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HomeMy WebLinkAboutCity Council - 03/21/1989AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 21, 1989 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas CITY COUNCIL STAFF: 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 Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES III. CONSENT CALENDAR A. Clerk's License List pg. 562 B. Resolution No. 89-45 Appointing Election Judges for the April 25 Boa--PFIFe-ridum pg. 563 C. Approve Cooperative A reement with Carver County for Design of T.H. 5 from CSAH" o Tr- pg. 566 _ _ D. 2nd Reading of Ordinance No. 7-89 To Rename Mitchell Research -had pg. 573 E. Lawn Sprinkling Policy pg. 574 F. Request from Residents to Rezone Property in Proposed Lake Beights 3rd Addition pg. 575 G. Award Bids for Staring Lake Park Amphitheater Construction and PaiTirig-Ia Expansion Pg. 608 H. Award Bids for Carmel Park and Red Rock Lake Park Grading Pg. 611 1. 2nd Reading of Ordinance No. 22-88 Relating to Outdoor -Mirage of ecreational VTcT Pg. 612 J. Resolution No. 89-60 Authorizing Worker's Compensation Coverage to-Remb-Fi--of City Boards and Commissions pg. 616 -2- IV. PUBLIC HEARINGS A. HIDDEN GLEN IV, by Frontier Midwest Homes Corporation. Request Pg. 618 for Planned Unit Development Concept Amendment on approximately 68 acres, Zoning District Change from RM-6.5 to R1-9.5 on 7.5 acres, and Preliminary Plat. of 7.13 arms into 26 single family lots. Location: South and east of Highway #10I, west of Dell Road. A public hearing. (Resolution #89-58, PUD Concept Amendment to Hidden Glen North PUD; Ordinance #10-89, Rezoning; Resolution #89-59, Preliminary Plat) B. BLUFFS WEST 7TH ADDITION, by Hustad Development. Request for Zoning District Change from R1-13.5 and R1-22 to RI-13.5 on 4.66 pg. 624 acres, and Preliminary Plat of 26.3 acres into 11 single family lots, 2 outlots, and road right-of-way. Location: North of Bluestem Lane, north of Bluestem Hills 5th Addition. A public hearing. (Ordinance #9-89, Rezoning; Resolution #89-30, Preliminary Plat) C. COBG YEAR XV FUNDING—Resolution #89-29, Authorizing Expenditure of Funds for Year XV D. Vacation #89-03 - Vacation of Drainage and Utility and Scenic rasement with Lot 6, Block 27 Welter Purgatory Acre-s—Ird----- Addition. --(1TeTurion #89:57) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Eden Prairie Schocl District for Land Alteration -SEFITTE Weights Road Permit Co-Tip-ardi—Frirlir-TATT575r Bus Garage COTTFed off of pg. 643 B. Request from Lion's Club regarding Charitable Gambling License pg. •644 Applicati56— VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City. Manager C. Report of City Attorney pg. 629 Pg. 632 Pg. 634 -3- 0. Report of Director of Planning E. Director of Parks Recreation & Natural Resources F. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 21, 1989 CONTRACTOR (MULTI-FAMILY & COMM.) Corrective Building Services, Inc. David Investment Co. Oakwood Builders Metropolitan Mechanical Contractors CONTRACTOR (1 & 2 FAMILY) AMRE, Inc. Daystar Builders Design Concept Custom Homes Gilles Construction, Inc. R. A. Neises Construction Porch Living Post Construction, Inc. REC, Inc. Seldon Construction,Inc. Terry Built Valley Pools, Inc. HEATING & VENTILATING Faircon Service Hiltner Plumbing & Heating Jim Kodpman Heating & Air Conditioning S & W Heating & Air Conditioning Thompson Air, Inc. GAS FITTER Faircon Service Hiltner Plumbing & Heating Murr Plumbing, Inc. United Operations, Inc. UTILITY INSTALLER J. L. Bjorlin Widmer Incorporated PLUMBING Ashby Plumbing Bruce Plumbing Company Hiltner Plumbing & Heating Murr Plumbing, Inc. New Mech Companies, Inc. Terry's Plumbing Widmer Incorporated CIGARETTE A & J Enterprises Terrific Lunch Company WELL DRILLERS Torgerson Well Co., Inc. REFUSE HAULER Aagard Sanitation Quality Waste Control MECHANICAL GAMES Lion's Tap FOOD VEHICLE A & J Enterprises These licenses have been approved by the department heads responsible for the licensed activity. Pat Sone Licensing ^ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-45 BE IT RESOLVED by the City Council of the City of E d e n P r a i r i e t h a t the following persons have agreed to serve as el e c t i o n j u d g e s a n d a r e appointed for the Special Election to be held on A p r i l 2 5 , 1 9 8 9 . ** Indicates Head Judge for that precinct. PRECINCT IA Roberta Bronson Janet Dahlke Allene Hookom JoAnn Wronski ** PRECINCT 1B Judith Baker ** Dolores Brown Karen Hackman Anne Hawkins PRECINCT 2 Shirley Carlon Helen Haupt ** Delores Klein Kathleen Porta PRECINCT 3 Fay Clark ** Adeline Levin Mary Upton Ethyl Wokasch PRECINCT 4 Priscilla Bailey Cheryl Bridge Ruth Mital ** Alice Schultz KING OF GLORY LUTHERAN CHURCH 178SO-Dbck Laki -TFYTT- 6236 Eden Prairie Road 6961 Ticonderoga Trail 16741 Prairie Lane 6630 Tartan Curve EDEN PRAIRIE COMMUNITY CENTER 16700 Valley View Road 7113 Muirfield Lane 7260 Tartan Curve 18212 Valley View Road 18099 South Shore Lane West 15606 North Lund Road 15709 South Lund Road 15701 North Lund Road 15612 Sunset Circle EDEN PRAIRIE COMMUNITY CHURCH 17200 Valley View Road 7392 Ontario Boulevard 6743 Hallmark Drive 16163 Edenwood Drive 15129 Lesley Lane ST. ANDREW LUTHERAN CHURCH Moo Valley View load 6950 Mariann Drive 7272 Gerard Drive 12762 Gordon Drive 6325 St. John's Drive 934-1708 934-9070 934-4464 934-2550 934-4226 937-8727 937-2153 934-0848 934-9027 934-2253 934-2966 934-9127 934-9124 934-6634 937-9593 934-4460 937-1709 937-2938 937-8802 937-2776 937-8885 941-8104 944-3481 937-8171 EDEN PRAIRIE ASSEMBLY OF GOD CHURCH 16591 Duck Lake Trail 934-2327 Res. No. 89-45 Page 2 PRECINCT 5A IMMANUEL LUTHERAN CHURCH 16515 Luther Way 7946 Island Road 9560 Highview Drive 15011 Summerhill Drive 7616 Carnelian Lane IMMANUEL LUTHERAN CHURCH 16515 Luther Way Leota Hales William Jellison Joyce Myhre ** Melody Villars PRECINCT 5B 937-8123 934-1746 934-0934 937-2815 934-0448 937-8123 LaVerne Hales 7946 Island Road 934-1746 Becky Heald 7631 Superior Terrace 937-5457 Elaine Jacques 9021 Riley Lake Road 934-0944 Shirley Jellison * * 9560 Highview Drive 934-0934 PRECINCT 6 EDEN PRAIRIE UNITED METHODIST CHURCH TWO Scenic Heights Road 937-8781 Virginia Gartner ** 15701 Cedar Ridge Road 937-1595 Bernice Holasek 10020 Dell Road 934-1185 Kay Nicholson 16201 Hilltop Road 937-1928 Dorothy Schwartz 15051 Scenic Heights Road 937-2289 PRECINCT 7A Rita Anderson Adeline Bramwell ** Gertrude Dahlberg Lester LaBore PRECINCT 7B Lynn Bramwell Juliet Gleason Viola McLain Jim Rannow ** PRECINCT 8 Mary Boll William Schwartz Carole Sheridan Barb Vanderploeg ** NEW TESTAMENT CHURCH rig01 Roberts DFTille - 14312 Fairway Drive 14329 Fairway Drive 6319 St. Johns Drive 14366 Fairway Drive 14329 Fairway Drive 8633 Darnel Road 14224 Chestnut Drive 16316 Lincoln Lane EDEN PRAIRIE PRESBYTERIAN CHURCH TITIO-9 Leona Road 8705 Westwind Circle 15051 Scenic Heights Road 8908 Neill Lake Road 8735 Leeward Circle 941-7290 937-8196 937-8987 937-1299 937-2462 937-8987 944-6154 937-1798 937-8237 941-2521 941-6306 937-2289 944-6643 941-5363 SOUTH SUBURBAN HENNEPIN COUNTY VU-TECH 9200 Flying Cloud Drive 944-9993 5(.1 Res. No. 89-45 Page 3 PRECINCT 9A PAX CHRISTI CATHOLIC CHURCH MOO Pioneer Trail 10065 Pioneer Trail 10285 Amsden Way 9205 Talus Circle 9450 Aspen Circle PAX CHRISTI CATHOLIC CHURCH MOO Pioneer Trail 12300 Riverview Road 11551 Riverview Road 10015 Pioneer Trail 12135 Oxbow Drive 9445 Aspen Circle 7284 Prairie View Drive 9869 Crestwood Terrace 9880 Crestwood Terrace Leone Barta Bernadine Beauvais Barbara Call ** Nancy Little PRECINCT 9B Jeanne Brandt ** James Brown Carol Hegge Isabell Iverson ALTERNATES Cheryl Hansen Laurel Pennebaker Frances Schaitberger Marie Wittenberg 944-1551 941-8152 941-5140 944-2437 941-3150 941-3316 941-1290 941-2707 941-7465 941-8690 937-2623 934-0987 934-0961 ADOPTED BY the Eden Prairie City Council on this 21st day of March, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CARVER COUNTY COURTHOUSE 600 EAST 4TH STREET CHASKA, MINNESOTA 55318 PUBLIC WORKS DEPARTMENT (612) 448.3435 COUNTY a CAINEQ February 24, 1989 Mr. Alan Gray City Engineer City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344-3677 Re: TN 5 Improvements from CSAH 4 to CSAH 17 Carver County Construction Cooperative Agreement Dear Mr. Gray: Enclosed is a revised copy of Carver County's Construction Cooperative Agreement for improvements on TH 5 from CSAH 4 to CSAH 17. Please have this agreement signed by the appropriate persons and return to me as soon as possible. After it has been signed by the Carver County Board Chairman, I will return a cer- tified copy to you. Sincerely, iheryl J. aumann Chief Deputy Endl AffirmatIve AchonlEaual Opportunity Employer Agreement No. Trunk Highway No. 5 City of Eden Prairie County of Carver CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT, Made and entered into this day of , 19 , by and between the County of Carver, a b o d y politic and corporate under the laws of the State of Minn e s o t a , hereinafter referred to as the "County" and the City of Eden P r a i r i e , a body politic and corporate under the laws of the State of Minn e s o t a , hereinafter referred to as the "City". WITNESSETH: WHEREAS, The State of Minnesota and the City have been ne g o - tiating to bring about the improvement of that portion of Trunk High- way No. 5 between CSAH 4 (Hennepin County) and CSAH 17 ( C a r v e r County); and WHEREAS, The State of Minnesota and the City are in the proce s s of approving a State Agreement No. 64918 covering the design of the project; and WHEREAS, The above described project lies within the corpora t e limits of the City; and WHEREAS, The City has requested County participation in the co s t cf design for the project; and WHEREAS, Ti. is contemplated that said work be carried out by t h e parties hereto under the provisions of M.S. SEC. 162.17, Subd . 1 a n d SEC. 471.59. NOW THERFoRE. IT IS HEREBY AGREED: The County will participate in the design of Trunk Highway No. 5 under this agreement by paying to the City an amount not to exceed Ten Thousand Dollars and No Cents ($10,000.00). In return, the City shall provide consultant services for the design of said Highway, hereinafter referred to as City Consultant Services. Notwithstand- ing any term or condition contained in this Agreement to the contrary, the City shall have no obligation to do anything or perform any act until and unless the State and all of the other entities make the pay- ments as required by State Agreement No. 64918. The agreement may be terminated by either party at any time upon written notice to the other party. In the event that such termination should take place at a time other than the completion of the work to be performed under the agreement, the City shall be paid for the work of the City Consultant actually performed to date of termination, in- cluding demobilization costs, and contract closing costs, and (if ap- plicable) a proportionate amount of the fixed fee determined by the stage of completion of the total work. The total payment will be determined by mutual agreement between the County and the City. The total payment for the work actually performed, demobilization expense and contract closing costs will not exceed the amount set forth in the original agreement or succeeding supplements. A supplemental agree- ment shall be executed setting forth the reduced amount of compensa- tion the City shall receive. The City may exercise those legal remedies as may be available to it in connection with any dispute arising out of this agreement which cannot be settled by the parties hereto by supplemental agreement. 56,2 Ix If it appears at any time that the City's Consultant Services costs will exceed the total estimated payment of $430,000 per the State Agreement No. 64918, the City's Consultant agrees not to perform any services that would cause that amount to be exceeded unless the City's Consultant has been advised by the City that additional funds have been encumbered, a supplemental agreement has been issued and that work may proceed. It shall be the responsibility of the City to originate all requests for additional encumbrances, compensation, and for supplemental agreements. III The City may submit invoices monthly during the progress of the work for costs incurred or services rendered by the City's Consultant. Signed invoices are to be submitted to the Carver County Public Works Department for approval. The County will pay the County's share on partial payments to the City up to Ninety-Eight (98) percent of the total amount as stated in Section I. I V Final payment due the City for the Consultant Services will be made after acceptance of the work and an audit conducted by the State per State Agreement No. 64918. V The City's Consultant shall submit monthly reports to the County showing progress of the work. VI It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whom- soever for any claims, damages, actions, or causes of actions of any kind or character arising out of or by reason of the performance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of per- formance of its own work as provided herein. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment 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 work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services re- quired or provided for herein to be performed by the County 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 or the Un- employment 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 work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. - IX The provisions of M. S. 181.59 and of any applicable local or- dinance relating to civil rights and discrimination and the affirma- tive action policy statement of Carver County shall be considered a part of this agreement as though fully set forth herein. X. Pursuant to Minnesota Statute 168.06, Subd. 4, the City and the Consultant agree that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Contractor and involve transactions relating to this Agreement. The City and the Consultant agree to maintain these records for a period of three years from the date of termination of this Agreement. Administrator Chairman of its County Board Date: Date: Approved As Vo form MMENDR R APPROVAI Aka Assistant County Attorney Carfer County Engiqer By: Date: Date: IN TESTIMONY WHEREOF, The parties hereto have caused this agree- ment to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) Br: Mayor Date: And: Manager Date: COUNTY OF CARVER ATTEST: By: By: CITY OF EDEN 0 RAIRIE 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 STARING LAKE 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 TWIN LAKES 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. -MEMORANDUM- TO: Mayor and City Council FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: March 16, 1989 RE: 1989 Lawn Irrigation Policy Spring is approaching and memories of the drought in 1988 ha v e n o t c o m p l e t e l y faded. Despite what appears to be an above average snow fall y e a r , " e x p e r t s " from the DNR have fashioned an argument that the ground water m o i s t u r e i n o u r area going into this Spring of 1989 is in a worse positio n t h a n o n e y e a r a g o and that the potential for a reoccurance of conditions in 1 9 8 8 a r e o n c e a g a i n possible. Statistics would indicate that the experts have a g o o d c h a n c e o f being wrong, since our average percipitation amount is si g n i f i c a n t l y l a r g e r than what occured in 1988. However, it is my recommendation that we begin some p l a n n i n g s t e p s t o initiate a water conservation program this summer, but n o t a s s t r i n g e n t a s what was in place in 1988. I propose that the odd/eve n l a w n i r r i g a t i o n practice remain in place throughout 1989. If necessary, we c a n i m p l e m e n t t h e hourly restrictions that we imposed last year. While the h o u r l y r e s t r i c t i o n s may or may not be necessary, I believe it would be prematu r e t o i m p o s e t h a t strict of control without first giving mother nature a c h a n c e t o c o m e through. Unless directed otherwise, the Public Works staff will p r e p a r e a w r i t t e n notification to our water customers that will indicate t h a t t h e o d d / e v e n System will be in place throughout the year and that a n y m o d i f i c a t i o n s necessary due to emergency conditions will be distributed th r o u g h t h e m e d i a . It will be easy for some to criticize this proposed po l i c y , b u t i f d r y conditions persist, some form of conservation will be n e c e s s a r y . I f t h e typical summer ensues, then a much reduced watering schedul e r e s u l t s a n y w a y . Getting the residents of Eden Prairie accustomed to a rout i n e m a y e l i m i n a t e the need for a more restrictive schedule at a later date. EAD:ssa MEMORANDU11 TO: Mayor and City Council THROUGH: City Manager, Carl J. Jullie FROM: Director of Planning, Chris Enger SUBJECT: Request from residents to rezone property in the proposed Lake Heights Third Addition DATE: March 16, 1989 This memo is not meant to be an all-encompassing review of all factors involved in the consideration of Lake Heights Addition, but rather an executive summary relating to the current petition by residents. A development proposal made by John Lassen representing Lake Heights Venture for a six-lot single-family residential subdivision called Lake Heights Third Addition has been in the formal City review process for several weeks. This project is sited on 3.11 acres of property along the south side of Anderson Lakes Parkway and just west of Preserve Boulevard (see attached map). This proposal has generated a great deal of neighborhood controversy; at the Planning Commission public hearing on February 27, discussion lasted over three hours. At that meeting, residents requested that the City Council rezone the property to Rural. Subsequently, Gary Nelson, a resident of the neighborhood and spokesperson for the group, has reviewed the 1981 development agreement and claimed conditions exist for automatic reversion of zoning from RM-6.5 to Rural. History.: This 3.11 acres is part of an original 26-acre parcel. A low-density residential land use designation first appeared for the whole property in the 1968 Guide Plan, and it was zoned rural. The Edenvale South PUD gave concept approval for single-family in 1973. In 1979 the whole property was approved as a combination low-density residential use with 32 townhomes and 30 single family units through R1-13.5 and RM-6.5 zoning and a Planned Unit Development. In 1981, the City Council granted RM-6.5 zoning on the property with a plan approved for 20 townhome units. The current proponent for the property, John Lassen, is seeking approval to rezone the property to R1-13.5 in order to develop six single-family residences. Physical Characteristics: The property, which was originally platted as an out lot, has vegetation that indicates soils are wet and organic. Consequently, substantial soil correction would be needed to make lots buildable. The developer is currently doing new soil correction studies to determine the feasibility of proceeding further. As stated in the attachments to the petition, several homeowners in the immediate area have had to take steps to mitigate water problems around their building foundations. This property in the Lake Eden/Neill Lake basin was flooded during the 1987 7 superstorm. Flooding conditions were exa c e r b a t e d b y a p l y w o o d c o v e r c u t t o f i t the culvert opening found in a catch bas i n b y C i t y e m p l o y e e s a f t e r t h e s t o r m . Plannini Commission Action; Technical Issues: The Planning Commission closed the public hearing on—February 27 after receiving public comm e n t a n d r e t u r n e d the request to the developer in order t o a l l o w t i m e t o r e v i e w a n d a d d r e s s concerns relating to drainage, soil anal y s i s , t r e e l o s s , a c c e s s , c o n s t r u c t i o n access, construction phasing, economic f e a s i b i l i t y t o d e v e l o p s i t e , a n d l o w e r site intensity with less units, all pri o r t o r e c o n s i d e r a t i o n b y t h e P l a n n i n g Commission. The proponent has not provide d t h i s i n f o r m a t i o n a t t h i s t i m e . Legal . Issues: Several legal matters bear on t h i s c a s e . T h e 1 9 8 1 d e v e l o p m e n t agreem-6T—itates the developer and its successors shall n o t o p p o s e r e z o n i n g o f the property to Rural if, within 24 mon t h s , t h e o w n e r h a d f a i l e d t o p r o c e e d i n accordance with the agreement. It is no t a p p a r e n t t h a t s u c h a f a i l u r e b e c o m e s grounds for automatic reversion of zo n i n g . S i m i l a r l y , t h e s t r e n g t h o f t h e argument made by Mr. Nelson needs to b e e v a l u a t e d - d o e s n o t p o s t i n g s i g n s about intended development constitute a f u l l b r e a c h o f c o n t r a c t s o a s t o nullify City approvals for the use of t h e p r o p e r t y ? W h a t a r e t h e e x t e n t o f property rights remaining with the la n d o w n e r ? A d d i t i o n a l l y , t h e r e c e n t l y adopted site plan and Architectual Review O r d i n a n c e r e q u i r e s t h a t p r o p e r t i e s b e developed within two years of approval; o t h e r w i s e , p r o j e c t s w o u l d n e e d t o b e reviewed formally again prior to any fur t h e r d e v e l o p m e n t . A s t h e o r d i n a n c e h a d no grandfathering provision, a valid sit e p l a n d o e s n o t e x i s t f o r L a k e H e i g h t s Third Addition although the RM-6.5 zoni n g r e m a i n s . R e v e r s i o n t o R u r a l z o n i n g would not preclude the property from bein g r e z o n e d i n t h e f u t u r e . These and other points should be con s i d e r e d b y t h e C i t y A t t o r n e y . T h e proponent should have an opportunity to r e s p o n d t o t h e i s s u e s r a i s e d i n t h e petition so that all parties in this ma t t e r m a y p a r t i c i p a t e i n t h e d i s c u s s i o n prior to Council action. Recommendation: It is recommended that Council direc t s t a f f a n d t h e C i t y Attorney review the issues raised by the r e s i d e n t s r e g a r d i n g r e z o n i n g f r o m R M - 6.5 to Rural in order to advise the C o u n c i l o f p r o p e r c o u r s e s o f a c t i o n regarding the residents request. CE/cg g R.716.2 ...... 57. 45 e• 64* 07 1 r 2 "Z72 11 ( 20) ea ( 10) 38.25; WATERFORD 580.4 $7• snap I 2 12 ( 22) 111 8 *C28)0 (32) 13 133.31; r NO9•35 22E to (66) 124.1 The Honorable Gary Peterson Ms. Patricia Pidcock Mr. Richard Anderson Dr. Jean Harris Mr. Doug Tempas Eden Prairie City Hall 7600 Executive Drive Eden Prairie, Minnesota 55344 March 13, 1989 Re: Requested Agenda Item for Next Meeting of the City Council Dear Mayor and Council Members: I and my neighbors, most of whom have signed the petition attac h e d hereto, request that the City Council include on its agenda for i t s next meeting the following proposal: RESOLVED, that the approximately three acres known as part of the Lake Heights Addition, and more fully described in Exhibit A (the "Property") be rezoned from Multiple Residential (R1-13.5) to Rural. The residents of this neighborhood, which surrounds the propert y , have outlined their objections to the proposed development of t h e Property in the petition attached as Exhibit B. Those objections include specific environmental, safety and property value concerns . In addition, I have reviewed a copy of the Developer's Agreeme n t dated April 7, 1981 between the City of Eden Prairie and Univers a l Land Corporation (the "Owner"). Based on the Owner's failure t o comply with the specific requirements of Paragraph 9 of tha t Agreement, it is our view that the Multiple Residential zoning o f the Property has been forfeited, and that, therefore, the Prop e r t y should automatically revert to its original Rural Zoning. T h e purpose of the proposal is to reflect and document t h i s consequence. Paragraph 9 of the Agreement imposes the following specifi c obligations on the Owner: "Owner shall post one sign along the south side of Anderson Lakes Parkway and one sign along the west side of Preserve Boulevard in locations depicted on Exhibit B informing the public of future multiple residential development. The signs must be approved by the Planning Department and in place Prior to the issuance of any building permit." (Underlining added.) We have attached a copy of Exhibit B to the Agreement, and as y o u will note, the location of the required signs, which were to inf o r m and provide clear notice to the public of future multip l e residential development, were clearly identified to and agreed u p o n by the Owner. However, we believe the required signs were nev e r posted; after polling area residents, we are not aware of a sing l e person who recalls any sign on the Property. Eden Prairie City Council March 13, 1989 Page 2 Because of the Owner's failure to post a sign on the Property, as specifically required and as it agreed, the Owner has breached the Agreement, specifically as it relates to the grant by the City of permission for Multiple Residential zoning. The purpose of Paragraph 9 is to protect the purchasers of single family homes to be constructed as part of the development project reflected in the Agreement. The sign posting requirements of Paragraph 9 were included by the City for the benefit of the future residents of the single family homes in the area. The failure of the Owner to comply with that provision, an absolute requirement for the benefit of the people constructing, owning and occupying the single family homes as part of the overall development project, should cause the loss of any right to Multiple Residential zoning that was granted only upon the explicit condition that such signs be posted. This is not a situation where the Owner is naive or unsophisticated, or unfamiliar with development agreements with the City. Mr. Lassen was quoted, in the March 8, 1989 edition of Eden Prairie News, as stating that he (or entities he controls) has owned the Property for 15 years, and has been the developer of more than 1,000 acres in Eden Prairie. Whether the sign posting requirements of the Agreement were unintentionally or intentionally ignored is of no consequence - the intended beneficiaries of those requirements have rights that must be protected. We believe that reversion of the Property to Rural is important for purposes of creating the proper presumption for considering any future zoning or building requests by the Owner for the Property. Mr. Lassen, again in the Eden Prairie News, was quoted as stating that he was surprised at the opposition of the residents since, after all, it would be a "welcome" use for the property given the earlier zoning approval. This argument was also made by his representatives at a recent meeting of the Planning Commission, and members of the Planning Commission appeared to be influenced by this argument. Why should the Owner be surprised at the opposition? Its failure to provide the required sign posting notice contributed to the perception that multiple housing was not contemplated. Assurances to area residents before they built their homes by builders and City Hall that the parcel would remain unbuilt would never have been made if the sign had been posted as required. Regardless of how the City may ultimately agree to zone the Property on a permanent basis, it is a grave error to start from a premise that the Owner is doing some sort of favor to the City or area residents by his single-family zoning request. It is not a request for lower density zoning; because of the Owner's failure to comply with its contractual requirements, it has waived any presumption or legal right of Multiple Residential Zoning. The City and area residents, the intended beneficiaries of Paragraph 9, have the legal right to the presumption that the Property is Rural. Article VIII of Exhibit C to the Agreement further supports adoption of the proposal. That provision provides that if the Very tyltly yours, GMN/ Enclosures Eden Prairie City Council March 13, 1989 Page 3 "Owner fails to proceed in accordance with this Agreement within 24 months", Owner "shall not oppose rezoning of said property to Rural." Owner clearly has failed to proceed in accordance with the Agreement; it has contractually agreed to the consequences following from adoption of the proposal. Mr. Lassen has been quoted as stating that it intends to resubmit his proposal to the Planning Commission and the City for a rezoning request with respect to the Property. Accordingly, we feel that it is incumbent for you, as representatives of the City, to act at this time to create the proper presumption and atmosphere for any future development requests for the Property. We respectfully request that the proposed Resolution be adopted and that this matter be placed on the agenda of the City Council as early as possible so that the Council may address this matter. SE(' • • .5-.12-d•:0 I eke Heights Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 194 by and between UNIVERSAL LAND CORPORATION, a Minnesota corporation, hereinafter referred to as "Owner", and the CITY Or EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to RM 6.5 and 111-13.5 approximately 22 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to develop and plat the property for construction thereon 29 single family homes and 32 townhouses. NOW THEREFORE, in consideration of the City adopting Ordinance 79-04, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated Jan. 9, 1979 reviewed and approved by the City Council on Feb. 6, 1979 and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop the property in any other respect or manner than contained herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, end conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Owner shall , concurrently herewith, convey to the City Outlot A, Lake Eden, according to the plat on file and of record, Hennepin County, Minnesota. Owner shall not, or pormit any oilier person to grade or construct any structure upon Outlot A. 4. Owner Nal 1 plat that part of Preserve Boulevard within the property 50 foot wide. ‘31) Developer's Agreement-Lake Heights Addition page 2 5. Owner shall petition City for the following improvements: A. 5 foot wide 5 inch deep concrete sidewalk within the right of way and east of the driving surface of Homeward Hills Road abutting the property as depicted in red on Exhibit B. B. Construction of that portion of Preserve Boulevard which abuts the property with a 28 foot hard surface within a 50 foot right of way according to City standards. 6. Owner shall not design or construct any driveway connecting or permitting access to any lot within the property with or from Anderson Lakes Parkway or Homeward Hills Road. 7. Owner shall not construct any structure closer than 50 feet from Anderson Lakes Parkway or Homeward Hills Road. 8. Owner agrees that the assessments for sewer and water construction costs within that part of Homeward Hills Road abutting the western side of the property may be levied against the property. 9. Owner shall post 1 sign along the south side of Anderson Lakes Parkway and 1 sign along the west side of Preserve Boulevard in locations depicted on Exhibit B, informing the public of future multiple residential development. The signs must be approved by the Planning Department and in place prior to issuance of any building permit. C.1. CITY OF EDEN WIRIE, a Municipal_corporation of the Stat.VM Minnesot Penzel, Mayor BY: FiTActing City Manager BY .e. UNIVERSAL LAND CORPORATION, a Minnesota Corporapon the (7 - , Developer's Agreement-Lake Heights Addition PIP 3 IN WITNESS WHEREOF , the parties to this Agreement have caused these ' presents to be executed as of the day and year aforesaid. STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this /day of >1984 by Wolfgang H. Fenzel, the Mayor and John D. Frane, Acting City Manager of the City on behalf of the corporation. A OWNER STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ay of ,1980 by C.,OLLIc_t he V ts.— etS4 d4 -, and--L uj the'17 yi/ of Universal Land Corpo pon'on bahalfiNtkt/(6'60 .ratjk /'. Not4ry Public LAKE HEIGHTS ADDITION LEGAL DESCRIPTIONS: Portion to be zoned PM 6.5 That portion of Outlot R, Lake Eden, lying North of the following described line: Commencing at the Northeast corner of Outlot R, thence Southeaste r l y along the Northwest line of Outlot R, a distance of 625 Southwes t e r l y to the point of beginning, thence S 69Q4203" E a distance of 180 ' , thence S 440 42' 03" E a distance of 200 , thence N 35 0 0000" E approximately 200 ' to the East line of Outlot R and there termin a t i n g ; and That portion of Outlot R lying Westerly of a line drawn parallel t o and 250' east of the East line of the North 1/2 of the South½ of the Northwest IA of Section 23 and Northerly of a line drawn parallel t o and 250 ' Northerly of the South line of the NWIA of Section 23. Portion to be zoned RI-13.5 That part of Outlot R, Lake Eden,Except the above described portions. EXHIDIT A Lake HeiOts Addition Developer's Agreewnt d J;I :.:•••••-, .`• • • • .,.• • I I t' 0•",*:.,.!.7),--'--•\ ; :••• • _ • • Signs for future multiple — — —5'5" concrete sidewalk I; I 1.11.'•'- '..•(• I 1Z! • ,. .1_ • ii ././..., i ' i • 'i---•\ • 1./.., , , , •, A • • I- •.n A • , r • , EXHIBIT B Jan. 9, 1979 I DEVELOPER'S AGREEMENT EXHIBIT 1/80 page 1 of 4 I. Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. Owner shall submit detailed construction and storm sewer plans to the Riley-Purgatory Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. . III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $325/single family $250/multiple unit. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. (") A. 1/80 Page 2 of 4 Exhibit C All sanitary sewer, wateimain and storm sewer facilities,concrete curb,gutter, sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or , 19 Upon completion and acceptance, Owner warrants and guarantees the improvements against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any .defect in materials or workmanship within said 2 year period said warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within 60 days of completion thereof together with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and speci- fications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125.; of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25 of the cost of the improvements after acceptance thereof by the City Engineer ,and receipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other ' provisions and terms as may be required by the City Engineer. The Owners registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B. In lieu of the obligation imposed by subparagraph V.A. above, Owner may submit a 100. petition signed by all owners of the property, requesting the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any property which is or shall he dedicated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improvements, 0 .6.ner shall have entered into a contract for rouoh grading of streets included in the iloProve'!Tnts to a finished subgrAo elevation. Contractor's obliga- tion tlitb respect co the 'Otith grading work slhil I be secured by a hond or letter of credit %Mich slial I guarmitee co.;:pletion, and payment for all labor amid eat(Tials oxIwnded in connection with the 1•ou ,di grading. The amount of the bond or let ter 01 credit shal I be 1i5 of Ow cost of such rou(di grading and shall be in such form and contain such further terms as may be required by the City Engineer. •=7:717, (7 page 3 of 4, Exhibit C C. Prior to release of final plat, Owner shall pay to City fees for first two year street lighting ( public streets ) engineering review and street signs. VI. A. Owner shall remove all soil, and debris from. and clean, all streets within, the property at least every two months, (or within one week from the date of any request by City), during the period commencing May 1 and ending October 31, of each year, until such time as such streets and improvements there- in are accepted for ownership and maintenance by City. B. Within 30 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of 2 stakes per roll of sod) that part of the property lying between said curb and a line 3 feet measured perpendicular with the curb orinlieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a minimum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise 4" for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted for ownership and maintenance by City. • Owner shall also sod all drainage swales serving each 1.5 aeresa minimum distance of 6 feet on either side of the center of the swale. C. The bond or letter of credit provided in paragraph V. A. hereof shall also guarantee the performance of Owner's obligations under this paragraph VI. VII. aw'nor shall file this Agremont wi Ui the Register of Deeds or Registrar of Titles and supply the City with a copy of this Agreement with information as to Document thmber and date and time of filing duly certified thereon within CO days from the date of this Agreement. VIII. if Owner fails to proceed in accordance with this Agreement with- in 24 month!: of the date hereof and provide proof of filing in accordance with ituVIL herrof, Owner for itself, it successors, and assigns shall not oppose 0e700ing of said property to Rural. s? Page 4 of 4 Exhibit C *IX. Provisions of this Agreement shall be binding upon and enforce- able against Owner, its successors, and assigns of the property herein described. X. Owner represents and wdirants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: XI. In the event there are or will be constructed on the property, 2 or more streets, and if permanent streets signs have not been installed, Owner shall install temporary street signs in accor- dance with recommendations of the City Building Department, prior to the issuance of any permit to build upon the property. 1/80 5.01 PROPOSED LAKE HEIGH1S_3RD ADDITION The following represents an outlinc of the points of opposition to the re-zoning and subsequent development of the Lake Heights 3rd addition, as presented to the City of Eden Prairie Planning Commission by the residents of the Lake Heights/Neil Woods neighborhood. 1. RESIDENTS MISLED BY CITY STAFF REGARDING "OUTLOT". • Many residents were advised by City staff prior to lot/home purchase that "Outlot B" was preserved land and would not be developed. • Proposed 3rd Addition was represented on drawing by developer as an "outlot". • Development of double homes on West side of Preserve Boulevard reinforced information that "outlot B" would not be developed. 2. TREE CLEARING • Most trees along Southwest perimeter of parcel will be removed. • Trees are a significant and important natural amenity for existing residents. • Trees provide sound barrier to Anderson Lakes Parkway and ball field. • Existence of trees influenced residents in their purchase of lots/homes. 3. EXTENT OF EXCAVATION AND FILL; • Land is not suitable for construction - poor soils (muck and peat). • Excavation depths; 12 feet typical, 9 feet below normal water level. • Fill depths 18 to 20 feet deep. • Dangerous area during construction. • As many as 1,000 truckloads of earth moved in and out. • Who will monitor quality of engineered fill? • Serious basement water problems with similar conditions in Eden Lake neighborhood. (Refer to letters from residents). 4. DRAINAGE POND: • Dangerous to small children. • Mosquito breeding area. • Who will maintain appearance? 5. FLOOD CONDITION/WATER TABLE: • Area was under 5'0" of water during July 1987 flood. • Potential for basement flooding. • How will de-watering be handled during construction? • How will development effect watershed system? 6. ENVIRONMENTAL ISSUES: • Area is a natural amenity. • Who will monitor quality of fill material imported? • Development is inconsistent with "Preserve" theme of area. 7. DEVELOPER DISDAIN FOR RESIDENTS CONCERNS: Motivated only by profit opportunity (offered to give up if residents would pay his profit equivalent). • Presented misleading information to residents at public meeting. • Pond Depth • Extent of Excavation • Enforcement of Covenants • Described existing trees as "scrub". • Developer interested only in selling lots, not quality of neighborhood. • Developer will do minimum required to make lots buildable (i.e. created steep driveway problem on Waterford Road). • No concern about quality of builders by developer. • Developer cannot be relied upon to enforce covenants, if any. 8. EFFECT ON PROPERTY VALUES: • Developer has opportunity to substantially mark-down price of lots if they do not sell at stated sales price of $50,000 and up- • Split-level homes not consistent with neighborhood. • Average properly value in neighborhood will be reduced. • Neighborhood becomes less desirable: • Loses natural features • Density increased • Home quality decreased • Likely soil problems ?ebruary 17, 19'19 TO: Mayor Gary Peterson, members of the city Council, and members of the Planning Commission: We, the undersigned, request that you rezone the property known as bake Heights, 3rd Addition, to "RNRAL", with no topographical alteration (grading, filling, excavation, tree removal, etc.) allowed until a comprehensive plan can be developed to answer the following concerns: 1. Flood Potential a. The area was the site of a serious flood in 1937. 7,ven with pumping, floodwaters remained for two weeks. b. Residents' concerns about flood potential and rumored al- terations to the Neill Lakes bike trails have not been answered. Specifically, we believe that any alteration to the trails represents a significant change in resi- dents' quality of life simply in order to accomodate these units. We are concerned that any change in the level of the trail raises serious environmental impact concerns and questions about a lowered trail's useability. 2. Tree Loss a. The overwhelming tree loss resulting from the project will have an impact on run-off water, further affecting the flood potential. b. The trees form a natural sound barrier for residents from the traffic noise on Anderson Lakes Parkway. What compen- sation could residents expect to receive for their loss? C. The esthetic value of the homes abutting the land in par- ticular, and our entire neighborhood in general, will be adversely affected. 3. Safety Concerns a. The proposed street is directly across from one of the neighborhood bike trail entrances and across from a small neighborhood playground. We believe this presents a ser- ious hazard to the safety of the large numbers of children and families that use these facilities. 4. 7nvironmental 'oncerns a. The proposed area has a recent history of flooding and sub- stantial filling will be required. We are concerned about the purity of landfill materials to be used in an area of families and across from a school. 4. Market Value a. Too great a disparity exists between existing hom e s a n d the proposed homes; i.e., a split-level house, u n d e r t h e plan would back-up to one valued at T350,000. T h i s d i s - parity would cause deterioration of the -:xtoting homes' property values - clearly an inequitable situatio n . b. The entire neighborhood's property values will b e a f f e c t e d as the tree-lined entry we all enjoy will be repla c e d w i t h houses. We believe that existing property values, safety, t h e e n v i r o n m e n t , and neighborhood esthetics will be adversely a f f e c t e d b y t h e p r o - posed development. We bought our houses based o n i m p l i c i t a n d e x - plicit promises of neighborhood stability. '4e b e l i e v e t h a t t h e existing proposal for development will have a d e t r i m e n t a l i m p a c t on us all. 5 7/ r t, A CI\ 1414 1/4V:re g9 0 4 ( 4. Market Value a. Too great a disparity exists between existing ho m e s a n d the proposed homes; i.e., a split-level house, u n d e r t h e plan would back-up to one valued at 1350,000. T h i s d i s - parity would cause deterioration of the existing h o m e s ' property values - clearly an inequitable situati o n . b. The entire neighborhood's property values will b e a f f e c t e d as the tree-lined entry we all enjoy will be rep l a c e d w i t h houses. We believe that existing property values, safety , t h e e n v i r o n m e n t , and neighborhood esthetics will be adversely af f e c t e d b y t h e p r o - posed development. We bought our houses based o n i m p l i c i t a n d e x - plicit promises of neighborhood stability. 'Ve believe that the existing proposal for development will have a de t r i m e n t a l i m p a c t on us all. Signed, -44 9/)/'/ t (1?-' 924 7 2,4 `N/-G -tel-6 ./2 // ,-7/Z V „ • ' we, -/ 1,23„,-4.04„late.i # 1 4Y' ,--,!,./4,414, , P:1.4 /" • 1 75 <y:/ / 1, rJ:pf:A ) • <=1:7 `klY:2 V4/-3'k,ir) - f A , ' -f t - ,P(6-% Cf1^-vo-r.n. 11L "( 214,141 9) P17,42,- 4i) L , 6, t,/A cf/b-c-- L. LC N.La rc'cl '/.3 11 (bn /a4-7-24t-u- • , CiA . '•• 9//J c•Y 4. Market Value a. Too great a disparity exists between existing hom e s a n d the proposed homes; i.e., a split-level house, un d e r t h e plan would back-up to one valued at T350,000. Th i s d i s - parity would cause deterioration of the existing h o m e s ' property values - clearly an inequitable situatio n . b. The entire neighborhood's property values will be a f f e c t e d as the tree-lined entry we all enjoy will be repl a c e d w i t h houses. We believe that existing property values, safety, t h e e n v i r o n m e n t , and neighborhood esthetics will be adversely affe c t e d b y t h e p r o - posed development. We bought our houses based on i m p l i c i t a n d e x - plicit promises of neighborhood stability. We bel i e v e t h a t t h e existing proposal for development will have a det r i m e n t a l i m p a c t on us all. 4 ) f9q(1 1;"ce ,-c ;3 (vd A j cs773— 1 '1 LI t t t 1. Lit bc-a- N. 11 L/1 /(1 7 , ' `''=" signed, 77 ?qL,,„) e,eLd. ,P (---(‘ z /// c. -7 ,7 — C- o -1 4. Market Value a. Too great a disparity exists between existing homes and the proposed homes; i.e., a split-level house, under the plan would back-up to one valued at 1350,000. This dis- parity would cause deterioration of the existing homes' property values - clearly an inequitable situation. b. The entire neighborhood's property values will be affected as the tree-lined entry we all enjoy will be replaced with houses. We believe that existing property values, safety, the environment, and neighborhood esthetics will be adversely affected by the pro- posed development. We bought our houses based on implicit and ex- plicit promises of neighborhood stability. We believe that the existing proposal for development will have a detrimental impact on us all. ^ ! I c5'v—e V Prt .1( e,-( / 1 ir r'9, 1/ 1 G -ei Signed, A ./ / 7-- ! - ,cr Z.7 4. Market Value a. Too great a disparity exists between existing homes and the proposed homes; i.e., a split-level house, under the plan would back-up to ono valopd at 1350,000. This dis- parity would cause deterioration of the existing homes' property values - clearly an inequitable situation. b. The entire neighborhood's property values will be affected as the tree-lined entry we all enjoy will be replaced with houses. - We believe that existing property values, safety, the environment, and neighborhood esthetics will be adversely affected by the pro- posed development. We bought our houses based on implicit and ex- plicit promises of neighborhood stability. 'Ve believe that the existing proposal for development will have a detrimental impact on us all. 4. Market Value a. Too great a disparity exists between existing homes and the proposed homes; i.e., a split-level house, under the plan would back-up to one valued at 1350,000. This dis- parity would cause deterioration of the existing homes' property values - clearly an inequitable situation. b. The entire neighborhood's property values will be affected as the tree-lined entry we all enjoy will be replaced with houses. We believe that existing property values, safety, the environment, and neighborhood esthetics will be adversely affected by the pro- posed development. We bought our houses based on implicit and ex- plicit promises of neighborhood stability. We believe that the existing proposal for development will have a detrimental impact on us all. Signed, rA.1 1`4 Ci`i n --UF,(771 • j'a S76.s - / /,7 / q/ L, "7 1 9G)/ j7/ X I 4 SiRned, 77 / tr'S ' #•7 C ., • 7-) - ; _„3 r 4. Market Value a. Too great a disparity exists between existing hom e s a n d the proposed homes; i.e., a split-level house, un d e r t h e plan would back-up to one valued at 1350,000. Th i s d i s - parity would cause deterioration of the existing h o m e s ' property values - clearly an inequitable situation. b. The entire neighborhood's property values will be a f f e c t e d as the tree-lined entry we all enjoy will be repl a c e d w i t h houses. We believe that existing property values, safety, t h e e n v i r o n m e n t , and neighborhood esthetics will be adversely affe c t e d b y t h e p r o - posed development. We bought our houses based on i m p l i c i t a n d e x - plicit promises of neighborhood stability. We be l i e v e t h a t t h e existing proposal for development will have a detr i m e n t a l i m p a c t on us all. -N. , 9 ; ea" 6' 6( tla,ty,e/4-etA. 4114,17\__, )1L6,/- , . n 1 ) Q c.-S-LILA\ fn-(INNC-LLcavN 61,,t4 f3a„1 //9.74- 64-)a-17;1_1/4-,C //:/( Grl/liedkeJ ri io#141.4d. ij IlCoV o GU ccLA Q , /12 // Ce.2 \S"c' 0,1 4. Market Value a. Too great a disparity exists between existing homes and the proposed homes; i.e., a split-level house, under the plan would back-up to one valued at 1350,000. This dis- parity would cause deterioration of the existing homes' property values - clearly an inequitable situation. b. The entire neighborhood's property values will be affected as the tree-lined entry we all enjoy will be replaced with houses. We believe that existing property values, safety, the environment, and neighborhood esthetics will be adversely affected by the pro- posed development. We bought our houses based on implicit and ex- plicit promises of neighborhood stability. We believe that the existing proposal for development will have a detrimental impact on us all. Signed, 6,1 4-tets, , / 9 2_ Lf G34 /1-13 "Zb Hisq z("b • ;2- el\\;_1.2,1j C c\ 1 n rS g,1 _ g.,?L Fe lf m , .25" /3 9 CO{YM n 55 1M AS a hem 0146- in -I4e 414 SUPti,ti)lea ofkte, .j it'56vve 440 ) 46110 14 nEe ii:(7l447/ c'ah -11e541/ /71;i'leMS atmgeü1 '11,1 , hkitAi- &id whfr fkolle/,,v iii CV l'osood- kifre / ei 1 1 ., '1- c, Please Milt jek 01,(1, e/yrece, eteh Mjei Edei, 44,e, A9 %e£LtL1 LC.;1- 6_2 0L3 , ,) ; C AL. \,/ "NA_ VL cak-A--) kte-- \#L.. 0 T.t.. rkt,_ LL'vo \\,L. r (1 1.,C, 6/17; z/ '6•<: 4/-4et';; 'd Telf 4..e • - S- 7/6 I . 1 (4y4,/i (4, • J (L v 4.11-6-ey:n eL, -.‘L 6-c:, / 7 ' , 2/2c /y7 , („LuAl-- t LA., )/1,A;) j e-C,C1C, cUU- \ ••ne't ,t,t11, d 6 \/*09211' 1(3 41.,Z Sa.ge OS 9tc, • •• •••• -\,.L _ _ _ _ _ n••n•n f 4.74.0407A06,07.4471;10,49,1.02 "V.Z -mfr; 0 CC‘‘ •/71-;.1.-; I s: 0- \ \ c- (:) (Ss:1'v'; ° :SS ;11 10 c. X ' ?Fe.ri ' • 00Z z -9•!'s;oz.t, ?rid; C \I 9 2g '69 f- 2s 'ISZ•7 . • • •:cepc.frE.d.,; a J. 0 €. 006e-21A'a leoNN -7-927 CIS^ ! as- SO, 9/. 0.$" £0 '4 T : 2 0 , Cc? F/. 0($' UD co ci- MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Barbara Penning Cross, Landscape Architecttlor., DATE: March 16, 1989 SUBJECT: Contract Award for Improvements at Staring Lake Park Last fall the Parks, Recreation and Natural Resources Department received bids to construct an 800 seat amphitheater and improve the entry to the building at Staring Lake Park. Bids were received with the lowest bid at $231,111. Costs were higher than originally estimated and the City Council made the decision to reject all bids, rather than cutting back on the quality of the amphitheater. Plans and specifications for improvements at Staring Lake Park were again distributed and were opened March 14, 1989. Eleven bids were received with base prices ranging from $225,111 to $299,642. The bid summary showing base bids and alternate bids is attached. The base bids received are lower than the low bid last fall, even with some additional storm sewer. Due to the favorable price, the Parks, Recreation and Natural Resources staff would recommend choosing Alternate A and constructing each concrete plaza with an exposed aggregate finish, rather than a brush finish. Staring Lake Park is a jewel in our park system and welcomes thousands of visitors each year. Staff feels it is worthy of special treatment and recommends awarding the bid with Alternate A. Matt Bullock Contracting, Inc. is low bidder at $235,247.05 with this addition. Money for improvements at Staring Lake Park will come from cash park fees. BBC:mdd L.QC ,28*852X 888 ' 8 8 : glIAIA12 AAA A A 2 X ° HI"! 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I I - 4 $ gi g a Li l! 4 ag 2 i fts 2 l el I I DV 1 A 2 : 1 3 If F. a a 1_ 1 i . 11 s .2 s si i.2g2-2g ---r-7-!-0 if 14 !I]psf f _ it fhtfl 2.1223militnie; 2 :1-1 =es IiI.ifil _ 7a 81-.211 asgti:r.a0 2011: ilagaaggg trario . t 2 P g .-APINeiffeggESZEgEsogls,?!. 2 U fi if ES 6 8 a 2 1 a t if it cID MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Barbara Penning Cross, Landscape Architecekc., DATE: March 16, 1989 SUBJECT: Contract Award for First Phase Improvements at Red Rock Lake Park and Carmel Park Red Rock Lake Park and Carmel Park are both neighborhood parks scheduled for 1st phase development this year. Carmel Park is a 15 acre park in the northeast quadrant of the City. Facilities at this park will include: a neighborhood ballfield, tennis courts, trails, a playstructure and a small parking lot. Red Rock Lake Park is located in a new subdivision on the southeast tip of Red Rock Lake. This 4 acre park is programmed to include a boat launch with parking for 6 trailers, 1 tennis court, a picnic area, trails, a play area and a 14 car parking lot. First phase development will include grading and base preparation for all paved areas. These two parks have been combined into one contract in order to receive more favorable bids. Plans and specifications were distributed and bids were received and opened March 14, 1989. Nine bids were received with prices ranging from $45,239.03 to $93,923.58. The breakdown is as follows: W. J. Ebertz Company Doug Peterson/Bob Chilson Fell Trucking & Excavation Finley Bros Enterprises Imperial Developers Matt Bullock Contracting Valley Paving M. J. Ryan Construction Barber Construction $93,923.58 $72,066.50 $83,119.60 $45,239.03 $62,370.45 $74,881.75 $58,757.67 $77,496.29 $92,092.93 The Parks, Recreation and Natural Resources staff recommends awarding the contract to Finley Bros Enterprises in the amount of $45,239.03. This contract will be paid for with cash park fees. BPC:mdd MEMO TO: FROM: THROUGH: DATE: RE: Mayor and City Council Jean Johnson, Zoning Administrator Chris Enger, Director of Planning March 16, 1989 RECREATIONAL VEHICLE STORAGE ORDINANCE The attached Mar.89 draft of Ord. 22-88 includes withi n Sec. 2, (b),a 12 foot maximum height. Also included i n (b)as the last sentence, is a provision for luggage ra c k s , air conditioning units, etc., to be mounted upon a veh i c l e roof. Because numerous specific requests for notification p r i o r to 2nd reading were received, residents have been noti f i e d that the ordinance is placed on the Council's March 21 s t agenda for possible 2nd reading. attch: Ord. 22-88 draft Mar.89 Feb. 6, 1989 memo '0 1 Jan.89 draft CITY OF EDEN PRAIRIE Mar.89 draft HE NEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY (1) ADDING THE DEFINITION OF RECREATIONAL VEHICLE, AND (2) ADDING A NEW SECTION REGULATING OUTSIDE RECREATIONAL VEHICLE PARKING AND STORAGE IN ALL ONE-FAMILY RESIDENTIAL DISTRICTS AND ALL MULTI- FAMILY RESIDENTIAL DISTRICTS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.02 entitled "Definitions" is hereby amended by adding paragraph 38a which shall read as follows: 142a. "Recreational Vehicle" - Any trailer, watercraft, snomobile, pull camper, all terrain vehicle, motorhome, travel trailer or tent trailer, or other similar vehicle. A recreational vehicle upon a trailer shall constitute one recreational vehicle.] Section 2. City Code Section 11.03, Subd. 3.J., entitled "Outside Storage and Displays" is hereby amended by adding subsection 3 to read as follows: 3. The parking or storing of recreational vehicles outside of an enclosed building or structure in all One-Family Residential Districts and all Multi-Family Residential Districts is prohibited, except as hereafter provided. (a) No more than 2 recreational vehicles may be stored or parked outside upon a lot. (b) Recreational vehicles not greater than 12 feet in height may be parked or stored on (i) that part of a front yard of a lot occupied by a driveway, provided no part of a recreational vehicle may be closer than 15 feet from the traveled portion of a street, (ii) that part of a side or rear yard of a lot not situated within 10 feet of a lot line, or (iii) that part of a side yard within 10 feet of a lot line which (a) abuts a front yard, (b) is occupied by a driveway, and (c) is not within 15 feet of the traveled portion of a street. In addition to the general 12-foot height permitted, minor portions of accessory equipment not exceeding four square feet in vertical cross-section as viewed from the adjacent lot line is permitted. (c) Recreational vehicles parked or stored outside for a period in excess of 14 days must be owned by a person residing on the lot. (d) All recreational vehicles parked or stored outside must be in a safe, operable condition and exhibit current license or registration plates or tags if the vehicle is one for which a license or registration plate or tag is required by law for its operation. (e) No recreational vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored in a One-Family Residential District or a Multi-Family Residential District. (f) A recreational vehicle must not be parked or stored over or upon a bikeway, pathway, or sidewalk. Section 3. City Code Chapter 1 entitled "General Provisions and D e f i n i t i o n s Applicable to the Entire City Code Including Penalty for Vi o l a t i o n " a n d S e c t i o n 11.99 entitled "Violation a Misdemeanor" are hereby adopted i n t h e i r e n t i r e t y , b y reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after i t s p a s s a g e and publication. FIRST READ at a regular meeting of the City Council of the C i t y o f E d e n Prairie on the 17th day of January 1989, and finally read and a d o p t e d a n d o r d e r e d published at a regular meeting of the City Council of said C i t y o n t h e d a y o f , 1989. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. op! ( MEMO TO: FROM: DATE: RE: Mayor and City Council Jean Johnson, Zoning Administrator February 6, 1989 Recreational Vehicle Storage This memo is to forward additional boat/recreational vehicle storage information to you. Two RV dealers were contacted and the following vehicle heights and lengths were received. Vehicle Length Vehicle Height Winnebago 22 - 31 feet 10'11" high Custom Coach 23 - 28 feet 10' high Custom Coach 28 - 36 feet 11' 8" high The City of Bloomington was also contacted and we were informed they handle 100 - 150 RV complaints per year. Inspections are made only after a complaint has been received. (c/5.- TO MAYOR AND COUNCIL FROM JOHN FRANE DATE MARCH 17, 1989 RE WORKERS COMPENSATION COVERAGE There has been some confusion as to work comp coverage fo r Members of Boards and Commissions, and other Volunteers. Resolution 89-60 extends coverage to those persons. The Mayor, City Council, other Officers, and Employees are already covered. 6110 RESOLUTION 89-60 CITY OF EDEN PRAIRIE MINNESOTA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE THAT Members of City Boards, Commissions, and Volunteers acting on behalf of the City, along with all Officers of the City elected or appointed, shall be included in the definition of "employee" as defined in Minnesota Statutes relating to coverage for purposes of workers compensation entitlement. ADOPTED BY the Eden Prairie City Council on this 21st day of March, 1989. Gary D. Peterson, Mayor John D. Frane, City Clerk MEMO TO: FROM: THROUGH: DATE: SUBJECT: City Council Michael D. Franzen, Senior Planner Chris Enger, Director of Planning March 16, 1989 HIDDEN GLEN IV ADDITION The Staff Report recommended a revision to the grading plan on Lots 10-14 to match Highway #101 grades. The preliminary construction plans for Highway #101 shows construction limits across these lots. At this time, the County has not determined the final centerline grades on Highway #101, therefore, it will not be possible to match grades on these lots at this time. The Staff Report recommended as an alternative to matching Highway #101 grades was to not issue building permits until the grades have been established or until the road is constructed. A more effective way of dealing with this issue would be to plat Lots 10-14 into an outlot, and then replat again when more information is available on Highway #101. The Staff Report also recommended that the landscape plan be enhanced to provide a better buffer adjacent to Highway #101 especially since the preliminary highway plans would remove all the existing vegetation. Since the status of the grading plan and grading limits for Highway #101 are unknown at this time, the landscape plan has not been amended. The Planning Staff would recommend approval of the preliminary plat for 26 lots; however, the final plat must place Lots 10-14 into an outlot which can be replatted at a later date. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-58 A RFSOLUTION APPROVING THE HIDDEN GLEN IV PLANNED UNIT DEvtLOPMENT CONCEPT AMENDMENT TO THE OVERALL HIDDEN GLEN NORTH PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Hidden Glen IV development is considered a proper amendment to the overall Hidden Glen North Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Frontier Midwest Homes Corporation for PUD Concept Amendment approval to the overall Hidden Glen North Planned Unit Development Concept for the Hidden Glen IV development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on March 21, 1989; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Hidden Glen IV development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Hidden Glen North Planned Unit Development Concept as outlined in the application materials for Hidden Glen IV. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated February 27, 1989. ADOPTED by the City Council of Eden Prairie this 21st day of March, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #89-59 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIDDEN GLEN IV FOR FRONTIER MIDWEST HOMES CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Hidden Glen IV for Frontier Midwest Homes Corporation, dated March 13, 1989, consisting of 7.13 acres into 26 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 March, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk iJii4FRITT .PROPOSED SITE III#IJ: JAI- L1T7 r- H4 /1 AREA LOCATION MAP t.0 STAFF REPORT Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning February 24, 1989 Hidden Glen IV Addition North of Pennington Avenue, west of Dull Road, south of Highway #101 1. Planned Unit Development District Review on 68 acres with a waiver for density in the R1-9.5 zoning district. 2. Rezoning from RM-6.5 to R1-9.5 on approximately 7 acres. 3. Preliminary Plat of approximately 7 acres into 26 R1-9.5 single family lots. TO: FROM: THROUGH: DATE: SUBJECT: LOCATION: REQUEST: Background This site is part of the 1984 Hidden Glen Planned Unit Development (PUD). In 1984 the site was originally proposed for townhouses but not approved and subsequently approved for twinhomes. In 1988, the developer submitted a request for "Z" lot homes which did not meet with the approval of the Planning Commission. The developer decided to proceed with a PUD Amendment for twinhomes to substitute a different type of architecture. Site Plan The site plan depicts the sub- division of 7.13 acres of land into 26 single family lots at a density of 3.65 units per acre. The R1-9.5 zoning district has a maximum density of 31/2 units per acre. The developer will need a waiver through the PUD District Review. The 1984 Hidden Glen PUD had previously envisioned this site to be utilized for density transfer. The total Hidden Glen IV Addition 2 February 24, 1989 density of the 68-acre Hidden Glen PhD is less than 2 1. units per acre even with the additional 26 single family lots. The waiver for the increase in density would be consistent with the original intent of the 1984 POD. All of the proposed R1-9.5 lots meet the minimum dimensional and square footage requirements for the R1-9.5 zoning district. Grading Much of the site has been previously graded with previous grading permits. Proposed grading for the site would bring the property to final grade for the construction of the single family homes. There is a 10-foot high retaining wall along Lot 14 which will require a building permit. Utilities Utilities are available in Barrington Drive for sewer and water. There is an existing storm water line across the lots on the south side of Barrington Drive for which a utility easement will be neccessary. This should be depicted on the final plat. Preliminary Plat Outlots A and E will be utilized for road right-of-way purposes. The state will be purchasing these outlots for the eventual construction and realignment of Highway #101. Architectural Diversity City policy requires that the developer prepare an architectural diversity plan which keys specific units to lots such that no units are alike, side by side, opposite, or diagonally across from each other. The developer should submit this architectural diversity plan for Staff review prior to review by the City Council. Landscaping The landscaping proposed as a buffer adjacent to Highway #101 is weak and should be supplemented with additional trees. Existing vegetation will remain in the northeast corner of the project until Highway #101 is constructed. The construction limits will take out these trees. Highway #101 Construction Highway #101 construction is proposed for 1993. Construction limits will impact most of Lots 10-14. The plans should be revised to match Hennepin County grades if possible at this time or building permits should not be issued until the road is built because construction is proposed through the house pads. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the POD District Review, Preliminary Plat and Rezoning from RM-6.5 to R1-9.5 for 26 single family lots, based on plans dated February 10, 1989, subject to the recommendations of the Staff Report, dated February 24, 1989, and subject to the following conditions: Hidden Glen IV Addition 3 February 24, 1989 1. Prior to review by the City Council, developer shall: A. Submit an architectural diversity plan which keys specific unit types to lots in such a manner that no two units are alike side by side, opposite, or diagonally across from each other. B. Revise grading plan on Lots 10-14 to match Highway 0101 grades. C. Revise the landscape plan to provide a better buffer along Highway #10I. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off, and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Submit a landscape security amount to cover the cost and installation and watering for 2 years of the proposed landscaping. Landscaping to be installed after site grading and prior to building permit issuance. C. Pay the appropriate Cash Park Fee. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #89-30 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFFS WEST 7TH ADDITION FOR HUSTAD DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bluffs West 7th Addition for Hustad Development, dated March 16, 1989, consisting of 26.3 acres into 11 single family lots, 2 outlots, and road right-of-way, 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 March, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Ml \ PROPOSED SITE R1-1: ' I STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning February 24, 1989 Bluffs West 7th Addition North of Bluestem Lane, west of Bennett Place Hustad Development Corporation 1. Zoning District Change from Rural and R1-22 to R1 - 1 3 . 5 o n 4.66 acres. 2. Preliminary Plat of 26.3 acres into 11 single famil y l o t s , 2 outlots, and road right-of-way. Background This 26.3-acre site is currently guided Low Density Residential and Open Space on City's Comprehensive Guide Plan. Only 4.66 acres of this land is proposed to be rezoned to R1-13.5 and platted into 11 single family lots. The balance of the property would be placed into outlots for future development. Site Plan The site plan proposes 11 lots on the north side of Bluestem Lane. The site is being developed at gross density including road right-of-way and Outlot A (which is to be dedicated to the City) at 1.52 units per acre. The net density would be 2.27 units per acre including road right-of-way for Bluestem Lane. All of the lots meet the minimum dimensional and square footage requirements for the R1-13.5 zoning district. AREA LOCATION MAP 6cA Bluffs West 7th Addition 2 February 24, 1989 All of the lots meet the minimum dimensional, square footage, and building setback requirements for General Development Waters as part of the shoreland ordinance. The Purgatory Creek conservancy line runs through Lots 5 and 6 and is depicted as a drainage utility easement. Prior to the release of the final plat, developer should prepare and record the conservancy easement which prohibits the grading and alteration of the land over the drainage and utility area. Grading A detailed grading plan has been submitted for the 11 lots as well as an overall mass grading plan so that the overall road system can be evaluated to see if the roads minimize alteration of land forms and tree loss. The roads are proposed in locations which will minimize tree loss, cut, and fill. Building pads are proposed at 60 feet deep. Our experience with homes in the $250,000+ bracket, based on building permit survey depict pad depths of 78. Increasing these pad depths will impact only 4 more trees. Overall Road System Staff has been working with the developer over the last several months to develop an overall road network, which provides access to a number of adjoining properties. Cul-de-sacs are used on some of the adjoining sites to maximize the amount of lots and preserve some of the existing natural features. Purgatory Road must be built to the north at this time or the City will never get a connection after homes are built and occupied. Tree Loss The amount of property under the ownership of the Hustad Development Corporation is 26.3 acres. Tree loss and tree preservation has been calculated over the entire property as was done for other large projects such as the Bluff Country PUD and the Fairfield project. Overall tree loss is estimated at 29%. The land area in Outlot A, Outlot B, as well as the conservancy areas would either be placed in a perpetual easement in which no development would occur or dedicated to the City. This is where most of the caliper inches of trees would be preserved. According to the City's current tree policy, 815 caliper inches would be required to be replaced on- site. Prior to City Council review, the proponent shall submit an overall tree planting plan for review. Utilities Sewer and water service is available to this site from Bluestem Lane. The future development plan on page 6 indicates the watershed division line as part of an overall storm drainage study for the area. This drainage study has been reviewed by the Engineering Department and is acceptable. Park Dedication/Sidewalks There should be a five-foot wide concrete sidewalk along the north side of Bluestem Lane and on the east side of Purgatory Road extension. Bluffs West 7th Addition 3 February 24, 1989 ( STAFF RECOMMENDATONS Staff would recommend approval of the Zoning District Change from Rural and R1-22 to R1-13.5 on 4.66 acres and a Preliminary Plat of 26 acres into 11 sin g l e f a m i l y l o t s , 2 outlots, and road right-of-way, based on plans dated February 20 , 1 9 8 9 , s u b j e c t t o the recommendations of the Staff Report, dated February 24, 1989, a n d s u b j e c t t o t h e following conditions: 1. Prior to City Council review, proponent shall: A. Provide a tree replacement plan for 815 inches. This amount could be phased over the entire 26.3 acres with 20% trees replaced on the 1st 11 lots. B. Revise the grading plan to depict 78-foot deep pads. 2. Prior to Final Plat approval, proponent shall: A. Provide detailed storm water run-off, utility, and erosion contro l plans for review by the City Engineer. B. Provide detailed storm water run-off, and erosion control plans f o r review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Submit evidence of recording of the conservancy areas across Lots 5 and 6 and the dedication of Outlot A to the City. 4. Prior to the release of the Final Plat, the developer shall provid e a b o n d for 815 caliper inches of tree replacement. (a."1 MEMORANDUM TO: Parks, Recreation & Natural Resources Commission THRU: Bob Lambert, Director of parks, Recreation & Natural Resources FROM: Barbara Penning Cross, Landscape Architect l0F, DATE: March 1, 1989 SUBJECT: Supplemental Report to the February 24, 1989 Planning Staff Report on Bluffs West 7th Addition The Parks, Recreation and Natural Resources staff have reviewed these plans and have the following comments: GRADING The land on this site consists of rolling hills and steep slopes along the Purgatory Creek. Roads are proposed in locations which will minimize cut, fill and tree loss. TREE LOSS The majority of trees on this site are oak, basswood, maple and an occasional birch. Prickly ash accounts for the majority of undergrowth vegetation. Tree loss has been calculated for the entire site, and is estimated to be 29%, which is in the normal range for development. Eight hundred and fifteen caliper inches should be replaced on site and should be a requirement of the developer. PARK DEDICATION AND PEDESTRIAN SYSTEMS The recommendations for trail systems are shown on the attached plan and are consistent with Blue Stem 5th Addition to the south. The importance of a trail system in this area is to allow access through the neighborhoods to the proposed creek crossing northeast of this project in a later phase to be built by the same developer. Staff is projecting most of the pedestrian traffic flow from the proposed creek crossing southeast towards Franlo Park along Jackson Drive. The sidewalk system for Bluffs West 7th Addition should meet these demands by extending the sidewalk along the north side of Blue Stem Lane to Purgatory Road and along the east side of Purgatory Road to the property line. At this time, the developer should indicate when the floodplain described as Outlot D is to be dedicated to the City. Staff recommends approval of this project as per the February 24th Planning Staff Report and this supplemental report. BPC:mdd (c, RESOLUTION NO. 89-29 RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Eden Prairie, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie, Minnesota, has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, following a public hearing on March 21, 1989, to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and the City's following proposed use of Year XV Urban Hennepin County Community Development Block Grant funds. (Projects) (Budget) (1) Public Service Activities: a. Household and Outside Maintenance for the Elderly (H.O.M.E.) - $ 5,000.00 b. Greater Minneapolis Day Care Association (G.M.D.C.A.) - $15,000.00 (2) Housing Rehabilitation - $10,000.00 (3 ) Scattered Site Housing Assistance - $37,445.00 Total - $67,445.00 BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, approves the proposed use of Year XV Urban Hennepin County Community Development Block Grant funds and authorizes submittal of the proposal to Hennepin County for consideration by the Citizen Advisory Committee and for inclusion in the Year XV Urban Hennepin County Community Development Block Grant Statement of Objectives and Project Use of Funds. Date Mayor ATTEST: Clerk MEMORANDUM TO: Mayor and City Council FROM: David Lindahl, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: March 15, 1989 RE: YEAR XV (1989-90) PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Eden Prairie is eligible to apply for $67,445 in Community Development Block Grant funds for the Year XV (1989-90) funding year, which runs from July 1989, to December 1990. The national objective of the CDBG program is to provide housing and service opportunities for low and moderate income families, elderly, and handicapped individuals. Requests were made to local community organizations, low income service providers, churches, the City Department Heads, and Human Services Director, for ideas on activities that will address the needs of the low and moderate income in Eden Prairie. With no new suggestions for additional eligible activities, staff is recommending that the existing Year XIV activities be approved for funding in 1989. Staff recommends that the Year XV CDBG allocation of $67,445 be applied toward the existing Year XIV activities in the following way: NAME OF ACTIVITY (1) Public Service Activities: a. Household and Outside Maintenance for the Elderly (H.O.M.E.) - b. Greater Minneapolis Day Care Association (G.M.D.C.A.) - (2) Scattered Site Housing Assistance - (3) Housing Rehabilitation - PROPOSED ALLOCATION $5,000 $15,000 $37,445 $10,000 TOTAL ALLOCATION - $67,445 PROPOSED YEAR XV 1989-90 PROJECT DESCRIPTIONS YEAR TOTAL AMOUNT TOTAL 1988 ANNUAL TOTAL 1988 PROGRAM CONTRIBUTION EXPENDED CURRENT HOUSEHOLDS HOUSEHOLDS PERCENT FAMILIES FAMILIEE PROGRAM NAME 8 DESCRIPTION BEGAN SINCE INCEPTION SINCE INCEPTION BALANCE SERVED SERVED CHANGE SERVED SERVED 1) HOUSEHOLD & OUTSIDE MAINTENANCE FOR ELDERLY (H.O.M.E.) Year IX Provides household and light maintenance services to seniors 60 and older. Services include heavy house cleaning, laundry, snow removal, small appliance repair, grocery shopping, and light carpentry work. 2) CHILD CARE SUBSIDY PROGRAM: Year XI (1985-86) Provides subsidized day care for low income families. Program administered by Greater Minneapolis Day Care Association. Of the 8 Families served in 1988, 7 were single parent households, and one a two parent family. There are currently 12 Eden Prairie families on the waiting list for child care assistance. 3) HOUSING REHABILITATION PROGRAM: Year VI (1980-81) Provides deferred loans of up to $10,000 to low income home owners for home repairs and improvements. Loans are repayed to City if homes are sold within 10 years of receiving loans. 4) SCATTERED SITE HOUSING PROGRAM: Year XIII (1987-88) Provides assistance to low and moderate income families for purchasing homes in Eden Prairie. The City provides a $10,000 deferred loan in the form of second mortgage which reduces the total cost of homes in order to make them affordable. The loans are recovered in full when the homes are sold. $17,241 $15,458 • $1,783 59 22 .60% 59 22 $45,002 $32,675 • $12,327 18 8 +33X 18 8 S69,000 $59,000 • $10,000 12 3 +50X 12 3 $133,614 $71,352 • $62,262 4 2 0 4 2 This program, by creating opportunities for lower income families to purchase homes of their own, promotes ownership, and increases the supply of of affordable, habitable dwellings in Eden Prairie. Allocating $37,445 to the Scattered Site Program will assist an additional 3 families in purchasing homes In Eden Prairie through December, 1990. • All funds in the current balance will be expended by December 31, 1989 (end of Year XIV Fundng Term) VAC 89-03 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-57 VACATION OF PART OF DRAINAGE AND UTILITY AND SCENIC EASEMENTS ON LOT 6, BLOCK 2, WELTER PURGATORY ACRES 3RD ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utility and scenic easement described as follows: REFER TO EXHIBIT A WHEREAS, a public hearing was held on March 21, 1989, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility and scenic 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 and scenic 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 March 21, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk ";;',- t EXHIBIT A A drainage and utility easement on that part of Lot 6, Block 2, Welter Purgatory Acres 3rd Addition, according to the recorded plat thereof on file and of record in the offices of the County Recorder and Registrar of Titles, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 6; thence North 12 degrees 30 minutes 22 seconds West, along the west line of said Lot 6, a distance of 169.04 feet to the north line of the drainage and utility easement as shown on said plat; thence North 77 degrees 48 minutes 57 seconds East a distance of 19.46 feet along the north line of said drainage and utility easement to the point of beginning of the parcel to be described; thence North 89 degrees 13 minutes 29 seconds East a distance of 29.93 feet; thence North 0 degrees 46 minutes 31 seconds West a distance of 6.43 feet to the north line of said drainage and utility easement; thence South 77 degrees 48 minutes 57 seconds West a distance of 30.61 feet along the north line of said drainage and utility easement ot the point of beginning. ALSO, A perpetual scenic easement as described in Document Number 547811 recorded in the office of the County Recorder and Document Number 1949254 recorded in the office of the Registrar of Titles over and across that part of Lot 6, Block 2, Welter Purgatory Acres 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota, lying southeasterly of the following described line and its extensions: Beginning at a point on the southwesterly line of said Lot 6 a distance of 169.04 feet northwesterly from the southwesterly corner of said Lot 6; thence northeasterly to a point on the easterly line of said Lot 6 a distance of 73.49 feet southerly from the northeast corner of said Lot 6 and there terminating. co 33 49484 CHANHASSEN DINNER THEATRE SENIOR PROGRAMS/FEES PAID 49485 GENERAL SAFETY EQUIPMENT CORPORAT 2 FIRE TRUCKS-FIRE D E P T 49486 MICHAEL SKARP 49487 LAKE COUNTRY CHAPTER 49488 MBC PRESENTATIONS 49489 MINNEGASCO '9 490 U S POSTMASTER 491 JERRY & LA VERNE ANDERSON .19492 AT&T CONSUMER PRODUCTS DIV 49493 AT&T 49494 BUTLER PAPER COMPANY 49495 JOHN BECKER 49496 JERRY FALLON 49497 CINDY HOAGLUND 49498 MINNEGASCO 49499 DORIS NELSON 49500 JANET PAULSEN 49501 ERIKA PETERSON 49502 MICHAEL ROPICH 49503 CHRIS VAN SCHOONEVELD 49504 U S WEST COMMUNICATIONS 49505 UNIVERSITY OF MINNESOTA 49506 RON VAN GEEST 49507 KRISTINE WEATHERBY 49508 COMMISSIONER OF REVENUE 49509 SUBURBAN NATIONAL BANK 49510 BEER WHOLESALERS INC 49511 DAY DISTRIBUTING CO 49512 EAST SIDE BEVERAGE CO 49513 KIRSCH DISTRIBUTING CO 49514 MARK VII DISTRIBUTING COMPANY 49515 MIDWEST COCA COLA BOTTLING CO 6 PEPSI COLA COMPANY WATER SAFETY INSTRUCTOR/FEES PAID CONFERENCE-BUILDING INSPECTIONS DEPT CONFERENCE-LIQUOR STORES SERVICE POSTAGE-ELECTIONS REFUND-SENIOR PROGRAMS SERVICE SERVICE XEROX PAPER-CITY HALL REFUND-ADULT MEMBERSHIP FEE REFUND-DEPOSIT FEE-OUTDOOR CENTER REFUND-SKATING LESSONS SERVICE REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SKATING LESSONS REFUND-ADULT MEMBERSHIP FEE REFUND-SWIMMING LESSONS SERVICE CONFERENCE-ENGINEERING DEPT REFUND-SWIMMING LESSONS REFUND-SKATING LESSONS PAYROLL 3/3/89 PAYROLL 3/3/89 BEER BEER BEER BEER BEER MIX MIX MARCH 21,1989 49462 JACK BERNATZ 49463 BIRTCHER WELSH 49464 BRIAN BLANCH 465 GREGG NELSON TRAVEL ,9466 JASON-NORTHCO PROP LP41 49467 ESTHER MAGEE 49468 MINNESOTA MUNICIPAL BEVERAGE ASSN 49469 KATHY RUCKER 49470 SMITH AND WESSON ACADEMY 49471 UNIVERSITY OF MINNESOTA 49472 MN AMERICAN PLANNING ASSN 49473 AT&T CONSUMER PRODUCTS DIV 49474 MINNEGASCO 49475 NORTHERN STATES POWER CO 49476 NORTHERN STATE POWER COMPANY 49477 U S WEST COMMUNICATIONS 49478 AMERI-STAR LIGHTING 49479 KEROS CARTWRIGHT 49480 RECYCLE MINNESOTA RESOURCES 49481 ROLLINS OIL CO 49482 CPAC 49483 SUPPLIES 7 HI ENTER INC 28628124 REFUND-UTILITY BILLING MARCH 89 RENT-CITY HALL SCHOOL-POLICE DEPT SCHOOL-POLICE DEPT MARCH 89 RENT-LIQUOR STORE WZrUND-SwImmING LESSONS CONFERENCE-LIQUOR STORES REFUND-SKATING LESSONS SCHOOL-POLICE DEPT CONFERENCE-PARKS & RECREATION DEPT CONFERENCE-PLANNING DEPT SERVICE SERVICE SERVICE SERVICE SERVICE LIGHT BULBS-COMMUNITY CENTER SERVICE-FLYING CLOUD LANDFILL RECYCLE MN BOXES-SOLID WASTE MANAGEMENT GAS-EQUIPMENT MAINTENANCE CONFERENCE-POLICE DEPT MARCH 89 RENT-LIQUOR STORE 110.00 16268.57 1139.69 298.00 7577.48 11.00 160.00 34.00 850.00 585.00 15.00 32.10 8E127.94 12118.71 9563.93 202.09 1032.41 4747.52 30.00 7849.75 48.00 4671.21 25.39 104285.00 60.00 228.00 505.00 1122.54 12.50 43.95 65.00 532.21 745.78 94.16 50.00 22.00 4106.90 15.25 22.00 11.67 83.80 14.50 559.05 170.00 20.00 13.62 10959.29 53708.83 2216.60 5035.45 11299.80 508.80 12230.55 636.20 705.00 &34- MARCH 21,1989 49517 49518 1(9519 520 9521 49522 49523 49524 49525 49526 49527 49528 49529 49530 49531 49532 49533 49534 49535 49536 49537 49538 11 "Ell 1771 711111 IEEE 1777711 711 117171117711 1E1E 71711 117 111111 171 117" 1711 Ell 1E77 111711 111711 `7711 17111 `17111 111771` 117117 11 "71 El 1 "71 171 Ell " 1E71 1711 771 111117111 `EVE 7711711 1171 1 Ell 111 111717111 71111 1111 7711 71177711 LE "El HEE 111711 Ell 11717711 1171171711111 77777711 1" 111717171 7711 117711111 " 111 1711 171771111 17111711 1111711 117711 1171171117 1 711711111 11171111 1" 17771117 77 17711 7711 11717.11 11171177` EVE " 49539 SHAW-LUNDOUIST ASSOC INC 49540 ACRO-MINNESOTA INC 49541 49542 / 543 1 :44 49545 AMERICAN STEEL & INDUSTRIAL SUPPL 49546 ANP PRODUCTS CORPORATION 49547 EARL F ANDERSEN & ASSOC INC 49548 ARMOR SECURITY INC 49549 ASTLEFORD INTL INC 49550 AUTO MATIC GARAGE DOOR CO 49551 B R W INC 49552 BARTON ASCHMAN ASSOCIATES INC 49553 BATTERY & TIRE WAREHOUSE INC 49554 7771711 49555 "771 7711 49556 117` 717"1171 49557 BOYUM EQUIPMENT INC 49558 TOBY BOYUM 49559 LEE M BRANDT 49560 BRAUN ENS TESTING INC 49561 BRYAN ROCK PRODUCTS INC 62 BUSINESS CREDIT LEASING INC 17650345 MIX BEER BEER MIX SENIOR PROGRAMS/FEES PAID PAYROLL 3/3/89 CHILD SUPPORT DEDUCTION PAYROLL 3/3/89 CHILD SUPPORT DEDUCTION PAYROLL 3/3/89 MARCH 89 UNION DUES MARCH 89 HEALTH INSURANCE PREMIUM PAYROLL 2/17/89 & 3/3/89 MARCH 89 HEALTH INSURANCE PREMIUM PAYROLL 3/3/89 PAYROLL 3/3/89 COMPUTER MODEM/CABLE-CITY HALL CONFERENCE-COMMUNITY CENTER REPAIR WATERMAIN CONFERENCE-HUMAN RESOURCES SERVICE-WATER TREATMENT PLANT EXPANSION -SERVICE-PRAIRIE CENTER DRIVE TRAFFIC SIGNALS SERVICE-WATER TREATMENT PLANT EXPANSION -OFFICE SUPPLIES-CITY HALL/CHAIR-8115.50- COMMUNITY CENTER CAR WASH SOAP-EQUIPMENT MAINTENANCE PAGER SERVICE-POLICE DEPT UNIFORMS-STREET DEPT -UNIFORMS-WATER DEPT/STREET DEPT/SEWER DEPT/PARK MAINT/TOWELS-LIOUOR STORE STEEL PLATE/PIPE/TUBING-EQUIPMENT MAINT BATTERY CABLES/TERMINALS-EQUIPMENT MAINT -SIGNS-STREET DEPT/ANIMAL CONTROL SIGNS- PARK MAINTENANCE LOCK REPAIR-FIRE STATION -MOTOR/SWITCH/KNOB/CHANNELS-EQUIPMENT MAINTENANCE REPLACE OVERHEAD DOOR-FIRE STATION -SERVICE-VALLEY VIEW ROAD-MITCHELL TO COUNTY ROAD 4 SERVICE-HIGHWAY 5 TO COUNTY ROAD 4 -BACKUP ALARMS/SIGNALS/BATTERIES/BATTERY WIRES/BATTERY TERMINALS-EQUIPMENT MAINT SUBSCRIPTION-SOLID WASTE MANAGEMENT WASTE DISPOSAL-PARK MAINTENANCE -MINUTES-PARKS RECREATION & NATURAL -RESOURCES COMMISSION/HISTORICAL & CULTURAL COMMISSION REPAIR LOAD SENSE SYSTEM-EQUIPMENT MAINT HOCKEY OFFICIAL/FEES PAID HOCKEY OFFICIAL/FEES PAID SERVICE-MITCHELL ROAD TO COUNTY ROAD 1 GRAVEL-STREET MAINT/SNOW & ICE CONTROL APRIL 89 COPIER RENTAL-FIRE DEPT 105.21 15115.60 28.00 77.28 1155.00 1363.00 252.00 4411.00 194.76 1253.92 897.00 12939.50 1000.00 21445.04 26848.45 246.50 160.00 90.00 5000.00 40.00 500.00 27070.87 13423.00 911.08 224.70 82.00 173.30 1283.10 566.29 274.26 1738.27 60.85 117.56 1760.00 787.60 28020.11 740.82 36.00 278.00 98.12 1024.84 435.00 172.00 2076.70 1843.77 182.75 ACE CHEMICAL PRODUCTS INC AIRSIGNAL INC AMERICAN LINEN SUPPLY CO AMERICAN LINEN SUPPLY CO 103 MARCH 21.1989 49563 BUSINESS RECORDS CORPORATION MN PRINTING LEGAL FORMS-ASSESSING DEPT 49564 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL ..-'565 CARLSON & CARLSON ASSOC EMPLOYEE ASSISTANCE-HUMAN RESOURCES 4' 566 CARLSONS LAKE STATE EQUIP CO SWEEPER BROOM-PARK MAINTENANCE 49567 CARVER COUNTY TREASURER -SERVICE-HWY 212 ENVIRONMENTAL IMPACT STATEMENTS & STUDY REPORT 49569 CERTIFIED LABORATORIES CLEANING SUPPLIES-EQUIPMENT MAINTENANCE 49569 CHAPIN PUBLISHING COMPANY -LEGAL ADS-ENGINEERING DEPT/STARING LAKE PARK IMPROVEMENTS 49570 CLUTCH & TRANSMISSION SER INC SHIFT CONTROL/THERMOSTAT-EQUIPMENT MAINT 49571 COMMISSIONER OF TRANSPORTATION SERVICE-HIGHWAY 5 & EDEN PRAIRIE RD 49572 COMPUTER PLACE 8 ANTI-STATIC PADS-POLICE DEPT 4 9 573 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-EQUIPMENT MAINTENANCE 49574 CONTINENTAL SAFETY EQUIP INC -2 LIFE AIR EMERGENCY ESCAPE UNITS-SEWER DEPT 49575 COPY EQUIPMENT INC -OFFICE SUPPLIES/EQUIPMENT REPAIR- -ENGINEERING DEPT/BUILDING DEPT/ASSESSING DEPT 49576 CORONET/MTI FILM & VIDEO INC FILM-POLICE DEPT 49577 BARBARA CROSS EXPENSES-PARK PLANNING DEPT 49578 CURTIS INDUSTRIES INC -KEYS/CONNECTIONS/DRILL BITS-EQUIPMENT MAINTENANCE 495 7 9 CUSTOM FIRE APPARATUS INC -INSTALL TANK GAUGE/HOSE REPLACEMENT- -$980.00/GRASS RIG CABINET DOORS-S300.00- FIRE DEPT 49580 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 49581 D & K PRINTING PLUS INC PRINTING-SENIOR PROGRAMS 49582 WARD F DAHLBERG FEBRUARY 89 EXPENSES-LIQUOR STORES '..97 SANDY DANIELSON SCHOOL-BUILDING DEPT .584 DALCO -CLEANING SUPPLIES/HOSE-FACILITIES/ EQUIPMENT MAINTENANCE 49585 MONICA DAY SERVICE-EMPLOYEE NEWSLETTER 49586 DAY TIMERS INC OFFICE SUPPLIES-PLANNING DEPT 49587 DEL AIR CONDITIONING K. HEATING -1ST QUARTER 89 MAINTENANCE AGREEMENT- FACILITIES 49588 DIAMOND ACCEPTANCE -APRIL 89 COPIER INSTALLMENT PAYMENT- POLICE DEPT 49589 EUGENE DIETZ DUES/FEBRUARY 89 EXPENSES-ENGINEERING DEPT 49590 BILL DOLNEY DIVING INSTRUCTOR/FEES PAID 49591 DR1SKILLS SUPER VALU EXPENSES-POLICE DEPT 49592 PAULA DUNNUM AEROBICS INSTRUCTOR/FEES PAID 49593 THOMAS E EASTMAN MILEAGE-COMMUNITY CENTER 49594 EDEN PRAIRIE CHAMBER OF COMMERCE -EXPENSES-COUNCILMEMBERS/HUMAN RIGHTS COMMISSION 49595 E P PHOTO FILM PROCESSING-POLICE DEPT 49596 LOAN MCKAY ELECTRICAL CONTRACTORS SERVICE-REWORK CONTROLLER-GRAFFITI BRID G E 49597 EMPRO CORPORATION 2 PRESSURE WASH MACHINES-FIRE DEPT 49598 DOUGLAS ERNST LICENSE FEE-PARK MAINTENANCE 49599 RON ESS HOCKEY OFFICIAL/FEES PAID 49600 EXPRESS MESSENGER SYSTEMS INC POSTAGE-PLANNING DEPT 49601 FEED RITE CONTROLS INC CHEMICALS-WATER DEPT 49602 FEIST BLANCHARD CO -HOSE/FUEL PUMP/WIRE SET/SWITCHES/SNOW -PLOW KIT/CABLE/WINDOW HANDLES/PLUGS/ -MIRROR PARTS/COUPLER/FILTERS-EQUIPMENT MAINTENANCE 2910969 27.23 2484.80 365.00 5130.00 1948.81 147.62 248.40 348.39 53.60 131.10 304.50 631.09 994.31 470.00 10.49 522.34 1563.60 1646.77 303.32 80.00 145.20 516.95 390.00 17.11 1031.00 300.00 225.00 88.00 18.76 250.00 31.75 86.00 23.20 230.20 4191.00 7.50 269.00 19.15 2920.00 938.50 MARCH 21,1989 49603 FIRE MARSHALLS ASSN OF MINNESOTA DUES-FIRE DEPT 49604 FLOYD SECURITY -2ND QUARTER SECURITY SYSTEM MAINTENANCE- CUMMINS GRILL HOUSE 605 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES '49606 LYNDELL FREY VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 49607 LYNDELL FREY -EXPENSES-SOCIAL EVENTS/REGISTRATION FEE- PROGRAM SUPERVISOR 49608 G & K SERVICES -COVERALLS/TOWELS-WATER DEPT/PARK MAINT/ LIQUOR STORE 49609 G L CONTRACTING INC REPAIR SEWER LINE-SEWER DEPT 49610 GETTING TO KNOW YOU ADVERTISING-LIQUOR STORES 49611 JOSEPH GLEASON -HOCKEY/BROOMBALL & BOOTHOCKEY OFFICIAL/ FEES PAID 49612 GNERER WELDINS INC -GUIDES/SPRINGS/CUTTING EDGES FOR PLOWS- EQUIPMENT MAINTENANCE/PARK MAINTENANCE 49613 ROBERT R GRANT BROOMBALL OFFICIAL/FEES PAID 49614 ALAN GRAY DUES/FEBRUARY 89 EXPENSES-ENGINEERING DEPT 49615 GREATER MPLS AREA BOOKS-ASSESSING DEPT 49616 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT 49617 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 49618 HACH CO LAB SUPPLIES-WATER DEPT 49619 HALE COMPANY INC -GAS PUMP COMPUTER & PRINTER REPAIR- EQUIPMENT MAINTENANCE 49620 HANSEN THORP PELLINEN OLSON INC -SERVICE-PIONEER TRAIL & COUNTY RD 18 40.00 60.00 200.62 96.50 11.35 449.34 1463.27 90.00 236.00 640.10 413.25 225.00 55.00 158.17 149.00 12.34 644.51 19801.27 ',21 ROGER HAWKINSON ,22 VOID OUT CHECK 49623 HENNEPIN COUNTY 49624 HENNEPIN COUNTY TREASUSRER 49625 HENNEPIN COUNTY TREASURER 49626 HENNEPIN COUNTY TREASURER 49627 D C HEY COMPANY INC 49628 HONEYWELL PROTECTION SERVICES 49629 IBM CORPORATION 49630 INSTY PRINTS 49631 JERRY'S NEWMARKET 49632 JM OFFICE PRODUCTS INC 49633 JUSTUS LUMBER CO 49634 KAR PRODUCTS 49635 KLEVE HEATING & AIR CONDITIONING 49636 CYNTHIA J LANENBERG 49637 LEEF BROS INC 49638 LINHOFF COLOR PHOTO 496;9 LOUISVILLE LANDFILL INC 49640 LOG IS 41 LUND'S INC -DRAINAGE STUDIES/HAMILTON RD/BLUFF RD/ -COUNTY RD 4 & PIONEER TRAIL WATER MAIN/ -MEDCOM BLVD/RED ROCK LAKE STORM SEWER CONNECTION/RIVERVIEW RD/STARING LAKE PK BASKETBALL OFFICIAL/FEES PAID JANUARY 89 BOARD OF PRISONERS POSTAGE-VOTER REGISTRATION VERIFICATIONS FILING FEE-PLANNING DEPT SERVICE-TRAFFIC SIGNAL MAINTENANCE MAINTENANCE AGREEMENT-FIRE DEPT -2ND QUARTER 89 SECURITY SYSTEM-LIQUOR -STORE/JANUARY 89 SECURITY SYSTEM-SENIOR CENTER APRIL 89 MAINTENANCE AGREEMENT-CITY HALL OFFICE SUPPLIES-POLICE DEPT EXPENSES-FIRE DEPT -OFFICE SUPPLIES-FIRE DEPT/CITY HALL/SEWER DEPT -PLYWOOD/TIMBERS/CONTACT CEMENT/BRUSH/ -PLASTIC LAMINATE/PARTICLE BOARD-PARK MAINTENANCE/WATER DEPT SOLDER SLEEVES-STREET MAINTENANCE -INSTALL PRESSURE WASHER VENT-EQUIPMENT MAINTENANCE MILEAGE-FIRE DEPT MATS-LIQUOR STORE FILM PROCESSING-FORESTRY DEPT JANUARY 89 WASTE DISPOSAL-STREET MAINT JANUARY 89 SERVICE EXPENSES-FIRE DEPT 145.00 0.00 1558.16 361.05 61.00 630.26 50.83 466.31 424.32 205.80 293.08 618.36 299.16 95.75 543.00 45.25 38.00 21.80 20.00 14112.53 615.71 45 35 109 6 37 4 9643 1 644 49645 49646 49647 49648 49649 n & I INDUSTRIAL SUPPLY INC M-V GAS CO RODERICK MACRAE MARK'S EDEN PRAIRIE AMOCO MARTIN-MCALLISTER MASYS CORRoKATIDN MCGLYNN BAKERIES INC 49650 METRO SALES INCORPORATED 49651 METRO PRINTING INC 49652 METRO SALES INCORPORATED 49653 BRIDGET MILLER 49654 MINNESOTA BLUEPRINT 49655 MINNESOTA COMMUNICATIONS CORP 49656 MINNESOTA COMMUNICATIONS CORP 49657 MN CONWAY FIRE & SAFETY 49658 MN RECREATION & PARK ASSN 49659 MINNESOTA VALLEY ELECTRIC CO-OP 49660 MINNETONKA FIRE DEPT 49661 MINUTEMAN PRESS MARCH 21,1989 49642 LYMAN LUMBER CO 062 W M MONTGOMERY 49663 BERNADINE G moRGAN 49664 MOTOROLA INC 49665 MSP AIRPORT NEWS 49666 GREGORY J MUELLER 49667 BETH MUNN, 49668 NATIONWIDE ADVERTISING SERV INC 49669 JP NOREX INC 49670 NORTH STAR SOUND INC 49671 NORTHLAND BUSINESS COMMUNICATIONS -PLYWOOD/TREATED LUMBER-STREET MAINT/PARK MAINTENANCE SOCKET SETS-EQUIPMENT MAINTENANCE GAS-OUTDOOR CENTER-STARING LAKE PARK CONFERENCE-OUTDOOR CENTER-STARING LAKE PK GAS-EQUIPMENT MAINTENANCE STRESS TEST-HUMAN RESOURCES APRIL COMPUTER MAINTENANCE-POLICE DEPT -EXPENSES-CITY HALL/POLICE DEPT/SENIOR PROGRAMS 1909 MAINTENANCE AGREEMENT-POLICE DEPT -LETTERHEAD-$192.00-FIRE DEPT/ANIMAL CONTROL CARDS-POLICE DEPT 89 MAINTENANCE AGREEMENT-POLICE DEPT MILEAGE-ADMININSTRATION OFFICE SUPPLIES-ENGINEERING DEPT -MARCH 89 PAGER SERVICE-SEWER DEPT/WATER DEPT/FIRE DEPT -2 PAGERS-3412.00/AIRTIME-$I94.00-POLICE FORFEITURE-DRUGS -UNIFORMS/7200 FT OF HOSE-$14944.00- -FIRE DEPT/FIRE EXTINQUISHERS/EXTINQUISHER RECHARGING/0 RINGS-FACILITIES DUES-PARKS RECREATION & NATURAL RESOURCES SERVICE SCHOOL-FIRE DEPT -PRINTING-BUILDING INSPECTIONS/RECREATION DEPT -FEBRUARY 89 RADIO ENGINEERING SERVICE- POLICE DEPT EXPENSES/KIDS KORNER INSTRUCTOR/FEES PAID RADIO REPAIR-FIRE DEPT ADVERTISING-LIQUOR STORES VOLLEYBALL OFFICIAL/FEES PAID WALLEYBALL OFFICIAL/FEES PAID EMPLOYMENT ADS-HUMAN RESOURCES FORCEMAIN REPAIR-SEWER DEPT MICROPHONE REPAIR-CITY HALL -4 DICTATING RECORDERS-$828.00/4 CARRYING CASES-POLICE FORFEITURE-DRUGS BOND PAYMENT REFUND-OVERPAYMENT UTILITY BILLING -PRINTER REPAIR-PLANNING DEPT/COMPUTER SOFTWARE-FORESTRY DEPT -BRACKET/CLUTCH ROD/BUSHING/CLIP/PIN/ROD- EQUIPMENT MAINTENANCE PHYSICAL EXAMS-HUMAN RESOURCES -MILEAGE/EXPENSES-SPECIAL EVENTS/ROUND LK BEACH COUPLINGS/WIRE-EQUIPMENT MAINTENANCE OIL-EOUIPmENT MAINTENANCE SERVICE-COMPARABLE WORTH STUDY EXPENSES-COUNCILMEMBER -2ND QUARTER 89 POSTAGE METER RENTAL-CITY HALL 82.88 136.28 227.50 306.00 18.45 125.00 1295.00 193.42 280.00 280.00 330.00 7.50 113.27 128.50 606.40 15236.45 721.00 55.25 110.00 503.01 432.00 701.74 221.02 49.00 108.00 90.00 77.70 979.06 35.00 852.00 37438.75 50.15 805.00 43.53 174.00 118.90 566.20 300.64 182.40 200.00 109.50 49672 NORWEST BANK MINNESOTA N A 49673 JOHN 0 CONNOR 49674 OFFICE PRODUCTS OF MN INC 49675 PARK JEEP EAGLE 49676 PARK NICOLLET MEDICAL CENTER 49677 JENNIFER PAYNE 49670 PEDERSON SELLS EOUIP CO INC 49679 PENNZOIL PRODUCTS COMPANY 49680 PERSONNEL DECISIONS INC 49681 PATRICIA PIDCOCK 49 682 PITNEY BOWES INC 6429050 MARCH 21.1989 49683 POMMER COMPANY INC -PLAQUES/TROPHIES/ENGRAVED PLATES- 67.81 -ORGANIZED ATHLETICS/SENIOR PROGRAMS/ AQUATICS SUPERVISOR ( 684 PRAIRIE ELECTRIC COMPANY INC -INSTALL SWITCHES-ASSESSING DEPT/INSTALL 636.05 -RECEPTACLES/WIRE PARTITION FEEDS- FACILITIES 49685 PRAIRIE HARDWARE -PAINT/PAINT ROLLERS/FISH LINE/WIRE TIES/ 193.09 -DUCT TAPE/BATTERIES/PLUNGER/KEYS/LOCKS/ -SCREWDRIVERS/RATCHET HANDLE/PAINT BRUSHES/ -FACE MASKS/SCREWS/BOLT/HOOKS-COMMUNITY CENTER 49686 PRAIRIE HARDWARE -GARBAGE CAN/VACUUM BAGS/BELT/HOSE ENDS/ 184.17 -BOLTS/SANDING BELTS/NUTS/BAGGIES/TACK -CLOTHS/PAINT BRUSHES/DRILL BIT/WAX/BRACES/ -SPACE HEATER/FLOODLIGHTS/MOP HANDLES- PARK MAINTENANCE 49687 PRAIRIE HARDWARE -LIGHT BULBS/CHROME CLEANER/GLOVES-POLICE 10.41 DEPT 49688 PRAIRIE HARDWARE -WIRE BRUSHES/PAINT/CONNECTORS/SLEDGE 151.88 -HAMMER/HANDLE SAVER/CLAMPS/CHAIN/TOOL BOX/ -PAINT ROLLERS/PAINT BRUSHES/GLOVES-SEWER DEPT 49689 PRAIRIE HARDWARE -ROPE/LOCKS/RUST REMOVER/FUNNELS/PAILS/ 307.90 -WIRE BRUSH/ROLLERS/HOOKS/PLASTIC SHEETING/ -PIPE COMPOUND/MASKING TAPE/SANDPAPER/ -PAINTING SUPPLIES/WASHERS/LAUNDRY SOAP/ BATTERIESITOW STRAP/SPONGES-WATER DEPT 49690 PRIOR LAKE AGGREGATE INC SAND-SNOW & ICE CONTROL 305.96 PROTOOL SWITCH-EQUIPMENT MAINTENANCE 9.70 92 PSO LEASING & MAINTENANCE -2ND QUARTER 89 MAINTENANCE AGREEMENT- 1465.50 FACILITIES 49693 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-MITCHELL/RESEARCH ST IMPROVEMENTS 23458.98 -ROWLAND RD/WYNDHAM KNOLL/WYNDHAM CREST/ PIONEER TRAIL WATERMAIN 49694 ROAD RESCUE INC FIRST AID RESCUE EQUIPMENT-FIRE DEPT 1693.15 49695 ROOT 0 MATIC SEWER SERVICE-WATERFORD RD 290.63 49696 RYANS RUBBER STAMPS -RUBBER STAMPS-ELECTIONS/PLANNING DEPT/ 113.00 BUILDING INSPECTIONS 49697 ST FRANCIS REGIONAL MEDICAL CENTE SCHOOL-FIRE DEPT 1150.00 49698 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-CITY HALL/FORESTRY DEPT/ 45.42 COMMUNITY CENTER 49699 SCHNEIDERMAN'S -SOFA-$833.00/LOVESEAT-$725.00/2 CHAIRS- 2378.00 $820.00-SENIOR CENTER 49700 GEORGE SCHELL -PRINTING FLYERS & PROGRAMS-VARIETY SHOW- 38.37 HISTORICAL & CULTURAL COMMISSION 49701 SEARS KEYS-STREET MAINTENANCE 27.98 49702 SETTER LEACH & LINDSTROM INC -SERVICE-COMMUNITY CENTER LITIGATION/ COMMUNITY CENTER REPAIR 49703 Ill/ -MIRROR-PLATE/REPLACE AIR CLEANER MOTOR/ 105.94 CARBURETOR REPAIR-EQUIPMENT MAINTENANCE 49704 DOUGLAS SMITH DUES-FIRE DEPT 25.00 49705 W GORDON SMITH CO -GAS/RATCHET WRENCHES/ANTIFREEZE/FITTINGS/ 264.53 -LUBRICANT-EQUIPMENT MAINTENANCE/COMMUNITY CENTER 6 SNAP ON TOOLS CORP FLYWHEEL TURNER/LOCK SET-EQUIPMENT MAINT 3530121 2259.59 118.15 6,29 MARCH 21.1989 49707 SOUTH HENNEPIN HUMAN SERVICES COU 4TH QUARTER SERVICE 49708 SOUTHWEST AUTO SUPPLY INC -STEEL LINE/FUEL PUMP/FILTERS/BRAKE SHOES/ -BRAKE PADS/GROTE/HEADLIGHTS/AIR HOSES/ -TUBING/COUPLERS/GLOVES/DRILL BITS/KEY -RINGS/BATTERIES/TEMPERATURE CONTROLS- EQUIPMENT MAINTENANCE 49709 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIOUOR STORES 49710 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-HUMAN RESOURCES/SENIOR CTR 49711 STAR TRIBUNE SUBSCRIPTION-POLICE DEPT 49712 STREICHERS PROFESSIONAL POLICE EQ EARMUFFS-FIRE DEPT 49713 SUBURBAN CHEVROLET -AIR CLEANER/SWITCHES/PIPE/SEALS/NUTS/ -BEARINGS/SPRINGS/HOOD RELEASE CABLE/ -NOZZLE ASSEMBLY/COOLANT SENSOR KIT/FILTER- EQUIPMENT MAINTENANCE 49714 SULLIVANS SERVICES INC WASTE DISPOSAL-PARK MAINTENANCE 49715 KIM TEACHOUT WALLEYBALL OFFICIAL/FEES PAID 49716 TOM TEPPER VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 49717 THORBECK & LAMBERT ARCHITECTS LTD -SERVICE-FEBRUARY 89 MODIFICATION STUDY FOR POLICE BUILDING 49718 TIERNEY BROTHERS INC -OFFICE SUPPLIES-PARK PLANNING/COMMUNITY CENTER 49719 n BASKETBALL OFFICIAL/FEES PAID 49720 n n EXPENSES-CITY HALL 49721 ".111111 nnn EXPENSES-FIRE DEPT 49722 n (E14 n n 11‘n -BUS SERVICE-SPIRIT MT SKI TRIP-ADULT PROGRAMS/FEES PAID 49723 TROYEHL INDUSTRIES INC LATCHES-COMMUNITY CENTER 49724 VALERIE TRADER AEROBICS INSTRUCTOR/FEES PAID 7 25 TURF SUPPLY CO FERTILIZER-PARK MAINTENANCE I 26 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-EQUIPMENT MAINTENANCE 49727 U A S INC FINGERPRINTER-POLICE DEPT 49728 UNLIMITED SUPPLIES INC NUTS/BOLTS/WASHERS-PARK MAINTENANCE 49729 UNIFORMS UNLIMITED -UNIFORMS/VIDEO TAPE-POLICE DEPT/ANIMAL CONTROL 49730 UNITED LABORATORIES INC -LUBRICANT/CLEANING SUPPLIES-SEWER DEPT/ EQUIPMENT MAINTENANCE 49731 VIKING PAINTS INC -PAINT THINNER/TACK CLOTHS-PURGATORY CREEK TRAILS 49732 WATER PRODUCTS CO -LOCATOR-$630.00-SEWER DEPT/PLUGS/222 5/8 -X 3/4 100 GAL METERS-$10187.58/252 HORNS- 33301.20-WATER DEPT 49733 SANDRA F WERTS -CONFERENCE/MILEAGE-SENIOR PROGRAMS/ RECREATION DEPT 49774 WEST WELD CUTTING TORCH HEAD & TANKS-EQUIPMENT MAINT 4975 WILSON TANNER GRAPHICS -BUSINESS CARDS-PLANNING DEPT/COMMUNITY -CENTER/EMPLOYEE NEWSLETTER-$190.00-HUMAN RESOURCES/CITY MAPS-CITY HALL 49736 WINGFIELD PERFORMANCE ENGINEERING TRANSMISSION REPAIR-EQUIPMENT MAINTENANCE 49777 JON WORRE VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 49778 GERALD ZAHN VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 49779 JAMES A ZALESEY VOLLEYBALL OFFICIAL/FEES PAID 49740 ZEE MEDICAL SERVICE -FIRST AID SUPPLIES-CITY HALL/STREET MAINT PARE MAINTENANCE 49741 ZIEGLER INC BLADES/CUTTING EDGES-EQUIPMENT MAINTENANCE 42 KAY ZUCCARO AQUA AEROBICS INSTRUCTOR/FEES PAID 5719269 3000.00 986.34 270.81 1396.36 70.20 125.40 279.01 94.32 138.00 220.00 561.20 346.89 87.00 21.94 143.04 1225.00 42.00 250.00 19962.08 62.78 498.08 41.85 1936.95 355.86 29.45 14083.78 106.51 358.00 2278.00 537.42 99.00 543.00 94.50 144.40 2471.02 332.50 MARCH 21,1989 49743 COMMISSIONER OF REVENUE 49178 VOID OUT CHECK ,42049, VOID OUT CHECK ! 246 VOID OUT CHECK '44278 VOID OUT CHECK 49400 VOID OUT CHECK -629208 FEBRUARY 89 FUEL TAX 512.60 39.00- 396.00- 1094.36- 5247.52- 3 1.00- 9687737.79 DISTRIBUTION BY FUNDS 300814.97 758.23 37880.56 24923.63 1458.40 29968.92 7731.90 19870.58 119229.00 14670.00 22768.75 66967.98 30746.10 5065.38 875.31 ;U GENERAL 11 CERTIFICATE OF INDEDT 15 LIOUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 21 POLICE DRUG FORFEITURE STATE AID CONST 31 PARK ACOUIST & DEVELOP 33 UTILITY DOND FUND 39 86 FIRE STATION CONST 47 77 FIRE DEBT FUND 44 UTILITY DEBT FUND 51 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND SI TRUST I. ESCROW FUND $683737.79 -MEMORANDUM- TO: Mayor and City Council FROM: Jeffrey Johnson Engineering Technician THROUGH: Alan D. Gray, City Engi DATE: March 16, 1989 RE: Land Alteration for Eden Prairie Schoo l B u s G a r a g e The Eden Prairie School District has r e q u e s t e d C i t y C o u n c i l a p p r o v a l o f their request for a land alteration p e r m i t t o e x p a n d t h e p a r k i n g a r e a behind the existing bus garage locate d n o r t h o f S c e n i c H e i g h t s R o a d a n d east of County Road 4. The proposed expansion consists of exc a v a t i o n o f t h e h i l l s i d e i m m e d i a t e l y to the north of the bus garage to acc o m o d a t e t h i r t y - t w o a d d i t i o n a l b u s parking stalls, installation of storm s e w e r , c o n s t r u c t i o n o f r e t a i n i n g walls, asphalt pavement installation, a n d r e s t o r a t i o n o f a l l d i s t u r b e d areas. Please refer to the attached pl a n f o r d e t a i l i n f o r m a t i o n . A building permit will be required for t h e c o n s t r u c t i o n o f t h e p r o p o s e d retaining walls. All disturbed areas wi l l b e r e s t o r e d w i t h s e e d a n d w o o d fiber blanket to prevent erosion. Seasonal load limits on all posted ro a d w a y s m u s t b e o b s e r v e d d u r i n g a n y trucking and hauling operations. The proposed expansion of this parkin g a r e a d o e s l i e w i t h i n t h e H i g h w a y 212 corridor as shown on the official m a p a d o p t e d b y t h e C i t y C o u n c i l . Recommend approval of the land alt e r a t i o n p e r m i t f o r b u s p a r k i n g expansion subject to the above mention e d c o n d i t i o n s . JJ:ssa taq3 EDEN PRAIRIE LIONS P.O. BOX 443-005 EDEN PRAIRIE, MINNESOTA 55344 March 8, 1989 Mr. Carl J. Jullie City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Eden Prairie Lion's Club Charitable Gambling License Application Dear Mr. Jullie: Enclosed herewith you will find a completed Gambling Lic e n s e A p p l i c a t i o n which the Eden Prairie Lion's Club (the "Club") int e n d s t o s u b m i t t o t h e Minnesota Charitable Gambling Board (the "Board"). The C l u b s e e k s t o o b t a i n a license to operate a pull-tabs gambling operation a t t h e G r e e n s t r e e t s restaurant located at 7765 Mitchell Road in Eden Prairie. As you are aware, the Club is required to obtain the signature of a representative of the City of Eden Prairie (the "Ci t y " ) o n t h e a p p l i c a t i o n prior to submitting the form to the Board. The City C o u n c i l t h e n h a s 6 0 d a y s from the date of such signature in which to pass a res o l u t i o n t o d i s a l l o w t h e proposed gambling activity. Alternatively, the Cou n c i l m a y b y r e s o l u t i o n waive such 60 day waiting period thereby expediting t h e B o a r d ' s a p p r o v a l o f the application. The Club hereby respectfully requests that you execu t e t h e e n c l o s e d application on behalf of the City. We further request t h a t t h e m a t t e r o f t h e Club's application be presented to the City Council ( t h e " C o u n c i l " ) a t i t s regularly scheduled March 21, 1989 meeting together w i t h t h e C l u b ' s r e q u e s t that the Council resolve at such meeting to waive the 6 0 d a y w a i t i n g p e r i o d . We ask that the Council consider the following fact o r s i n m a k i n g i t s determination as to the Club's application: 1. Lions International is one of the largest service o r g a n i z a t i o n s i n the world. There are 39,800 Lions clubs in 164 coun t r i e s a n d g e o g r a p h i c a l areas. It is estimated that those clubs present l y h a v e a p p r o x i m a t e l y 1,300,000 members. The Eden Prairie Club was founded i n 1 9 6 6 a n d h a s s i n c e Mr. Carl J. Jullie March 8, 1989 Page 2 that date been an active functioning club which has made signi f i c a n t contributions to Eden Prairie and its citizens. The moral character o f t h e Club and its members has been exemplary and is without blemish. We pr e s e n t l y have 111 members who participate in community events ranging from p a n c a k e breakfasts to aid to needy citizens. We feel the Club is recognized by the citizens of Eden Prairie as a hard working benefactor of everyone in Eden Prairie. 2. We are confident that the Club is without parallel when it comes to giving to worthy causes in Eden Prairie. It is not practical to list the recipients of the Club's contributions of time and money over its 2 8 y e a r history. However. I have enclosed herewith a copy of an article publis h e d i n the Eden Prairie News in May of 1988 listing recipients of funds f o r t h e 1984-1987 period. What is particularly evident from such list is that the Club makes a point of giving its help to as many worthy causes as pos s i b l e . While we may focus on a few "Lions" causes, we do not allocate all or e v e n a major portion of our giving to any one cause. We feel we are in a u n i q u e position to distribute the proceeds of a pull-tab operation for the be n e f i t of the multitudes of worthy recipients. 3. While the Club is proud of its history of helping, we feel the proposed pull-tab operations will generate significant additional s u m s o f money which the Club can use to the benefit of those living in Eden Pra i r i e . We have researched the pull-tab activities of fellow Lion's Clubs and h a v e been truly amazed at the amounts of money which their operations g e n e r a t e . Approximately one-third of the Lion's Clubs in our district present l y h a v e active pull-tab operations. Some of the larger communities which h a v e L i o n operated pull-tab operations include Wayzata, Brooklyn Park, Brooklyn C e n t e r , New Hope, several Minneapolis clubs, Crystal and Hiawatha. Our dis c u s s i o n s with the individual club members who are in charge of such operation d i s c l o s e d that they have been able to fund projects which they could not c o n s i d e r funding without such operations. As as example of one club's giving, w e h a v e enclosed herewith a copy of a listing published by the Hinckley Lio n ' s C l u b showing their contributions for 1988. We are confident that similar good works can be achieved in Eden Prairie by our Club. 4. Our discussions with other Lion's clubs which are operating pull-tab operations has led us to conclude that it is a business which m u s t b e professionally run on a day to day basis. We have therefore determin e d t h a t in the event the Club's application is approved, we will retain an inde p e n d e n t advisor to assist us in running our site. Such advisor has experience in running a number of operations in Minnesota. He will furnish us with the expertise we require to operate our site in compliance with all Min n e s o t a regulations and yet in as profitable and cost effective manner as is pos s i b l e . At the same time, Jim Jordan, a six year member of the Club, will act as the gambling manager of our operation. Mr. Jordan will be bonded and w i l l b e directly responsible to the Club for all aspects of the operation. I n t h i s Mr. Carl J. Jullie March 8, 1989 Page 3 way, we will insure proper Club control of the operation while relying o n outside expertise. 5. We presented the concept of the Club operating a pull-tab operation to our membership for consideration at the Club's February 20, 1989 meeti n g . The Club's Board of Directors had previously endorsed the pull-tab operat i o n at its January 23, 1989 meeting and directed the previously empowe r e d committee to present the proposal to the membership. The committee ' s extensive presentation covered the significant legal and moral issues invol v e d in the pull-tab operation. Some of the major justifications presented to t h e Club members by the committee for consideration included: a. The Minnesota state legislature has approved charitable gambling in Minnesota provided the statutes and rules and regulations adopted by it are complied with by charitable organizations. In doing so, the legislature acknowledged the public's desire to gamble and the good that can be achieved by controlling that desire and funneling the proceeds of such activity to worthy causes. b. Residents of the State of Minnesota recently voted in favor of amending the Minnesota constitution to permit lottery gambling. Our information indicates that the residents of Eden Prairie supported this amendment by approximately a 61% majority. c. The Minnesota legislature has previously authorized paramutual betting in Minnesota. d. The City has previously authorized pull-tab operations in Eden Prairie by the American Legion. e. The Club has in the past participated in limited gambling enterprises in the form of bingo and raffle operations at the annual Schooner Days and 4th of July festivities. At the same time, the committee stressed that a pull-tab operation could n o t become the "be all-end all" for our Club. We stressed that the Club's Bo a r d and its members must commit to continuing all of the community projects w h i c h we have become known for and must continue to strive to provide our commun i t y not only with money but with service. Both our Club constitution and o u r members' goals for our Club and our community will insure that such commitm e n t and service will continue. Each interested member was then given a n opportunity to ask questions and to give his opinion pro or con on these a n d all other related issues. A vote was then taken which resulted in t h e adoption of a resolution authorizing the Club's pull-tab operation. Mr. Carl J. Jullie March 8, 1989 Page 4 In summation, the Club feels strongly that a properly controlle d p u l l - tab operation can be used to generate funds which can be used to b e n e f i t m a n y needy individuals in our community. We believe the Eden Prai r i e L i o n ' s C l u b has the history of community service and contributions whic h j u s t i f i e s t h e Council granting us its approval of our application for a cha r i t a b l e g a m b l i n g license and thereby enabling us to tap that resource for t h e g o o d o f E d e n Prairie. Thank you for your consideration of our application. Club representatives will be happy to appear at the Council's conv e n i e n c e w h e t h e r at a regular Council meeting or otherwise to discuss our a p p l i c a t i o n i n greater detail and to answer any questions you or the Cou n c i l m a y h a v e regarding the same. Please contact the undersigned at 937-9 0 3 4 t o a r r a n g e such a meeting. Very truly yours, Eden Prairie Lion's Club, Inc. BY:Q _ . ,DmJordamj Its Gambling Manager Schooner Days Special Lions' donations in '80s top $180,000 The Eden Prairie Lions, like their Lioness counterparts, are a philanthropic lot, having donated tens of thousands of dollars over the years to better the community— many of those funds coming from Schooner Days celebrations. In fact, the total dollar com- mitment made by the Lions Club over the years is approximately • $180,000. .4The club has been making &lantana since 1960, when $309 was earmarked for various recreational programs. Below, gleaned from Lions Club records, is a list of the organizations and causes which have benefitted from the benevolence of the Eden Prairie 'ens Club in this decade alone: • 1987 to present (donated or pledged) — District Hearing Fund, $50; Red Cross van maintenance. $250; Camp Courage Halloween Party, $100; Camp Courage cam- pership, $300; Lion Art Griffin Memorial Fund, $15; Minnesota Lions Eye Bank, $192; Eden Prairie Historical Society, 00; St. Louis Part Lions. $25; Eden Prairie West Lions Club, $200; District Hearing Fund, $202; Lions Christmas Fund, $25; hearing aid for Eden Prairie youth, $650; Lions Quest, $75; Lions Leader Dog Program, $100: Camden Lions, $211.22; Viking Council Career Awareness Program, $500; eyeglasses for Eden Prairie youth, $218.45; Minnesota lions Eye Bank, $250; Lions Leader Dog Program, $250; District Hearing Fund, $250; Lions Hearing Dog Program. $250; city Fourth of July celebration. $5003; PROP, $200; Eden Prairie High School scholarships. $3,000: Eden Prairie Crime Prevention Fund, $1,000; Lions Quest program, $5,000; school and city canoes. $2,000; Camp Edenwood, $5.000. 1986-87 — South Hennepin Red ross, $250; Immaculate Heart of Mary Church, $120: Hopkins Lions Club, $25: lions Eye Bank. $700; Eden Prairie hearing aid. $85; high school senior party, $300; Eden Prairie Crime Prevention Fund. $1,000; Eden Prairie loves Its Kids, $100; Diabetes Association, $50; Peace Center, $10; eyeglasses for Eden Prairie youth, $72.45 and $355; Immanuel Lutheran Church, $100; Camp Edenwood, $5,000; Round Lake Pavilion electrical work, $2,600; the Viking Council Boy Scouts of America, 1400; the Lions Eye Bank, $450; the Lions Hearing Foundation, $450; Lions loader Dog for the Blind, 1250; Hennepin Csunty Food Shelf, $ten; Round Lake parking lot, $1,500; Eden Prairie Fourth of July celebration, ZOO; PROP, $200; Camp Courage, $350; Parents Communication Network, $100; Eden Prairie High School academic scholarships, $2,000; labor to the American Diabetes Association holiday program, 224 hours or the equivalent of $13,440. 1985-81 — The Lions Hearing Foundation, $184; the Fergus Falls Lions for their chemical dependency program, $20; PROP, $50; labor to the American Diabetes Association holiday program, 200 hours; food to PROP, 203 pounds and $250;; two emergency electrical generators to the Eden Prairie Public Safety Department; Camp Edenwood, $10,000 commitment; school drug awareness program, $5,000; Lions Eye Bank, $178; Hennepin County Association of Retarded Wizens, 100 hours of tabor; Leader Dog for the Blind Program, $250; Lions Hearing Foundation, $100; Lions Eye Bank, $250; Camp Courage campership for Eden Prairie child, $250. 198445 — Eden Prairie Tennis Association, $1,000; Camp Courage Halloween Party, $25: Scouting, $300; Minnesota Lions Eye sank, $184; Salvation Army, $100; Junior Olympic ski team, $200; Eden Prairie Crime Prevention Fund, $1,000; academic scholarships, $1,000; American Diabetes Association carnperships, $500: Camp Courage carnperships, $500; Camp Filenwood, $5,001; city Fourth of July celebration, WO; Lions Journey for Sight, $95. 118341 — A parking lot at Round Lake Park, $3,000; Round Lake Park playground equipment, $5,000; student scholarships, $600; the school band, $278; the Eden Prairie Crime Prevention Fund. $500; Eden Prairie Community Theater, $100; Eden Prairie Historical Society, $250: Eden Prairie Senior Center, $250; Eden Prairie Community Band, $150; Scouting, $250; Junior Olympics, $300; Campe Courage, $403; Camp Edenwood, $1,000; Minnesota Lions Eye Rank, $418; American Diabetes Association of Minnesota, $500; Minnesota Lions Hearing Foundation, $250; Lions Club International Foundation, $250; Lions Leader Dogs for the Blind, $250; lions Run for Hearing Dogs, $276; PROP, $200; the school tennis program, $600; Eden Prairie Legion, $400; Eden Prairie High School career awareness exploring program, $300; Winnipeg Lions project, $25. 14E243 — Round Lake Park playground equipment, $5,000; eyeglasses for students, $257; Scouting, $100: Camp Courage, $35; Minnesota Lions Eye Bank, $166; Minnesota Lions Hearing Foun- dation, $400; Lions Leader Dogs for the Blind, $80. 19111412 — Round Lake Park playground equipment, $5,000; eyeglasses for students. $184; Eden Prairie Crime Prevention Fund, $612; Camp Courage, $25; Minnesota Lions Eye Bank, $1613; Minnesota Lions Hearing Fund, $500. 198041 — Police rescue vehicle, • $2,700; eyeglasses for students, $111; Eden Prairie Crime Prevention Fund, $500; Eden Prairie BMX bike track, $200; Camp Indian Chief. 867: Minnesota Lions Eye Bank, $160; ' Minnesota Lions Hearing Foun- dation, 8480; Lions Leader Dogs for the Blind. $50. The Hinckley Lions Club would like to thank those who have patronized their Charitable Gambling Booths. Proceeds from these games during 1988 have been used or pledged for various Community Projects: LIONS INTERNATIONAL ewe*. N... Lor. 0.0 lleos Allow WWI STEEN PARK, CLOVERDALE Gramm Gm.. QUEST —SCHOCX DRUG PREVENTION Test. HINCKLEY FIRE DEPARTMENT RAYmr.n. TAlinimp Om*. Lopwo HINCKLEY FIRE MUSEUM 4.C.... Imint Ay, Cam.. Ur. HINCKLEY PICNIC SHELTER Cononc..• Cr.• l'ealwe La MINNESOTA DNR CoolefloYmet 111n,...10,inve HINCKLEY HEALTH FAIR To., Gamma ST. CLOUD TECH./HINCKLEY FIRE DEPARTMENT ct ROSEHILL CEMETERY So* Ca.*: Low LUTHERAN MEMORIAL CEMETERY Yaw./ Iwo kr Mee Oweawil SCHOL4RSHIPS too so.. G....es HINCKLEY SENIOR OTIZEN CENTER Air Ca* CLOVERDALE 4TH OF JULY CELEBRATION HINCKLEY AMBULANCE SANDSTONE AREA HOSPITAL I 4asnos HINCKLEY CHAMBER OF COMMERCE Amewins TAolon. Irmo, KamC Owen RA*. ftoofte CITY OF HINCKLEY Sow Imilmoommet, the, CAW. VW.. OM. KORN & KLOVER KARNIVAL f mywolowont I woo/ HALLOWEEN PARTY 907.90 M.o. Meoles CLOVERDALE SENIOR CITIZEN CENTER 11,050.00 4.1•n••••Caels tftwo Pe,. en MAY C..1 HINCKLEY HOCKEY ASSOCIATION 9,500.00 'Coo .8 88888., a.% MISCELLANEOUS 2.022-00 ma ma& IN, sm.. a AIL: ChMenro Samt; 84 88.Ikroatas N.. 041 188et, Corot 11.0. 30.,88eamts SUBTOTAL. $134,823.33 Hinckley Lions Club HINCKLEY, MN Atiouller.; bombe 6,825.00 252.00 2,409.14 3,585.00 4,361.25 37,311.05 20,000.00 950.00 630.00 9,014.35 3,000.00 1,500.00 980.00 1,111.00 1,000.00 lo,o3o.00 1,715.64 4,199.00 2.500.00 1 Charitable Gambling Control Board Room N-475 Griggs-Midway Building 1821 University Avenue St. Paul, Minnesota 55104-3383 (612) 642-0555 FOR BOARD USE ONLY tisanes Number PAID AMT CHECK# DATE GAMBLING LICENSE APPLICATION INSTRUCTIONS: A. Type or print in ink. B. Take completed application to local governing body, obtain signature and date on all copies, and leave 1 copy. Applicant keeps 1 copy and sends original to the above address with a check. C. Incomplete applications may be returned. D. Enclose license fee with application. Type of Application: OCIass A — Fee $100.00 (Bingo, Raffles, Padd(ewheels, Tipboards, Pull-tabs) UClass B — Fee $ 50.00 (Raffles, Paddlewheels, Tipboards, Pull-tabs) 0 Class C — Fee $ 50.00 (Bingo only) OCIass D — Fee $ 25.00 (Raffles only) Make checks payable to: Minnesota GhaMable Gambling Control Goartl Check one: USA. Organization has never been licensed. 018. New site — Give base license number. Dl C. Renewal of existing license — Give complete license number. 01D. Change in class of an existing license — Give complete license number. :CLYes No 2. Has organization ever received a Lawful Gambling Exemption Permit from the Board? If yes, give complete permit number Yes ONo 3. Have Internal Controls been submitted previously on a form provided by the Board? If no, please attach copy. 4. Applicant (Official, legal name of organization) 5. Business Address of Organization ',I.,. -Ir .,: f . r 6. City, State, Zip 7. County 8. Business Phone Number c•. 55'1 V, ( 0 3 7 — 9. Type of organization: OFraternal OVeterans OReligious 00ther nonprofit • •If organization is an "other nonprofit" organization, answer questions _10 through 12.11 not, go to question 13. 'Other nonprofit" organizations must document its tax-exempt status. ;RYes0No 10. Is organization incorporated as a nonprofit organization? If yes, give number assigned to Articles or page and book number: Attach copy of certificate. :ClYesONo 11. Are articles filed with the Secretary of State? ElYes ENo 12. Is organization exempt from Minnesota or Federal income tax? If yes, please attach letter from IRS or Department of Revenue declaring exemption. CI Yes LI No 13. Has license ever been denied, suspended or revoked? If yes, check all that apply: ODenied 0Suspended ORevoked Give date: • 14. Number of active members ill 15. Number of years in existence 7.1 Note: Attach evidence of three years existence. 16. Name of Chief Executive Officer (Cannot be Gambling Manager) qnry 7 1re.1rol 17. Name of treasurer or person who accounts for other revenues of the organization (Cannot be Gambling Manager) f,Arry .1!vhil.-41 -ide 72..,,,silnt Title mr:..,r Business Phone Number ( -1" ) '-'25--.7r4.,:i Business Phone Number ( -,12 I '7 --7./..:n ^. 18. Name of establishment where gambling will be conducted 1;1•.:. -n.ttr-1-•:. n 19. Street address (not P.O. Box Number) 77.,5 "ttr.',.,"! 1 -!(:).. City, State, Zip "Alen '1-7,11.1..1, ' ..: 55:',44 21. County (where gambling premises is located) 7-nneoin CG 0001-0318/881 White Copy-Board Canary-Applicant Pink-Local Governing Body Page 1 of 2 corn --- Gambling License Application Type of Application: LI Class A 17:3Class B Class C ClClass D 0Yes liNo 22. Is gambling premises located within city limits? 0Yesi.:No 23. Are all gambling activities conducted at thq premises listed in #18 of this application? If not, complete a separate application for each premises (except raffia) as a separate license is required for each premises. °Yes riNo 24. Does organization own the gambling premises? If no, attach copy of the lease with terms of at least one year, and attach a sketch of the premises indicating what portion is being leased. A lease and sketch are not required for Class D applications. 25. Amount of Rent Per Month or Bingo Occasion $ 26. Do you plan on conducting bingo with this license? If yes, give days and times of bingo occasions. 0 Day Time Day Time Day Time OYes .No 27. Has the $10,000 fidelity bond required by Minnesota Statutes 349.20 been obtained? 28. Insurance Company Name Mot agency namel i ., ir ,, Cr.,:11., Lt.- 29. Bond Number 30. Lessor Name 31. Address 32. City, State,Zip .,l n ee 1 e t - 33. Gambling Manager Name 34. Address ! "t -, •t - .-_,-, ,--,-1 ,,, 35. City, State, Zip - ' 'n i -- 1 i e 4 e . '171';4 36. Gambling Manager Business Phone t 1.:'. .- ris - I ,i"7 37 Date gambling manager became member of organization: I Month •ei Year CYes :No 38. Has the license termination orm been completed? Attach copy. 0Yes L:No 39. Has the compensation schedule been approved by the organization? Attach copy , 40. List the day and time of the regular meeting of the organization. Day • : • Time 41. Bank Name 42. Bank Address 43. Bank Account Number 'uur 'ian ittont ee'r el 'leer GAMBLING SITE AUTHORIZATION By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site at any time gambling is being conducted to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the gambling bank account whenever necessary to fulfill requirements of current gambling rules and law. I hereby declare that: OATH 1. (have read this application and all information submitted to the Board; 2. All information submitted is true, accurate and complete; 3. All other required information has been fully disclosed; 4. I am the chief executive officer of the organization; 5. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments thereto; 7. Membership list of the organization will be available within seven days after it is requested by the board. 44. Official, Legal Name of Organization 45. Signatutelenust be signed by'Chief Executive Officerl 7,(Icte !Ann LTIC . X 3 .14161,i0 Title of Signer Date lht . °r t.' c,er 'erre , • .1.; ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the board, will become effective 60 days from the date of receipt (noted below) unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 60 days of the below noted date. 46. Name of City or County (Local Governing Body) .. 1 51 eeiri." If site is located within a township, item 47 must be completed, in addition to the county signature. If township is not organized, county must sign. Signature of person receiving application X ' • I `. 47. Name of Township Title II -e 't , Date received 160 day period begins from this date) Signature of person receiving application X 48. Name of person delivering application to Local Governing Body Title CG 0001 03 (8,88) White Copy-Board Canary-Applicant Pink-Local Governing Body Page 2 of 2 (057 ' RENTAL AGREEMENT This Agreement, made and entered this 1" day of IA 0/14' /4 1911.1 by and between cljr-crt 5 1-44-ETS (Owner) doing business at the address, of 16 5— / 1 0 (Bar and Address) in the City/County of Aiettri (4 iN,14. P1r1 • hereinafter called FIRST PARTY, and Drs p,;007tc-- L q5 3 (Organization). (Street & Box Number), FOer, pR4,1?Ic-- (City), Minnesota, hereinafte called SECOND PARTY. WITNESSETH: 1. First Party, being the owner of operator of business premises. for%. and in consideration of the sum of $ 10 U000 per month and other con . sideration hereinafter recited, the receipt of which is hereby acknowle does hereby grant to Second Party for the period of 1,4 through 30 30 49/C 0/0 the right to locate on the business premiS games of chance devices consisting o-f those legal in the state of Minne such devices to be located on the business premises where designated by First Party. First Party shall have no interest in the outcome of such gases of chance. 2. Second Party shall pay First Party a monthly rental fee, which shall' . be a sum sufficient to provide for adequate rental of space. Either party may notify the other if said party wishes to renegotiate the ex- isting rental fee. Negotiation of rental fees shall in no way reflect ui the variance of monthly gross proceeds of the games of chance but shall l be contingent upon actual space usage incurred by the games of chance I and the patrons thereof. Any amendments to this lease must be furnished i to the Charitable Gambling Control Board at least 10 days prior to the effective date of the change. If said amendment would cause loss of license, it shall be negated. FIRST PARTY: Date (Date) SECOND PARTY: fUt ••, • 3. Both parties will comply with all Federal. State, and local Laws pertaining to the conduct of games of chance. 4. First Party agrees that only one eligible organization at a time may operate on the above stated premises and that this premises shall be subject to rules adopted by the Charitable Gambling Control Board of Minnesota. 5. This agreement may be terminated upon the giving of thirty (30) days notice by either party, said notice to be in writing. 6. Brief description of the general area leased by the Second Party: 13 Al? ,--"A 7. The signing of this agreement signifies nullification of any previouj agreements made by and between First and Second Party or by and between i First Party and any other eligible organization for the purposes of con- ducting games of chance. IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written.