOR
WINE
WINE
SERVICE
XEROX PAPER-POLICE DEPT
EXPENSES-POLICE DEPT
POSTAGE-POLICE DEPT
HAND WEIGHTS-FITNESS CLASSES
-AIR FRESHENER SERVICE-CITY HALL/UNIFORMS-
-STREET DEPT/SEWER DEPT/PARK MAINTENANCE/
COMMUNITY CENTER/TOWELS-LIQUOR STORE
-JANUARY 89 MILEAGE/EXPENSES-PARKS
RECREATION & NATURAL RESOURCES
CONCESSION STAND SUPPLIES-COMMUNITY CENTER
-24 SOFTBALLS-SNOW SOFTBALL TOURNAMENT-
ORGANIZED ATHLETICS
BEER
BEER
218.00
220.00
330.00
50.00
50.00
10.60
4.77
20.00
17.00
14.00
5.50
14.50
12.00
22.00
27.00
17.00
12.50
8.00
18864.99
9403.52
9590.66
27.00
27.00
50.92
4.00
4.00
27.00
10.00
30.00
218.00
55.00
305.00
68.32
11508.68
9180.69
3325.17
1976.93
4778.54
162.70
123.75
16.50
745.78
51.23
1000.00
351.78
991.95
233.75
539.73
89.90
3494.90
4552.57
FEBRUARY 211989
48824 CONFERENCE TRAVEL CENTER
q25 NATIONAL LEAGUE OF CITIES
.26 MN RECREATION & PARK ASSN
48827 TEENER'S THEATRICAL DEPT STORE
48828 TEENER'S THEATRICAL DEPT STORE
48829 A TO Z RENTAL
48830 MC DONALD'S
48831 DAVID BROWN
48832 LONDA ARNFELT
48833 MARY BERGER
48834 JENNIFER DUCAVAGE
48835 CORY ENGSTROM
48836 CHERYL FEY
48837 ELIZABETH HARK
48838 ANNETTE JOHNSON
48839 SANDY KRAEMER
48840 ROBERT LEWIS
48841 DAVID LOWE
48842 MINNEGASCO
48843 NORTHERN STATES POWER CO
48844 NORTHERN STATES POWER COMPANY
48845 KAREN RINDAL
48846 JOAN STOLE
48847 U S WEST COMMUNICATIONS
48848 KAREN VEVLE
48849 TERRY VINCENT
48850 JANE WAHOSKE
51 MARTIN WONER
J52 STATE OF THE REGION
48853 CONFERENCE TRAVEL CENTER
48854 LEAGUE OF MN CITIES
48855 NATIONAL LEAGUE OF CITIES
48856 EAGLE WINE CO
48857 GRIGGS COOPER & CO INC
48858 JOHNSON BROS WHOLESALE LIQUOR
48859 ED PHILLIPS & SONS CO
48860 PRIOR WINE CO
48861 QUALITY WINE & SPIRITS CO
48862 TOW DISTRIBUTING CORP
48863 THE WINE COMPANY
48864 AT&T CONSUMER PRODUCTS DIV
48865 BUTLER PAPER COMPANY
48866 PETTY CASH-POLICE DEPT
48867 RMRS SYSTEM
48868 HERMAN'S SPORTS
48869 AMERICAN LINEN SUPPLY CO
48870 ROBERT LAMBERT
48871 MIDLAND PRODUCTS CO
48872 STEICHENS SPORTING GOODS
/3 BEER WHOLESALERS INC
48874 DAY DISTRIBUTING CO
8286283
'3 0 3
FEBRUARY 21,1989
48875 EAST SIDE BEVERAGE CO BEER
9876 KIRSCH DISTRIBUTING CO BEER
i877 MARK VII DISTRIBUTING COMPANY BEER
48078 MIDWEST COCA COLA BOTTLING CO MIX
48879 PEPSI COLA COMPANY MIX
48880 RC BEVERAGE-TWIN CITIES MIX
48881 THORPE DISTRIBUTING COMPANY BEER
48882 TWIN CITY HOME JUICE MIX
48883 ALEXANDRIA FIRE DEPARTMENT CONFERENCE-FIRE DEPT
48884 AT&T SERVICE
48885 ROBERT & LYNNE BEATTY REFUND-ORCHESTRA HALL TRIP
48886 DIANE BURGER REFUND-ORCHESTRA HALL TRIP
48887 COMMISSIONER OF REVENUE JANUA 9 V 89 FUEL TAX
48888 DEPARTMENT OF NATURAL RESOURCES -1989 DNR WATER APPROPRIATION PERMIT-WATER
DEPT
48889 DUN 14 BRADSTREET SCHOOL-FIRE DEPT
48890 IPMA MINNESOTA CHAPTER DUES/EXPENSES-HUMAN RESOURCES
48891 MAJORIE JENNINGS REFUND-SWIMMING LESSONS
48892 JIM & BETTY KILLINGSWORTH REFUND-CROSS COUNTRY SKI LESSONS
48893 NANCY KLABER REFUND-SWIMMING LESSONS
48894 SPENCER & DOROTHY MARSH REFUND-DEFENSIVE DRIVING CLASS
48895 JOAN MEYERS REFUND-ORCHESTRA HALL TRIP
48896 PETTY CASH -CHANGE FUND-SNOW SOFTBALL TOURNAMENT-
ORGANIZED ATHLETICS
48897 JOHN & GLADYS SAILOR REFUND-DEFENSIVE DRIVING CLASS
48898 DAVID SORTEBERG REFUND-ORCHESTRA HALL TRIP
48899 MARGARET SORTEBERG REFUND-ORCHESTRA HALL TRIP
9 00 KATHLEEN THEILKE REFUND-KIDS KORNER
.5901 U S WEST COMMUNICATIONS SERVICE
48902 UNIVERSITY OF MINNESOTA CONFERENCE-FORESTRY DEPT
48903 JUSTINE VAN BEENEN REFUND-ORCHESTRA HALL TRIP
48904 SUBURBAN NATIONAL BANK PAYROLL 2/3/89
48905 CITY-COUNTY CREDIT UNION PAYROLL 2/3/89
48906 COMMISSIONER OF REVENUE PAYROLL 2/3/89
48907 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION
48908 GREAT WEST LIFE ASSURANCE CO PAYROLL 2/3/89
48909 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION
48910 ICMA RETIREMENT CORPORATION PAYROLL 2/3/89
48911 INTL UNION OF OPERATING ENS
FEBRUARY 89 UNION DUES
48912 NORWEST BANK HOPKINS
PAYROLL 1/20/89 & 2/3/89
48913 EXECUTIVE DIRECTOR-PERA
PAYROLL 2/3/89
48914 EXECUTIVE DIRECTOR-PERA
MARCH 89 LIFE INSURANCE PREMIUM
48915 UNITED WAY
PAYROLLS 1/6/89 & 1/20/89 & 2/3/89
48916 CONFERENCE TRAVEL CENTER
CONFERENCE-COUNCILMEMBER
48917 SUPPLIES 7 HI ENTER INC
FEBRUARY 89 RENT-LIOUOR STORE
48918 JOHN FRAME
JANUARY 89 EXPENSES-FINANCE DEPT
48919 MN RECREATION & PARK ASSN -TEAM REGISTRATION-SOFTBALL TOURNAMENT-
SPECIAL EVENTS
48920 POWER TEK INDUSTRIES INC
CAR PHONE CHARGER-POLICE DEPT
48921 CAFE ON THE POND
EXPENSES-HUMAN RESOURCES
48922 PETTY CASH
EXPENSES-CITY HALL
48923 STATE OF THE REGION
CONFERENCE-COUNCILMEMBERS/CITY MANAGER
'n924 KILLMER ELECTRIC COMPANY INC -SERVICE-PRAIRIE CENTER DRIVE TRAFFIC
SIGNALS
48925 MAX JOHNSON TRUCKING -SERVICE-1988 LIME SLUDGE REMOVAL &
DISPOSAL
11123.50
729.85
14274.66
401.85
370.15
200.55
17792.20
53.28
630.00
532.21
44.00
22.00
160.80
500.00
99.00
42.00
3.00
10.00
24.00
11.00
44.00
30.00
14.00
22.00
22.00
21.00
4266.92
60.00
22.00
52023.77
1306.00
10553.33
252.00
4306.00
194.76
1228.92
920.00
1000.00
26289.26
99.00
739.50
20.00
4551.42
200.00
35.00
64.00
23.85
65.53
120.00
48953.59
6345.00
21082490
48926 ACRO-MINNESOTA INC
48927 AFTON ALPS SKI AREA
48929 AIRLIFT DOORS INC
?29 AMERICAN LINEN SUPPLY CO
OFFICE SUPPLIES-CITY HALL/POLICE DEPT
SKI TRIP/FEES PAID
DOOR REPAIR-PUBLIC WORKS BLDG/POLICE BLDG
-AIR FRESHENER SERVICE-CITY HALL/UNIFORMS-
-WATER DEPT/STREET DEPT/SEWER DEPT/PARK
-MAINTENANCE/COMMUNITY CEWTER/TOWELS-
LIQUOR STORE
BOND PAYMENT
-PRINTING-WINTER WONDERLAND FLYERS-SOCIAL
EVENT
FILM RENTAL-WATER DEPT
SIGN POSTS/BASES-STREET DEPT
EXPENSES-FIRE DEPT
HANDLE-EQUIPMENT MAINTENANCE
PUMP PROCESS CONTROL REPAIR-WATER DEPT
WHEEL/SHAFT-EQUIPMENT MAINTENANCE
SERVICE
-PAINT/CONVERTER/TAC RAGS/FILTER RETAINER/
THINNER/HARDENER/GLASS-EQUIPMENT MAINT
1988 CHEVROLET CELEBRITY-FIRE DEPT
-SERVICE-TRAFFIC STUDY/COLUMBINE RD
FEASIBILITY
-SEALS/MOTOR STARTER/INSTALL 2 RECEPTACLES-
WATER DEPT
SERVICE-HIGHWAY 5 TO COUNTY ROAD 4
-WIRE/FUSESiWINOEHIELD WASHER FLUID/
-MUFFLER CLAMPS/SIGNAL FLASHERS/LAMPS/
WASHER PUMPS-EQUIPMENT MAINTENANCE
SERVICE-CITY HALL
-I CAMCORDER-41099.99/3 ENTERTAINMENT
-CENTERS-$597.00/TAPES/CAMERA TRIPOD/
CAMCORDER BATTERY PACK-FIRE DEPT
WASTE DISPOSAL-PARK MAINTENANCE
-MINUTES-CITY COUNCIL/HISTORICAL &
CULTURAL COMMISSION
CLUTCH-EQUIPMENT MAINTENANCE
HOCKEY OFFICIAL/FEES PAID
-3 VACUUM CLEANERS-$630.00/VACUUM CLEANER
BAGS-FACILITIES
GRAVEL-STREET MAINT/SNOW & ICE CONTROL
SERVICE
MARCH 89 COPIER RENTAL-FIRE DEPT
TYPEWRITER-POLICE DEPT
MILEAGE/EXPENSES-MUNICI-PALS CONFERENCE
EMPLOYEE ASSISTANCE-HUMAN RESOURCES
-SERVICE-HWY 212 ENVIRONMENTAL IMPACT
STATEMENTS & STUDY REPORT
LUBRICANTS/AIR GUN-EQUIPMENT MAINTENANCE
-CHAIN SAW-$89.00/SNOWMOBILE REPAIR/OIL/
PLUGS-PARK MAINTENANCE/FORESTRY DEPT
LEGAL ADS-INDOOR POOL-COMMUNITY CENTER
EXPENSES-SPECIAL EVENT
-32 NOZZLES-612720.00/12 CONNECTIONS-
$1800.00/8 HOSES-$4550.00-FIRE DEPT
48930 AMERICAN NATIONAL BANK
48931 AMERICAN SPEEDY PRINTING CENTERS
48932 AMERICAN WATER WORKS ASSOC
48933 EARL F ANDERSEN & ASSOC INC
48934 ANDERSON'S GARDEN
48935 ANDY'S PICKUP PALACE INC
48936 AQUATROL CORPORATION
48937 ASTLEFORD INTL INC
48938 AT&T DATA SERVICES
48939 AUTO CENTRAL SUPPLY
48940 AVIS RAC
48941 B R W INC
48942 BACON'S ELECTRIC CO
48943 BARTON ASCHMAN ASSOCIATES INC
48944 BATTERY & TIRE WAREHOHRF INC
48945 BERRY COFFEE COMPANY
46 BEST BUY CO
48947 BIFFS INC
48948 LOIS BOETTCHER
48949 BUYER FORD TRUCKS INC
48950 TORY BOYUM
48951 BRISSMAN KENNEDY INC
48952 BRYAN ROCK PRODUCTS INC
48953 BUREAU OF CRIMINAL APPREHENSION
48954 BUSINESS CREDIT LEASING INC
48955 BUSINESS MACHINES SALES & SVC
48956 JOHN E CARLON III
48957 CARLSON & CARLSON ASSOC
48958 CARVER COUNTY TREASURER
48959 CERTIFIED LABORATORIES
48960 CHANHASSEN LAWN & SPORTS
48961 CHAPIN PUBLISHING COMPANY
48962 CIRCUS
48963 CLAREYS SAFETY EQUIPMENT INC
1900.94
877.50
220.00
1429.24
600462.50
114.00
20.00
102.45
17.00
10.00
177.25
252.35
255.00
280.43
8609.00
829.60
678.40
64347.80
206.57
396.50
1869.96
139.00
111.60
247.04
200.00
710.72
1682.82
450.00
182.75
695.00
14.05
340.00
2378.47
194.58
505.17
169.20
156.00
19076.00
)46809
FEBRUARY 21,1989
48964 CLUTCH & TRANSMISSION SER INC WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE , -965 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-EQUIPMENT MAINTENANCE
' 66 COPY EQUIPMENT INC PAINT-SIGNS-STREET DEPT
48967 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES-WATER DEPT
48968 CURTIS INDUSTRIES INC -DRILL BITS/KEYS/NUTS/BOLTS/HACKSAW-
EQUIPMENT MAINTENANCE/PARK MAINTENANCE
49969 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT
48970 D B SERVICE & EQUIPMENT BOOM SWIVEL/OVERHEAD BOOM-EQUIPMENT MA1NT
48971 BILL DAGGETT VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID
48972 WARD F DAHLBERG JANUARY 89 EXPENSES-LIQUOR STORE
48973 DAL TILE CORPORATION TILES/ADHESIVE/GROUT-FIRE DEPT
48974 13 DALTON BOOKS-FIRE DEPT
48975 DALCO -LIME GRIT BUCKETS/CLEANING SUPPLIES/HOSES!
VACUUM-$325.00/CITY HALL/WATER DEPT
48976 BARB DANIELSON MILEAGE-MUNICI-PALS CONFERENCE
48977 DAVIES WATER EQUIPMENT CO HYDRANT REPAIR KITS-WATER DEPT
48978 CRAIG DAWSON MILEAGE/EXPENSES-ADMINISTRATION
48979 DE LUCAS RESTAURANT SUPPLY INC -KITCHEN SUPPLIES/POTS & PANS/UTENSILS FOR
3 FIRE STATIONS
48980 DIAMOND ACCEPTANCE -MARCH 89 COPIER INSTALLMENT PAYMENT-
POLICE DEPT
48981 EUGENE DIETZ JANUARY 89 EXPENSES-ENGINEERING DEPT
48982 DIGITAL MUSIC CO COMPACT DISCS-COMMUNITY CENTER
48983 DIXIE PETRO CHEM INC CHLORINE-WATER DEPT
48984 DON EVE & SONS HAY BALES-PARK MAINTENANCE
48985 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT
48986 DRISKILLS SUPER YALU -EXPENSES-CITY HALL/POLICE DEPT/SENIOR
CENTER
37 DRISKILLS SUPER YALU EXPENSES-COMMUNITY CENTER
48988 PAULA DUNNUM AEROBICS INSTRUCTOR/FEES PAID
48989 DYNA SYSTEMS -FLOOR PAINT/DRILL BITS/HOSE CLAMPS/
CLEANING SUPPLIES-WATER DEPT
48990 E P PHOTO FILM-FIRE DEPT
48991 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT
48992 CITY OF EDINA SERVICE-JANUARY 89 WATER TESTS
48993 EGAN MCKAY ELECTRICAL CONTRACTORS -SERVICE-REPLACE SIGNAL RELAY SWITCHES-
GRAFITTI BRIDGE
48994 JOHN H EKLUND JANUARY 89 WASTE DISPOSAL-FORESTRY DEPT
48995 ELVIN SAFETY SUPPLY INC -PESTICIDE PAINT SPRAY/EAR PLUGS/SAFETY
6LOVES-SEWER DEPT/WATER DEPT
48996 EMPRO CORPORATION AIR PUMP REPAIR-FACILITIES
48997 EPA AUDIO VISUAL INC CLEANING SOPLIES-WATER DEPT
48998 EXPRESS MESSENGER INC POSTAGE-PLANNING DEPT
48999 FAIRCHILD MARKETING ADVERTISING-LIQUOR STORES
49000 FEDERAL AVIATION ADMINISTRATION REFUND-FINGER PRINTING-POLICE DEPT
49001 FE 1ST BLANCHARD CO -WATER PUMPS/HOSES/TIE ROD ASSEMBLY/HOSE
-CLAMPS/POWER STEERING PUMP/HOSE CUTTER/
-CLUTCH ASSEMBLY/FUEL PUMP/SOLENOID
-SWITCH/VOLT REGULATOR/LAMPS/BELTS/ROTOR/
-TOGGLE SWITCH/BEARINGS/MASTER CYLINDERS/
SMOG PUMP-EQUIPMENT MAINTENANCE
49002 FIRE INSTRUCTORS ASSN OF MN TRAINING SUPPLIES-FIRE DEPT
4P"1 3 FIRST WESTERN BANK INVESTIGATION-POLICE DEPT
4 LYNDELL FREY -EXPENSES/MILEAGE-WINTER SKILL DEVELOPMENT.
RECREATION DEPT
86.05
230.70
98.40
200.30
531.46
6581.81
380.10
128.50
80.00
107.00
275.00
727.53
13.60
47.23
31.90
873.40
300.00
204.50
54.98
984.00
92.50
26.70
87.92
146.71
225.00
555.01
23.00
47.60
114.00
165.81
140.00
183.59
148.00
88.70
20.75
350.00
10.00
1100.75
104.44
92.00
143.02
1580196
FEBRUARY 21,1989
49005 G 1 K SERVICES
006 KATE GARWOOD
49007 GETTING TO KNOW YOU
49008 GOODWILL INDUSTRIES INC
49009 GOVERNMENT TRAINING SERVICE
49010 ALAN D GRAY
49011 GREGG NELSON TRAVEL CO INC
49012 W W GRAINGER INC
49013 LEROY RIBA
49014 GUNNAR ELECTRIC COMPANY INC
49015 HACK CO
49016 HALE COMPANY INC
49017 MICHAEL W HAMILTON
49018 HANSEN THORP PELLINEN OLSON INC
49019 JEAN HARRIS
49020 ROGER HAWKINSON
4902: HELLER'S CARBONIC WEST INC
49022 HENNEPIN COUNTY TREASURER
49023 HENNEPIN COUNTY TREASURER
49024 HENNEPIN COUNTY TREASURER
( )25 HENN CTY-SHERIFFS DEPT
49026 HENNEPIN TECHNICAL INSTITUTE
49027 D C HEY COMPANY INC
49028 HOFFERS INC
49029 HONEYWELL INC
49030 MICHAEL J HOSTETLER
49031 THE HP PC COMMUNICATOR
49032 IBM CORPORATION
49033 INDEPENDENT SCHOOL DIST •272
49034 INTL OFFICE SYSTEMS INC
49035 WALTER CHARLES JAMES
49036 PENNY JESSEN
49037 JM OFFICE PRODUCTS INC
49038 JEAN JOHNSON
49039 JUSTUS LUMBER CO
49040 KAFAK CORPORATION
49041 KOKESH ATHLETIC SUPPLIES INC
49042 KRAEMERS HOME CENTER
49043 MARY KOTTKE
-COVERALLS/TOWELS-WATER DEPT/PARK MAINT/
LIQUOR STORE
MILEAGE-PLANNING DEPT
ADVERTISING-LIQUOR STORES
-2 TRAILERS-$10600.00/STEPS-$400.00/2
-HEATING UNITS-$1850.00/CONTAINERS-
$3212.00-SOLID WASTE MANAGEMENT
SCHOOL-POLICE DEPT
JANUARY 89 EXPENSES-ENGINEERING DEPT
SCHOOL-FIRE DEPT
-SNOWBLOWER CHAIN-PARK MAINTENANCE/SAFETY
CABINET-STREET MAINTENANCE
HOCKEY OFFICIAL/FEES PAID
WALL PLATE/FUSES/COVER-PARK MAINTENANCE
LAB SUPPLIES-WATER DEPT
HOIST CHAIN-EQUIPMENT MAINTENANCE
BROOMBALL OFFICIAL/FEES PAID
-SERVICE-HAMILTON RD/S W EDEN PRAIRIE
-DEVELOPMENT PHASING STUDY/COUNTY ROAD 4
-WATER MAIN/MEDCOM BLVD/RED ROCK LAKE
CONNECTION/RIVERVIEW ROAD
EXPENSES-COUNCILMEMBER
BASKETBALL OFFICIAL/FEES PAID
CHEMICALS-WATER DEPT
DECEMBER 88 BOARD OF PRISONERS-POLICE DEPT
FILING FEE-PLANNING DEPT
POSTAGE-VOTER REGISTRATION VERIFICATIONS
-RADIO REPAIR-POLICE DEPT/MOBILE RADIO
LEASE-FIRE DEPT
SCHOOL-FIRE DEPT
TONER-PUBLIC WORKS BUILDING
PAINT/PAINT THINNER/LACQUER-PARK MAINT
-89 MECHANICAL MAINTENANCE AGREEMENT-WATER
DEPT
HOCKEY OFFICIAL/FEES PAID
SUBSCRIPTION-FINANCE DEPT
MARCH 89 MAINTENANCE AGREEMENT-CITY HALL
-BUS SERVICE-SPORTS/SPECIAL CAMPS/ROOM
-RENTAL-HISTORICAL & CULTURAL COMMISSION/
EXPENSES-CITY HALL
FREIGHT-POLICE DEPT
EXPENSES-FIRE DEPT
VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID
-OFFICE SUPPLIES-CITY HALL/WATER DEPT/
SEWER DEPT
MILEAGE/EXPENSES-PLANNING DEPT
CEDAR FENCING/TIMBERS-PARK MAINTENANCE
EVIDENCE POUCHES-POLICE DEPT
-STOP WATCH/TIMER/WHISTLES/ROPE-ORGANIZED
ATHLETICS
-BRUSHES/PAINT/CEILING PANEL/ELECTRIC WIRE,/
-COVERS/ADAPTORS/FUSES/CONNECTORS/LAMPS/
-BATTERIES/SHOVELS-WATER DEPT/STREET DEPT/
PARK MAINT/EQUIPMENT MAINT
VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID
430.45
16.50
171.00
16062.00
165.00
319.30
436.00
468.59
180.50
15.69
35.20
218.60
246.50
19095.01
148.27
174.00
337.32
1438.50
34.00
455.55
367.73
60.00
108.50
366.55
10445.50
146.00
44.00
424.32
627.08
3.00
14.14
408.00
206.47
11.00
608.59
288.00
91.32
182.19
51.00
5490137
FEBRUARY 21,1989
49044 LAB SAFETY SUPPLY WARNING SIGNS-WATER DEPT
. )45 CINDY LANENBERG MILEAGE-FIRE DEPT
46 LANG PAULY R GREGERSON LTD SEPTEMBER 88 LEGAL SERVICE
49047 LAPPIN ELECTRIC CO WATER LEVEL FLOAT FOR SUMP PUMP-WATER DEPT
49048 LEEF BROS INC COVERALLS-EQUIPMENT MAINTENANCE
49049 LOGIS HOMESTEAD BILLING-ASSESSING DEPT
49050 LYMAN LUMBER CO -PLYWOOD/TIMBERS/CEDAR-STREET DEPT/PARK
MAINTENANCE
49051 MACQUEEN EQUIPMENT INC -WASTE CONTAINER/BROOM SWEEPER PARTS-
EQUIPMENT MAINTENANCE
49052 MARKHURD CORPORATION PHOTO ENLARGEMENT/MOUNTING-WATER DEPT
49053 MARSHALL & SWIFT SUBSCRIPTION-ASSESSING DEPT
49054 MARSHALL & SWIFT COMPUTER SOFTWAPE-ASSESSING DEPT
49055 MARTIN-MCALLISTER STRESS TESTS-HUMAN RESOURCES/POLICE DEPT
49056 MATTS AUTO SERVICE INC TOWING-EQUIPMENT MAINTENANCE
49057 LILLIAN MAUNU POSTAGE/MILEAGE-PLANNING DEPT
49058 MCGLYNN BAKERIES INC EXPENSES-CITY HALL/POLICE DEPT
49059 MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT
49060 MENARDS -TUBS/TAPE MEASURE-WATER DEPT/ASSESSING
DEPT
49061 ttlIAL 1111If 1111 ELECTRICAL CORDS/PINS-EQUIPMENT MAINT
49062 11 frITHn11 -ENVEI.OPES/NOTE CARDS-$316.00-FIRE DEPT/
DOG LICENSE APPLICATIONS-ANIMAL CONTROL
49063 METROPOLITAN WASTE CONTROL COMMIS JANUARY 89 SAC CHARGES
49064 MIDLAND PRODUCTS CO TABLE TOP-PUBLIC WORKS BUILDING
49065 HERMAN MILLER INC PARTITIONS/LIGHT-ENGINEERING DEPT
49066 MINNESOTA COMMUNICATIONS CORP -FEBRUARY 89 PAGER SERVICE-SEWER DEPT/
WATER DEPT/POLICE DEPT/FIRE DEPT
, 67 MN CONWAY FIRE & SAFETY FIRE HOSE-FIRE DEPT
49068 MN DEPT OF TRADE & ECONOMIC DEVEL BOOK-PLANNING DEPT
49069 MINNESOTA MAYORS ASSOCIATION 1989 MEMBERSHIP DUES
49070 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORES
49071 MN SUBURBAN PUBLICATIONS EMPLOYMENT ADS-COMMUNITY CENTER
49072 MINNESOTA WANNER CO -4 HOSE REELS-$3984.00/HOSES-$288.00-FIRE
DEPT
40.97
50.75
15744.26
130.21
209.50
827.48
114.96
398.50
161.00
95.00
495.00
1100.00
84.00
31.50
21.40
55.80
32.82
3.10
557.00
26185.50
76.00
237.16
210.50
2460.00
15.00
10.00
292.80
192.00
4272.00
4083.00
728.77
513.41
94.50
229.58
46.00
64.27
75.50
51.50
216.00
49073 MOTOROLA INC
49074 MOTOROLA INC
49075 1411 DISTRIBUTING CO
49076 GREGORY J MUELLER
49077 MUNICILITE CO
49078 BETH MUNDY
49079 MUNITECH INC
49080 NATIONAL RECREATION & PARK ASSN
49081 DENNIS NESBITT
49082 V1NH THANH NGUYEN
49083 JP NOREX INC
49084 NORWEST BANK MINNEAPOLIS N A
49085 OFFICE PRODUCTS OF MN INC
49086 PACE LABORATORIES INC
49087 PARK NICOLLET MEDICAL CENTER
49088 SANDRA PERREAULT
4 0 ^99 PERSONNEL POOL
0 CONNIE L PETERS
49091 PHOTON INC
RADIO EQUIPMENT FOR NEW CAR-FIRE DEPT
RADIO REPAIR-FIRE DEPT
TUBE/PUMP/MOUNT-EQUIPMENT MAINTENANCE
VOLLEYBALL OFFICIAL/FEES PAID
SPOTLIGHT/HANDLE ASSEMBLY-EQUIPMENT MAINT
BASKETBALL & WALLYBALL OFFICIAL/FEES PAID
METER TESTING-WATER DEPT
BOOKS-PARK t RECREATION DEPT
MILEAGE-BUILDING DEPT
VOLLEYBALL OFFICIAL/FEES PAID
WATER MAIN REPAIR-CHESNUT DRIVE-WATER DEPT 1969.71
BOND PAYMENT 3018244.89
-TYPEWRITER REPAIR/PRINTER REPAIR-FINANCE 153.75
DEPT/BUILDING DEPT
SOUND LEVEL SURVEY-WATER DEPT 486.60
STRESS TESTS-FIRE DEPT 1695.00
MILEAGE/EXPENSES-POLICE DEPT 15.30
SERVICE-BUILDING DEPT 576.64
MILEAGE-COMMUNITY CENTER 19.25
PRINT-FORESTRY DEPT 5.15
308337303
FEBRUARY 21,1989
49092 PRAIRIE ELECTRIC COMPANY INC -INSTALL 6 ELECTRICAL CIRCUITS/2
-RECEPTACLES/I FLOOR 90112 PLUGMOLD STRIPS-
POLICE DEPT
49093 PRAIRIE HARDWARE OUTLET/WASHER HOSES-FIRE DEPT
49094 PRAIRIE HARDWARE -SCREWS/WRENCHES/PAINT PENS/KEYS/FILTERS/
-NUTS/BOLTS/DRILL BITS/HOOKS/FLASHLIGHT-
PARK MAINTENANCE
49095 PRAIRIE HARDWARE -GLUE/ICE MELT/VALVE EXTENSION/BELT/
-BRUSHES/HOOKS/WASHERS/BOLTS/SCREWS/
-STAPLES/JUMPER CABLE/DRILL BIT/SCRAPERS/
PLUNGER/CABLE CLAMP-COMMUNITY CENTER
49096 PRAIRIE HARDWARE LOCKS-SEWER DEPT
49097 PRAIRIE HARDWARE -MAILBOX/STREET NUMBERS/NAILS/SHELVES/
-DRILL BITS/SHELF SUPPORTS/TOGGLE BOLTS/
-PAINT/SCREWS/HINGE/STEEL BAR/BRACKETS/
-HAMMERS/STAIN/PAINT BRUSHES/WRENCH/PLIERS/
CHISEL/TAPE-STREET DEPT
49098 PRAIRIE HARDWARE -PIPE/COUPLINGS/GASKET/KEY RINGS/PAINT
-ROLLER/MASKING TAPE/STEEL WOOL/WASHERS/
-HOOKS/BRUSHES/CHAIRS/BATTERIES/BUCKET/
GLASS-WATER DEPT
49099 PRIDE & PERFORMANCE INC -1/2 PAYMENT FOR RECOGNITION ITEMS-HUMAN
RESOURCES
49100 PRIOR LAKE AGGREGATE INC SAND-SEWER DEPT
49101 PSO BUSINESS COMMUNICATIONS INC SERVICE
49102 PUMP & METERS SERVICE INC MANHOLE COVER-PUBLIC WORKS BLDG
49103 PUMP & METER SERVICE REFUND-FIRE PREVENTION PERMIT
04 CATHERINE PUTKA MILEAGE/EXPENSES-MUNICI-PALS CONFERENCE
.05 RETAIL DATA SYSTEMS OF MN -CASH REGISTER TAPE/1989 MAINTENANCE
AGREEMENT-LIQUOR STORE
49106 RIDGE DOOR SALES & SERVICE INC DOOR REPAIR-FIRE STATION
49107 ROAD MACHINERY & SUPPLIES CO BOOK-PARK MAINTENANCE
49108 ROAD RESCUE INC FIRST AID RESCUE EQUIPMENT-FIRE DEPT
49109 ROGER'S SERVICE -MOTOR/REPAIR STARTER/EQUIPMENT PARTS-
EQUIPMENT MAINTENANCE
49110 ROLYN PROPERTIES INC REFUND-BUILDING PERMIT
49111 RYDER STUDENT TRANSPORTATION SERV BUS SERVICE-AFTON ALPS SKI TRIP
49117 SANCO INC -CLEANING SUPPLIES/JANITOR CART-$105.60/
CARPET CLEANER-$1478.00-FACILITIES
49113 THE SANDWICH FACTORY INC EXPENSES-CITY HALL
49114 SAVOIE SUPPLY CO INC VACUUM CLEANER ATTACHMENTS-FACILITIES
49115 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT/POLICE DEPT
49116 SETTER LEACH & LINDSTROM INC -SERVICE-COMMUNITY CENTER LITIGATION/
COMMUNITY CENTER REPAIR
49117 SHAKOPEE FORD INC -CARBURETOR REPAIR/VALVE ASSEMBLY/SPRING/
-CONTROL/MAT ASSEMBLY/REPLACE AIR CLEANER-
EQUIPMENT MAINTENANCE
49118 SKATELAND SPECIAL EVENT/FEES PAID
49119 SMITH HEATING REFUND-OVERPAYMENT MECHANICAL PERMIT
49120 SNAP ON TOOLS CORP SCRAPER/FORK/SOCKET SETS-EQUIPMENT MAINT
49121 SOUTHWEST AUTO SUPPLY INC -DRAIN PAN/BIN BOXES/SHOCKS/FILTERS/WATER
-PUMP/BRAKE SHOES/SEAL/BEARINGS/SPRAY
-NOZZLES/HOSES/GLUE/SCREWS/OIL/BRASS
-FITTINGS/GEAR BOX/MOTOR MOUNT/BUMPER/
-TEMPERATURE CONTROL/MONITOR UPDATE/JACK-
$1076.59-EQUIPMENT MAINTENANCE
1886.00
9.16
232.94
91.54
69.32
278.92
119.78
1788.15
36.26
294.00
44.15
25.00
19.30
1173.88
255.00
7.85
531.05
330.83
2785.50
260.00
1725.41
107.71
656.54
149.81
3845.18
272.97
87.75
4.00
224.30
2814.56
2012686
49122 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIQUOR STORES
49123 SPECIALTY SCREENING PLAQUE-FIRE DEPT
49124 SPS COMPANIES INC CLOSET REPAIR KIT-PARK MAINTENANCE
'125 SQUARE CUT SHELF SUPPORTS-POLICE DEPT
k 126 STATE TPEAsORER JANUARY 89 BUILDING SURCHARGES
49127 STREICHERS PROFESSIONAL POLICE E0 -LIGHTBAR-$631.40/BALLISTIC VES1-$385.00/
UNIFORMS-EQUIPMENT MAINTENANCE/POLICE DEPT
49128 SUBURBAN CHEVROLET -SWITCHES/BEARINGS/DOOR REPAIR/HEAD GASKET
-REPAIR/ROD REPAIR/0 RINGS/GASKETS-
EQUIPMENT MAINTENANCE
49129 SUPPLEE ENTERPRISES INC CLEANING SUPPLIES-LIQUOR STORE
49130 TECHNICAL REPRODUCTIONS INC PRINTING-PARK PLANNING
49131 TOTAL ENTERTAINMENT EXPENSES-CITY HALL
49132 VALERIE TRADER AEROBICS INSTRUCTOR/FEES PAID
49133 YEN TRAN VOLLEYBALL OFFICIAL/FEES PAID
49134 JEFF TRESIDDER -RECRUITING POSTER-$897.50/INVITATIONS-
FIRE DEPT
49135 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-EQUIPMENT MAINTENANCE
49136 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT
49137 UNITED STATE POLICE CANINE ASSOCI DUES-POLICE DEPT
49138 USA TODAY ADVERTISING-LIQUOR STORE
49139 VAUGHN DISPLAY FLAGS/FLAG REPAIR-CITY HALL/WATER DEPT
49140 CLAYTON G VNUK -TOOL CABINET-$700.00/JACK HANDLE/SOCKET
SETS/CHISELS/SCREWDRIVERS-WATER DEPT
49141 VOSS ELECTRIC CO LIGHT BULBS-FACILITIES
49142 VWR SCIENTIFIC INC LAB SUPPLIES-WATER DEPT
49143 WALDENBOOKS BOOKS-POLICE DEPT
49144 KEITH WALL EXPENSES-POLICE DEPT
49145 WATER PRODUCTS CO -1 1 1/2 1000 GAL METER-$317.79/METER
346.00
61.10
27.90
95.00
2596.71
1309.40
281.64
4.86
83.40
30.00
150.00
27.00
1007.50
527.36
231.72
64.00
17.00
467.22
900.10
51.15
88.25
203.60
16.00
1193.93
-FLAG/NUTS/BOLTS/5/8 MEASURING CHAMBER
COUPLINGS-$612.00-WATER DEPT
SENSOR/LIFE GUARD CHAIN-COMMUNITY CENTER
VIDEO TAPES-FIRE DEPT
SERVICE-FIRE STATIONS *2 & *3
VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID
LETTERHEAD-CITY HALL
POLICE EXAMINATIONS-HUMAN RESOURCES
JANUARY 89 MAINTENANCE AGREEMENT-CITY HALL
TIRES/WHEEL ALIGNMENT-EQUIPMENT MAINT
ROTARY VISE-STREET MAINTENANCE
CAP/SNOW PLOW PART-EQUIPMENT MAINTENANCE
AQUA AEROBICS INSTRUCTOR/FEES PAID
49146 WATERITE INC
49147 WATEROUS COMPANY
49148 WATSON FORSBERG CO
49149 TOM WEIN)
49150 WILSON TANNER GRAPHICS
49151 WOLLACK & ASSOCIATES
49152 XEROX CORP
49153 YOUNGSTEDTS INC
49154 ZACK'S INC
49155 ZIEGLER INC
49156 KAY ZUCCARO
48307 VOID OUT CHECK
48528 VOID OUT CHECK
48662 VOID OUT CHECK
48690 VOID OUT CHECK
3133762
1051.00
37.36
19896.69
165.00
365.00
935.09
360.62
90.00
67.91
157.50
41.19-
991.95-
53.75-
538.90-
$4209697.46
DISTRIBUTION BY FUNDS
10 GENERAL 213963.17
11 CERTIFICATE OF INDEBT 34866.51
12 CERTIFICATE DEBT FD 373650.00
15 LIQUOR STORE-P V M 55672.25
17 LIQUOR STORE-PRESERVE 35953.32
20 CEMETERY OPERATIONS 56.25
22 STATE AID CONST 69753.92
30 CASH PARK FEES 440.00
31 PARK ACQUIST & DEVELOP 3845.18
33 UTILITY BOND FUND 776.16
39 86 FIRE STATION CONST 38972.69
40 86 FIRE STATION DEBT 122962.50
44 UTILITY DEBT FUND 475873.66
45 UTILITY DEBT FD ARB 167868.67
48 82 G 0 DEBT-P/S & P/W 343298.84
51 IMPROVEMENT CONST FD 64930.64
55 IMPROVEMENT DEBT FUND ARB 344974.41
73 WATER FUND 42756.98
77 SEWER FUND 27531.07
81 TRUST & ESCROW FUND 871.93
91 T I F DEBT FUND 1790679.31
$4209697.46
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
Bob Lambert, Director of Parks, Recreation & Natural Resources
FROM: Stuart A. Fox, Manager of Parks and Recreation94 ;—
DATE: February 10, 1989
SUBJECT: Ordinance #6-89, Surface Use Ordinance for Mitchell and Red Rock
Lakes
The Parks, Recreation and Natui.al Resources Commission held public hearings in
October of 1988 to consider input from residents on a Surface Management
Ordinance for Mitchell Lake and Red Rock Lake. This input was then
considered by the City Council on November 1, 1988 with the motion being made
to restrict both lakes to watercraft which has a 10 horsepower motor or less.
One exception was that a couple of people on Mitchell Lake have pontoon boats
and this horsepower restriction would prohibit their usage. An exemption
clause was recommended for Mitchell Lake to allow variance by permit.
The City Attorney's office prepared an ordinance for the two lakes based on
the City Council's recommendations. The staff then applied to the Minnesota
Department of Natural Resources for permission to regulate these two lakes
with a surface use ordinance. On February 7, 1989, the City received a letter
(copy attached) from the DNR Commissioner Joseph Alexander that the Water
Surface Use Task Force had recommended approval and that he was granting
approval as required by State Law.
RECOMMENDATIONS
The staff recommends that the City Council pass Ordinance #6-89, which
regulates the use of Mitchell Lake and Red Rock Lake.
SAF:mdd
ORDINANCE NO. 6-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOT
A
,
A
M
E
N
D
I
N
G
CITY CODE CHAPTER 9 BY RENUMBERING PRESENT SECTIO
N
9
.
6
5
A
S
9
.
7
0
,
A
N
D
B
Y
RENUMBERING PRESENT SECTION 9.66 AS 9.71, AND BY
A
D
D
I
N
G
S
E
C
T
I
O
N
9
.
6
5
RELATING TO REGULATION OF THE USE OF MITCHELL LAK
E
A
N
D
B
Y
A
D
D
I
N
G
SECTION 9.66 RELATING TO THE REGULATION OF RED RO
C
K
L
A
K
E
;
A
N
D
A
D
O
P
T
I
N
G
BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99
W
H
I
C
H
,
A
M
O
N
G
O
T
H
E
R
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAIN
S
:
Section 1. City Code Chapter 9 shall be amended by renumberi
n
g
present Section 9.65 as 9.70 and present Section 9
.
6
6
a
s
9
.
7
1
.
Section 2. City Code Chapter 9 shall be and is a
m
e
n
d
e
d
b
y
a
d
d
i
n
g
thereto Section 9.65 which reads as follows:
"SEC. 9.65. REGULATION OF USE OF MITCHELL LAKE.
It is unlawful to operate any watercraft, vessel,
or boat on Mitchell Lake with a motor that exceed
s
10 horsepower. Authorized resource management,
emergency and enforcement personnel are exempt fr
o
m
this provision when acting in the performance of
t
h
e
i
r
assigned duties. A temporary exemption permit ma
y
b
e
granted upon the approval of the Board of Adjustm
e
n
t
s
and Appeals."
Section 3. City Code Chapter 9 shall be and is am
e
n
d
e
d
b
y
a
d
d
i
n
g
thereto Section 9.66 which reads as follows:
"SEC. 9.66. REGULATION OF USE OF RED ROCK LAKE.
It is unlawful to operate any watercraft, vessel,
or boat on Red Rock Lake with a motor that exceed
s
10 horsepower. Authorized resource management,
emergency and enforcement personnel are exempt
from this provision when acting in the performance
of their assigned duties."
Section 4. City Code Chapter I entitled "General Provisions
a
n
d
Definitions Applicable to the Entire City Code I
n
c
l
u
d
i
n
g
P
e
n
a
l
t
y
f
o
r
Violation" and Section 9.99 entitled "Violation A
M
i
s
d
e
m
e
a
n
o
r
"
a
r
e
hereby adopted in their entirety, by reference, a
s
t
h
o
u
g
h
r
e
p
e
a
t
e
d
verbatim herein.
1,Y
3°)(D
1 • .
Section 5. This ordinance shall become effective from an
d
a
f
t
e
r
its passage and publication.
FIRST READ at a regular meeting of the City Council of the
C
i
t
y
of Eden Prairie on the day of , 1989, and finally read and adopted and ordered published at a regula
r
m
e
e
t
i
n
g
o
f
the City Council of said city on the
day of , 1989.
ATTEST:
City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the
, 1989.
day of
STATE OF
iRmLescnin.
DEPARTMENT OF NATURAL RESOURCES
500 LAFAYETTE ROAD, ST. PAUL, MINNESOTA 55155-4037
OFFICE OF THE
ONR INFORMATION
COMMISSIONER
16121 296.6157
February 1, 1989
co'frr
Mr. Stuart A. Fox
Environmental Services Manager
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344-3677
Dear Mr. Fox:
After reviewing the proposed amendment to your existing
water surface use ordinance (Mitchell and Red Rock Lakes),
our water surface use task force has recommended that it be
approved. I concur with this recommendation and hereby
grant the approval required by M.S. 44 378.32 and 459.20, as
well as Minn. Rule 4 6110.3800, Subp. 2.
Please remember that primary enforcement of the ordinance,
as well as any buoying and posting of the public access with
a summary of restrictions, is the responsibility of the
city.
Thank you for your interest in boating safety and natural
resources.
Yours truly, age,4%.14—n
Joseph N. Alexander
Commissioner
c: Division of Enforcement
WSUM Task Force
Region VI Administrator
Hennepin Co. Sheriff's Water Patrol
AN EQUAL OPPORTUNITY EMPLOYER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 7-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, RENAMING RESEARCH ROAD AND
A SEGMENT OF MITCHELL ROAD.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORGAINS:
Section 1. Research Road and Mitchell Road between CSAH 1 and Research
Road shall be and is hereby renamed as Lake Caroline Parkway.
Section 2. Mitchell Road North of the west terminus of Research Road to
the entrance to the plat called Boulder Pointe shall be and is hereby renamed
as Brackett's Crossing.
Section 3. This ordinance shall become effective June 1, 1989.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie
on the 21st day of February, 1989, and finally read, adopted and ordered
published at a regular meeting of the Council of said City on the 7th day of
March, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
PUBLISHED in the Eden Prairie News on the 22nd day of March, 1989.
3C)7
February 13, 1989
Mayor and City Council
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344
Dear Mayor and Councilmembers:
As a resident on Mitchell Road, I have rather strong feelings reg
a
r
d
i
n
g
t
h
e
future name of that road/street/parkway. I am very aware of the c
o
n
c
e
r
n
s
o
f
the Director of Public Works and the Chief of Police regarding a
p
o
l
i
c
y
o
n
similar sounding street names. I understand that street names tha
t
h
a
v
e
t
w
o
similarly sounding names, or two names exactly the same, such as
W
o
o
d
r
i
d
g
e
Circle and Woodwatch Circle, or Eden Road and Eden Prairie Roa
d
c
o
u
l
d
c
a
u
s
e
confusion in an emergency; however, I personally believe that Sta
r
i
n
g
L
a
n
e
a
n
d
Staring Lake Parkway are different enough that it would be unlike
l
y
t
o
c
a
u
s
e
a
problem.
It should also be noted that there would only be six or seven resid
e
n
t
s
w
i
t
h
an address on the parkway, thus reducing the chances for confusio
n
.
If the Council decides not to name this street Staring Lake Park
w
a
y
,
I
w
o
u
l
d
suggest High Oaks Parkway, as the prominent trees on the hills
s
u
r
r
o
u
n
d
i
n
g
Staring Lake are oaks.
I personally believe that naming the road Caroline Lake Parkwa
y
w
o
u
l
d
o
n
l
y
lead people to believe that there is a Caroline Lake somewhere in
t
h
e
v
i
c
i
n
i
t
y
of the parkway. As the Council pointed out last year, no one would really
know the reason for the name "Caroline". It makes sense to name major
streets, especially parkways, the same as the major feature (lake)
o
r
p
a
r
k
o
n
which they front or for which they provide the access.
It seems logical to me that most people would expect to follow S
t
a
r
i
n
g
L
a
k
e
Parkway to Staring Lake Park, rather than Caroline Lake oarkway
o
r
M
u
r
p
h
y
'
s
Ferry Road, or even Cummins Parkway (the Cummins site is nearly
a
m
i
l
e
f
r
o
m
the intersection of Mitchell Road and County Road 1).
If the Council wishes to name the street after one of the origin
a
l
p
r
o
p
e
r
t
y
owners of the street location they are: Staring, McCoy, Brackett an
d
R
e
i
s
.
I believe that all but one of the residents on this street preferr
e
d
S
t
a
r
i
n
g
Lake Parkway when they were asked last year. (The one indiv
i
d
u
a
l
t
h
a
t
preferred to keep an address of Research Road doesn't have an
a
d
d
r
e
s
s
o
n
Research Road since they developed their property.)
Mayor & City Councilmembers -2- February 13, 1989
It seems to me there is usually an exception to every rule
,
a
n
d
i
n
t
h
i
s
c
a
s
e
I believe the citizens of Eden Prairie would understand th
e
l
o
g
i
c
o
f
S
t
a
r
i
n
g
Lake Parkway.
Robert A. Lambert
9260 Eden Prairie Road
RAL:mdd
cc: Eugene Dietz, Director of Public Works
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Enger, Director of Planning
DATE: February 15, 1989
SUBJECT: Southwest Area Study
The Southwest Area Study was completed by the City's consultants shortly after the
first of the year after a process which began early last Spring. The process
involved several meetings of the property owners with City Staff and consultants.
All of the property owners in the Southwest Area were notified by mail individually
and invited to these meetings. At various stages of completion of the study,
presentations were made to the property owners, members of the Planning Commission
and City Staff by the consultants. In addition, the City's consultant was made
available for numerous meetings with interested property owners and developers in
order to obtain their opinions and input throughout development of the study.
The presentation of the final report was made to a joint meeting of the Planning
Commission and City Council on January 24, 1989, with individual notices again being
sent to property owners and developers for the Southwest Area. The report was then
referred by the Council to the Planning Commission for their recommendation at the
February 13, 1989, Planning Commission meeting. At their meeting, the Commission
members discussed the project with several interested developers for about 11/2 hours,
and they made a recommendation endorsing the findings, conclusions and
recommendations of the Southwest Area Study in total to the City Council.
The Southwest Area Study is a result of a comprehensive look at development
framework for the southwest portion of the community which involved property owners
and developers in numerous meetings at different levels and which gave free access
to the City consultant by the land owners. The City Council has received some
comments at their public meetings previously. This City Council meeting is not a
public hearing; however, after discussion by the Council, hearing of additional
comments from the audience, and considering recommendations from the consultant,
Staff, and Planning Commission, the Study is ready for adoption.
ryty
9021 Riley Lake Rd.
Eden Prairie,Mn. 55347
February 9, 1989
Mayor Gary Peterson
City Council Members
City of Eden Prairie
7600 Executive Drive
Eden Prairie,Mn. 55344
Dear Mayor Peterson and Council:
I would like to make a few comments in regard to the Southwest Study Plan.
I am concerned about the location and number of roads that are being planned
for this area,especially west of the MUSA line. Additional roads are needed to
to accomodate increased traffic, however too many in the area will destroy it,
and the wooded area which the entire country needs to balance the enviorment.
The proposed Dell Rd. from Hwy.5, south to Cty. Rd. I, is a necessity, as is the
extension of Scenic Heights Rd. to connect with the new Dell Rd., for access to
the Cedar Ridge School. I wish to call your attention to the study plan, see
figure 12 and 14, of the S.W. Study, that suggests extension of Scenic Heights
Rd. to continue to the Chanhassen border. The future Hwy. 212, (the big one) is
planned to route from east to west, north of Riley Lake and south of Marsh Lake.
I do not favor another east to west road in this area,the supposed continued
extension of :icenic Height Rd. to the Chanhassen border.
Mr. Bob Lambert and I have discussed about the future entry to Riley Lake Perko
as possibly having Riley Lake Rd. to ex it from the new Dell Rd.(north of Cty.Ii)
then westerly to enter park on the eastern boundary of park as the only entry
to the park, then having Riley Lake Rd. continuing from the eastern park boundary
around the farm buildings and homes , then westerly to the Chanhassen boundary/
The present Riley Lake Rd. would then be vacated,the present road cannot sustain
traffic for the park and the Lakeview 411s apartment complex.
The above suggestion Wan made at one of the meetings with the planning group,
but there is nothing in the final plan.
I hope the D.N.R. has informed the Planning Commission and the Brauer Group,
about the very rare resource in this area. It is a cranberry bog (part of which is
lying in my property).Bushels of excellent berries have been harvested from this
bog every year, in fact, Ihave never purchased cranberries at the market until
fal1,1988, the drought damaged the size of the berry.
Another comment, I hope that Eden Prairie continues to use the name Riley Lake on
its maps etc. instead of Lake Riley, as the Brauer Group lists it in the plan.
Sincerely. (7 ,
Elaine M. Jacques 9021 Riley Lake Rd.
Copies to: Carl Julie
Chris Enger
Bob Lambert
J. Bye, Planning Commission
S.W. Study Group
I wish this letter to be included in remarks concerning the S.W: Development Study
B, D & D PARPNERSHIP
10340 VIKING DRIVE, SUITE 120
EDLN PRAIRIE, MN 55344
February 9, 1989
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
IL,er Mayor Peterson and Mr. Jullie:
This is to rc7uest that the Metropolitan Urban Service Area
be adjusted to include the Jacques and Schroers properties
north of new T.H. 212.
The City Council and Plarnin] Commission had approved this
action in 1986, and a Comprehensive Plan Amendment containing
an excellent summary of reasons was submitted to the Metropolitan
Council. The amendment was believed to be consistent with
the Lake Ann Interceptor Agreement and Was supported by the
Metropolitan Waste Control District.
The attorney for the property owners, Mr. Spencer G. Kluegel,
has written a letter on behalf of this re.ljuest. Mr. Kluegel
states that the reasons for supporting the amendment in 1986
are just as valid today, and the personal situations of the
families makes it more imperative than ever that the properties
be included within the Metropolitan Urban Service Area.
We are specifically requesting that land within the MUSA line
south of T.H. 212 on the Jacques property be transferred to
their property north of T.H. 212. This is considered to be
a routine and administrative procedure by the Metropolitan
Council.
Mr are requesting that the Schrocrs property be included within
the MUSA lire on a phased basis with the first phase being
approximately 35 acres. This amount of acreage Is required
to have an economically viable subdivision and a sufficient
number of lots for the initial building period. The timing
of additio.ial .>hases would he determined by the City of Eden
Prairie
40 3
(
The amendment would be greatly appreciated by the
property owners and would be consistent with the
City's policies for reasonable and appropriate development.
This amendment would facilitate the logical and
orderly placement of intrastructure and collector
streets. Thank you for your consideration of this
request.
Sincerely,
CC: Chris Enger
Page 2
Jéi ti 100 ;.,
SPENCER G. KLUEGEL LAW FIRM
WOODHILL PLAZA
14525 HWY. 7
MINNETONKA, MN 55345
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Dear Mayor Peterson and Mr. Jullie:
ATTORNEYS
SPENCER G. KLUEGEL
VIRGINIA A. ZELLER
JOAN E. LITTLE
LEGAL ASSISTANT
SHARON NELSON
FAX. NUMBER
December 28, 1988
612-935-0717
612-935-5427
612-935-5427
612-935.0717
612-933-9664
I am writing in behalf of my clients, George Schroers, Duane R.
Jacques and Beverly Bollig who collectively were the owners of the 169
acres which the City of Eden Prairie attempted to add to the
Metropolitan Urban Service Area in the Spring of 1986. Since that time
the property has been sold with my clients retaining a sizable
mortgagees' interest in the property. By agreement with the purchaser,
Duane Jacques and George Schroers continue to live on the property.
Since your efforts in 1986, Evelyn Jacques has died and George
Schroers is now represented by me rather than the attorney with whom you
corresponded in 1986.
First off, we want to thank you for your past efforts and assure
you that, under the circumstances, we agree that withdrawal of your
requested amendment back in 1986 was necessary and practical. It was
important to avoid even the appearance that the City of Eden Prairie was
violating the Lake Ann Sewer Facility Agreement.
We have kept abreast of the City's latest efforts to revive the
amendment to Eden Prairie's comprehensive plan which would bring my
clients' 169 acres within the Metropolitan Urban Service Area. We
applaud and encourage your efforts. The same reasons for supporting the
Amendment in 1986 are just as valid today. Chris Enger's letter of May
27, 1987 to Mr. James Schoettler of the Metropolitan Council fully sets
forth those persuasive reasons. From the point of view of the largest
equity owners of the property the death of Evelyn Jacques and the
illness of George Schroers makes it more imperative than ever that the
property in question be included in the Metropolitan Urban Service Area.
If we can be of any help to you in your renewed efforts please let
us know.
SGK:bab
February 9, 1989
The Honorable Gary D. Peterson, Mayor
--and, Fellow Members of the City Council:
Dr. Jean Harris
Mr. Richard Anderson
Ms. Patricia Pidcock
Mr. Doug Tenpas
City of Eden Prairie
7600 Executive Drive
Eden Prairie MN 55344
Ladies and Gentlemen:
It is an honor and a privilege for all of us to
s
e
r
v
e
t
h
e
c
i
t
i
z
e
n
s
o
f
Eden Prairie in our capacity as members of the B
o
a
r
d
o
f
A
d
j
u
s
t
m
e
n
t
s
and Appeals. We all have accepted this voluntary
a
s
s
i
g
n
m
e
n
t
s
e
r
i
o
u
s
l
y
and strive as a group to faithfully execute our
r
e
s
p
o
n
s
i
b
i
l
i
t
i
e
s
a
s
a
Board to the best of our ability. Each of us pre
p
a
r
e
s
f
o
r
e
a
c
h
variance request, carefully considers the inform
a
t
i
o
n
f
u
r
n
i
s
h
e
d
b
y
City staff, patiently considers the presentation
o
f
t
h
e
p
r
o
p
o
n
e
n
t
a
n
d
decides based on that input whether or not a part
i
c
u
l
a
r
v
a
r
i
a
n
c
e
should be granted. Our objective, as you are all
a
w
a
r
e
,
i
s
t
o
u
p
h
o
l
d
the City Code except in those cases where an "un
d
u
e
h
a
r
d
s
h
i
p
"
w
o
u
l
d
result from the strict enforcement of the litera
l
p
r
o
v
i
s
i
o
n
s
o
f
t
h
e
Code. Much latitude is given us in determining w
h
a
t
c
o
n
s
t
i
t
u
t
e
s
"undue hardship" and all of us have interpreted
i
t
d
i
f
f
e
r
e
n
t
l
y
i
n
t
h
e
course of our review of variance requests. Howev
e
r
,
a
s
i
n
a
n
y
s
o
u
n
d
,
democratic system, the majority of our members "i
n
t
e
r
p
r
e
t
a
t
i
o
n
s
"
i
s
what defines "undue hardship" as far as we are c
o
n
c
e
r
n
e
d
.
W
e
b
e
l
i
e
v
e
the record of our decisions also clearly indicate
s
t
h
a
t
t
h
e
B
o
a
r
d
h
a
s
the interest of the entire City in mind, too, as
w
e
s
t
r
i
v
e
t
o
m
a
k
e
consistent and sound decisions on which variances
t
o
g
r
a
n
t
a
n
d
w
h
i
c
h
to deny.
We as a Board also recognize that we serve as a r
e
s
u
l
t
o
f
a
p
p
o
i
n
t
m
e
n
t
s
by the members of the City Council and that the C
i
t
y
'
s
f
a
t
h
e
r
s
,
i
n
their wisdom, granted the City Council broad auth
o
r
i
t
y
t
o
r
e
v
i
e
w
a
n
d
overturn decisions of its Boards and Commissions
.
W
e
b
e
l
i
e
v
e
t
h
e
intent of that review process is
to allow the Council to overturn decisions which are contrary to the public good
o
r
w
h
e
r
e
t
h
e
C
o
u
n
c
i
l
believes important facts critical to the Board'
s
d
e
c
i
s
i
o
n
m
a
y
h
a
v
e
been misinterpreted or omitted during the Board
'
s
h
e
a
r
i
n
g
.
S
u
c
h
a
system of checks and balances is also critical t
o
a
n
e
f
f
e
c
t
i
v
e
,
democratic system and none of us would disagree
t
h
a
t
t
h
i
s
r
e
v
i
e
w
process is important. It is only through the re
v
i
e
w
p
r
o
c
e
s
s
t
h
a
t
t
h
e
Boards and Commissions can ascertain the directi
o
n
t
h
e
C
o
u
n
c
i
l
w
i
s
h
e
s
Page 2
the Boards to take in interpreting the City Code (in the absence of
OrdinanLw which clearly spell out that direction). As a result it
is important to us as Board members that "overrides" of our decisions
be explained in terms which are clear enough for us to assess the
desired direction the Council wishes us to take.
With this background, the Board hereby communicates its puzzlement on
the Council's decision to reverse the Board on two of its recent
decisions. We respectfully request a joint meeting with the City
Council to more fully explore our puzzlement and to gain a clear
direction as we prepare to review other variance requests here in the
near future. The decisions to which we refer regard the Touch of
Class (Variance Request #88-51) and Elim Shores (Variance Request
#88-57) projects for which we gained no clear, objective explanation
as to the reason our decisions were overridden during the City Council
meeting of December 13, 1988.
In the case of Touch of Class, the proponents had appeared before the
Board on three occasions prior to their most recent in November 1988.
In every case prior to November, the Board had granted variances,
although not to the extent desired by Touch of Class. For each
variance granted, a one-year period was given to allow Touch of Class
to comply, with extensions given on two separate occasions. Despite
this latitude, Touch of Class never did comply with the Board's
conditions for variance approval nor did it even appear a good faith
effort was made to attempt to comply. (Please bear in mind that the
time frame of this particular proponent's requests for variances
overlapped the terms of many Board members; no less than twelve
separate Board members heard the appeals of this proponent!) In each
of the decisions of the Board with respect to this proponent, the
Board's direction was clear--time will be granted but (ouch of Class
must comply with the Board's "relaxed" interpretation of the Code.
The proponent did not comply and, in its latest request, sought to
retain its total non-compliance with the exterior finishes provisions
of the Code. Seven Board members heard the proponents' latest pleas;
seven Board members denied the proponent's latest request for reasons
clearly stated in the Board's minutes of the November meeting. Upon
appeal to the Council, the proponent was allowed to present its
reasons why the Board's decision was in error and should be
overridden. Despite the presence of four Board members at the Council
meeting, a similar courtesy was not extended to the Board to more
fully explain why its decision should not be overridden. In fact,
City staff was not even invited to comment on the results of the
Board's meeting denying the variance request. Based on this unusual
set of circumstances and the confusion on the part of the Board
members present as to the reasons why the Board's decision was
overridden, the Board requests further clarification in our joint
meeting requested herein.
In the case of Elim Shores, the Board, in its hearing of the variance
requests, granted many of the proponents requests but denied a
Page 3
variance based on height. The decision to deny t
h
e
h
e
i
g
h
t
v
a
r
i
a
n
c
e
w
a
s
7-0 for reasons again clearly stated in the minu
t
e
s
o
f
t
h
e
B
o
a
r
d
'
s
November meeting. On December 13, 1988, the Cou
n
c
i
l
o
v
e
r
r
o
d
e
t
h
e
Board's denial, albeit the proponent had also re
d
u
c
e
d
t
h
e
h
e
i
g
h
t
requested from that sought at the time of the Bo
a
r
d
'
s
d
e
c
i
s
i
o
n
.
I
n
this case, an opportunity was provided for the pu
b
l
i
c
a
n
d
t
h
e
f
o
u
r
members of the Board present to state their obje
c
t
i
o
n
s
t
o
t
h
e
g
r
a
n
t
i
n
g
of the variance. For this, the Council is to be
c
o
m
m
e
n
d
e
d
.
T
h
e
o
n
l
y
reason the Board requests input on this particula
r
o
v
e
r
r
i
d
e
i
s
t
o
better understand the reasons for the Council's d
e
c
i
s
i
o
n
a
n
d
t
o
determine if direction on future shoreland height
v
a
r
i
a
n
c
e
s
w
a
s
intended by this decision.
We Board members pride ourselves on the fairness
w
e
b
e
l
i
e
v
e
w
e
e
x
t
e
n
d
to proponents appearing before us and the serious
n
e
s
s
w
i
t
h
w
h
i
c
h
w
e
make our decisions. We believe the reasons for ou
r
d
e
c
i
s
i
o
n
s
a
r
e
w
e
l
l
documented and serve as a guide to others requesti
n
g
s
i
m
i
l
a
r
variances. In the case of the two variances discu
s
s
e
d
h
e
r
e
i
n
,
w
e
a
r
e
seeking more clarification from the Council on th
e
r
e
a
s
o
n
s
f
o
r
i
t
s
decisions so that our "message" on future varia
n
c
e
r
e
q
u
e
s
t
s
o
f
a
similar nature remains clear. We believe a join
t
m
e
e
t
i
n
g
w
i
t
h
t
h
e
Council is the best method to achieve that clari
f
i
c
a
t
i
o
n
a
n
d
l
o
o
k
forward to the Council's input on these and any
o
t
h
e
r
m
a
t
t
e
r
s
affecting our joint responsibility to serve the
c
i
t
i
z
e
n
s
o
f
E
d
e
n
Prairie. Your prompt scheduling of the joint me
e
t
i
n
g
w
o
u
l
d
b
e
appreciated.
Sincerely,
THE BOARD OF ADJUSTMENTS AND APPEALS
CITY OF EDEN PRAIRIE
cc: Carl Julie, City Manager
Chris Enger, Director of Planning
us. dome
Thompson Land Development Division
300 South County Road 18 • Suite 870 • St Louis Park. Minnesota 55426 • (612)544-7333
February 6, 1989
Honorable Gary Peterson, Mayor
Members of Eden Prairie City Council
Members of Eden Prairie Planning Commission
7600 Executive Drive
Eden Prairie, MN 55344
Attn: Carl Jullie, City Manager
Ladies and Gentlemen:
U.S. Home Corporation is the managing agent in two developments that are
impacted by the Southwestern Eden Prairie Development Phasing Study. Under
the partnership JAB-USHOT, we are developing (and will be building homes this
summer) in the Cedar Ridge Subdivision in Area 18. We also, under a partnership
called MR-USHOT, will be developing is 92-acre parcel on the west edge of Mitchell
Lake in Area 1A. We have some concerns regarding the Development Constraints
and Parameters on Page 51:
Item 1: The development of Cedar Ridge is essentially complete. Paving
will be completed in the spring of 1989. It was our understanding
that house construction and occupancy was contingent on water
availability thru this subdivision to the Cedar Ridge school and
that completion of the Hwy. 4-Hwy. 1 trunk water loop was concurrent
with and not a prerequisite to house occupancies.
Item 3: The availability of water from water main construction along
Hwy. 5 should be a prerequisite to occupancy. It was our under-
standing that development in sub-area lA could be concurrent with
Hwy. 5 upgrading and the trunk water main is part of the upgrading
construction.
Item 4: Improvement of the Dell Road/Hwy. 5 intersection, the Hwy. 5
by-pass lanes, the trunk water main and the detached service road
are part of Stage I of the highway construction. Any disruption
to Hwy. 5 traffic and safety caused by our construction grading
and development activity would be only a minimal increase to the
impact of the highway construction itself. As a matter of fact,
utility construction in the detached service road corridor and
the corresponding site grading to make the road fit the future
subdivision are a prerequisite to service road construction. This
development work must predate the Dell Road intersection improve-
ment.
Based on current Hwy. 5 construction schedules, we propose the following
schedule:
1 - Preliminary Plat and Zoning - Summer 1989
2 - Grading 30%-50% of site
depending on earth balancing - Fall 1989
W. Johtrion
• Page Two - Letter to City of Eden Prairie Officials
February 6, 1989
3 - Utility Construction
30%-50% of site
4 - Read Construction 30%-50%
5 - Final Plat
6 - Model Home Construction
7 - Sold Home Construction
8 - Dell Road intersection
improvement, trunk water and
service road construction
Spring 1990
- Summer 1990
- Spring 1990
Spring/Summer 1990
- Summer/Fall 1990
Spring/Summer 1990
There will be adequate lead time next spring to determine if the Dell Road
interchange improvement is sufficiently on track and that house construction
can begin. We urge your cooperation in this type of schedule.
Veryy Yours,
Sr. Vice President/Project Manager
LWJ/lds
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-34
RESOLUTION ORDERING FEASIBILITY REPORT
WHEREAS, it is proposed to make the following improvements:
I.C. 52-160 - (Dell Road between TH 5 and CSAH I and Scenic Heights Road
between CSAH 4 and Riley Lake Road)
and assess the benefitted property for all or a portion of the cost of the
improvements, pursuant to Minnesota Statues, Chapter 429.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
That the proposed improvements be referred to the City Engineer for study
with the assistance of Strilw-Roscoe-Fausch, Inc., and that a feasibility
report shall be prepared and presented to the City Council with all
convenient speed advising the Council in a preliminary way as to the scope,
cost assessment and feasibility of the proposed improvements.
ADOPTED by the Eden Prairie City Council on February 21, 1989.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk