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HomeMy WebLinkAboutCity Council - 08/15/1989AGENDA TUESDAY, AUGUST 15, 1989 COUNCILMEMBERS: SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING 6:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas City Manager Carl J. Jullie and Assistant to the City Manager Craig W. Dawson I. CALL MEETING TO ORDER/ROLL CALL II. INTERVIEW CANDIDATES TO FILL VACANCIES - 1 Vacancy on the Historical & Cultural Commission ilia I-Vicancy on the Parks, Recreation & Natural Resources Commission III. ADJOURNMENT. AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 15, 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 Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES III. CONSENT CALENDAR A. Clerk's License List B. Resolution No. 89-175 Authorizing the Electronic Funds Page 1996 Transfer of City -Page 1997 CITY COUNCIL STAFF: City Council Agenda - 2 - Tues.,August 15, 1989 C. Resolution No. 89-184 Certifying Final Proposed 1989 P r o p e r t y TiTrevy D. Resolution No. 89-185 Supporting National Drug Polic y Page 1998 Page 1999 E. Amendment to the Cooperative Construction Agreement be t w e e n M n D O T P a g e 2 0 0 0 and Eden Prairie for TH 169 (Resolution No. 89-180) F. Resolution Declaring Cost to be Assessed and Ordering P r e p a r a t i o n of Proposed 1989 SpecTii—Assessment Rolls and Setting Hearing Dite (Resolution No. 89-181) Page 2010 G. Approve Reconveyance of Outlot B Ridgewood West to C e n t e x H. Authorization to Execute Subrecipient Agreements for Y e a r X V CDBG -- Authorizing Mayor and City Clerk to Execute S u b r e c i T i e n t Agreements with Hennepin County for Year XV CDBG Proj e c t s (Resolution No. 86-167) I. Request by Dennis D. Gonyea for an 18-month Extension to the Development Agreement for Dutra A Gonyea's 4th Addit i o n IV. PUBLIC HEARINGS A. CRESTWOOD '89 by Alex Dorenkemper. Request for Z o n i n g D i s t r i c t Change from Rural to R1-22 on 0.84 acres with varianc e s t o b e reviewed by the Board of Appeals, Preliminary Plat of 2 . 1 7 a c r e s into 2 single family lots. Location: North of Dell D r i v e . (Ordinance No. 30-89 - Rezoning; Resolution No. 89-17 7 - Preliminary Plat Page 2013 Page 2015 Page 2017 Page 2019 Page 2022 Page 1918 V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 28-89 re: Mayoral Ter m VII. PETITIONS REQUESTS & COMMUNICATIONS A. Request to Raise Normal Water Elevation of Mitchell L a k e ( c o n t i n u e d P a g e 2 0 3 1 from June 20, 1989) B. Request for Funding from Southwest Corridor Transporta t i o n CoalitioTTResolution No. 89-186) Continued from Au g u s t 1 , 1 9 8 9 C. STARRING HIGHLANDS by Cliff and Mary Anderson. Req u e s t f o r Preliminary Plat of 2.17 acres into 3 single family l o t s w i t h a front yard setback variance to be reviewed by the Bo a r d o f Appeals. Location: Northwest corner of Ridge Road a n d E a s t Staring Lane (Resolution No. 89-176 - Preliminary Pl a t ) D. Appeal from Decision by Board of Appeals & Adjustments - Request of BradieTP. Kuyper to Set a Date for Appeal of Deci s i o n o f Board of Appeals & Adjustments regarding setback to d e c k Location: 16534 South Manor Road. Page 2041 Page 2032 Page 2035 City Council Agenda - 3 - Tues.,August 15, 1989 VIII. REPORTS OF ADVISORY COMMISSIONS A. Lawful Gambling Study Committee - Final Report IX. APPOINTMENTS A. Appointment of one representative to the Parks Recreation & Natural Resources Commission to fiIi an unexpired term to 27 2 1 3 / 9 0 B. Appointment of one Representative to the Historical & Cultur a l Commission to aff an unexpired term to 2/2819, X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1: 1988"..City Audit Report C. Report of City Attorney D. Report of Director of Planning E. Director of Parks Recreation & Natural Resources F. Report of Director of Public Works 1. Receive Bids and Award Contract for Bluff Road Improvements, I.C. 52-141- TsZlaThn No. 89-IU) 2. Receive Bids and Award. Contract for Country Glen:Street and liTi975 Improvements, I.C. 52-17I —TReso1ution No. 89-183) G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT Page 2057 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST August 15, 1989 CONTRACTOR (MULTI-FAMILY A COMM.) Great River Construction, Inc. Johnson Construction & Drywall CONTRACTOR (1 & 2 FAMILY) JMA Builders Mr. Handyman Signature Homes of Carmel,Inc. PLUMBING Galaxy Mechanical Contractors Southwest Plumbing Stant Plumbing & Heating Thriftmaster Plumbing SEPTIC SYSTEMS J. P. Norex, Inc. Duane Ritter Excavating GAS FITTER P & D Mechanical Contracting Swanson & Schiager Plumbing HEATING & VENTILATING Realistic Heating & Cooling, Inc. REFUSE HAULER Randy's Sanitation, Inc. PEDDLAR Freeman Hayes (Firewood) Chris Rush (Water Purifiers) These licenses have been approved by the department he a d s r e s p o n s i b l e f o r the licensed acOvity. Licensing /9 06 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 89-175 A RESOLUTION AUTHORIZING THE ELECTRONIC TRANSFER OF CITY FUNDS. IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE THAT THE CITY FINANCE DEPARTMENT IS AUTHORIZED TO MAKE ELECTRONIC FUND TRANSFERS TO ANY FINANCIAL INSTI- TUTION FOR THE ACCOUNT OF THE CITY OF EDEN PRAIRIE, MINN- ESOTA. PASSED BY THE CITY COUNCIL ON THIS 15TH DAY OF AUGUST 1989. GARY D. PETERSON, MAYOR JOHN D. FRANE, CITY CLERK NT) MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie (1)() Assistant to the City Manager Craig W. Dawson Final Proposed 1990 Property Tax levy August 10, 1989 In keeping with the existing truth-in-taxation timelines, Resolution No. 89-184 has been prepared for Council action by August 15. On August 1, the City Council adopted Resolution No. 89-172 which set the initial proposed 1990 property tax levy at $12,680,000, the maximum amount available under the current levy limit statute. The final proposed 1990 property tax levy would be the same as the initial proposed levy. By adopting this Resolution, the Council would establish the property tax it could not exceed during the budget deliberations this fall. By using the levy limit figure as the final proposed levy, the Council would be certifying an amount it could not exceed in any case. Recommend adoption of Resolution No. 89-184. CWD:jdp CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-184 A RESOLUTION CERTIFYING THE FINAL PROPOSED 1990 PROPERTY TAX LEVY BY THE CITY OF EDEN PRAIRIE WHEREAS, the Minnnesota Legislature enacted a law in 1988 which specified a "truth-in-taxation" process to be followed by cities for the purpose of establishing property tax levies for the next fiscal year; and WHEREAS, the statute requires that the City Council certify a final proposed property tax levy by August 15; and WHEREAS, the City of Eden Prairie has undertaken preparation of its 1990 Budget and identified the need to levy property taxes; and WHEREAS, statutory levy limits contain conditions and formulae to determine the maximum amount of dollars which may be levied for property tax collections, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that it certify a final proposed 1990 property tax levy of $12,680,000, an amount equal to the City's property tax levy limit, AND FURTHER, that this figure be transmitted to the Hennepin County Auditor. ADOPTED by the City Council August 15, 1989. Mayor Gary D. Peterson ATTEST: John D. Frane City Clerk /NM CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-185 WHEREAS, the sale and use of illegal drugs are facts of life throughout the United States; and WHEREAS, the scope of this serious social problem does not respect city or state boundaries, but in fact transcends national borders; and WHEREAS, local resources can attack the inroads drugs have made into American society only in limited ways; and WHEREAS, drug abuse is present among all segments of American society, but insidiously affects young people who ignore evidence that casual use of drugs often leads to addiction; and WHEREAS, young people represent the greatest resource of the nation; and WHEREAS, investments - costly though they may be - need to be made now to prevent the well-documented costs to Americans in the future from insufficient efforts to curtail chemical abuse among young people; and WHEREAS, because these problems are omnipresent throughout the United States and must be solved on a national level, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the Council urges the Government of the United States of America to articulate and enforce a strong national policy for the control of illegal drugs. ADOPTED by the Eden Prairie City Council this 15th day of August, 1989. Mayor Gary D. Peterson SEAL John D. Frane, City Clerk nen MARK KILROY Founownon P.O. Box 777 Santa Fe, Texas 77517 409 -925 -7771 July 24. 1989 Dear Honorable Mayor and City Council Members: The tragic death of our son. Mark, and the deaths of fourteen other men w h o w e r e f o u n d buried in Matamoros. Mexico, has focused the attention of the entire wor l d o n t h e d r u g crisis that faces our nation. If we are to survive, we must aggressively att a c k t h e e n e m y that is destroying us from within. On September 5, the new national drug policy will be announced. The dec i s i o n s t h a t w i l l be made in formulating this new policy are the some of the most critical d e c i s i o n s e v e r t o be made in the history of our country. We believe that only through a unit e d o u t c r y f r o m the people of this country will the message that "we have had enough" be d e l i v e r e d t o o u r leaders. We are asking that the Mayors and City Councils in each city and town in the U n i t e d S t a t e s adopt a resolution in support of a strong national drug policy. Send t h e r e s o l u t i o n immediately to: William J. Bennett, Director of National Drug Control Policy Executive Office of the President Washington. DC 20500 Illegal drugs are everywhere—big cities, small towns, the countryside. It is out of control. As the leader of your city, please create a great awareness among your c i t i z e n s o f t h e urgency and the need for their participation in a demand for a great chan g e . F o r t h e i r own safety and future, urge the people to also write letters of support to Mr. B e n n e t t . Many of our young people use illegal drugs casually, thinking that they wil l n o t b e c o m e addicted. Their attitude toward drugs is positive and the possibility of addicti o n i s n o t t h e i r concern. We must get the "social users" to quit NOW before they become addicted. With every addict, there are many innocent victims among the grieving families an d f r i e n d s . The prevailing attitude is that the present generation is lost and that educat i o n o f t h e next generation is the answer. Education will not work if we allow this casual attitude toward drugs to continue. The kids will not believe us. The high school dropout r a t e i n T e x a s i s 35% and most dropouts are regular drug users. What is the dropout rate i n y o u r s t a t e ? Drug rehabilitation success is less than 20%. One generation of many drug a d d i c t s a s s u r e s the decline and fall of this nation. The support of your City will have great impact. We plead with you to h e l p u n i t e t h e people of your community and of our country. Only when the peop l e o f A m e r i c a collectively demand a change will a strong drug policy be announced. Un i t e d w e w i l l b e able to start controlling the great drug evil and its countless tragedies. Respectfully. ;/ 0104/ %Alia/0J m and Helen Kilroy lqqq4 M.A.R.I. Mate A Respeatitle reausitarat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-180 AMENDMENT TO THE COOPERATIVE CONSTRUCTION AGREEMENT TRUNK HIGHWAY 169 BETWEEN PRAIRIE CENTER DRIVE AND CSAH 1 WHEREAS, the Minnesota Department of Transportation has prepared final plans and specifications for the construction of TH 169 between Prairie Center Drive and CSAH 1; WHEREAS, the City of Eden Prairie has approved said plans and specifications for the improvement of TH 169; WHEREAS, a Supplement No. 1 to Cooperative Construction Agreement No. 65705 has been prepared which identifies the revised cost participation and contract unit prices for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Supplement No. 1 to Cooperative Construction Agreement No. 65705 for S.P. 2744-43 (T.H. 169=5) is hereby approved subject to conveyance of right-of-way for Aztec Drive, within 12 months after completion of the project; BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on August 15, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk OoO -MEMORANDUM- TO: Mayor Peterson and City Council Members FROM: Rodney W. Rue, P.E.fl.t.; Design Engineer THROUGH: Eugene A. Dietz, Director of Public Works DATE: August 10, 1989 RE: Amendment to the Cooperative Construction Agreement for TH-169 On May 16, 1989, the Eden Prairie City Council approved the Coope r a t i v e Construction Agreement No. 65705 for improvements to Trunk Highwa y 1 6 9 between Prairie Center Drive and CSAH 1. The Staff reviewed the Agreement and indicated to the State some minor language changes. Therefore, Resolution No. 89-109 indicates approval of the Agreement as amended. As part of the review, the Staff requested the State to review their p o l i c y regarding the cost participation for the free right-turn lanes at t h e intersection of Anderson Lakes Parkway and TH-169. The State has r e v i e w e d their policy and will now participate in a larger share of the cost f o r t h e free right-turn lane construction. Consequently, the State drafted a Supplement No. 1 to Cooperative Construction Agreement No. 65705 regarding the revised cost partic i p a t i o n . Therefore, Resolution No. 89-180 will approve Supplement No. 1 to A g r e e m e n t No. 65705 subject to conveyance of right-of-way for Aztec Drive wi t h i n 1 2 months after completion of the project. RWR:ssa DESIGN STATE OF MINNESOTA AMENDMENT TO DEPARTMENT OF TRANSPORTATION AGREEMENT NO. AGREEMENT 65705 SUPPLEMENT NO. 1 S.P. 2744-43 (T.H. 169=5) State Funds Supplement No. 1 to Agreement No. 65705 between The State of Minnesota Department of Transportation, and The City of Eden Prairie Re: City cost watermain, storm sewer and bituminous walk construction by the State on T.H. 169 in Eden Prairie AMOUNT ENCUMBERED None) ESTIMATED AMOUNT RECEIVABLE $131,065.53 THIS SUPPLEMENTAL AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". WITNESSETH: WHEREAS the State and the City did enter into an agreement dated June 6, 1989, and designated as Agreement No. 65705 providing, in part, for participation by the City in the costs of the free right turn lane construction at the intersection of Anderson Lakes Parkway and Trunk Highway No. 169 to be performed under State Project No. 2744-43 (P.M. 169=5); and -1- ZOA ,4A6L- 65705-1 WHEREAS, at the request of the City, the State has reviewed its directives regarding the division of cost in cooperative construction projects with municipalities, and has determined that it is necessary to delete said participation by the City in the costs of said free right turn lane construction from Agreement No. 65705 dated June 6, 1989; and WHEREAS since Agreement No. 65705 dated June 6, 1989, was fully executed, the State has awarded the construction contract to Glenwood Bridge, Inc., the low bidder, and it is now possible to base the attached construction cost estimate form on contract unit prices; and WHEREAS the State and the City desire that Agreement No. 65705 dated June 6, 1989, be Supplemented so that the agreement deletes the City cost participation for the free right turn lanes at the intersection of Anderson Lakes Parkway and Trunk Highway No. 169, and the attached construction cost estimate form is based on the awarded contract unit prices. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: -2- gCO3 65705-1 ARTICLE I - AMENDMENT OF ARTICLE II OF AGREEMENT NO. 65705 Section A. Amendment of Section A., Paragraph Three Article II, Section A., paragraph three of Agreement No. 65705 dated June 6, 1989, is hereby amended and modified to read as follows: Attached hereto, made a part hereof by reference and marked 'SCHEDULE 'I - Revised for Supplement No..1 to Agreement No. 65705", is a construction cost estimate form which lists all of the anticipated City cost participation construction items to be performed hereunder and is based on the low bid unit prices of Glenwood Bridge, Inc. Section B. Amendment of Section A. "CITY COST PARTICIPATION CONSTRUCTION" Article II, Section A., "CITY COST PARTICIPATION CONSTRUCTION" of Agreement No. 65705 dated June 6, 1989, is hereby amended and modified to read as follows: CITY COST PARTICIPATION CONSTRUCTION All of the following construction to be performed upon, along and adjacent to Trunk Highway No. 169 from Engineer Station 257+50 (1030 feet south of County State Aid Highway No. 1) to Engineer Station 412+52 (Trunk Highway No. 494) within the corporate City limits under State Project No. 2744-43 (T.H. 169=5). Said -3- 40' 65705-1 construction to include the City's proportionate share of item costs for mobilization, field office, field laboratory, maintenance and restoration of haul roads and traffic control. 100 PERCENT All of the watermain construction as described and tabulated on Sheet No. 2 of the attached SCHEDULE "I". 78.5 PERCENT The 15-inch storm sewer pipe from manhole No. 5120 to catch basin No. 5117 and to manhole No. 5116, the 36-inch storm sewer pipe from manhole No. 5116 to catch basin No. 5115, and the 42-inch storm sewer pipe from catch basin No. 5115 to No. 5113 to No. 5111 to manhole No. 5109 and to apron outlet No. 5127, together with catch basins No. 5111, No. 5113, and No. 5115 and their casting assemblies, manholes No. 5109, No. 5116 and No. 5120 and their casting assemblies, and apron No. 5127 as described and tabulated on Sheet No. 3 of the attached SCHEDULE "I". 70.8 PERCENT The 27-inch storm sewer pipe from the inplace storm sewer to catch basin No. 5315, to No. 5316, to manhole No. 5301, to No. 5302, to catch basin No. 5303 and to apron outlet No. 5304, -4- aoos 65705-1 together with catch basins No. 5303, No. 5315 and No. 5316 and their casting assemblies, manholes No. 5301 and No. 5302 and their casting assemblies, and safety apron and grate No. 5304 as described and tabulated on Sheet No. 4 of the attached SCHEDULE 40 PERCENT All of the bituminous walk construction as described and tabulated on Sheet No. 5 of the attached SCHEDULE I. 24.0 PERCENT The 18-inch storm sewer pipe from manhole No. 5219 to No. 5212 to No. 5220 and to apron outlet No. 5222, together with manholes No. 5212, No. 5219 and No. 5220 and their casting assemblies, and apron No. 5222 as described and tabulated on Sheet No. 6 of the attached SCHEDULE "I". ARTICLE II - PAYMENT BY THE CITY Article III, Section A. of Agreement No. 65705 dated June 6, 1989, is hereby amended and modified to read as follows: -5- 65705-1 Section A. Estimate and Advancement of the City's Cost S h a r e It is estimated, for accounting purposes, that the Cit y ' s s h a r e of the costs of the construction work to be performed b y t h e State hereunder which includes the City's share of the p r o r a t e d item costs plus the 8 percent construction engineering c o s t s h a r e is the sum of $131,065.53 as shown in the attached Revi s e d SCHEDULE "I". Said Revised SCHEDULE "I" was prepared u s i n g contract unit prices. The City agrees to advance to t h e Commissioner of Transportation the sum of $131,065.53 a s s h o w n i n said Revised SCHEDULE "I" forthwith upon execution of t h i s agreement and upon receipt of a request from the State f o r s u c h advancement of funds. ARTICLE III - AGREEMENT NO. 65705 Except as amended and modified herein, all of the term s a n d conditions set forth in Agreement No. 65705 dated June 6 , 1 9 8 9 , shall remain in full force and effect. ARTICLE IV - APPROVAL Before this supplemental agreement shall become bindin g a n d effective, it shall be approved by resolution of the Ci t y C o u n c i l of the City and shall also receive the approval of such S t a t e officers as the law may provide in addition to the Com m i s s i o n e r of Transportation or his duly authorized representative . -6- t.2007 65705-1 IN TESTIMONY WHEREOF the parties hav e d u l y e x e c u t e d t h i s a g r e e m e n t b y their duly authorized officers and ca u s e d t h e i r r e s p e c t i v e s e a l s t o b e hereunto affixed. ' (City Seal) CITY OF EDEN PRAIRIE By Date By City Administrator DEPARTMENT OF TRANSPORTATION Recommended for approval: Date STATE OF MINNESOTA By Mayor By 44644/ Oh Director - Agreement ' Services Section Date Deputy Commissioner of Transportation (Date of Agreement) By District Engineer Approved: By Department of Administration Deputy Division Director Technical Services Division By Approved as to form and execution: (Authorized Signature) Date By Special Assistant Attorney General SCHEDULE "I" Revised for Supplement No. 1 To Agreement No. 65705 City of Eden Prairie Date: April 28, 1989 S.P. 2744-43 (T.H. 169=5) State Funds Revised: July 10, 1989 watermain, Storm Sewer and Bituminous Walk construction performed under State Contract No. 020813 with Glenwood Bridge, Inc. located on T.H. 169 from 1030 ft. south of C.S.A.H. 1 to T.H. 494 in Eden Prairie CITY COST PARTICIPATION Form Sheet No. 2 $ 39,805.01 From Sheet No. 3 52,168.77 From Sheet No. 4 24,725.49 From Sheet No. 5 2,516.30 From Sheet flo. 6 2,141.40 Subtotal $121,356.97 Construction Engineering (8%) 9,708.56 Total $134065.53 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-181 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 1989 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvement s a n d the total project cost, including expenses incurred, or to be incurre d a n d the City's share, exclusive of that assignable to City Property, are e s t a b - lished as shown on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E D E N PRAIRIE: I. The cost of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in the office of the Deputy Clerk for public inspection. 3. A hearing shall be held on the 12th day of September, 1989, in the Eden Prairie City Hall, 7600 Executive Drive, at 7:30 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. He shall also cause mailed notice to be given to the owner of record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on August 15, 1989. Gary D. Petersion, Mayor ATTEST: SEAL John D. Frane, Clerk ZJO EXHIBIT A 1989 SPECIAL ASSESSMENTS PROJECT TOTAL COST CITY FUNDS AMOUNT TO BE ASSESSED 1. I.C. 52-102 Storm Sewer and Street Improvements in $233,311.00 10,898.00 222,413.00 Hidden Glen 3rd Addition. 2. I.C. 52-110 Street Improvements on Golden Triangle $ 74,180.00 -0- 74,180.00 Drive south of West 74th Street. 3. I.C. 52-129 Watermain, Sanitary Sewer, Storm Sewer $252,516.00 -0- 252,516.00 and Street Improvements in the Wyndham Crest Addition 4. I.C. 52-131 Storm Sewer and Street Improvements on $340,025.00 -0- 340,025.00 Hamilton Road. 5. I.C. 52-132 Sanitary Sewer, Storm Sewer, Watermain $350,152.00 11,079.00 339,073.00 and Street Improvements on Franlo Road from Prairie Center Drive to Grier Lane PAGE 2 OF 2 EXHIBIT A - 1989 SPECIAL ASSESSMENTS PROJECT 6. I.C. 52-133 TOTAL COST CITY FUNDS AMOUNT TO BE ASSESSED Storm Sewer, Watermain and Sanitary $155,036.00 -0- 155,036.00 Sewer in the Legion Park Plat. 7. I.C. 52-147 Watermain Improvement along County Road 4 and County Road 1 east of Cedar Ridge Estates and west of Staring Lake II. 8. I.C. 52-149 Watermain Improvements along Co. Rd. 1 west of Staring Lake Parkway and east of Staring Lake II. $530,886.00 $ 92,969.00 283,961.00 61,367.00 246,925.00 31,602.00 9. SUPPLEMENTALS Trunk Sewer and Water Subtrunks Lateral Water Lateral Sewer Lateral Exclusion Street Improvements SAC-WAC Connection Fee Weed Removal Bikepath Co. Rd. 4 Special Assessment Agreement $970,776.00 2,253.00 2,960.00 6,503.00 3,938.00 25,405.00 51,570.00 21,093.00 1,488.00 2,598.00 12,272.00 -MEMORANDUM- TO: Mayor Peterson and Council Members FROM: Alan Gray, P.E. City Engineer DATE: August 10, 1989 RE: Ridgewood West 6th Addition Several years ago Centex Corporation developed at residential s u b d i v i s i o n known as Ridgewood West. This subdivision was approved prior to the determination of the final alignment for Anderson Lakes Park w a y . A small triangular--shaped parcel designated Outlot B was created in t h e n o r t h e a s t corner of the Ridgewood West plat and conveyed to the City of E d e n P r a i r i e a s potential right-of-way for Anderson Lakes Parkway. The fina l a l i g n m e n t f o r Anderson Lakes Parkway was subsequently determined and establi s h e d n o r t h e r l y of this location and Outlot B was not used for right-of-way pu r p o s e s . Centex Corporation is now reconfiguring the northeasterly c o r n e r o f t h e Ridgewood West area as a single family residential subdi v i s i o n t i t l e d Ridgewood West 6th Addition. The attached drawing shows th e l o c a t i o n o f Outlot 8, Ridgewood West in relation to the right-of-way for A n d e r s o n L a k e s Parkway and Cumberland Road. Outlot B falls within the rear ya r d a r e a o f L o t 23, Block 1, Ridgewood West 6th Addition and is not contiguous t o e i t h e r t h e right-of-way for Anderson Lakes Parkway or Cumberland Road. Ce n t e x h a s a s k e d that the City of Eden Prairie reconvey Outlot 8, Ridgewood West f o r i n c l u s i o n in proposed Lot 23, Block 1, Ridgewood West 6th Addition. As consideration for the reconveyance of Outlot B, Ridgewood We s t , C e n t e x h a s agreed to provide additional road easement over Lots 1, 2 and 3 , B l o c k 8 a n d Lot 25, Block 4, Fairfield to accommodate future improveme n t s t o C S A H 4 planned by Hennepin County. This will reduce future right-of-wa y a c q u i s i t i o n cost for CSAH 4 improvements which are shared 50-50 by the Count y a n d C i t y . Outlot B, Ridgewood West has no residual value to the City fo r r o a d w a y o r utility purposes. In consideration of the easements granted b y t h e C e n t e x for future CSAH 4 improvements, it is recommended that Outlot B , R i d g e w o o d West be conveyed to Centex for incorporation into Lot 23, Block 1 , R i d g e w o o d West 6th Addition. ADG:ssa go /3 VIN•1,11WMI•2•11111C L L L. s. I g fr4 s N c!..% NE Co,. of the NW 1/4, Sec. 22., rep. 116. Roe. 2E. (H•nnepin Count y Monument).— "••• I\\ I 6%1.10 1r.t.ei 11)\- • 1.).n • Pi) r•-• •••.:‘,V cz. I / /. .,:••• ,. ...;-; ..., 0 ,/ .. / / / • 0.. e: ...:-. cr -- ..../ / / ., • ' n, t . •••• ' I , , N.. 4.• 25 1 .., 1 / 4. l it.. 1 ./...------- ' 1 •3 • -..;-.. -:-. — -1 ''';'1 ir'•• L. / / / * ' / ' MEMORANDUM TO: Mayor and City Council FROM: David Lindahl, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: July 25, 1989 RE: RESOLUTION AUTHORIZING EXECUTION OF CDBG SUBRECIPIENT AGREEMENTS All Cities participating in the Urban Hennepin County Communi t y Development Block Grant program (CDBG) are now required to sign subrecipient agreements annually for each program activity. T h e agreement spells out detailed implementation processes which mu s t be followed relative to each authorized activity. The CDB G implementation requirements have not changed, but the method i n securing compliance to these requirements have. Hennepin County cannot disburse any Year XV funds until t h e agreements are signed by both the County, the recipient, and the City of Eden Prairie, the subrecipient. Third—party agreements a r e required between the City and public service agencies (H.O.M.E. a n d G.M.D.C.A.) receiving CDBG funds. Both the subrecipient and third party agreements have been revi e w e d and found acceptable by the City Attorney. The attached resolution authorizes execution of the subrecipi e n t agreements for each Year XV activity by the Mayor and City Manager. Please approve the attached resolution for proper execution of t h e subrecipient agreements. A0 16- Community Development Block Grant Program Year XV , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-167 A RESOLUTION AUTHORIZING THE EXECUTION OF NEW SUBRECIPIENT AGREEMENTS FOR EACH PROGRAM ACTIVITY BETWEEN THE CITY OF EDEN PRAIRIE AND HENNEPIN COUNTY FOR THE CITY'S CONTINUED PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the City of Eden Prairie, Minnesota, and the County of Hennepin are required by the Department of Housing and Urban Development to execute subrecipient agreements, County Contract No. 90707, for all Year XV Community Development Block Grant activities for the purpose of assuring compliance with all COBB implementation processes; and, WHEREAS, the City of Eden Prairie, Minnesota, and the Greater Minneapolis Day Care Association and South Hennepin Human Service Council, both public service agencies receiving funds from the Year XV allocation, are required by the Department of Housing and Urban Development to execute third party agreements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: That new subrecipient agreements between the City and the County, County Contract No. 90707, be executed for all Year XV COBB activities, effective August 15, 1989, and that new third party agreements between the City and Greater Minneapolis Day Care Association and South Hennepin Human Service Council be executed effective August 15, 1989, and that the Mayor and City Clerk be authorized to sign the agreements on behalf of the City. ADOPTED by the City Council on August 15, 1989. Gary D. Peterson, Mayor ATTEST: TOhn D. Frane, City Clerk MEMO TO: City Council FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: August 10, 1989 SUBJECT: Time Extension Developer's Agreement Prairie Courts Retail Project Prairie Courts is a 34,000 square foot strip mall located in the northeast quadrant of the intersection of Highway #5 and County Road 04 north of the Bank of Eden Prairie. This project was approved by the City Council in September of 1986. On August 9, 1988, the developer applied for and received an extension of the Developer's Agreement to August 5, 1989. Dennis Gonyea is requesting an 18-month time extension of the Developer's Agreement, since the developer of the shopping center was unable to obtain construction financing. The lending institution was unwilling to give construction financing because of the ongoing highway construction for Highways #4 and #5 which will not be completed until the fall of 1990. If the City Council chooses to grant an extension of the Developer's Agreement, Staff would suggest the following as conditions of the approval: 1. Architecture: The approved building design is a flat roof with a paraphet wall to screen mechanical unit from the adjoining single family homes to the north. While this was an acceptable practice in 1986, the City has approved three other strip malls adjacent to residential areas which have pitched roof and mechanical equipment is inside of the building. This provides a better look and better transition to single family homes. The Staff would suggest that the future developerr. for the Prairie Courts Center revise architectural plans to contain mechanical equipment inside of the building and use a pitched roof. 2. County Road 44/Highway /5 Improvements: The existing Developer's Agreement indicates that prior to the issuance of a building permit on the property, the developer would submit a letter of credit to the City in an amount equal to one-half the cost of road improvements to the County Road Highway #5 intersection which included split signal phasing, signal timing, instruction of right turn lanes on north and south approaches to County Road #4, and construction of a right turn lane on Wagner Way. Once these improvements were completed by the Minnesota Department of Tranportation, the developer would reimburse the City for one-half of the total cost incurred, upon which the City would release the letter of credit. However, since at this point It is unlikely that a building permit will be issued prior to the improvements, the City at this time must pay for the cost of the improvements up front to be reimbursed later by the developer. The Engineering Department would recommend that a special assessment agreement be entered into with the City with assessments to start in September of 1990. •Pl•N STROH° TULLY 'ORO W CROUCH W..1-11407014 1,008-1080, LAW orr n ces or STRONG,TULLY, TULLY 6. CROUCH, LTD. 800 AIORWEST MIDLAND BUILDING MINNEAPOLIS. MINNESOTA 55401 August 8, 1989 TELEPHONE 333-0911 •AUG 9 1989 City of Eden Prairie Carl Jullie, City Manager 7600 Executive Drive Eden Prairie, MN 55344 RE: OUTLOT A, GONYEA'S 4TH ADDITION My Client: DENNIS D. GONYEA Dear Mr. Jullie: This letter is being sent as a formal request by my client, Dennis D. Gonyea to the City of Eden Prairie for an eighteen-month extension of the Developer's Agreement (dated September 6, 1986) between Dennis and the City. Mr. Gonyea has indicated to me that his contract vendee lost its proposed construction financing for the project. Mr. Gonyea was informed that one of the reasons given by the proposed lender was the ongoing highway construction for highway No. 5. We understand that this project will be completed by the Fall of 1990 and is the reason why we are requesting this 18- month extension rather than a one-year extension. Dennis and the current vendee are also working with two other developers at this time in order to get this project constructed. Your consi3eration is appreciated. Your very truly, / Ralph H. Tully /cf STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: - July 21, 1989 PROJECT: Outlot A, Crestwood '89 LOCATION: - Northeast Quadrant of Dell Drive, Crestwood Terrace APPLICANT: Alex Dorenkemper and Richard Wilson REQUEST: 1. Rezoning of .84 acres from Rural to R1-22. 2. Preliminary Plat of 2.17 acres into 2 lots. Background This project was previously reviewed by ` the Planning Commission at the May 8, 1989 /' meeting as a 3 lot subdivision. This ! i request was denied by the Planning' reasons: ,7 Commission and the City Council for the , 7/...`;;,,•:---------:.-i ,... e -"" 1. The proposed subdivision \.)4 ..! s /.. 2. The R1-22 Zoning District requires sewer and water which would not be available until the year 2000. 3. The proposed subdivision did not meet Rural zoning requirements. 1 4. The proposed subdivision did not meet the R1-22 sideyard setback of 15'. outside of the MUSA line. 4—PROPOSED SITE 5. Adequate access could not b provided to all lots. Zoning A zoning change is requested from Rural to ' R1-22 for proposed Lot 1. Proposed Lot 2 would remain zoned Rural. The R1-22 ' Zoning District has a minimum lot size of 22,000 square feet, minimum frontage of 90 AREA LOCATION MAP feet, minimum depth of 1(: feet, and a minimum width of (..) feet. Proposed Lot 1 meets the minimum requirements for the R1-22 District. The R1-22 Zoning District setback requirements are a 30 foot front yard, a 15 foot sideyard (combined sideyard of 30 feet), and a rear yard setback of 25 feet. Proposed Lot 1 will require a variance from 15 feet to 10 feet for the existing house on proposed Lot 1. The proponent has indicated to Staff that the sideyard setback should be 10 feet since the garage is an accessory structure. If the garage was a detached building, the Code would require a minimum setback of 10 feet. However, since the garage is attached to the house, the setback requirement is 15 feet. The proponent may apply for a setback variance from 15 feet to 10 feet or ask for an interpretation of the City Code if an attached garage is an accessory structure. Proposed Lot 2 would remain in the Rural Zoning District and would require variances for lot size, lot frontage, and lot depth. The R1-22 Zoning District requires public sewer and water. The existing house is served by a septic tank system. Proposed Lot 2 will remain in rural zoning and no building permit will be issued until sewer and water is extended. The owner of the property will be required to prepare a land hold agreement which stipulates that no building can occur on this lot until sewer and water is extended. Access Proposed Lot 1 would have access off an existing road. Grading No grading will be required for this project since no building permit will be issued for the second lot. Conclusion Although the proposed subdivision is outside of the MUSA line, approval of the rezoning for Lot 1 only, and subdivision into two lots, subject to a land hold agreement would not result in any additional buildings in the rural area before sewer and water could be extended. The rezoning and subdivision would be to accommodate an existing house and clear a title problem between the Wilsons and the Dorenkempers which would allow for the sale of the house. Staff Recommendation The Planning Staff would recommend approval of the request for rezoning for proposed Lot 1 and subdivision of 2.17 acres into two lots based on plans dated July 21, 1989, subject to the recommendations of the Staff Report dated July 21, 1989, and subject to the following conditions: 1. Rezoning from Rural to R1-22 is for proposed Lot 1 only. 2. Apply for and receive Board of Appeals variances for the side lot line setback in the R1-22 Zoning District. 3. Apply for and receive Board of Appeals variances for the proposed Lot 2 in the Rural Zoning District. 4. The developer shall enter into a land hold agreement which stipulates that no building permit will be issued for proposed Lot 2 until public sewer and water is extended to serve the property. goa0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION /189-177 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CRESTWO O D ' 8 9 F O R ALEX DORENKEMPER BE IT RESOLVED, by the Eden Prairie City Council as f o l l o w s : That the preliminary plat of Crestwood '89 for Al e x D o r e n k e m p e r , d a t e d A p r i l 2 5 , 1989, consisting of 2.17 acres into two lots, a copy o f w h i c h i s o n f i l e a t t h e C i t y Hall, is found to be in conformance with the provi s i o n s o f t h e E d e n P r a i r i e Z o n i n g and Platting ordinances, and amendments thereto, and i s h e r e i n a p p r o v e d . ADOPTED by the Eden Prairie City Council on the 15th d a y o f A u g u s t , 1 9 8 9 . Gary D. Peterson, Mayor ATTEST: John D. Frane, City Cletl: Aoa • AUGUST 15.1989 52937 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 542.85 52938 CREATIVE RIVER TOURS SENIOR TRIP ON MN RIVER/FEES PAID 40.00 APPLE RIVER CAMPGROUND SPECIAL EVENTS/FEES PAID 209.00 t, 40 NORTHERN STATES POWER CO SERVICE 17649.60 52941 NORTHERN STATES POWER COMPANY SERVICE 13357.96 52942 U S WEST CELLULAR INC SERVICE 429.50 52943 U S WEST COMMUNICATIONS SERVICE 236.76 52944 COMMISSIONER OF REVENUE PAYROLL 7/21/89 11899.13 52945 FIRST BANK EDEN PRAIRIE PAYROLL 7/21/89 57725.55 52946 BIRTCHER WELSH AUGUST 89 RENT-CITY HALL 19880.79 52947 TOM ALLEN -ENTERTAINMENT-SUNDAY VARIETY IN THE PARK- 60.00 HISTORICAL & CULTURAL COMMISSION 52948 LIVE THEATRE ENTERTAINMENT NETWOR -ENTERTAINMENT-SUNDAY VARIETY IN THE PARK- 150.00 HISTORICAL & CULTURAL COMMISSION 52949 DEBBIE BANDHOLZ REFUND-SWIMMING LESSONS 10.00 52950 ELNOR BETHKE REFUND-DEFENSIVE DRIVING LESSONS 7.00 52951 SUE DAMLO REFUND-T-BALL LEAGUE 13.00 52952 SHARON DALY REFUND-PRESCHOOL PLAYGROUND 19.00 52953 DON & MARY JO EAKLE REFUND-GOLF LESSONS 70.00 52954 MARY JOHNSON REFUND-SWIMMING LESSONS 43.00 52955 RYAN JONES REFUND-SWIMMING LESSONS 17.00 52956 HELEN JUBERT REFUND-TWINS DAY 7.00 52957 CATHERINE KELLY REFUND-SWIMMING LESSONS 19.00 52958 GRETCHEN LAUBACH REFUND-SWIMMING LESSONS 15.00 52959 SALLY NATTKE REFUND-TWINS DAY 14.00 52960 ROY MOELLER REFUND-SWIMMING LESSONS 22.00 52961 TRACEY ORR REFUND-GOLF LESSONS 32.00 52962 GALE REINA REFUND-TWINS DAY 7.00 S3 ROBERT STOFFERAHN REFUND-DAY CAMP 45.00 ,64 DIANE VAN EYLE REFUND-SWIMMING LESSONS 54.00 52965 MINNEGASCO SERVICE 705.36 52966 AT&T SERVICE 200.73 52967 HOPKINS POSTMASTER POSTAGE-CITY HALL 5000.00 52968 YELLOW FREIGHT POSTAGE-PARTIAL MOTOR-WATER DEPT 91.19 52969 BETTY WALTON CONFERENCE-HUMAN RESOURCES 26.00 52970 USPCA REGION 12 K-9 TRIALS CONFERENCE-POLICE DEPT 35.00 52971 SOUTH HENNEPIN HUMAN SERVICES COU CONFERENCE-HUMAN RESOURCES 10.00 52972 DERRICK COMPANIES ENGINEERING CREDITS-HIDDEN GLEN 1ST & 2ND 18151.66 52973 AT&T SERVICE 29.00 52974 MINNEGASCO SERVICE 1333.66 52975 NORTHERN STATES POWER CO SERVICE 6144.96 52976 CITY-COUNTY CREDIT UNION PAYROLL 7/21/89 1463.00 52977 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 186.00 52978 EXECUTIVE DIRECTOR-PERA PAYROLL 7/21/89 27839.26 52979 GREAT WEST LIFE ASSURANCE CO PAYROLL 7/21/89 4361.00 52980 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 194.76 52981 ICMA RETIREMENT CORPORATION PAYROLL 7/21/89 1468.92 52982 MEDCENTERS HEALTH PLAN INC AUGUST 89 HEALTH INSURANCE PREMIUM 14425.90 52983 MN TEAMSTERS CREDIT UNION PAYROLL 7/21/89 25.00 52984 NORWFST BANK HOPKINS PAYROLL 7/7/89 & 7/21/89 1000.00,- 52995 PHYSICIANS HEALTH PLAN AUGUST 89 HEALTH INSURANCE PREMIUM 25912.76' 52986 UNITED WAY PAYROLL 7/21/89 246.50 52987 EAGLE WINE CO WINE 1728.18 5'9 88 GRIGGS COOPER & CO INC LIQUOR 9583.08 19 JOHNSON BROS WHOLESALE LIQUOR LIQUOR 5135.83 24787289 9,09. AUGUST 15.1989 MARK VII DISTRIBUTING COMPANY ED PHILLIPS & SONS CO PRIOR WINE CO QUALITY WINE CO JASON-NORTHCO PROP LPill WESTERN ROOFING KILLMER ELECTRIC CO INC CAROL BUCK SANDRA BUSSEY GERTRUDE CHERRY VICKI CIOCHETTO DREW DALE CHERYL ERWIN SHELLEY GOODALL DEBBIE HANSON CARI JOHANSEN SCOTT KOEBELE MARY KUHL JOYCE KUYAVA SCOTT LARSON WILLIAM & HELEN LOEBL MARY MATASOVSKY JANICE MOONEY KAY MURPHY PATRICIA NASH NEW HORIZON CHILD CARE KATHY NORDAHL PATRICIA O'CONNELL ERIC OLSON GREG OLSON MARY O'TOOLE RAINBOW FOODS PAMELA ROHLER CHFRICE ROLFSRUD MAlT SCHERER JESS SCHWARTZ KATHY SCHWEBACH KATHY SCOTT 52990 52991 ,F^q92 93 5z994 52995 52996 53010 53011 53012 530130 F '4 .5 53016 53017 53018 53019 53020 53021 53022 53023 53024 53025 53026 53027 53028 53029 53030 53031 53032 53033 53034 53035 53036 53037 53038 53A19 5 , WINE LIQUOR WINE WINE AUGUST 89 RENT-LIQUOR STORE ROOF SHINGLES-PARK MAINTENANCE -REMOVE & REPLACE CONCRETE ITREET LIGHT POLE-STREET DEPT ADVERTISING-LIQUOR STORES FLAG REPAIR-POLICE DEPT DICTAPHONE-PLANNING DEPT -WATER APPROPRIATION PERMIT-FRANLO PARK IRRIGATION SERVICE -ROOF/GUTTERS-HOUSING REHABILITATION PROGRAM XEROX PAPER-CITY HALL SERVICE REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-TWINS DAY REFUND-SAILING LESSONS -REFUND-APPLE RIVER TRIP/EVERYBODY'S BIRTHDAY PARTY REFUND-RACQUETBALL LESSONS/TWINS DAY REFUND-TENNIS LESSONS REFUND-TWINS DAY REFUND-GOLF LESSONS REFUND-TWINS DAY REFUND-SWIMMING LESSONS REFUND-RACQUETBALL LESSONS REFUND-GOLF LESSONS REFUND-APPLE RIVER TRIP REFUND-TWINS DAY REFUND-TWINS DAY REFUND-SPORTS CAMP REFUND-SAILING LESSONS REFUND-BERNE SWISSFEST REFUND-TWINS DAY REFUND-GOLF LESSONS REFUND-COMPREHENSIVE GUIDE PLAN DEPOSIT REFUND-BASIC RESCUE CLASS REFUND-DAYCARE SWIMMING LESSONS REFUND-TENNIS LESSONS REFUND-TWINS DAY REFUND-TWINS DAY REFUND-TWINS DAY REFUND-PRESCHOOL PLAYGROUND REFUND-ROUND LAKE PAVILION RENTAL REFUND-RACQUETBALL LESSONS REFUND-TWINS DAY REFUND-TWINS DAY REFUND-SUMMER SPORTS CAMP REFUND-TWINS DAY REFUND-MEMBERSHIP FEE 42.50 7844.86 728.28 3651.02 6141.94 64.50 590.02 439.20 16.73 229.43 75.00 37.35 3945.00 293.02 9895.83 14.50 17.00 7.00 14.00 29.00 19.00 26.00 7.00 32.00 7.00 17.00 12.00 32.00 9.00 7.00 14.00 35.40 8.00 20.00 7.00 30.00 50.00 30.00 12.00 16.00 21.00 7.00 7.00 19.00 50.00 24.00 7.00 7.00 28.80 14.00 53.00 52997 MN SUBURBAN PUBLICATIONS 52998 VAUGHN DISPLAY 52999 ECONOMY SYSTEMS INC 53000 MN DEPT OF NATURAL RESOURCES 53001 AT&T CONSUMER PRODUCTS DIV 53002 BOB AND SON'S ROOFING 53003 BUTLER PAPER COMPANY 53004 NORTHERN STATES POWER COMPANY 53005 LAUREN ABEL 53006 JANET BAILEY 53007 JAMEL DIES 53008 BECKY BROWN 53009 DEBORAH BOWERS 3470438 RC) AUGUST 15.1989 53041 KRISTIN SIMONET 53042 SUSAN SORENSON "43 JO ANN SYVERSON 44 JON R WAGNER 53045 RITA WARD 53046 ANDY WHITE 53047 TYLER YOUNG 53048 LILL1 PUTT 53049 BOUSTEAD ELECTRIC & MFG CO 53050 HOPKINS POSTMASTER 53051 SUPPLEE'S 7 HI ENTER INC 53052 DEPARTMENT OF FINANCE 53053 DEPARTMENT OF FINANCE 53054 EAGLE WINE CO 53055 JOHNSON BROS WHOLESALE LIQUOR 53056 PAUSTIS & SONS CO 53057 ED PHILLIPS & SONS CO 53058 PRIOR WINE CO 53059 DUALITY WINE CO 53060 GRIGGS COOPER & CO INC 53061 MPELRA 53062 NORTHLAND ELECTRIC SUPPLY COMPANY 53063 BROWN & CRIS INC 53064 KILLMER ELECTRIC COMPANY ,5 RICHARD KNUTSON INC NORTHDALE CONSTRUCTION CO 53067 A TO 1 RENTAL CENTER 53068 ACRO-MINNESOTA INC 53069 ADMIRAL WASTE MANAGEMENT INC 53070 AIM ELECTRONICS INC 53071 ADT SECURITY SYSTEMS 53072 AIRLIFT DOORS INC 53073 AIRSIGNAL INC 53074 ALEXANDER BATTERY NORTH 53075 AMERICAN LINEN SUPPLY CO 53076 AMERICAN NATIONAL BANK 53077 AMERICAN PLANNING ASSOCIATION 53078 AMERICAN RED CROSS 53079 ANDON INC 53080 AQUA ENGINEERING INC 53081 ARBUCKLE CONSTRUCTION 53082 ARMOR SECURITY INC 53083 ARTSIGN MATERIALS CO 53084 ASTLEFORD INTL INC 34199110 REFUND-TWINS DAY REFUND-TWINS DAY REFUND-SWIMMING LESSONS/EXERCISE CLASS REFUND-SWIMMING LESSONS REFUND-TWINS DAY REFUND-TWINS DAY REFUND-TWINS DAY TEEN VOLUNTEER PROGRAM/FEES PAID PARTIAL MOTOR-WATER DEPT POSTAL PERMIT FEE-HUMAN SERVICES DEPT AUGUST 89 RENT-LIQUOR STORE -APPLICATION DEPOSIT-ALLOCATION FOR BONDING AUTHORITY -APPLICATION DEPOSIT-ALLOCATION FOR BONDING AUTHORITY LIQUOR LIQUOR WINE LIQUOR WINE LIQUOR LIQUOR CONFERENCE-HUMAN RESOURCES ELECTRICAL CONNECTIONS-FIRE DEPT -SERVICE-CITY WEST PARKWAY EXTENSION/ HAMILTON RD ST & STORM SEWER IMPROVEMENTS -SERVICE-PRAIRIE CENTER DRIVE TRAFFIC SIGNALS SERVICE-COUNTY RD #1 & #4 WATERMAIN SERVICE-FRANLO ROAD IMPROVEMENTS EQUIPMENT RENTAL-STREET DEPT OFFICE SUPPLIES-CITY HALL 1500 RECYCLE CONTAINERS-SOLID WASTE MGMT . SCOREBOARD REPAIR-ICE ARENA-COMMUNITY CTR -JULY 89 TO AUGUST 90 SECURITY SYSTEM AGREEMENT-FIRE STATIONS DOOR REPAIR-FIRE STATION/COMMUNITY CENTER PAGER SERVICE-POLICE DEPT BATTERIES-POLICE DEPT -UNIFORMS-SEWER DEPT/STREET DEPT/EQUIPMENT MAINTENANCE/PARK MAINTENANCE BOND PAYMENT BOOKS-PLANNING DEPT -CPR EQUIPMENT RENTAL/BOOKS-POOL LESSONS/ AQUATICS SUPERVISOR -HELIUM TANK/VALVE RENTAL-JULY 4TH CELEBRATION -SPRINKLER HEAD/WIRE CONNECTORS/VALVE/ FITTINGS-PARK MAINTENANCE REFUND-BUILDING PERMIT DEPOSIT REPLACE LOCK-PARK MAINTENANCE OFFICE SUPPLIES-PLANNING DEPT -HOSES/AXLE SHAFT/NUTS/WASHERS/PLUGS/ -MANIFOLD/SUPERCHARGER/GASKETS-EQUIPMENT MAINTENANCE 7.00 14.00 57.00 10.00 7.00 7.00 7.00 41.25 4432.27 60.00 4716.03 5376.58 2521.42 244.47 4331.44 64.68 1401.43 276.32 3668.10 7339.95 95.00 120.12 88807.77 8349.30 41044.47 17082.13 82.85 798.86 7500.00 137.50 625.12 137.50 94.00 89.52 935.36 140112.50 36.30 57.00 171.90 199.63 100.00 103.00 8.85 717.48 aoaq AUGUST 15.1989 53107 COMMERCIAL ASPHALT CO 53108 COMMISSIONER OF REVENUE 53109 COMMUNICATIONS CENTER 53110 COMPUTER PLACE 53111 CONCEPT MICROFILM INC 53112 CONCRETE RAISING INC 53113 CONSTRUCTION MATERIALS INC 53114 CONTACT MOBILE COMMUNICATIONS INC 53115 CAL CORNELIUS 53116 CURTIS INDUSTRIES INC 573117 CUSHMAN MOTOR CO INC 53118 D & K PRINTING PLUS INC 53119 WARD F DAHLBERG 53120 DALCO 53121 SANDRA L DANIELSON 53122 CRAIG W DAWSON 53123 DAVIES WATER EQUIPMENT CO 53124 DECORATIVE DESIGNS 53125 DEL AIR CONDITIONING INC 57126 DEPARTMENT OF LABOR & INDUSTRY CE 5 7 '77 DIAMOND ACCEPTANCE 6292631 PAPER HOLDERS-FACILITIES DEPT SERVICE-DELL ROAD & HERITAGE WATERMAIN SERVICE-CHASE POINT PROJECT SERVICE-CITY HALL/POLICE DEPT SOFTBALL OFFICIAL/FEES PAID PINS-EQUIPMENT MAINTENANCE -SERVICE-RESEARCH & MITCHELL RD STREET -IMPROVEMENTS/HAMILTON RD/COUNTY RD 4 & 1 WATERMAIN -FANS/STAGE VALANCES/FLAGS-RECREATION ADMINISTRATION SOFTBALL OFFICIAL/FEES PAID GRAVEL-STREET MAINTENANCE/PARK MAINTENANCE JUNE 89 WASTE DISPOSAL SOFTBALL OFFICIAL/FEES PAID SERVICE-STARING LAKE PARK SEPTEMBER 89 COPIER RENTAL-FIRE DEPT EMPLOYEE ASSISTANCE-HUMAN RESOURCES DEPT REFUND-VARIANCE APPLICATION -REPLACE TRACTOR CRANKSHAFT SEAL/BEARINGS/ -CLUTCH PACK DRUM & BUSHINGS/DISKS/SEAL RINGS/PISTON-EQUIPMENT MAINTENANCE -WEED CUTTER REPAIR-WATER DEPT/THROTTLE CABLE/AIR CLEANER/SPRING-PARK MAINTENANCE LEGAL ADS-STREET & TRAFFIC SIGNS LAWNCARE-WATER DEPT/SENIOR CENTER SAILING INSTRUCTOR/FEES PAID -FLYWHEEL/HOSE/CLUTCH PACK/BEARINGS/CLAMP/ -CLUTCH/WHEEL BALANCING-FORESTRY DEPT/ EQUIPMENT MAINTENANCE BLACKTOP-STREET MAINTENANCE JULY 89 FUEL TAX CONTROL CABLE-EQUIPMENT MAINTENANCE TONER-POLICE DEPT MICROFILMING-ENGINEERING DEPT CURBING-DRAINAGE CONTROL SILICONE SEAL-FACILITIES DEPT RADIO REPAIR-EQUIPMENT MAINTENANCE SOFTBALL OFFICIAL/FEES PAID -CONNECTIONS/FUSE ADAPTERS/CLIPS/FITTINGS- EQUIPMENT MAINTENANCE -BRUSH SET-PARK MAINT/CONDENSER/SPARK -PLUGS/CARBURETOR CONVERSION SET/CABLE HOSE/AIR FILTER-EQUIPMENT MAINTENANCE PRINTING-OUTDOOR CENTER JULY 89 EXPENSES-LIQUOR STORES CLEANING SUPPLIES-FACILITIES DEPT/ SCHOOL-STREET DEPT JUNE & JULY 89 EXPENSES-ADMINISTRATION VALVES-WATER DEPT AUGUST 89 SERVICE-CITY HALL AIR CONDITIONER REPAIR-FIRE DEPT AIR TANK LICENSE-POLICE BUILDING -SEPTEMBER 89 COPIER INSTALLMENT PAYMENT- POLICE DEPT 40.00 3666.25 1070.05 395.00 228.00 37.15 5050.30 314.00 48.00 676.62 1388.30 7.50 38217.14 182.75 160.00 75.00 2381.72 1E4.12 34.20 148.80 48.00 1032.85 646.86 243.20 47.00 212.00 1241.58 506.25 99.00 204.25 300.00 284.19 269.95 20.60 80.00 942.02 137.08 59.50 803.70 49.50 1083.88 10.00 300.00 53085 BARTLEY SALES COMPANY INC 53086 BARTON ASCHMAN ASSOCIATES INC BENSHOOF & ASSOCIATES INC 88 BERRY COFFEE COMPANY 53089 JAMES BITTNER 53090 BOYUM EQUIPMENT INC 53091 BRAUN ENS TESTING INC . 53092 BREDE EXPOSITION SERVICES 53093 ED BRION 53094 BRYAN ROCK PRODUCTS INC 53095 BUCKINGHAM DISPOSAL INC 53096 WILLIAM BUFFIE 53097 MATT BULLOCK CONTRACTING CO 53098 BUSINESS CREDIT LEASING INC 53099 CARLSON & CARLSON ASSOC 53100 KUO CHANG 53101 CARLSONS LAKE STATE EQUIP CO 53102 CHANHASSEN LAWN t SPORTS 53103 CHAPIN PUBLISHING COMPANY 53104 CHEMLAWN 53105 LISA CHESLER 53106 CLUTCH & U-JOINT BURNSVILLE INC go 25 • AUGUST 15,1999 53128 EUGENE DIETZ JUNE & JULY 89 EXPENSES-ENGINEERING DEPT 53129 DON EVE t SONS SERVICE-MOWING-STREET MAINTENANCE 30 OPT INDUSTRIES INC CHEMICALS-WATER DEPT f, 31 JOY EASTMAN FIRST AID INSTRUCTOR/FEES PAID 53132 EDEN PRAIRIE FIGURE SKATING CLUB ICE SHOW EXPENSES- S P E C I A L E V E N T S 53133 EDINA SW PLUMBING -WATER FOUNTAIN HOSE FAUCET REPAIR-POLICE DEPT 53134 DEB EDLUND MINUTES-CITY COUNCIL 53135 ELANDER PLUMBING REFUND-PLUMBING PERMIT 53136 ELVIN SAFETY SUPPLY INC SAFETY CAP RACK SEAT-STREET MAINT 53137 EXPRESS MESSENGER SYSTEMS INC POSTAGE-PLANNING DEPT 53138 FEED RITE CONTROLS INC CHEMICALS-WATER DEPT 53139 FEIST BLANCHARD CO -CABLE TIES/FLASHERS/BEARINGS/HOSE CLAMPS/ -U-JOINTS/SPRINGS/WATER PUMP/FUEL PUMP/ -SMOG PUMP/FAN CLUTCH/SEALS/CLOCK/HANDLES/ -BUSHINGS/MAINIFOLD SET/GASKETS/RADIATOR -HOSE/BELTS/HORN RELAY-EQUIPMENT MNTC/ WATER DEPT 53140 FINLEY BROS ENTERPRISES TENNIS NET LATCHES & STRAPS-PARK MNTC 53141 FIRE INSTRUCTORS ASSN OF MN FIRST AID SUPPLIES-FIRE DEPT 5:142 FLAGHOUSE INC GAME-PRESCHOOL PLAYGROUND 53143 FORESTRY SUPPLIES INC -SHOULDER HARNESS/TAPE/MAGNIFIER-FORESTRY DEPT 53144 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STO R E S 53145 STUART FOX SOFTBALL OFFICIAL/FEES PAID 53146 G 8 K SERVICES -COVERALLS/TOWELS-WATER DEPT/PARK MAINT/ LIQUOR STORE 53147 GAB BUSINESS SERVICES INC LIABILITY INSURANCE ' '8 DARRELL GEDNEY HOCKEY OFFICIAL/FEES PAID 49 GENERAL COMMUNICATIONS INC RADIO REPAIR-POLICE DEPT 53150 GENERAL OFFICE PRODUCTS CO CARD CABINET-ENGINEERING DEPT 53151 JAMIESON GIEFER SOFTBALL OFFICIAL/FEES PAID 53152 JOSEPH GLEASON HOCKEY & SOFTBALL OFFICIAL/FEES PAID 53153 GME CONSULTANTS INC SERVICE-HIDDEN GLEN 3RD ADDITION 53154 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAIN T E N A N C E 53155 GOODWILL INDUSTRIES INC JULY 89 EXPENSES-SOLID WASTE MANAGEMENT 53156 GOVERNMENT TRAINING SERVICE EXPENSES-POLICE DEPT 53157 TODD GRAMS MILEAGE-COMMUNITY CENTER 53158 ALAN GRAY JULY 89 EXPENSES-ENGINEERING DEPT 53159 GROSS OFFICE SUPPLY CLOCK-POLICE DEPT 53160 ITT COMMERICAL SERVICES INC SERVICE-MOWING-PLEASANT HILLS CEMETERY 53161 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 53162 HACH CO LAB SUPPLIES-WATER DEPT 53163 HALVERSON CANDY COMPANY EXPENSES-POOL LESSONS 53164 HANSEN THORP PELLINEN OLSON INC -SERVICE-PIONEER TRAIL & COUNTY RD 18 -DRAINAGE STUDIES/HAMILTON RD/BLUFF RD/ -COUNTY ROAD 4 & PIONEER TRAIL WATERMAIN/ -MEDCOM BLVD/CEDAR RIDGE STORM SEWER/ RIVERVIEW ROAD 53165 JEAN HARRIS MAY & JUNE 89 EXPENSES-COUNCILMEMBER 53166 HAUENSTEIN t BURMEISTER INC DOOR CLOSER-PARK MAINTENANCE 53167 HAYDEN MURPHY EQUIPMENT CO AIR HOSES-EQUIPMENT MAINTENANCE 53168 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 9 HENNEPIN COUNTY TREASURER JUNE 89 BOARD OF PRISONERS-POLICE DEPT t ) HENNEPIN TECHNICAL INSTITUTE SCHOOL-FIRE DEPT 5023857 20260 408.50 210.00 10173.77 40.00 375.62 88.00 150,00 12.00 70.20 11.50 1117.95 1802.26 15.50 120.00 23.10 144.49 651.71 189.00 466.46 2450.00 80.00 54.60 63.00 168.00 301.00 1056.60 317.96 1814.67 14.00 126.25 200.00 38.80 265.00 86.00 220.54 117.00 22120.73 400.00 57.50 103.86 482.00 2956.00 675.00 AUGUST 15.1989 53171 HERZOG PETROLEUM MOTOR OIL-EQUIPMENT MAINTENANCE 2258.00 53172 D C HEY COMPANY INC -TONER-WATER DEPT/MAINTENANCE AGREEMENT- 60.50 FIRE DEPT 73 11 FIELD MARKING PAINT-PARK MAINTENANCE 53174 1n 11111 MEGOHMETER-SEWER DEPT 53175 11 1 11 -COMPRESSOR REPAIR/DEHUMIDIFIER MAINT-ICE ARENA-COMMUNITY CENTER 53176 ERIC HOLTZE EXECUTIVE RESIDENCE REFUND-REZONING & PLAT FEES 53177 HONEYWELL PROTECTION SERVICES SECURITY SYSTEM MAINTENANCE-SENIOR CENTER 53178 HOPKINS BOWL -BOWLING-AFTERNOON ADVENTURE PROGRAM/FEES PAID 53179 11111 1111 -PLAYGROUND EQUIPMENT-WYNDHAM KNOLL PARK/ WILLOW PARK 53180 11 1 -CPR & FIRST AID INSTRUCTOR/FEES PAID ROUND LAKE BEACH 53181 11 11 -SEPTEMBER 89 MAINTENANCE AGREEMENT-CITY HALL 53182 111 1 1 1. -ADMINISTRATION/BUS SERVICE-SPECIAL TRIPS/ -EVENTS/SPORTS/SPECIAL CAMPS/TEEN WORK PROGRAM/NEIGHBORHOOD OUTREACH 53183 INSTY PRINTS OFFICE SUPPLIES-POLICE DEPT 53184 INTL OFFICE SYSTEMS INC JULY 89 MAINTENANCE AGREEMENT-POLICE DEPT 53185 DEAN R JACOBS EXPENSES/MILEAGE-ASSESSING DEPT 53186 JB LAWN LANDSCAPING & SNOWPLOWING -DRAINAGE DITCH/SOD/GRADING-DRAINAGE CONTROL 53187 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPT 53188 DAVE JOHNSON ENTERTAINMENT-PROGRAM SUPERVISOR/FEES PAID 53189 JOHNSON CONTROLS -REPLACED CONDENSOR FAN MOTOR/CAPACITOR/ THERMOSTAT/PULLEY-COMMUNITY CENTER 179.50 298.07 384.20 1900.00 50.00 25.00 17020.00 40.00 424.32 1697.78 95.00 176.46 155.45 1431.00 40.05 50.00 1574.45 JUSTUS LUMBER CO 53191 KAHNKE BROS INC 53192 KEVIN KASTELLE 53193 JIM KILDAHL 53194 SCOTT A KIPP 53195 KLAMM MECHANICAL CONTRACTORS 53196 KOKESH ATHLETIC SUPPLIES INC 53197 LAB SAFETY SUPPLY 53198 LAKESIDE PLUMBING 53199 ROBERT LAMBERT 53200 LANDSCAPE & TURF 53201 SUE LANE 53202 CYNTHIA LANENBERG 53203 LANG PAULY & GREGERSON LTD 53204 JACK LATZKE 53205 LESMANN ENTERPRISES INC 53206 LIONS TAP 53207 LYMAN LUMBER CO 53208 MACQUEEN EQUIPMENT INC 53209 MASYS CORPORATION 51 M & 1 INDUSTRIAL SUPPLY INC 6277007 -TIMBERS/LUMBER-PARK MAINTENANCE/STARING LAKE PARK BLACK DIRT-STREET MAINTENANCE EXERCISE INSTRUCTOR/FEES PD SOFTBALL OFFICIAL/FEES PAID MILEAGE/EXPENSES-PLANNING DEPT REFUND-PLUMBING PERMIT -PITCHERS PLATES/BASKETBALL NETS/288 -SOFTBALLS-4863.76-PARK MNTC/ORGANIZED ATHLETICS PISTON PUMPS-FACILITIES DEPT REPAIR WATER CLOSET-FACILITIES DEPT JULY 89 EXPENSES-PARK & RECREATION DEPT SOD-DRAINAGE CONTROL MILEAGE-ELECTIONS MILEAGE-FIRE DEPT FEBRUARY & MARCH 89 LEGAL SERVICE LICENSE FEE-STREET MAINTENANCE -REPAIR & PAINT POLICE VEHICLES-EOUIPMENT MAINTENANCE EXPENSES-FIRE DEPT TREATED TIMBERS-PARK MAINTENANCE SWEEPER BROOMS-EQUIPMENT MAINTENANCE OFFICE SUPPLIES-POLICE DEPT -HANDCLEANER/NUMBER STAMPS SET -EQUIPMENT MAINTENANCE 623.36 40.00 163.80 210.00 6.90 792.50 989.51 48.59 283.85 200.00 174.00 37.00 54.00 29667.86 7.50 697.00 102.29 48.00 498.00 220.00 46.13 apai 53244 PRAIRIE HARDWARE 53245 PRAIRIE HARDWARE 53246 PRAIRIE HARDWARE 53247 PRAIRIE HARDWARE -PRINTING-SUNBONNET DAY FLYERS-HISTORICAL AND CULTURAL COMMISSION -CEMENT-STREET MAINT/PARK MAINT/STARING LAKE PARK STEEL PLATE-EQUIPMENT MAINTENANCE -PAINT/PAINT ROLLER COVERS/BRUSHES- COMMUNITY CENTER TENNIS & GOLF INSTRUCTOR/FEES PAID -MEDICAL IDENTIFICATION BANDS-SPECIAL TRIPS/EVENTS OFFICE SUPPLIES-POLICE DEPT ID CARD PLATE-FIRE DEPT BLACKTOP-STREET MAINTENANCE -AUGUST 89 PAGER SERVICE-SEWER DEPT/WATER DEPT/POLICE DEPT/FIRE DEPT -CLEANING SUPPLIES/EXTINGUISHER RECHARGING/FITTING-FIRE DEPT ON DUES-HUMAN RESOURCES LEGAL ADS-CIVIL DEFENSE ADVERTISING-LIQUOR STORES STRAINERS/CAPS/TIPS-PARK MAINTENANCE PRINTING FORMS-RECREATION ADMINISTRATION RADIO REPAIR-FIRE DEPT SWITCHES-EQUIPMENT MAINTENANCE SOFTBALL OFFICIAL/FEES PAID STROBE LIGHT-EQUIPMENT MAINTENANCE T SHIRTS-YOUTH ATHLETICS IN EMPLOYMENT ADS-HUMAN RESOURCES PIN-PARK MAINTENANCE SKATING INSTRUCTOR/FEES PAID BOND PAYMENT SLING/LDADBINDER-STREET MAINTENANCE SOFTBALL OFFICIAL/FEES PAID -EXPENSES/MILEAGE-ROUND LAKE BEACH/RILEY LAKE BEACH GOLF INSTRUCTOR/FEES PAID COMPARABLE WORTH STUDY-HUMAN RESOURCES -SERVICE-PARK & RECREATION DEPT/PLANNING DEPT RECEPTACLE REPAIRS-POLICE BUILDING -INSECT SPRAY/STAPLES/GAS CAN/SCREWS/DRILL -BITS/BATTERIES/HOOKS/CHAIN LINK/CHAIN -RUSTPROOFING/LIGHT BULBS/GASKETS/WEED SPRAY-PARK MAINTENANCE -PLUG/CLEANING SUPPLIES/STAPLES/BRACKETS- POLICE DEPT -BATTERIES/HINGES/MEASURING TAPE/WRENCH SET/SOCKET SET-SEWER DEPT -GARDEN HOSE/LIGHT BULBS/BOLTS/CLEANING -SUPPLIES/SCRUB BRUSH/PAINT THINNER/ -MASKING TAPE/PAINT BRUSHES/PAPER TOWELS/ PLATES-STREET DEPT -SPRAYER/BATTERIES/KEYS/KNIVES/PRUNING -SHEAR/FITTINGS/HACKSAW/CONNECTIONS/WIRE BRUSH/WEED SPRAY-WATER DEPT 53211 MBA DESKTOP PUBLISHING PLUS 53212 MCFARLANES INC '7 713 MCNEILUS STEEL INC .14 MERLINS HARDWARE HANK 53215 DAVID G MEYER 53216 METHODIST HOSPITAL 53217 METRO PRINTING INC 53218 MID CO SECURITY SYSTEMS INC 53219 MIDWEST ASPHALT CORP 53220 MINNESOTA COMMUNICATIONS CORP 53221 MN CONWAY FIRE & SAFETY 53222 MN PUBLIC EMPLOYER LABOR RELATI 53223 MN SUBURBAN PUBLICATIONS 53224 MN SUBURBAN PUBLICATIONS 53225 MINNESOTA WANNER CO 53226 MINUTEMAN PRESS 53227 MOTOROLA INC 53228 MTI DISTRIBUTING CO 53229 GREGORY J MUELLER ' 53230 MUNICILITE CO 53231 NATIONAL SCREENPRINT 53232 NATIONWIDE ADVERTISING SERVICE 53233 NORTH STAR TURF INC 53234 BETH NILSSON 75 NORWEST BANK MINNESOTA N A .36 OLSEN CHAIN & CABLE CO INC 53237 HARRY ORTLOFF 53238 JENNIFER PAYNE 53239 DANIEL PERNULA 53240 PERSONNEL DECISIONS INC 53241 PERSONNEL POOL 53242 PRAIRIE ELECTRIC COMPANY INC 53243 PRAIRIE HARDWARE 45.00 200.00 518.18 60.23 384.75 147.88 139.00 185.00 1037.79 916.25 367.20 85.00 22.02 146.40 24.36 175.27 1013.42 56.25 48.00 76.64 414.50 46.62 22.79 528.26 869428.09 68.36 405.00 149.55 567.00 80.65 1838.98 42.95 105.84 24.00 64.78 333.27 316.65 08593 53248 THOMAS PRENDERGAST SOFTBALL OFFICIAL/FEES PAID 53249 PRENTICE HALL INC BOOKS-FACILITIES DEPT 53250 PRINT GALLEY INC -PRINTING-1D CARDS-HUMAN RESOURCES DEPT/ BUSINESS CARDS-SEWER DEPT r 51 R & R SPECIALTIES INC -ZAMBONI BLADES SHARPENED-ICE ARENA- COMMUNITY CENTER 53252 REED'S SALES & SERVICE INC 2 WEED TRIMMERS-PARKS DEPT 53253 RICHARDS ASPHALT COMPANY BLACKTOP-STREET MAINTENANCE 53254 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-MITCHELL ROAD PAVING & UTILITIES FEASIBILITY STUDY/COUNTRY GLEN 53255 ROAD RESCUE INC FIRST AID RESCUE EQUIPMENT-FIRE DEPT 53256 ROLLINS OIL CO GAS-EQUIPMENT MAINTENANCE 53257 ROGER'S SERVICE CO -STARTER it ALTERNATOR REPAIRS/STARTERS/ ALTERNATORS-EQUIPMENT MAINTENANCE 53258 ROOT 0 MATIC FLOOR DRAIN SERVICE-LIQUOR STORE 53259 RYANS RUBBER STAMPS RUBBER STAMP-ASSESSING DEPT 53760 S&S ARTS & CRAFTS KEY CHAINS-NEIGHBORHOOD OUTREACH PROGRAM 53261 ST PAUL BOOK & STATIONERY CO EXPENSES-NEIGHBORHOOD OUTREACH PROGAM 53262 SALLY DISTRIBUTORS INC GAMES/TOYS-AFTERNOON PLAYGROUND 5326: SANCO INC CLEANING SUPPLIES-POLICE DEPT 53264 THE SANDWICH FACTORY INC EXPENSES-PARK & RECREATION DEPT 53265 TIM SATHER EXPENSES-FIRE DEPT 53266 SCHMIDT READY MIX INC CEMENT-STREET MAINTENANCE 53267 THE SHERMAN WILLIAMS CO -PAINT/PAINT THINNER/ROLLER COVER-PARK MAINTENANCE 53268 J L SHIELY COMPANY GRAVEL-STREET MAINTENANCE 53269 STEVEN R SINELL CONFERENCE/EXPENSES-ASSESSING DEPT 53270 LOREN L SKELTON GOLF INSTRUCTOR/FEES PAID 53271 SNAP ON TOOLS CORP -DRILL/DRILL BITS/FILES/TEST LIGHT- EQUIPMENT MAINTENANCE ' '2 SNYDER DRUG STORES INC -EXPENSES-ROUND LAKE BEACH/TEEN WORK -PROGRAM/RECREATION ADMINISTRATION/SPECIAL EVENTS 53273 TOM SOPCZYK MILEAGE/EXPENSES-HUMAN RESOURCES 53274 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/ADVERTISING- LIQUOR STORES 53275 SPECIALTY SCREENING PLAQUE-FIRE DEPT 53276 SPORTS WORLD USA -UNIFORMS-PARK RANGER/CONCESSION STAND -SUPPLIES/RACQUETBALL RACQUETS-COMMUNITY CENTER 53277 STEMPF AUTOMOTIVE INDUSTRIES INC COIL SPACERS-EQUIPMENT MAINTENANCE 53278 STREICHERS PROFESSIONAL POLICE EC -AMMUNITION/15 FLASHLIGHT CHARGERS- -$1214.25/SWITCHES-POLICE DEPT/EQUIPMENT MAINTENANCE 53279 SUBURBAN CHEVROLET 89 CHEVROLET BLAZER-FIRE DEPT 53780 SUBURBAN RATE AUTHORITY 2ND HALF 89 MEMBERSHIP FEE 53281 SULLIVANS SERVICES INC WASTE DISPOSAL-OUTDOOR CENTER 5:282 SUPPLEE ENTERPRISES INC OUTDOOR CORD-LIQUOR STORE 53283 TARGET STORES TOYS-RECREATION ADMINISTRATION 53284 TOWN t COUNTRY DODGE -VEHICLE REPAIR-$1195.00-WATER DEPT/ STRAINER/HOSE/BELT-EQUIPMENT MAINTENANCE 53285 TRIARCO ARTS & CRAFTS INC MARKERS-AFTERNOON PLAYGROUND 53286 TURF PRO INC MOWING-FORESTRY DEPT 53297 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 60.00 60.46 373.50 69.00 678.00 660.00 4004.75 111.06 6361.04 399.27 48.50 16.00 17.95 8.93 85.20 23.15 61.06 118.02 447.34 134.21 959.08 358.25 283.50 244.56 49.73 20.50 1069.24 50.50 279.65 98.03 1516.65 15363.72 700.00 26.49 59.76 1226.20 11.78 625.00 396.57 3879 a02 01 AUGUST 15.1989 53288 UNIFORMS UNLIMITED 53289 UNLIMITED SUPPLIES INC f-"90 THE URBAN LAND INSTITUTE ( 71 UNIVERSAL SERVICE CENTER INC to292 VERSATILE VEHICLES INC 53293 VIDEOTRONIX INC 53294 WATER PRODUCTS CO 53295 WEST WELD UNIFORMS-POLICE DEPT SCREW/WASHERS/SNAP PINS-EQUIPMENT MNTC VIDEO CASSETTE-PLANNING DEPT BATTERIES-SEWER DEPT CAR RENTAL-RECREATION ADMINISTRATION OFFICE SUPPLIES-POLICE DEPT -I 1/2 MEASURING CHAMBER/GASKETS-WATER -DEPT/TEST GAUGE-PARK DEPT/800 ROLLS OF WOVEN FABRIC-$440.00-STREET MAINTENANCE -LENS/GRINDING WHEELS/WELDING SUPPLIES/ -CUTTING ATTACHMENT/CUTTING TIP-EQUIPMENT MAINTENANCE 504.92 265.54 63.50 38.40 73.50 118.00 674.10 337.04 53296 WESTERN CARPET DRY CLEANING SERVI CARPET CLEANING-COMMUNIT Y C E N T E R 53297 TIM WHALEY TENNIS INSTRUCTOR/FEES PAID 53298 DAVID WHITEFORD SOFTBALL COORDINATOR/FEES PAID 53299 WILSON TANNER GRAPHICS BUSINESS CARDS-FACILITIES DEPT 53300 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-CITY HALL/COMMUNITY CTR 53301 EARL ZENT EXPENSES/MILEAGE-ASSESSING DEPT 52729 VOID OUT CHECK 52799 VOID OUT CHECK 52840 VOID OUT CHECK 52924 VOID OUT CHECK 51084 VOID OUT CHECK 209765 248.60 236.25 384.00 45.00 171.95 209.33 229.43' 590.42' 335.00- 17.63- 100.00- $1721825.69 A0,30 -MEMORANDUM- TO: Mayor and City Council FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: August 10, 1989 RE: MITCHELL LAKE NORMAL WATER ELEVATION (I.C. 52-075) At the June 20, 1989 City Council Meeting, two primary issues were di r e c t e d to Staff for further investigation. First of all, we were asked to r e v i e w the proposed elevation as it relates to the proposal to construct a hi k e w a y / bikeway trail along the west edge of Mitchell Lake. In response to t h a t concern, cross sections at selected intervals adjacent to the lake o n U . S . Homes property were generated. The results show that virtually any in c r e a s e in water elevation will result in displacement of the trail to a side - s l o p e that will necessitate an extensive retaining wall system. Due t o t h e extensive and destructive amount of grading necessary to provide t h i s construction and the prohibitive costs associated with the retaining wa l l , i t is being recommended that other alternatives be pursued to provide pedes t r i a n access to selected points along the shoreline. Parks Director Lambert w i l l be available at the Council Meeting to address this issue in more detail . Two residents on South Bay Curve -- Robert Pitel and David Knaak -- app e a r e d before the Council and stated their opposition due to the probabili t y o f additional tree loss on their property. Our survey crew staked the 8 7 0 . 0 current elevation and the 871.5 proposed elevation in each of their ya r d s . The Knaak property would have little if any tree loss and the Pitel pro p e r t y would potentially loose a clump of willow trees. The interesting detail t h a t we discovered is that the 871.5 elevation falls within a drainage and u t i l i t y easement that was established for both the purpose that we are propo s i n g a n d as a preservation easement area to prevent modifications along the la k e s h o r e . As a result of these investigations and other previous information g a t h e r e d for the June 20, 1989 Council Meeting, there does not appear to be an y o v e r - riding reason to maintain the lake level at a depressed elevation . I d i d however discuss many of these issues with the DNR and they sugges t t h a t setting the Normal Ordinary High Water elevation (NOHW) exactly a t 8 7 1 . 5 would be difficult for them to accept. The State deems that they o w n a l l land below that elevation, but do not have any rights of encroachmen t a b o v e that elevation. Therefore, maintaining some nominal level below 8 7 1 . 5 t o accommodate at least some small storm fluctuation in the elevat i o n i s advisable. I am therefore recommending that the level be set at 8 7 1 . 3 t o accommodate this concern. We have drainage and utility easements over m o s t o f the developed area which would accommodate a flood elevation above 871 . 5 , b u t we do not have those rights as yet on the undeveloped parcels. W e w i l l obtain those easements as development progresses, but it is more likel y t h a t we can achieve success with the DNR if we have at least a small abil i t y t o fluctuate the lake level without encroachment. I will have some gr a p h i c s available at the August 15, 1989 Council Meeting to demonstrat e t h i s information. EAD:ssa cc: Bob Lambert Alan Gray 2031 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-186 WHEREAS, the City of Eden Prairie received a request from the Southwest Corridor Transportation Coalition for a $10,000 contribution to assist in financing its on-going programs; and WHEREAS, the Coalition has been working to secure the earliest possible construction of proposed new T.H. 212 and widening of T.H. 5 from Interstate 494 to T.H. 41; and WHEREAS, the Coalition has been very active the last three years not only in this effort but, has also achieved the following: 1. Facilitated the Joint Powers Agreement among Eden Prairie, Chanhassen, Chaska, Carver County, Hennepin County and MnDOT relating to funding of the EIS on new T.H. 212; 2. Lobbied the Legislature for increased transportation funding; 3. Lobbied MnDOT for project programming; 4. Supported a Joint Powers Agreement among Chanhassen, Chaska and Carver County to jointly study the highway network ancillary to T.H. 41 and U.S. Highway 212; and 5. Hired a full-time coordinator to work on its behalf. WHEREAS, in the next year, the Coalition will be working to secure a Federal grant or other funding for the design of new T.H. 212 from 1-494 to Norwood and t maintain the oversight and commitment to construct the widening of T.H. 5 from Wallace Road to T.H. 41; and WHEREAS, in order to finance these efforts, the Coalition is requesting contribution from Chaska, Chanhassen, Eden Prairie, Carver County, and Hennepin County in the amount o $10,000 each. NOW, THERFORE, BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota hereby supports the role of the Southwest Corridor Transportation Coalition and approves the request for a contribution of $10,000 to assist in financing its ongoing programs; AND BE ST FURTHER RESOLVED that the funds for this contribution be appropriated from the undesignated balance of the General Fund and disbursed only on the conditions that th cities of Chanhassen and Chaska and the counties of Carver and Hennepin participate with financial commitments equal to that of the City's, and that private contributions totalling $40,000 be secured by the Coalition. ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL this 15th day of August, 1989. Mayor Gary D. Peterson SEAL JC0In D. Frane, City Clerk 203 2 August 9, 1989 Southwest Corridor Transportation Coalition Proposed Budget September 1989 - October 1990 Expenses Field Coordinator Office Expenses Governmental Affairs Federal State Local Transportation-Consulting Engineering Services General Operating Expenses Miscellaneous Reserve Income Government Contributions Hennepin County Carver County City of Eden Prairie City of Chanhassen City of Chaska Private Contributions Industry Community Organizations Chamber of Commerce Individual $30,000 $25,000 $15,000 $10,000 $80,000 $10,000 10,000 10,000 10,000 10,000 $40,000 $90,000 Ao 33 SOUTHWEST CORRIDOR TRANSPORTATION COALITION MAJOR PROGRAMS Highway 5 Upgrade TH 212 Design Funding TH 212 First Phase Programmed 1993 $34MM TN 212/Prairie Center Drive Interchange Design Funding $250K Highway 5 - County Rd. 17 to County Rd. 41 4 lanes - Programming 1994-5 TN 212 - Second & Third Phase Programming - $ 64MM 9,03(4 AREA LOCATION MAP STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning July 21, 1989 Starring Highlands Northwest corner of Ridge Road and East Staring Lane Cliff and Mary Anderson Preliminary Platting of 2.17 acres into 3 lots. Background The Comprehensive Guide Plan depicts this site and surrounding sites for Low Density Residential land use. The property was zoned R1-22 in 1969 as part of Ordinance #135. Surrounding properties consist of the Gopher Lane Addition to the north, Staring Lake 1st Addition to the south, and additional single family housing to the east and west all zoned R1-22. The site and the surrounding sites are not served by City sewer and water, rather, by the use of on-site drain fields and wells. Both Ridge Road and East Staring Lane are gravel surfaced roadways at this time. Preliminary Plat The request is to plat 2.17 acres into 3 single family lots at a density of 1.38 units per acre. The Guide Plan would allow up to 2.5 units per acre in the Low Density Residential classification. Lots range in size from 22,048 square feet to 44,100 square feet. All lot size, width, and depth requirements meet City Code. The existing house on lot 3 shall remain as part of this platting request. However, with a 28.4 foot frontyard setback from Ridge Road, a variance will be necessary. City Code requires a minimum setback of 30 feet. In addition, City Code requires that frontyard setbacks 203S for new construction equal or exceed the average setback of stru c t u r e s i n t h e surrounding area if 40% or more of the block has been developed. Thi s a v e r a g e h a s been calculated to be 46 feet. The proposed units along East Starrin g L a n e e x c e e d this setback requirement. The proposal for Lot 1 indicates that an a d d i t i o n a l l o t division may take place at some future date. Site lines for access to E a s t S t a r r i n g Lane are adequate. Grading The site currently slopes in a northerly direction from an elevation o f 9 0 3 a l o n g Ridge Road to 850 in the northwest corner. The average slope across t h i s p r o p e r t y is 25%. A tree inventory has been provided which indicates all signifi c a n t t r e e s t o occupy lot 3 and to remain as part of the development. Some scattered b i r c h , w i l l o w and elm trees may be lost due to construction. However, these trees are n o t s u b j e c t to the Tree Preservation Policy. The proposed grading is lim i t e d t o t h e construction of house pads and drainfields. Some grading is propose d a t a 2 . 5 : 1 slope. The grading plan shall be revised not to exceed a 3:1 slope. Utilities Since this property was zoned R1-22 prior to July 1, 1982, City sewe r a n d w a t e r service is not required. City Code states that sanitary sewer and w a t e r s e r v i c e shall not be required with respect to those lands which were situated wi t h i n t h e R 1 - 22 zoning district on or before July 1, 1982. The proponent plans inst a l l a t i o n o f drainfields and wells, meeting setback and separation requirements. Sewe r a n d w a t e r trunk lines currently exist somewhat close to this area. The Red Rock i n t e r c e p t o r traverses through the Boulder Pointe site 1500 feet to the north. City w a t e r r u n s along County Road 1 from Mitchell Road 700 feet to the south. Improveme n t s f o r t h e roadways and City services to this neighborhood, are not proposed at t h i s t i m e b y the City. However, the Engineering Department indicates that improveme n t s m a y n o t be too far off in the future. Drainage This site is part of an overall landlocked watershed area. A natura l o v e r l a n d outlet exists at an elevation of 867 just to the east of East Sta r i n g L a n e . T o insure against the possibility of flooding, all proposed housing has b e e n d e s i g n e d with the lowest basement opening two feet above this natural overl a n d o u t l e t . A n analysis has been made to determine the potential flood elevation f o r t h e a r e a . Based on a worse case scenario of an 8 inch storm event with 100% r u n o f f a n d n o percolation, the analysis indicated a flood elevation of 861.4 whi c h i s a l m o s t 7 feet below the natural outlet elevation. However, standing wat e r h a s r a r e l y occupied the site in the past. Because the northwest corner of thi s s i t e i s t h e lowest elevation of the drainage area, and that additional filling wil l d i m i n i s h t h e sites water storage capacity, the proponent shall be required to plac e t h e w e s t e r l y 110 feet of the future lotting area into a drainage easement, c o n f o r m i n g t o approximately the 852 contour. This will provide an area free of s t r u c t u r e s o r other improvements for the storage of possible storm water run-off. As indicated earlier, the proponent may wish to subdivide Lot 1 in t h e f u t u r e , providing for another unit. The basement elevation of this unit is cu r r e n t l y s h o w n to be below the natural overland elevation of 867 and the indicated fl o o d e l e v a t i o n of 861.4. The design for this house is being based on provisions for a f u t u r e s t o r m 69,036 sewer outlet system to establish a lower drainage elevation. Since it is not known at this time when or if a storm sewer will be installed, or at what elevation, a detailed review of this future lot cannot be made. When the proponent requests a split for lot 1, the future proposed basement elevation will need to be raised to an elevation two feet above the outlet elevation that exists at the time. Staff Recommendations Staff would recommend approval of the request for preliminary plat of 2.17 acres Into 3 single family lots within the R1-22 district based on the plan dated 7-14-89, and subject to the following: 1. Prior to City Council review, proponent shall: A. Revise the grading plan so that no slope exceeds a 3:1 ratio. B. Place the westerly 110 feet of the future lotting area into a drainage easement, corresponding to approximately the 852 contour. 2. Prior to final plat, proponent shall: A. Submit storm water run-off and erosion control plans for review by the Watershed District and City Engineer. 3. Prior to building permit issuance, proponent shall: A. Pay the cash park fee. B. Submit plans to the Building Department for the installation of the drainfields and well systems. 4. As part of home construction, each unit shall meet or exceed the 46 foot average frontyard setback that has been established in the area. 5. When the opportunity for City water and sewer connections become available, each of the units shall hook-up to this system at a time when this specific on-site systems require repair. 6. If proposed lot 1 is requested to be subdivided in the future, a preliminary plat of the property shall be reviewed and approved by the Planning Commission and City Council. ao3'i Li EWOH PLANNING DEPT JUL 2 11989 CITY OF EDEN PRAIRIE • CC Cliff and Mary Anderson ao.31 Peter J. Kfia6b1c, P.E. RON IMECER AND ASSOCIATES, INC. Since +.1 Engineering 1 = .. ............... Land Surveying '.7.7-Itlalcr'Z, r.T.,7.:7.:7.-Y-7:7-r:Z7:T7: ArchitectureT: rt Planning Ron Krueger Associates, Inc. 8080 Wallace Road Eden Prattle, Minnesota 59344 (612) 934-4242 July 19, 1989 Mr. Scott Kipp City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Starring Highlands RKA# 8112 Dear Scott: Per your recent comments, we have revised the Preliminary Plat for th e a b o v e referenced project as shown on the attached sheets. Lot 1 shows future g r a d i n g a n d a house location for a lot that could be split off in the future when a stor m s e w e r i s available for the landlocked area to the northwest. As shown on the pl a n , L o t s 1 a n d 2 as proposed have lowest house openings at least two feet above the emerg e n c y overland flow elevation of 866.8. A drainage and utility easement is shown over the existing low area to t h e n o r t h w e s t . The attached drainage computations show that an 80" spring snowm e l t e v e n t ( 8 " o f water, 100% runoff, no perculation) would have a flood elevation of 8 6 1 . 4 . T h i s i s 7 . 6 ' below the lowest proposed house opening. If you have any questions or comments, please call. V----."c '..*•-r- i.._Cre=027 1'7 :..1.,:.+.1'..- : ,,,,, , 11 4 t i , .c... .. . I , _..,.....,?.. ,..f.,..• L.., . ._?-,-,, • , ! 1 c.' • , -7 , 1 ! 14.41,,G,c;C) 3 -4- 1 I 1 ; I 'L 5.5S , • •. . .2,14 ,?c,c7 : 11 • 1- . , , . . I _ 22.3 1,.c19'9ip=c> 9, 1 ; 4 . • , 7 . . -2. f • _ ,n_.) I 2-' ! I 4p2D' , . I I _ . I 2°,39 PAGE OF J00 0 JOB NAME DESIGNED BY CHECKED BY DESIGN DATA 71-':•:r' A •)4n1.) Enowerms len•nien a.ae,nuna sur.wine >71IN5ICIN MUM AINIOnn Inn ME. Jvcatawsommovisamara.roewimp...,..11A1 /WW1* .41n16•81/Claiailall R. Innen • niannin 9 ' A, DATE DATE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #89-176 RESOLUTION APPROVING THE PRELIMINARY PLAT OF STARRING HIGHLANDS FOR CLIFF AND MARY ANDERSON BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Starring Highlands for Cliff and Mary An d e r s o n , d a t e d August 7, 1989, consisting of 2.17 acres into three lots, a copy of wh i c h i s o n f i l e at the City Hall, is found to be in conformance with the provision s o f t h e E d e n Prairie Zoning and Platting ordinances, and amendments thereto, a n d i s h e r e i n approved. ADOPTED by the Eden Prairie City Council on the 15th day of August, 198 9 . Gary D. Peterson, Mayor ATTEST: John D. Frane, City Cleik Acm0 MEMORANDUM TO : MAYOR PETERSON & CITY COUNCIL MEMBERS FROM: JEAN JOHNSON, ZONING ADMINISTRATOR DATE: AUGUST 7, 1989 RE : VARIANCE REQUEST #89-36 The Board of Adjustment and Appeals approved Variance Request #89-36 with amendments. The applicant requested a 11' rear yard setback. The Boa r d a p p r o v e d a 17 rear yard setback. City Code requires a 20' rear yard setback. The Board felt a 20 foot addition is larger than the typical 14 X 14 + f o o t d e c k o r porch that is built onto most homes. The Board considered the shape of t h e l o t a s a hardship, but could not approve the degree of variance being requeste d . T h e r e f o r e , the Board approved a modified variance requiring the addition to be 17 f e e t f r o m t h e rear lot line. This allows an addition 14 feet X approximately 30 feet . JJ:mmr/VR8936 CITY COUNCIL REVIEW FILE - VARIANCE REQUEST #89-36 - CONTENTS 1. Request letter dated August 4, 1989 2. Variance Request, Public Hearing Notice 3. Variance Application 4. Letter dated June 6, 1989 5. Survey indicating proposed deck location 6. Interior/exterior plans 7. Final Order #89-36 8. Staff Report dated July 7, 1989 9. Unapproved Board minutes, dated July 7, 1989 SD:mmr/CCRF8936 Auta August 4, 1989 Bradley Kuyper 16534 So. Manor Rd. Eden Prairie, MN 55346 Dear Ms. Johnson, This letter is to inform you that I wish to appeal the decision made by the Board of Adjustments and Appeals on July 13, 1989 concerning variance request 89-36. This variance request was to build a deck within Ilft. of my rear lot line. I have been in contact with Councilman Doug Tenpas who came to my house to look at what I wanted to do. He discussed my request with the other council members at the council meeting on August 1, 1989 and asked me to get it on the agenda for the next council meeting on August 15th. If there is any problem in doing this please give me a call. Sincerely , Y247u.-- Bradle Y Kuyper Work 4 830-7374 Home II 937-5206 abt13 CITY OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS NOTICE OF PUBLIC HEARING REGARDING VARIANCE REQUEST #89-36 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Board of Appeals and Adjustments will meet at the following time and places: 7:30 PM Thursday, July 13, 1989 At the Council Chambers, 7600 Executive Drive, Eden Prairie City Hall, Eden Prairie, MN 55344 to review and consider the variance request #89-36, submitted by Bradley P. Kuyper for property located at 16534 SouiFignor Road, Eden Prairie, Minnesota, legally described as: LOCET -15-01S711Mber Creek Wo ods 2nd Addition. Therequest is for a variana7Vom Ciir-C_,_ode Chapter TI: r 17-c—t-f--oni,.1707 Subdivision 2 -7 additi5171-11 . from thi 751 line. City Code requires720'. Written or oral comments relating to this variance request will be heard at this meeting. Said variance application is on file for public review at the Planning Department at Eden Prairie City Hall. Published in the Eden Prairie News City of Eden Prairie June 28, 1989 PLANNING DEPARTMENT gotiq Applican&Zture • Vee Owner igna re (Land Owner) d,dg Variance # Receipt #_ CITY OF EDEN PRAIRIE VARIANCE REQUEST APPLICATION jum c APPLICANT'S NAME: ADDRESS: PHONES: REQUEST FOR VARIANCE AT: K,iyper ' krs-1 ,1 Work 830 -73 7-1 Home 61 -; S .206 LEGAL DESCRIPTION: L'T 11 , glocik 71h 6,,e4 2.1 FEE: A) $75.00 - Residential - (includes building additions, decks, and Code interpretations) 8) $125.00 - Other - (includes variances associated with office, industrial, commercial property and variances associated with new development/construction) REASON FOR VARIANCE: Prrek_ 1,41 Cow eS (AATIAI, eituv,, d Pea:- kr , Submission Requirements: 1` Residential - 8 1/2" x 11" survey showing lot lines and setbacks of existing and proposed tures and location of buildings on adjoining properties. Also show building elevations, ar,itectural floor plans, and pertinent topographical features such as trees, fences, berms , steep slopes, ponds, roads, and existing and proposed elevations, which have bearing on th e variance request. 2) Other - 8 1/2" x 11" survey showing lot lines and setbacks of existing and proposed structures. Where surveys are larger than 8 1/2" x 11", 7 copies of site plan folded to 8 1/2" x 11" will be required. Also include landscape plan, pertinent topographical features such a s trees, fences, berms, steep slopes, ponds, roads, and exiting and proposed elevations, which have bearing on the request. 3) Letter addressed to Board of Adjustments and Appeals, explaining nature of variance request and reason(s) why conformance to the literal provisions of the City's code would cause hardship. 3. Notes to Applicant: 1. The Board meets on the 2nd Thursday of the month, 7:30 p.m., City Hall Council Chambers, 7600 Executive Drive, Eden Prairie, Minnesota 55344 2. Applications must be filled, no later than 2nd Thursday of the month previous to the meeting date. Notices are published in the Eden Prairie News and mailed to property owners within 500 feet. Applicants are encouraged to personally contact adjacent property owners, Prior to the hearing, in order to explain the variance and to be prepared to address their concerns at the hearing. **NOTE: SUBMIT 9 COPIES FOLDED TO 84" X 11" OF ANY SITE PLANS OVER 84" X 11" ' June 6, 1989 Bradley and Bambi guyper 16534 So. Manor Road Eden Prairie, MN 55346 Dear Board of Adjustments and Appeals, We are requesting a variance that would allow us to build a deck that would come within eleven feet of our rear lot line. The reason the deck will come so close to the lot line is that the rear of our house is only 31 ft. from our lot line. This means that if we were to comply with the 20 ft. standard setback our deck could extend only eleven ft. from our house. The deck we would like to build would be attached to the main floor of the house in the rear where a sliding glass door already exists. There is not any other location on our house where we could build and still have access to this door. The portion of the deck that would extend 20 ft. would be converted to a screened porch in the future. We have discussed our plans with all of our neighbors behind and to the sides and none of them have any problem with it. Sincerely, 404-- Bradley Kuyper NJTICI • till told lath elt.watl,.o o•-! e ,' and Will, sir vl:f ptic,t d.s,:i n s• footin* fullJer s r for probk nts t.toolti,t; I.• L.:,'‘ore to tit 4'84.--A/78 '32 '29 -w. M A NoR f'h:::,-,7:-.374so Dote , Or Cy: 7 ox 943; ROAD •,..) • n/0 17 P -1 't SATHRE-SERCOUIST, INC. IOS SOUTH 'ROADWAY • WAYZATA. MN ISM TELEPHONE 1104111400o CERTIFICATE OF SURVEY for . THE ROTTLUND COMPANY, INC. 1 o Denotes Iron Monument X000.0 Denotes Existing Elevation 1000.01 Denotes Proposed Elevation .4t— Denotes Direction of Surface Drainage Proposed Top of Foundation Elevation = 944 , 7 Proposed Garage Floor Elevation = 944 Proposed Lowest Floor Elevation = 936.o I hereby certify that this is o true and correct representation of a survey of the boUndaries of: Lot 1 14, Block 5, TIMBER CREEK WOODS 2nd ADDITION . . I . . -! - Ilnnepin County, Minnesota 0 i., V [ BLDG. CN1..• l And of flt . -location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said larldelAsluri yeyed.by me this iith d Y of June 1987 ., 4. • 'CITY C .fti) EN I,: ././f•rr: ." • ju;,: ) iThoinas S. Bergqul st Registered Land Surveyor, Minn. Lie. No. 7725 I f LI! Z I17 tiMI uZic. d \. 1S.J.1,1d ' irx r vu 1'41 rAct .ct z-t g ••, • •1 III - 01111.-; I 11, 411 4..74b•Z • '',44fo gssr ET 97i911 BIND :-; e I :I r ,1 nir 2"x10" Ijoists in this section will be spliced (over- lapped) over center bed, 20 ft. 2410" 3 ft ' 3 ft. stairwa , 0 I Vr8" cantilever. triple 2"x10" beam triple 2"x10" 14 ft. t triple 2"x10" Note: 14'x20' section may be converted to a three season porch in the future (roof to be gable type) Entire deck to have 2"x6" decki RI 1 joists to be 2"x10"-12"0.C. • - footings 16"x16"x8" 42" deep O - footings 8" dia. x 12" fla 42" deep 3 II 36" 7 ft. fill posts 6"x6" 7 ft. 0100 18 f t. VARIANCE #89-36 CITY OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS FINAL ORDER RE: Petition of Bradley P. Kuyper ADDRESS: 16534 South Manor Road, Eden Prairie, Minnesota LEGAL DESCRIPTION: Lot 14, Block 5, Timber Creek Woods 2nd Addition VARIANCE REQUEST: The request is for a variance from City Code, Chapter Section 11702, Subdivision 2, I L to permit a deck addition 11' from the rear lot line. City Code requires 70 O. The Board of Appeals and Adjustments for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (YES X NO ) 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and Platting Code. 3. Variance Request #89-36 is herein Granted X , Denied 4. Conditions to the granting X , denial , of said variance are as follows: A 17' rear yard setback must be maintained. 5. This variance shall be revoked within 15 days after notice of failure to meet the required conditions has been given. 6. A copy of this order shall be forwarded to the applicant by the City Clerk. 7. This order shall be effective July 13, 1989; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 8. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF APPEALS AND ADJUSTMENTS BY: DATED: July 13, 1989 Page 15 K. Variance request #89-36 to review and consider the variance request #89-36, submitted by Bradley P. Kuyper for property located at 16534 South Manor Road Eden EiEETE:- Minnesota. The request is for a variance from Ciity Code, Chapter -II; Section 11.02, SubdivisTYF 2, p, to permit a deck addinTin I' from the rear it line. City Code requires 20'. Background - The property under variance request consideration is located in the Timber Creek Woods 2nd Addition. The addition was platted and zoned R1-9.5 in 1983. A home was constructed on the lot in 1987. The rear of the home is located 31' from the rear lot line. Variance Request - The applicant is proposing to construct a deck which at its closest point, will be located 11' from the rear lot line. City Code requires 20'. (Note Exhibit F ). Alternative - One alternative is to construct a deck which would meet code. A deck of 11' in depth could be constructed. (Note Exhibit G). Should the Board identify a hardship, but is uncomfortable with a 11' rear yard setback, alternatives to lessen the variance request may be appropriate. Conclusion - A deck could be constructed on the property which will meet code and not restrict use of the property. Should the Board approve the variance requested, specific findings need to be identified uniquely qualifying such an action. The Board may choose one of the following options: 1) Approve variance request #89-36 as submitted, identifying unique circumstances supporting the approval. 2) Approve variance request #89-36 with amendments identifying unique circumstances supporting the approval. 3) Deny variance request #89-36 finding a deck may be built and meet code. An 11' deck is not restrictive. No specific hardship has been substantiated. car/ of 5M -FF :G(00R7 -- PA -Tel) 7 - 7 - .141•7-3(0 0C 2 4r t .ek•-•\ -98.7'7- -N89°02: E - NOTIC1 shr.11 fv.Idv,rify o , r.! crwr, ond 1.11Jer EN.Ismn .r 3nAility lot problrnIu 93371 % j .• L:4!ute tO I • •40 u, ,..• v..atcx ;lift, It in, J l'ivrn .e- /7- L..) I Phi 4-57-117 Dotc. A I OK Ey: . Ofn 943.3 943.% MANOR ROAD SATHPE-BEIRGOUIST,INC.I IEM SOUTH USOADWAYS WAYZATA, MN 51351 tttttt ONE 1111.1711 8000 I Imo - 128 CERTIFICATE OF SURVEY Exhibit F 1:30 I „, , Existin g House. o Denotes Iron Monument X000.0 Denotes Existin g Elevation 1000.01 Denotes Proposed Elevation Denotes Direction of Surface Draina g e Proposed Top of Foundation Elevation = 944.7 Proposed Gara g e Floor Elevation = 944. , Proposed Lowest Floor Elevation I hereb y certif y that this is a true and correct representation of a surve y of the boundaries of: Lot 14, Block 5, TIMBER CREEK WOODS 2nd ADDITION i1 n ', nnepin County, Minnesota L. ‘1-9 II. ti BLDG. c.: :1 And of location of all buildin g s, if any , thereon, and all visible encroachments, if gn y , from or on soid lancyrAs luri ve yed .b y m e this 11th day of June„ 1987 1 n •.: I!. (.0 1 .- • t*. . i7;) ((1Y ED! i: N;./.tr Ir • .p ret: 1 g ;Thomas S. Berggulst Re g istered Land Surve y or, Minn. Lie. No. 7725 n....! ,Ros3 „Ir,1:144<.; 11,11 forld vtrify :mit, GI Itrwet owl Wier St 'vices lc ir Euildef AS y IC, ptobl e f fa d: 4S3:1 *yak.: id d ft c;rn .e- 1'11:32:-67s o Dot e47 1 OK ty: !,e943.3 Existing House. •••nn •.• I SA THRE.BERGOUIST, INC. 100 SOUTH SAOADWAY • WAYZATA, MN $53111 TELSPHON I $1141145000 / 4 5 1'T •••.4,7 ,qp NOTICE • 1000.01 Denotes Proposed Elevation X000.0 Denotes Existin g Elevation -a Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation — o Denotes Iron Monument 1 hereby certify that this is a true and correct representation of a survey of the boundaries of: NoR Proposed Top of Foundation Elevation m. Proposed Garage Floor Elevation 944. Z ROAD „ :13.6 P36.0 . Lot 14, Block 5, TIMBER CREEK WOODS 2nd ADDITION Li I dilnnepin County, Minnesota r • . And of tee .iociorlur uii 'bulicrngs, if any, thereon, and all visible encroachments, if or on soid lartdzIt.As lurveyed by me this llthd Y ofJune 1987 . •'.CITY Cr) .1" r". • j—) " ,1 FrIr [;/ r r...:r.r:• • " • Ju•„:-c Thomas S. Bergoulst CERTIFICATE OF SURVEY Exhibit G ny, from tic 14 eqq if (0 IAJti T&15 7'7 -6;1 0 Nii-pplzakr, Travelle said they would forgo the sign at Pioneer Trail and Mitchell Rd. (the 24 sign). They have studied this very carefully and it is not a whim. Bozonie said he liked the sign, but it could be 3/4 of the height and 3/4 of the width. Harvey asked if there were two area identification signs allowed on the 1st platt or the entire 150 acres. Travelle said there would be no more significant signage. The collector street is Mitchell Rd. No road systems have been developed as yet or lot configurations laid out. This sign would be the master signage for Boulder Point. Anderson noted the following from the Staff report: Lonaltions: No additional Boulder Pointe signs within the 150 acre PUB be permitted except for a 24 square foot sign at the Pioneer Trail entrance to Boulder Pointe Travelle said more signage may be needed at the Twin Home section of the development. Bozonie felt that the liked the sign, but not the size. Akemann said he was in favor of the sign, but saw no hardship. He liked the idea of a trade off, but not for just one sign. Possibly there should be an ordinance change. Harvey said he had a problem with large signs unless something is given in return--and one sign is not enough. He asked Travelle if he could live with one other sign at the Twin Home section besides the one being proposed. Travelle answered yes. Akemann said he was undecided--according to the code there was no hardship. MOTION: Anderson moved that the Board approve variance request 89-35 under the conditions that there be no additional signage within the Boulder Point addition be permitted except one additional sign up to 24 sq. ft. (area identification sign) to be located at the developers discretion. Freemyer seconded the motion and it passed 3-2 with Bozonie and Akemann voting nay on the grounds that no hardship was demonstrated. S Anderson added that the City should look into a modification of the PUD rules so issues like this do not come before the Board. This should be a part of the PUD. Request #89-36, submitted la Bradley P. Kuyper for property located at 16534 SouthManor Road, Eden —Frairie, —RInnesota, TiWirTi EscrT5ir aiT—Tot --rT— Block !TTimber Creek Woods 2nd Addition. The r eque st is for a variance from City CoaTehapter —1:1„--TeTfig 117,02, Subdivision 2— deck addition 11' from tfiFFIFF lot line. City Code requiFes.20'. doSS L. 15 Bradley Kuyper appeared to present the variance. He stated th a t t h e lot was unique as it is perfectly square--the rest are rectan g u l a r . As such, it allows only 11' in which to build a deck. Part of t h e proposed deck will be turned into a porch in the future. Harvey said he felt the size of the request could be reduce d . Akenann said he was not in favor of passing anytning this l a r g e - - p o s s i b l y a continuance should be granted. Kuyper asked how the Board felt about 16'. Then he asked a b o u t 1 4 ' b y 1 4 ' . NOTION: Anderson moved that the Board approve variance requ e s t 8 9 - 3 6 with modifications: That there be a maximum of 17' setback from the rear lot lin e , or a total variance of 3' into the rear yard set back area. Grounds for this motion were the unique nature of the lot, the structure creates no negative impact, the lot is square, and the constraints placed on the ability to construct a deck. Harvey seconded the motion and it passed 4-1 with Akemann opposed. Request #89-37, submitted by James and Pauline Borucki for property located at 6517 Rowland IteEael- 17:117Te -Thlnesota, legafl y described as Lot 5 —8-7-c-172 Carmel Addition. The request is for a variance from City Code, Chapter 11, Section 17152, Subdivision 2, ill to permit proposed parcel B of 12,7.17-i7fiare feet. City Code requires 11,59 square feet in the1T:17.5 'pining District. (2) to permit thrsting structure 1770' from the front lot line. City Code requires a 30' front yard setback. 3 to permit proposed tract B with an average lot -WdT1--iof . City Code requires 88'. James & Pauline Boucki appeared to present the variance request. He explained that the variance request as follows: 1. To divide lot 5 into 2 parcels, (A & B), with lot 5 maintaining the existing home. The number of driveways would remain the same. The density o f h o m e s along Roland Rd would have only a 1% increase. He asked the B o a r d t o consider the following: The setback from the road. The squa r e f o o t a g e - - he would need to purchase land and the NE side is part of Ca r m e l D r i v e (this would be impossible) and the east side is much too st e e p . I f a new home were to be built on the lot, it could not be broug h t t o t h e lot line to create a crowded situation. It would not create a p r e c e d e n t in the area, because it is a unique situation (being a tria n g u l a r l o t ) . The variance would be for lot B only--lot A is to code. Johnson explained that this proposal is before the Board prior to t h e Planning Commission review. A driveway to a possible new ho m e n e a r b y would have poor site lines unless it was placed on the corner of the property. Harvey asked when the Borucki's had acquired the property and why they were seeking to subdivide it. (2 0 S FINAL REPORT OF THE LAWFUL GAMBLING STUDY COMMITTEE CITY OF EDEN PRAIRIE, MINNESOTA AUGUST 1989 Executive Summary: In April 1989, the Eden Prairie City Counci l a p p o i n t e d t h e L a w f u l G a m b l i n g Study Committee to explore whether and to w h a t e x t e n t l a w f u l g a m b l i n g activities should be allowed within Eden Pr a i r i e . S i n c e t h e i r f i r s t m e e t i n g o n May 4, 1989, Committee members have exami n e d a v a r i e t y o f i s s u e s a s s o c i a t e d with lawful gambling activities. Informat i o n a n d c o m m e n t s f r o m s e v e r a l resource persons, residents at a public me e t i n g , s t a f f r e s e a r c h , a n d p e r s o n a l experience have contributed to the Committ e e r e c o m m e n d a t i o n s . By a 4 - 2 majority, the Committee member s r e c o m m e n d t h a t n o l a w f u l g a m b l i n g a c t i v i t i e s requiring a State License be allowed with i n E d e n P r a i r i e . T h e r e a s o n s f o r t h i s conclusion will be discussed more fully l a t e r . I f t h e C i t y C o u n c i l w e r e t o decide that some forms of lawful gambling s h o u l d b e p e r m i t t e d , C o m m i t t e e members have suggested guidelines under whi c h l i c e n s e s s h o u l d b e a p p r o v e d . Types of Lawful Gambling: The State of Min n e s o t a a l l o w s f i v e l a w f u l g a m b l i n g activities. These activities include bingo , p u l l t a b s , r a f f l e s , t i p b o a r d s , a n d paddlewheels. Fraternal, religious, vete r a n s , o r n o n - p r o f i t o r g a n i z a t i o n s which qualify for tax-exempt status under S e c t i o n 5 0 1 ( c ) ( 3 ) o f t h e U . S . I n t e r n a l Revenue Code are the only groups which ma y c o n d u c t l a w f u l g a m b l i n g . State statutes and administrative rules p r o v i d e a s y s t e m t o e n s u r e t h a t g a m e s are run fairly and gambling revenues are u s e d a p p r o p r i a t e l y . Lawful gambling is a big business in Minn e s o t a . R e s i d e n t s s p e n d a n e s t i m a t e d $1 billion on gambling per year. The acti v i t i e s w h i c h g e n e r a t e t h e m o s t revenue are pulltabs and bingo. Licenses Required: The State of Minnesota h a s e s t a b l i s h e d t h r e e t y p e s o f 11-Ein'ses which may be issued for one year t o c h a r i t a b l e o r g a n i z a t i o n s . C l a s s A licenses allow an organization to conduct a l l f i v e l a w f u l g a m b l i n g a c t i v i t i e s . Class B licenses allow each gambling activ i t y e x c e p t b i n g o . A C l a s s C l i c e n s e permits an organization to conduct only bi n g o . A v a r i e t y o f e x e m p t i o n s e x i s t for several types of one-time or infrequent g a m b l i n g o c c a s i o n s a s s p e c i f i e d i n Chapter 349 of Minnesota Statutes. For t h e s e e x e m p t e d a c t i v i t i e s , organizations must receive a certificate fr o m t h e S t a t e a n d n o t i f y t h e municipality at least 30 days before the e v e n t . The State of Minnesota issues a license o r c e r t i f i c a t e a f t e r c o n d u c t i n g a background investigation of the applicant t o d e t e r m i n e t h e f i t n e s s o f t h e organization and the applicability of any a d d i t i o n a l l o c a l r e g u l a t i o n s . I n addition to meeting the test for being an e l i g i b l e t y p e o f o r g a n i z a t i o n , t h e applicant must have been in existence at l e a s t t h r e e y e a r s a n d h a v e a t l e a s t 1 5 active members. Z S ? - 2 - Local Regulation: According to M.S. 349.213, subd. 1, "a statutory.. .City... has the authority to adopt more stringent regulation of any form of lawful gambling.. .,including the prohibition of any form of lawful gambling, and may require a permit for the conduct of gambling except from licensing." In a recent opinion in response to questions from the City of Cloquet, the Minnesota Attorney General emphasized that local regulations may apply only to the form of gambling -- i.e., the types of games and how they are conducted -- and not to the organizations which may conduct gambling activities. Further, a city may only specify how up to ten percent of net profits must be spent; an organization has discretion for use of the remaining ninety percent. One further local power to limit gambling exists in this section of the statute. An organization must notify a city when it makes an application for a State license. Within 60 days, a city council may adopt a resolution to deny the license application. Without disapproval during this time, the license request is considered to have local approval. Study Process: Committee members consulted a variety of resources in order to make recommendations within the legal framework summarized above. Several persons presented information and opinions to the Committee: Chuck Anderson, Minnesota Department of Revenue, Charitable Gambling Division Lt. Les Bridger, Eden Prairie Police Department Bill Nelson, Wayzata Lions Club Don Storm, Minnesota State Senator, District 42 Duaine Denman, Eden Prairie American Legion Post #409 At a public meeting held June 15, 1989, persons spoke on behalf of the following groups: Academy for Artistic Gymnastics Booster Club Eden Prairie American Legion Post 409 Eden Prairie American Legion Post 409 Auxiliary Eden Prairie Lions Club Eden Prairie Ministerial Association Speak Again - Tracheotomies and Laryngectomies Private residents (two) Committee members also shared several articles and legal opinions. From this broad range of information presented verbally and on paper, Committee members considered the benefits and drawbacks of lawful gambling activity. Recommendation Not to Allow Lawful Gambling: A majority of Committee members recommend that the City Council adopt an ordinance which would not allow within Eden Prairie the issuance of Class A, B, and C licenses as described in Minnesota statutes. Lawful gambling activities which are allowed with exemption certificates from the State should be allowed within the City. The drawbacks to lawful gambling outweigh the benefits from the proceeds of these activities. The issues involved are both practical and philosophical. gos7 - 3 - Fundraising: Lawful gambling is an effective fundraising activity. As trends in government spending show a reduced scope of responsibility f o r s o c i a l services, charitable organizations have been identified as ones whic h c a n f i l l a vacuum. They can use proceeds from a variety of sources to addres s existing and emerging community needs. A substantial part of the gross revenues from gambling are returne d t o players as winnings. The remaining funds must go toward administr a t i v e expenses, taxes, and charitable giving. During the 1989 session o f t h e Legislature, new laws were adopted for taxation of lawful gamblin g . T h e e f f e c t of these new laws is to reduce the amount of net proceeds for char i t a b l e purposes to 4.5 to 5.0 percent of gross revenue. The effort requi r e d b y organizations to gain this revenue is tremendous compared to the p r o f i t t h e y receive. Revenues from lawful gambling are variable over time. Organization s conducting lawful gambling and recipients of their charity may bec o m e dependent on gambling receipts for their on-going operations. Shor t f a l l s w i l l cause problems. Experience in other states with such lawful gambli n g opportunities as pulltabs, lotteries, and pari-mutuel betting sugg e s t s t h a t gambling is an entertainment fad. After a few years revenues begin t o d r o p as the novelty for gambling wears off. With the coming of a lotter y i n Minnesota, an activity with larger prizes than the other forms of l a w f u l gambling allowed by Statute, it is possible that the money resident s m a y s p e n d in lawful gambling could decrease further. Traditional fundraising efforts, those which reward commitments of t i m e a n d energy, result in greater overall public service. Gambling as a fun d r a i s i n g activity appeals more to people who enjoy gambling than to those pe r s o n s w h o wish to give for particular causes. It is a convenient way to raise f u n d s , b u t the motives among the participants are not necessarily charitable. Patronage Questions: It is a common perception that persons who participate in lawful gambling activities are ones with low to moderate amounts of discretionary income. Eden Prairie residents, most of whom are in t h e m i d d l e to upper end of the socio-economic scale, are not in a group likely t o patronize these gambling operations. Many of the players of these g a m e s w o u l d not be residents of Eden Prairie, but rather people who come into Ed e n P r a i r i e for entertainment and recreation. The number of players, and consequ e n t l y the amount of revenue, from gambling activity is likely to be less t h a n proponents have estimated. How Fairly are the Games Operated?: According to a representative of the Minnesota Department of Revenue, a number of practices exist which g o a g a i n s t the legal operations of gambling as described in statutes and admi n i s t r a t i v e rules. Pulltab sellers may alert friends that a sizable pot remai n s w i t h j u s t a few pulltabs remaining. Sellers may not record the serial numbe r s o f e a c h pulltab game played, thus underreporting the amounts to be taxed a n d t o b e contributed to charities. These are examples of cheating the play e r s b e c a u s e their chances for a fair shot at the winnings is compromised. Add i t i o n a l l y , persons who play these games with the belief that their losses wil l g o t o charities may see their gifts go to less than reputable operators. Evidence of illegal operations is mounting. The Minnesota Legisla t u r e h a s not demonstrated its commitment to provide adequate staff and fina n c i a l resources for proper policing and regulation of lawful gambling. B y a l l o w i n g lawful gambling in Eden Prairie, the City would be providing more opportunities for improper operations and fraudulent use of revenue s . ciA - 4 - Any Organization Can Do It: The recent Minnesota Attorney General's op i n i o n states that cities cannot specify the types of organizations which can operate lawful gambling. The City Council may not, for example, restr i c t licenses only to those organizations based within Eden Prairie, nor ma y i t specify how to use more than ten percent of the net proceeds. A poten t i a l exists for most of the profits to be used outside of the City. It has been suggested that if Eden Prairie were not to allow these activities, its island-like status would result in having these additi o n a l charitable proceeds being given in some other community. While this argument has merit, it is not necessarily true. As Minnetonka and Edi n a do not allow lawful gambling, Eden Prairie would be part of a larger, contiguous island. Nothing exists in statutes or administatives rule s t o assure that any more than ten percent of net proceeds would remain within the City, and Committee members have pointed out that the amou n t a n d reliability of proceeds is questionable. Charitable contributions ar e already made to the Eden Prairie community by a number of dedicated c i v i c organizations. The absence of lawful gambling does not mean that civ i c g i v i n g would cease. Costs: In addition to the drawbacks mentioned thus far, lawful gambl i n g entails a variety of other costs. Some are tangible and incurred now ; o t h e r s , less tangible and paid in the future. Monitoring gambling activities w i l l require dedication of staff time from the Police Department. Revenues f r o m the City tax allowed by statute probably would not cover the City's cos t s f o r administration and enforcement. Establishments with gambling activitie s , and particularly bingo halls, can produce sizable amounts of traffic to t h e community's already congested road system. Social costs may be difficu l t t o measure, but they are real. Less money for family needs can result in a b r o a d range of problems requiring immediate family intervention. Gambling ca n b e an addictive activity which affects the family, employers, and society a t large. Not only are there disruptions at home and the workplace which s p i l l over and affect more persons than the gambler alone, but costs are bor n e b y the public for treatment of this condiLion. While disallowing gamblin g i n Eden Prairie will not remove other opportunities to gamble, in a small w a y t h e City could reduce the costs resulting from gambling. Other Remarks: The Committee's recommendation not to allow lawful ga m b l i n g iriTounded in practical and philosophical considerations. To allow l a w f u l gambling would be for the City Council to endorse a value of opportuni s m and luck for the rest of the community. To do so would invite the undesirable aspects of gambling into the hospitality and entertainment establishments patronized by Eden Prairie residents. In making this recommendation, the Committee is not making any value judgment about t h e respect the community holds for any organization, nor is it casting any doubt about an organization's competence to conduct lawful gambli n g operations. Simply, a majority of the Committee does not favor conti n u o u s lawful gambling activities. Guidelines if Lawful Gambling is Permitted: The Eden Prairie City C o u n c i l h a s already approved a number of CTiss A and Class C licenses for activi t i e s a t t h e Eden Prairie American Legion Post No. 409. Inasmuch as lawful gambl i n g e x i s t e d prior to the Committee's deliberations and it appears likely that th i s l e v e l o f activity would be accepted by the community in the future, the Commi t t e e h a s developed guidelines when considering new license applications and renewals. ,Z) 0 -5- Several good reasons exist to allow lawful gamb l i n g . I t p r o v i d e s c h a r i t a b l e organizations with an opportunity to obtain more m o n e y t o g i v e t o a v a r i e t y o f worthwhile activities. These groups may provi d e a number of services which are no longer funded by government activities. For a n u m b e r o f p e o p l e , l a w f u l gambling is a form of entertainment; indeed, a n i g h t o f p l a y i n g b i n g o o n t h e average costs as much as a night's entertainment a t a m o v i e t h e a t e r , s p o r t s event, or restaurant. One could consider it w o r t h w h i l e t o h a v e a n a c t i v i t y which results in charitable contributions from p e r s o n s w h o m i g h t o t h e r w i s e h a v e no inclination to make them. A number of comments have been made that gover n m e n t s s h o u l d i n t e r f e r e a s little as possible with the morality and choices o f t h e i r c i t i z e n s ; l i m i t i n g lawful gambling is an inappropriate governmen t a l i n t r u s i o n . P e o p l e c a n s h o w their sentiments against gambling by not parti c i p a t i n g i n t h e g a m e s a n d n o t accepting gifts made possible by gambling prof i t s . M i n n e s o t a n s h a v e i n d i c a t e d their desire to gamble by approving a constitu t i o n a l a m e n d m e n t t o a l l o w a lottery. The Legislature has spoken for the M i n n e s o t a c o m m u n i t y b y permitting lawful gambling subject to a compreh e n s i v e s e t o f s t a t u t o r y and administrative controls. Residents should have a w i d e r a n g e o f c h o i c e s i n their activities and how they wish to raise fun d s . The following are the proposed guidelines: 1. Use of proceeds: The City shall specify that at l e a s t t e n p e r c e n t of net proceeds be used for human services needs w i t h i n t h e C i t y of Eden Prairie. These proceeds should be direc t e d t o P R O P u n l e s s PROP is unwilling or unable to use these funds. I n t h e e v e n t t h a t PROP does not receive the funds, the City Counci l s h o u l d h a v e t h e use of these funds overseen by the Eden Prairie H u m a n S e r v i c e s Coordinating Council. The City Council should s t a t e i t s s t r o n g preference that any proceeds from gambling act i v i t i e s b e u s e d t o address human services needs (and not for such t h i n g s a s p a r k acquisition or public safety equipment). 2. Organizations: Lawful gambling licensees must b e l e g a l l y c h a r t e r e d non-profit organizations certified by the Stat e o f M i n n e s o t a , h a v i n g written constitutions stating the purposes for t h e i r e x i s t e n c e , having been in existence in Eden Prairie for a t l e a s t t h r e e y e a r s with at least 15 members who hold their regula r b u s i n e s s m e e t i n g s within the City. (Realizing that this guidelin e m a y c o n f l i c t w i t h t h e recent Attorney General's opinion referenced e a r l i e r , t h e C o m m i t t e e u r g e s the City Attorney to review the law and encour a g e s t h a t a w a y b e f o u n d to implement this recommendation.) 3. Records: Licensees approved by the City must m a k e a v a i l a b l e t o the City all records the organization must sen d t o t h e S t a t e . T h e City would have all rights to review records wi t h o u t p r i o r n o t i c e or search warrants. Further, organizations wou l d b e r e q u i r e d t o send to the City on a monthly basis copies of b a n k s t a t e m e n t s a n d cancelled checks, as well as to provide records o f a l l u n i t s o f gambling purchased, sold, and remaining. These r e q u i r e m e n t s w o u l d provide the City with another level of investig a t i o n t o e n s u r e that gambling operations were being conducted p r o p e r l y . .206 -6- 4. City Tax: A City tax of 1.0 percent of gross receipts should be levied on activities conducted under a Class A, B, or C license. While State Statute allows a 3.0 percent City levy, it should be noted that the State now receives a 6.0 percent tax on gross receipts. A 9.0 percent tax by State and City would reduce the amount of proceeds available to charitable gambling so significantly that organizations would be discouraged to conduct lawful gambling. It is more important to have proceeds going to charitable uses than the City's general fund. 5. Locations: Committee members strongly believe that the number of locations where gambling would be allowed should be very limited. A reasonable standard to consider is one location per 10,000 residents. Because Eden Prairie's population is so close to 40,000, four locations could be permitted at this time. Additional criteria related to eligible locations include: a) In locations which have restaurant service, gambling activities must not be permitted in the dining, lobby, or cashier areas of the establishment. In on-sale liquor establishments, activities would be allowed only in the bar area. Gambling activities should not be allowed in what could be characterized as "family places", or areas of establishments where families would be present. b) An organization receiving a lawful gambling license should be allowed to conduct gambling activities at only one location within Eden Prairie. c) Only one license should be permitted to operate at a location. Locations at which multiple-licensees were permitted to operate prior to August 15, 1989 should be exempt from this limitation. When developing an ordinance to regulate lawful gambling, the ordinance adopted by the City of Minneapolis should be used as a model for technical provisions relating to permitted locations. 6. Bingo Hall Operations: All bingo halls should be allowed to conduct bingo activities no more than four days during the week. Committee members do not believe that the community wished to be associated with a seven-days-per-week bingo hall. Because most of the players probably would not reside in Eden Prairie, those persons arriving in cars and buses at the bingo hall would add significantly to traffic volumes on an already strained local and regional roadway system. If a bingo hall is successful, the traffic activity it generates could be incompatible with residential or neighboring land uses. 7. No Paddlewheel Games: Paddlewheel games (similar to a "Wheel of Fiirtune" wheel) are not often played in Minnesota. They are also games in which a relatively high level of cheating is done by game operators. Consequently, no paddlewheel games should be allowed under Class A and Class B licenses. 206A -'7- Committee members thank the City Council for t h i s o p p o r t u n i t y t o s e r v e t h e community. We have worked diligently with ma n y h o u r s o f s p i r i t e d d i s c u s s i o n . We were not unanimous with many of our recomm e n d a t i o n s . T h e y r e p r e s e n t majority or consensus viewpoints. Because Co m m i t t e e m e m b e r s r e p r e s e n t a wide set of perspectives, we have been able t o s u g g e s t w o r k a b l e a n d satisfactory methods to regulate lawful gamblin g i n E d e n P r a i r i e . Committee Members: Pat Breitenstein Paul Redpath Dan Dryer Merrill Ronning Jeff Olson Judy Schuck Jerry Johnson, Chair Staff: Craig W. Dawson, Assistant to the City Manage r 2063 MARCUS seitAkt tuti 5,1 Real Estate Development CORPORATION August 11, 1989 City of Eden Prairie Attn: Steve Durham 7600 Executive Drive Eden Prairie, MN 55344 Dear Mayor Peterson and Members of the City Council: We would like to request that the Mayor and Council plea s e review the Board of Adjustments decision regarding lot s i z e variances requested for 7808 Eden Prairie Road, the prop e r t y for which we are representing Carolyn "Connie" Anderson. T h e variance request number is 89-42. The Board denied our request determining that a hardship d i d not exist and that the Board did not want to create a precedent (they as a Board, separate from the City Counci l ) they had not yet created. We respectfully submit that we have shown hardship as defined at the City Council meetin g considering the Guide Plan, Zoning and Plat items. Sincerely, Mark O. Senn MOS/bjm 10001 Wayzata Blvd. • Suite 100 • Minnetonka MN 55343 • (612) 593-1177 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-182 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 52-144 Bluff Road bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and, WHEREAS, the City Engineer recommended award of contract to: Richard Knutson, Inc. as the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Richard Knutson, Inc. in the name of the City of Eden Prairie in the amount of $361,441.07 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on August 15, 1989. Gary Peterson, Mayor John D. Frane, Clerk ATTEST SEAL: 117 Hansen Thorp i I Pellinen Olson Inc. 71 a I I Consulting Engineers & Land Surveyors August 11, 1989 City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Attn: Alan Gray, P.E. Re: I.C. 52-144 Bluff Road Dear Mr. Gray: Bids were received and opened at 10:00 a.m. on Thursday August 10, 1989, for the above referenced project. The bids are shown on the attached Summary of Bids. The estimated construction cost in the feasibility report was $450,850.00. The low bidder, Richard Knutson, Inc. came in well below this estimate at $361,441.07. The feasibility study estimate was based on average unit prices typical to past Eden Prairie projects. On this project a significant shift from average prices occurred in the open bidding market, particularily in the grading and storm sewer costs. The majority of participating bidders have been successful low bidders on recent Eden Prairie work, and/or have their equipment and manpower readily available, and are evidently aggressively pursuing late summer work. Coupling this with a somewhat reduced scope of work from the feasibility report (elimination of a section of water main, sidewalk, and certain utility services) has yielded a very favorable low bid. Recommendation is made that the City Council award Improvement Contract 52-144 to Richard Knutson, Inc. in the amount of $361,441.07. This recommendation considers the receipt of a favorable bid below the feasibility report estimate and that the City Council reserves the right to award the contract in the best interests of the City. Respectfully, HANSEN THORP PELLINEN OLSON INC. jabtiC C/141.2.071-n Laurie A. Johnson, P.E. LAJ/kjs enclosure (612) 829-0700 • 7565 Office Ridge Circle • Eden Prairie, MN 55344-3644 SUMMARY OF BIDS I.C. 52-144 DESCRIPTION: Bluff Road BIDS OPENED: August 10, 1989 10:00 A.M. CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER Richard Knutson, Inc. Nodland Construction Landwehr Heavy Moving S.M. Hentges Northdale Construction Brown & Cris J.P. Norex G.L. Contracting BID SECURITY Yes 5% Yes 5% Yes 5% Yes 5% Yes 5% Yes 5% Yes 5% Yes 5% TOTAL AMOUNT $ 361,441.07 $ 376,346.50 $ 384 451.00 $ 389,112.30 $ 391,563.70 $ 393,288.20 $ 416,455.15 $ 468,948.20 The undersigned recommend award of Contract to: Richard Knutson, Inc. as the lowest responsible bidder for this Improvement Contract. (JOlat ./ a. Consulting ;ineer Alan D. Gray, P.E. City Engineer CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89 -183 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 52-171 Sanitary Sewer, Storm Sewer, Watermain and Street Improvements Country Glen (RCM Project No. 10043.01) bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to Nodland Construction Co., Inc. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Nodland Construction Co., Inc. in the name of the City of Eden Prairie in the amount of $266,822.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on Gary Peterson, Mayor ATTEST: SEAL: John D. Frane, Clerk g William B. Cook, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. August 14, 1989 Mr. Alan D. Gray, P.E. City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Country Glen Subdivision I.C. 52-171 RCM Project No. 10043.01 Dear Mr. Gray: Bids were opened on August 10, 1989 for the above referenced project. The low bid for the project was submitted by Nodland Construction Co., Inc. in the amount of $266,822.00. This is approximately 6% below the engineer's estimate of $285,000 based upon the final design. The developer's cost estimate, based on their preliminary plat as listed in their petition, was $201,318. The final design of the sanitary sewer added some minor manhole and sewer quantities to account for a $5,500 increase beyond the developer's preliminary estimate. The watermain portion of the project included four additional hydrants and two additional valves more than the developer's estimate to account for the $9,527 difference between the low bid and the developer's preliminary estimate. The street and storm sewer portion of the project was bid at $48,467 more than the developer's preliminary estimate. The final design included $28,525 of subgrade replacement and materials required if unsuitable subgrade materials are encountered during construction. The sto:m sewer bid was $12,130 more than the developer's estimate due to the addition of catch basins, three manholes and drain tile. Surface restoration and miscellaneous items added $7,270 to the developer's estimate. A summary of the eleven bids received is attached. The number of bids and the grouping of the lowest nine bids indicate that the bidding process was competitive and that rebidding this work would not likely result in lower bid prices. We theiefore recommend award to Nodland Construction Co., Inc. in accordance with their submitted bid. Sincerely, WBC/jj Enclosures [IT rieke carroll muller associates, inc. engineers arthrlects land surveyors equal opporlundy employer 10901 red curie drive box 130 minnetonka. minnesota 55343 612-935-6901 COUNTRY GLEN EDEN PRAIRIE I.C. NO. 52-171 RCM PROJECT NO. 10043.01 BID OPENING: August 10, 1989 10:00 A.M. BIDDER BID SECURITY TOTAL BID Nodland Construction 5% $266.822.00 Northdale Construction 5% $272.071.70 Annandale Contracting 5% 5% $285,655.65 $294,257.70 Barbarossa and Sons Brown & Cris 5% $294,339.10 Richard Knutson, Inc. 5% $296,189.11 F.F. Jedlicki 5% $297,194.50 S.M. Hentges & Sons 5% $304,745.00 J.P. Norex 5% $306,695.75 B & D Underground 5% $316,489.00 G.L. Contracting 5% $368,964.80 LOAN O. MAN AGREE24ENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF EDEN PRAIRIE FOR HIGHWAY RIGHT-OF-WAY ACQUISITION THIS AGREEMENT is entered into this day of , 1989, by and between the Metropolitan Council, heigiTafter referred to as the Council, and the City of Eden Prairie, hereinafter referred to as the "Recipient." WHEREAS, the Council has been authorized by Minnesota Statutes section 473.167, subdivision 2a, to make hardship loans to acquiring authorities in the Metropolitan Area for the purpose of acquisition of homestead property within a proposed state trunk highway right-of-way or project and to provide relocation assistance, and to use the Metropolitan Right-of-Way Acquisition Loan Fund for this purpose; and WHEREAS, the Recipient, an eligible acquiring authority, has applied for such a loan to accomplish the acquisition of homestead property from and to provide moving costs to owners of homestead property burdened by circumstances that constitute a hardship because of their inability to sell the property within the proposed right-of-way of Trunk Highway 212; and WHEREAS, the Council has authorized that such a loan be made from the Metropolitan Right-of-Way Acquisition Loan Fund. NOW, THEREFCPE, in consideration of the mutual promises and covenants herein and the Council's agreement to loan funds to Recipient hereunder, the Council and the Recipient agree as follows: 1. Loan Funds A. The Council shall loan to the Recipient, in accordance with the schedule set forth below, a total loan amount not to exceed $99,350.00. The total loan amount is reduced by a salvage value of $0.00. B. Loan funds shall be made available to the Recipient as follows: (1) Upon execution of this loan agreement, $96,500.00 shall be paid to the Recipient for acquisition of that parcel of real property, including any buildings or structures, described in Exhibit A, which is attached hereto and made a part hereof. (2) Upon receipt by the Council of satisfactory and complete documentation respecting Recipient's actual appraisal and title evaluation costs and moving costs paid to the owners of the homestead property, such actual costs and payments shall be paid to the Recipient, provided however, that the amount paid for such costs shall not exceed $2,850.00. 2. Authorized Use of Loan Proceeds The parties agree that loan proceeds may be used only for the following purposes: -2- A. The costs of acquiring the parcel of land described in Exhibit A. B. The costs incurred by the Recipient to appraise the property and to conduct a title evaluation. C. Moving costs incurred by the owners of the homestead property reimbursed by the Recipient. 3. Accounting A. Separate Account. The Recipient agrees to establish and maintain separate, accurate, and complete records and accounts relating to the receipt and expenditure of any and all loan funds. Such accounts and records shall be kept and maintained for a period of at least three (3) years following discharge cf the loan. B. Audit. The above accounts and records of the Recipient shall be audited in the same manner as all other accounts and records of the Recipient are audited, and may be audited and/or inspected on Recipient's premises or otherwise by individuals or organizations designated and authorized by the Council at any time following reasonable notification during the loan period and for a period of three (3) years following final loan discharge. 4. Reports A. Acquisition Report. The Recipient agrees that upon completion of the acquisition, the Recipient will submit to the Council an acquisition report, in a format to be determined by the Council, summarizing the acquisition costs of the property, including all eligible Expenses and moving costs. B. Annual Report. The Recipient agrees to submit, on or before June 30 of each year during which this agreement is in effect, an annual report on the status of the loan, in a form to be determined by the Council. 5. Income The Recipient agrees to transfer to the Council, within 30 days of receipt, all net rents or other money received as a result of Recipient's ownership of the property. "Net rents" shall be defined as the total gross rent received from any and all tenants or users of the property, less the actual costs for necessary maintenance, repairs, taxes, insurance, operating expenses, and attorneys' fees associated with preparing or terminating any lease with respect to the property. It is agreed that in no event shall such costs exceed 15% of gross rent. For any given payment to the Council, the Recipient may estimate the actual costs to be deducted from gross rent, provided that such estimate shall not exceed 15% of the gross rent received. Twelve months from the comencement of receipt of any rent by the Recipient from any property acquired with loan proceeds, the Recipient shall provide, in a form acceptable to the Council, documentation for all actual costs for necessary maintenance, repairs, taxes, insurance, operating expenses, and -3- attorneys' fees with respect to the property. Upon verification and acceptance of the documentation by the Council, the Recipient shall pay to the Council the amount, if any, determined by the Council to be necessary to adjust the estimated deduction from gross rent to reflect the actual costs. 6. General Conditions A. Duration. The loan award specified herein shall commence on the execution of this agreement and remain in force and effect until the loan is discharged. B. Discharge. The Recipient agrees to pay to the Council, within 30 days of receipt, the amounts received by the Recipient upon the occurrence of any of the following event(s): (1) If the property purchased with the loan funds made available herein is conveyed to a highway authority for construction of a highway, the Recipient shall repay to the Council the amount received from the highway authority for the property. The amount to be repaid shall include the amount actually disbursed pursuant to article 1, paragraph B, subparagraph (2) attributable to the property. (2) If the Council notifies the Recipient that the plan to construct the highway has been abandoned or the anticipated location of the highway has changed, the Recipient shall repay the fair market value of the property as determined by sale of the property in accordance with procedures required for the disposition of property. No such sale shall be valid without the prior approval of the Council. (3) If the property for any other reason is sold, or if the Recipient materially breaches any term of this agreement, the Recipient shall repay the amount specified in article 1, paragraph B, subparagraph (1) and the amount actually disbursed pursuant to article 1, paragraph B, subparagraph (2). The Council agrees to notify the Recipient of any such breach and to provide a reasonable opportunity to cure. The Council agrees that upon payment of the specified amount it will discharge the loan. C. Interest. The loan made herein shall bear no interest. D. Agreement and Restrictive Covenant. The Recipient and the Council each agree that they will execute, and the Recipient agrees that it will cause to be recorded at its own expense, an agreement and restrictive covenant with reference to each parcel of land in which an interest is acquired in whole or in part from grant proceeds. The agreement and restrictive covenant shall be substantially in the form contained in Exhibit B, which is attached hereto and made a part hereof. It is the purpose of such agreement and restrictive covenant to limit the right of the Recipient to convey or encumber land or interests in land acquired with loan proceeds without the consent of the Council, and to insure that such lands and interests therein be devoted exclusively to the state highway purposes for which they were acquired. -4- E. Agreement to Convey. The Recipient agrees that upon the request of the authority authorized to construct the highway for which this right of way has been reserved, the Recipient will convey the property to the authority at the same price (including costs of appraisal and title examination) which the Recipient paid for the property. F. Rights Reserved. In the event that the Council finds that there has been a failure to comply with the provisions of this agreement, the Council reserves the right to take any and all actions as it deems necessary or appropriate to protect the Council's interest, provided that the Council agrees to notify the Recipient of any such failure to comply and to provide a reasonable opportunity to comply. G. Amendments. The terms of this agreement may be changed or modified by mutual agreement of the parties hereto. Such changes or modifications shall be effective only upon the execution of written amendments signed by authorized representatives of the Council and Recipient. H. Compliance with Certain Laws. The Recipient agrees to comply with all applicable laws relating to nondiscrimination and affirmative action in public purchasing, contracting, and employment. In particular, the Recipient agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and to take affirmative action that applicants and employees are treated equally with respect to all areas of employment, rates of pay and other forms of compensation, and selection for training. I. Property Maintenance. The Recipient agrees to make reasonable efforts to maintain the property acquired with loan funds provided hereunder in a manner compatible with the surrounding environment, as appropriate. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. Approved as to form MUMFOLITAN CCUNCIL BY Assistant Counsel David Renz, Executive bifector CITY OF EDEN PRAIRIE By Mayor By City Manager LM790A EXHIBIT A LEGAL DESCRIPTION Lot 5, Block 2, Eden School Addition, Hennepin County, Minnesota. Including any buildings or structures thereon. A-1 I., Plat Map I lot T-E Wort:: 76714;nu ?•,t r. 78TH ST 7 1 Lt.23 ;:. (:,, k •( A A IF dff 7 4 4. NOS. A/ RI )) I Sl •0 A-2 EXHIBIT B AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of party of the first part, and the Metropolitan Council of the State of Minnesota, party of the second part. WITNESSETH: WHEREAS, Party of the first part has acquired (describe here nature of interest) in the real property, described on Exhibit A attached hereto and incorporated herein; and WHEREAS, Party of the second part has contributed funds toward the acquisition of said interest in said real property pursuant to its Loan Program and a Loan Agreement with party of the first part as authorized by Minnesota Statutes S 473.167; and WHEREAS, Said Loan Program was established pursuant to said law to provide for the acquisition of homestead property within a proposed state trunk highway right-of-way or project from owners of such property who suffer a hardship because of their inability to sell such property because of its location. NOW, THEREFORE, in consideration of the grant heretofore made by second party to first party as aforesaid and in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows: NO sale, lease, mortgage or other coveyance, nor the creation of any easement, restriction or other encumbrance against the above-described real property shall be valid for any purpose unless the written approval of the Metropolitan Council or its successors is duly filed and recorded at the time of the filing and recording of the instrument to which such approval pertains, nor shall said real property be used for any purpose except Trunk Highway 212 unless the Metropolitan Council or its successors shall consent to such other use or uses by instrument in writing duly filed and recorded and designating the nature, extent and duration of the use for which such consent is given. This Agreement and Restrictive Covenant may be enforced by the Metropolitan Council or its successors or by any citizen residing within the metropolitan area as then defined by appropriate action in the courts of the State of Minnesota. B-1 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their respective names all as of the date first above written. Approved as to form METROPOLITAN COUNCIL By CITY OF By Approved as to form Mayor By City Attorney City Manager I/4790A B-2