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HomeMy WebLinkAboutCity Council - 11/07/1989AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 7, 1989 CITY HALL COUNCIL CHAMBERS, 8:00 PM 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard 4nderson, Jean Harris, Patricia Pidcock and Dougl a s 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 Chri s Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Direct o r of Public Works Gene Dietz, and Recordin g Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special City Council meeting held Tuesday, November 21 1988 Page 3030 B. Special City Council meeting held Tuesday, January 24, 1989 Page 3035 C. Special City Council meeting held Tuesday, July 11, 1989 Page 3039 D. Joint City Council/Flying Cloud Airport Advisory Commission meeting Page 3044 held Tuesday, October 10, 1989 E. Regular City Council Meeting held Tuesday, October 17 1989 Page 3049 F. Special City Council Meeting held Tuesday, October 24 1989 Page 3063 G. Special City Council Meeting held Thursday, October 26 1989 Page 3071 III. CONSENT CALENDAR A. Clerk's License List B. Final Plat Approval of Starring Highland (Resolution No. 89-235) Page 3079 C. Permit to Connect to MWCC Facility in Fairfield 2nd (Resolution Page 3081 89-232) Page 3078 D. Approve Supplement No. 1 to Agreement No. PW 32-49-85 CSAH 62 Page 3083 (Resolution No. 89-2U) E. Change Order No. 4 Hidden Glen Third Addition/Wyndham Crest I.C. 52-102 I.C. 52-129) Page 3087 City Council Agenda - 2 - Tues.,November 7, 1989 F. Transfer of CDBG Scattered Site Housing Funds to Housing Rehabilitation Program G. Resolution Declaring the Week of December 3 - 9 1989 as "Cities Fight Back Against Drugs Week"-TResolution No. 891) H. HIWAY 494/CROSSTOWN RACQUET, SWIM AND HEALTH CLUB by Northwest Racquet, Swim and Health Club, Inc. 2nd Reading of Ordinance No. 51-88, Zoning District Change from Rural to Community Commercial on 2.2 acres and Zoning District Amendment within the Community Commercial District on 9.73 acres with variances to be reviewed by the Board of Appeals; Approval of Supplement to Developer's Agreement; and Adoption of Resolution No. 89-237, Authorizing Summary of Ordinance No. 51-88 and Ordering Publication of Said Summary. 9.73 acres into one lot, and 6.4 acres into one lot, one outlot, and road right-of-way for construction of a 21,500 square foot addition to the health club and an additional parking lot. Location: East of Baker Road, north of Holasek Lane. (Ordinance No. 51-88 - Rezoning and Zoning District Amendment; Resolution No. 89-237 - AuthorizIng Summary and Publication) I. CRESTWOOD '89 by Alex Dorenkemper. 2nd Reading of Ordinance No. 30- Page 3101 89, Zoning District Change from Rural to R1-22 on 0.84 acres with variances to be reviewed by the Board of Appeals; Approval of Land Hold Agreement; and Adoption of Resolution No. 89-239, Authorizing Summary of Ordinance No. 51-88, and Ordering Publication of Said Summary. 2.17 acres into 2 single family lots. Location: North of Dell Drive. (Ordinance No. 30-89 - Rezoning; Resolution No. 89-239 - Authorizing Summary and Publication) J. Final Plat Approval of Crestwood '89 (Resolution No. 89-236) Page 3106 K. BURNETT ADDITION by Transtar. Approval of Developer's Agreement for Burnett Addition. 4.57 acres into 9 single family lots. Location: 9940 Bennett Place. Page 3108 L. Updated Appraisal of Jacques Property M. TECH 10 by Hoyt Development Company. 2nd Reading of Ordinance No. 39-89, Zoning District Change, from Rural to 1-2 on 5.6 acres; Approval of Developer's Agreement for Tech 10; and Adoption of Resolution No. 89-240, Authorizing Summary of Ordinance No. 39-89 and Ordering Publication of Said Summary; and Adoption of Resolution No. 89-247, Site Plan Review for Tech 10. 5.6 acres into one lot, Site Plan Review of 5.6 acres for construction of a 73,806 square foot office warehouse. Location: 74th Street and Golden Triangle Drive. (Ordinance No. 39-89 - Rezoning; Resolution No. 89-240 - Authorizing Summary and Publication; Resolution No. 89-247 - Site Plan) Page 3112 Page 3133 N. Final Plat Approval of Tech Park 7th (Resolution No. 89-234) O. Resolution No. 89-246 Authorizing State Grant-in-Aid Snowmobile Trails Page 3141 Page 3143 Page 3090 Page 3091 Page 3092 City Council Agenda - 3 - Tues.,November 7, 1989 P. CARDINAL CREEK 3RD ADDITION by GAC Partners. 2nd Reading of Ordinance No. 32-89, Zoning District Change from R1-13.5 to RM-6.5 for Cardinal Creek 3rd Addition; Approval of Addendum to Developer's Agreement for Cardinal Creek 3rd Addition; and Adoption of Resolution No. 89-243, Authorizing Summary of Ordinance No. 32-89 and Ordering Publication of Said Summary. Location: Stonewood Court, south of Cardinal Creek Road (Ordinance No. 32-89 - Rezoning; Resolution No. 89-243 - Authorizing Summary and Publication) Page 3144 IV. PUBLIC HEARINGS A. PUBLIC STORAGE by Public Storage, Inc. Request for Guide Plan Page 3150 Change from Low Density Residential to Office on 1.09 acres and from Low Density Residential to Neighborhood Commercial on 1.09 acres and from Low Density Residential to Industrial on 3.10 acres, Zoning District Change from Rural to Office on 1.09 acres, and from Rural to Neighborhood Commercial on 1.09 acres and from Rural to 1-2 on 3.10 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 5.28 acres into 3 lots and road right- of-way, Site Plan Review on 5.28 acres for construction of 54,137 square feet of office, commercial, and industrial land uses. Location: West of County Road #18, south of the Preserve Village Mall (Continued Public Hearing from October 17, 1989) B. U.S. WEST by Armstrong, Torseth, Skold, and Rydeen, Inc. Request Page 3151 for Site Plan Review within the 1-2 Zoning District on 2.1 acres with variances to be reviewed by the Board of Appeals for construction of a 2,000 square foot building addition. Location: Southeast corner of Highway #5 and Fuller Road. (Resolution No. 89-241 - Site Plan Review) C. ROUND LAKE VIEW by Zachman Development Corporation. Request for e 3 158 Comprehensive Guide Plan Amendment from Low Density Residential to age Medium Density Residential on 14.6 acres for a future single family development. Location: North of Valley View Road, north and west of Duck Lake Road. (Resolution No. 89-242 - Comprehensive Guide Plan Amendment) D. REFUNDING OF $2,050,000 MID8 OF 1984 FOR McGLYNN BAKERIES, INC. PROJECT (Resolution No. 89-244T E. VACATION NO. 89-15 - PART OF RIGHT-OF-WAY FOR LAKE SHORE DRIVE TResolution No. 89-2 -g-- F. VACATION NO. 89-16 - RAVEN WOOD 2ND ADDITION LOT 1-2-3-4, BLOCK 1, AND LOT -1-2-3-4 BLOCK -67Resolution No. 8g=726) V. PAYMENT OF CLAIMS Page 3170 VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Petition for Bike Path on Eden Prairie Road south of County Road 1 Page 3166 Page 3168 Page 3169 Page 3171 City Council Agenda - 4 - Tues.,November 7, 1989 VIII. REPORTS OF ADVISORY COMMISSIONS A. Waste Management Commission - Environmentally Acceptable Packaging Page 3177 Ordinance IX. APPOINTMENTS X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Councilmembers B. Report of City Manager 1. General Fund Financial Report, 3rd quarter 1989 Page 3179 C. Report of City Attorney 1. Proposed Lawful Gambling Policy D. Report of Director of planning E. Director of Parks, Recreation & Natural Resources F. Report of Director of Public Works G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT Page 3180 EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING UNAPPROVED MINUTES TUESDAY, NOVEMBER 21, 1988 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and George Bentley City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Parks, Recreation & Natural Resources Robert Lambert, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All Members Present I. DISCUSSION OF REPUT MI2OMEREUNSIVE, PApic PLAN Lambert reported that the purpose of the discussion was to obtain input from the Council on the plan. The Comprehensive Park Plan would become a working document as a chapter of the City's overall Comprehensive Guide Plan. The focus of the report was on land acquisition and setting a policy for the development of the parks and the trails within the City. Lambert noted that the policies were not new to the City; they had all been approved over the years, but had never been written in this type of a document. Staff wished to have the Council make any recommendations for changes in the document before the final draft would go to the Metropolitan Council for its approval. Bentley believed that something was missing from the report. He stated that this was simply a schematic outline. Bentley added that the City would reach a peak in population and questioned how the City would know if it had over-built the parks. He asked what criteria could be established to determine how many parks and trails were the right number for the City. Barry Warner of Barton Aschman Associates, consultant on the study, replied that this particular document was based on the predictions for the years 1995 and 2000. Warner stated that the report was written based on current trends, which may or may not hold true in the future. He added that Eden Prairie has not had the number of athletic facilities for the level of current demands. Neighborhood parks were used heavily at this time; however, at some point in the future that use would be relieved. Warner stated that there was no exact science to make these types of predictions. City Council Minutes 2 November 21, 1988 Lambert stated that Eden Prairie was still in a growth period and as the City becomes older, some of the parks will not be used for their original design and will need to have alterations. Bentley said that while the report made allowances for all of the above-mentioned factors, they were not specifically outlined in the document. Lambert replied that the City would definitely need Miller Park, Flying Cloud ballfields, and neighborhood parks. Bentley believed that criteria should be established and a policy set on what level of service for City Parks the City wanted to provide. Peterson asked how the level of need was determined. Lambert replied that two measures were used to determine the level of need: the City's level was compared to the national norm and was then compared to what the City of Eden Prairie had provided in the past. Lambert questioned where to draw the line. He added that every athletic association would tell the City that more facilities were needed for its particular sport. Staff had conducted a study for the last referendum on facilities in other cities and Eden Prairie was not in line with what other cities were providing. Bentley asked if the document was in a stage which would allow for discussion by the residents be changed if needs were determined. Lambert replied that the document had to be somewhat flexible and changes would be made annually. The format was written to be flexible and provided broad definitions. Warner added that this was a public policy issue regarding what level of quality the City wished to provide. Harris asked what evidence had been established that a golf course was something that the City should investigate at this time. Warner replied that a golf course is an expensive proposition; however, it could carry itself financially, once constructed. Based on per capita figures, approximately 8 courses could be supported in adjacent areas. The demographics of Eden Prairie had shown a higher level of golfers and, therefore, the market would be favorable for a golf course. The courses in surrounding communities were all doing well. Doug Tenpas, Councilmember-elect, believed that a golf course would be successful and added that it should be part of a City park system. Warner :Itated that various means were available to offset the initial capital outlay for a course. Anderson believed that parameters needed to be established regarding the extent to which the City wanted to become involved in golf. Anderson questioned if the City wanted to begin talking about the recreational needs for which the City Council Minutes 3 November 21, 1988 private sector also provided facilities. He noted that many municipal courses offered special activities for youths and senior citizens which were not met at the private courses. Anderson questioned what activities the City provided presently for the senior citizens. Peterson asked what the possibility was for redefinition of the use for the Community Center. Warner replied that the adult uses available at the center had been captured by the private sector and added that different activities for the youth and young families should be established because this Wdli ill ,: market for which the private sector could not afford to provide facilities. Pidcock asked what trends Staff saw coming in the future which were not being addressed by the report. Lambert replied that the last chapter of the report addressed the trends for the future. Pidcock stated that the City should be prepared to convert some of the present facilities for other uses. Bentley believed that incentives should be provided to the private sector to provide for recreational activities which were outside the City's sphere. Anderson believed that it was important for the City to look into providing a place for the youth of the community to have a place to go for entertainment with a good environment. Peterson stated that each athletic association had a different set of needs and many would say that the City was failing in providing adequate facilities. Peterson believed that it would be beneficial to provide some method for a community forum over a designated period of time. Lambert stated that Staff at some time had talked with all the associations and could predict what would be said at a public forum meeting. The vast majority of the associations were indifferent to the needs of other associations and due to the different levels of participation it was difficult to meet the needs of all of the groups. Lambert believed that the best was to meet the community needs was to provide a wide range of facilities. Peterson questioned if Staff could actually predict what would be said at such a meeting. Peterson added that many residents feel powerless because of the lack of a platform to address the issues. Anderson replied that a forum had been provided In 1980 when the City was building the Community Center, a survey had been conducted. Anderson believed that it was important for the City to determine where it wanted to go related to recreational facilities and to set a philosophy. Bentley believed that something should be added to the report to outline the process used to determine the needs. Warner stated that a -.urvey had been conducted as part of this report, neighborhood meetings were conducted to gain City Council Minutes 4 November 21, 1988 Information, and the associations had input into the report. Anderson believed that the future of the Minnesota River Valley National Wildlife Refuge was an issue which needed to be addressed as part of this Comprehensive Park Plan, as the river ran the entire length of the community. Anderson had questions about what was necessary to begin the process to preserve some of this area and believed that it was important for the City to formalize a policy related to this issue. Lambert replied that the City was responsible to acquire 161 acres of the river bottoms as part of a State plan for a preserve. Lambert concurred that a specific goal statement should be established. Anderson stated that a trail had been started. Anderson added that there was no facility at the present time to launch a boat on the river. Anderson stated that other trends which should he addressed would be mountain and trail bikes and batting cages at the ballfields to provide for better utilization of the ballfields. Bentley believed that once the document was In place the process toward a Park Bond Referendum should begin. Bentley stated that it was an excellent document and complimented Barry Warner and his staff. Warner stated that the document was basically policy based and should provide the City with a guideline for making future decisions. Pidcock asked if skeet and trap shooting should be included in the report. MOTION: Bentley moved, seconded by Anderson to approve the draft of the Comprehensive Open Space Plan with the addition of the recommendations of the Planning Commission. Motion carried unanimously. Bentley asked Lambert when discussions should begin regarding a bond referendum. Lambert replied that the document would be reviewed by the Metropolitan Council; however, the City should begin setting up a committee and begin informing the community. Peterson stated that the Council also needed to discuss a similar process for City Hall. MOTION: Anderson moved, seconded by Bentley to begin the process for a bond referendum based on the memo from the Parks, Recreation & Natural Resources staff. Motion carried unanimously. City Council Minutes 5 November 21, 1988 Anderson commented that several years ago a Hikeway\Bikeway Task Force had been established. Anderson was concerned about the needs of joggers, bikers, and walkers not being met. Anderson recommended that this task force be reinstated. The meeting adjourned at 7:00 PM. UNAPPROVED MINUTES SPECIAL MEETING EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 24, 1989 COUNCIL MEMBERS: CITY COUNCIL STAFF: 8:00 PM CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA MOTION:. Pidcock moved, seconded by Harris to approve the Agenda as published. Motion carried unanimously. II. DISCUSSION OF SOUTRWEST_AREA_STUDY Mayor Peterson introduced Don Brauer of The Brauer Group to present the Southwest Area Study. Peterson noted this would be the only Public Meeting regarding the study before it was forwarded to the Planning Commission for final consideration. Don Brauer stated that the Southwest Area Study would help provide an orderly development of the southwest area of the City. Brauer said the study accomplished the following: 1) documented the given conditions for proper development, 2) prepared a full development scenario, and 3) prepared an orderly development plan. Brauer stated that the roadway system was a major consideration in the phasing of development for the southwest area. Brauer stated that the logical order of development was to start in the northwest corner (Section 1A) and progress to the southeastern corner (Section 18) as the roads and City Council Minutes 2 January 24, 1989 utilities became available. Brauer presented the major constraints and parameters for development as outlined on Page 51 of the study. He believed that no more than 100 units in Sections lA and 1B should be constructed before the upgrading of County Road 4 and Highway 5 had occurred and that no more than 250 units be developed in Section lA before the looped roadway connection was complete between County Road 4 and Highway 5. Brauer said the study would be a guideline for the Planning Staff, Planning Commission, and City Council to use in reviewing the proposals. Brauer stated that approximately $2,000,000 could be assessed for the construction of Dell Road and Scenic Heights Road. Brauer recommended the area assessment method be used. Peterson asked for clarification on possible assessments for Dell Road and Scenic Heights Road. Steve Pellinen, Hansen Thorp Pellinen Olson, Inc., stated that the estimated construction costs for Dell Road and Scenic Heights Road would be approximately $4,000,000. Pellinen said that if oversizing was not done the estimated cost would be approximately $2,300,000. He added that 50% of the total cost or $2,000,000 was recommended to be assessed over the entire southwest area. Peterson asked if the property would be assessed as it was developed. Pellinen replied that as the subdivisions developed the assessments would be followed up through the feasibility process. Pidcock asked Pellinen how many miles the two streets would be. Pellinen replied approximately 4 miles. Lee Johnson, owner of property in sections lA and 1B, stated that he was concerned about constraints being placed on the property in Section 1A. Johnson said that in the past the limiting factors had been sewer and water. Johnson believed that the restriction currently being placed on the property, that active grading or development could not be performed until the Highway 5 and Dell Road intersection was upgraded, was an unfair restriction. Johnson believed that development should run concurrent with the road improvements and limits should be related to the occupancy of houses. Johnson believed there was a more economical approach to the sewer system and would be discussing alternatives with the Engineering Department. Bob Smith, Ron Krueger and Associates, representing property owners in the southwest area, asked if the area outside the MUSA Line would be assessed. Smith asked to have a front footage assessment considered versus the area assessment proposed. Brauer replied that deferment of assessment outside the MUSA Line was a valid question; however, that would not be 2 h ,"/ City council Minutes January 24, 1989 determined until further along in the development. He added the areas in question, Sections 2A and 3, would not be developed until after Sections lA and 1B had been connected. Brauer believed the entire area should be assessed as an area assessment, similar to the system currently used for sanitary sewer and trunk watermains for undeveloped areas. Richard Feerick, a developer, stated that the study indicated that if safe access were provided into section 1A, development could occur as early as late fall 1989 with housing development in 1990. Feerick added that the construction of Highway 5 should begin approximately October 1989, which should provide adequate access fur housing development to begin in 1990. Feerick believed the proper location of Dell Road was significant to the southwest area. Feerick requested the City consider alternative methods of assessment. Lee Johnson asked if the park properties would be assessed for streets and if frontages for the parks and highway would be included in the front-footage assessment. Johnson believed the park properties were significant traffic generators and should be assessed. Brauer replied that the park properties were included in the gross assessment area. Tenpas asked Johnson how many homes he proposed to develop in Section 1A. Johnson replied 170 to 180 homes. Tenpas asked Dietz for a realistic start date for the upgrade of Highway 5 and Dell Road. Dietz replied the full right-of- way acquisition had not been obtained at this time, which was necessary for construction to begin. Dietz added a definite bid date had not been set. He said bid dates ranged from October 1989 to February 1990. Tenpas asked Enger how many projects were being proposed for Sections lA and 1B. Enger replied that Staff had talked with Orrin Thompson, Tandem, and Feerick regarding immediate proposals; however, Staff had talked with property owners within the entire southwest area. Tenpas said it appeared that several developers wanted to develop their property as soon as possible and asked how the determination would be made as to what property would be developed first considering the limited amount of development possible due to the constraints outlined in the study. Dietz replied that the development of the property would follow a logical pattern from north to south and east to west, as watermain and sewer were installed. Dietz added that a cooperative effort from all the developers would be necessary for proper development of the area. Tenpas asked Feerick if his property was entirely in Section lA or if the property extended beyond the study area. Feerick replied that some of the property was outside the study area. Tenpas asked why the study area stopped at the MUSA Line and did not extend to the city limit. Brauer replied the study City Council Minutes 4 January 24, 1989 did extend to the city limit for sewer and watermain; however, the development stages were kept within the MUSA Line. Bill Kinney, 17651 West 78th Street, located in Section 1A, asked if he would be assessed for Dell Road and Scenic Heights Road, which would be of no value to his property. Peterson replied the assessment details had not been defined at this time. Kinney said that he currently owned approximately 3 acres and was concerned regarding the statement in the study which indicated a $2,300 per acre assessment. Peterson replied the $2,300 figure was a recommendation only and exact assessments would be discussed and determined through the feasibility process and special assessment hearings. MOTION: Pidcock moved, seconded by Harris to approve the Southwest Area Study as presented and to forward the study to the Planning Commission for its consideration. Motion carried unanimously. III OTHER BUSINESS IV. ADJQURNMENT Meeting adJaurned at 9:00 PM. EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING UNAPPROVED MINUTES TUESDAY, JULY 11, 1989 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Assistant City Attorney Ric Rosow, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All Members Present I. APPROVAL OF AGENDA MOTION:, Pidcock moved, seconded by Harris to approve the Agenda as published. Motion carried unanimously. II. DISCUSSION ON ERECIZLIA3SESSMENT POLICY Dietz stated that the proposed policy was only a guideline and special circumstances would take precedence. City Attorney Pauly had reviewed the document extensively. The true test of an assessment was that the benefit equalled or exceeded the assessment. A valid petition for improvements required signatures of 35% of adjacent property owners. A 100% petition was required in order to bypass the feasibility study process and go directly to the plan and specification stage. An assessment had to be uniform and consistent. The City can be reimbursed for previous expenditures through special assessments. Peterson asked Dietz if classes of property could be treated differently. Dietz replied that typically there would not be different classes of property in any given project. An example of a class difference would be between residential and commercial properties. Dietz stated that assessable costs have a 9% administration fee and interim interest is charged from the time the first payment was made to the contractor until the time of the Special Assessment Hearing. City Council Minutes 2 July 11, 1989 Tenpas asked how the rate of administration fees was determined and if 9% was high enough. Dietz replied that maximum rates are set by the State. LOT UNIT Anderson asked what option the City had If a development were assessed on a per unit basis and a lot was later subdivided. Dietz replied that if It could be proven that a property had not been assessed in the past, a $7,400 connection fee could be charged. POLICY 113 Dietz stated that the payback period had been changed to 20 years for assessments in excess of $5,000 and to 5 years for 100% petitioned projects. Tenpas asked if there was a minimum charge. Dietz replied that there was flexibility in this area. Tenpas then asked if on the small assessments it could be paid back on a short term basis. Dietz replied that this would not come up very often. TRUNK ASUSSMENTS The trunk assessment for non-homesteaded properties would be charged on a per acre basis of $3,000 and the homesteaded property would be charged $520 on a per lot assessment. If a property was subdivided the $520 would be credited to the first half-acre and the remaining property assessed on a per acre basis. Peterson asked what would happen if the property were less than one-half acre in size. Dietz replied that this had not happened in the past. Pidcock asked if the credit would not be subject to the number of hookups. Rosow stated that the wording should be changed to read: The rate shall apply to the entire property with a $520 credit. Anderson questioned the front-footage basis to determine benefit. Anderson was particularly concerned about cul-de- sacs. Dietz replied that in an already developed area typically a per lot assessment would be done and in an undeveloped area a front footage basis would be used. This would be part of the feasibility study and the method of assessment would be determined by the Council at the time of the Special Assessment Hearing. Anderson asked if there would be a fairer way to accomplish this. Dietz replied that it needed to be done on a case-by-case basis. City Council Minutes 3 July 11, 1989 POLICY 28 & 30 Dietz stated that Policies 28 and 30 also dealt with the subdivision of property, which stated that there would be maximum assessments; however, if the property were further developed, additional assessments could be made. FPLicy 19 Anderson asked if Policy 19 meant that storm sewers were judged differently than sidewalks, curb and gutter. Dietz replied no. Anderson asked if the City had to show a different benefit for storm sewer. Dietz replied that storm sewers were considered as part of street improvements due to the fact that storm sewer projects were difficult to assess benefit. Anderson stated that he was concerned about lots which had once been considered unbuildable and now could be engineered to allow for building. Dietz replied that additional assessments could be made. 100% PETITIOEU PROJECTa Dietz noted that a 100% petitioned project required a 5% deposit. POLICY 17 Dietz stated that on uniform parcels a development would be assessed on a per lot basis and if the property were not uniform it would be assessed on a front footage basis. Anderson stated that the City had assessed property on both a unit basis and a front footage basis. Rosow replied that the benefit must be equal to or exceed the assessment and the assessment must be uniform on similar properties. [AFT STATIONS Anderson asked who was responsible to pay for lift stations when they were needed. Dietz replied that lift stations were considered as part of the trunk assessment. Anderson then asked about areas around lakes which required lift stations. Jullie replied that it would depend on the design of the system. Dietz replied that this situation would be unusual, and typically the entire neighborhood would receive the benefit. This issue would be difficult to address in a policy. Dietz added that there was flexibility in the policy. CITY-OWNED PROPERTY POI4JCX.2.1 Dietz stated that in the Southwest Area the assessments for City Council Minutes 4 July 11, 1989 park land were proposed to be based on use of the property and other statistics prepared by Staff. Anderson asked if these criteria would be constantly changing. Dietz replied that the policy was subject to change. POLICY 24 Dietz stated that City trails and rights-of-way would not be assessed. He added that this was consistent with what had been done in the past. Rosow believed that the wording "greenways" could be setting a precedent. Dietz replied that the word greenway would be removed. ppLIcy 27. Tenpas asked if a time limit had been established for deferments. Dietz replied that a time limit was determined at the time of the assessment hearing and would be determined on a case-by- case basis. Dietz replied that all interest is simple interest and not compounded. P9kIfY_2 171. Diets stated that this policy was developed in light of the Frani° Road project. Homesteaded properties would be assessed a maximum of $15,000 at the initial assessment,any amount in excess of $15,000 would be deferred, and the exclusion policy would be utilized for utilities. Anderson asked what happened when City property bordered another city's property. Dietz replied that the assessment would be shared. POLICY 23 Dietz replied that this policy was written for the Southwest Area. Tenpas asked if anyone was assessed unfairly because they were located across from a City park. Dietz replied no. PUTRAL Peterson asked If the Council would consider it appropriate to forward this policy to the Developers Forum before taking action. Dietz replied that timing was important and because of the time necessary to prepare the fall assessments further delay in approval would be detrimental. Dietz added that the majority of these items were the law and were not negotiable. Pidcock stated that an approved copy could be forwarded as a courtesy. Harris concurred. City Council Minutes 5 July 11, 1989 MOTIQN: Pidcock moved, seconded by Harris to approve the Special Assessment Policy as prepared. Tenpas stated that he would like to have the input from the Developers Forum. Anderson stated that he did not want to delay approval any longer. Motion carried unanimously. moTtoR: Pidcock moved, seconded by Harris to send a copy of the Assessment Policy to the Developers Forum for input and comment. Motion carried unanimously. III. ADJOURNMENT MOTION: Tenpas moved, seconded by Pidcock to adjourn the meeting at 7:20 PM. Motion carried unanimously. JOINT EDEN PRAIRIE CITY COUNCIL AND FLYING CLOUD AIRPORT ADVISORY COMMISSION UNAPPROVED MINUTES TUESDAY, OCTOBER 10, 1989 COUNCIL MEMBERS: CITY COUNCIL STAFF: FLYING CLOUD AIRPORT ADVISORY COMMISSION MEMBERS: ROLL CALL 7:30 PM CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Assistant Planner Scott Kipp, and Recording Secretary Barb Malinski Chair Jack Dow, Dennis Larson, Bill Helker, Tim Ashenelter, Dave Barker, Jay Olson, Alan Lindquist, and Gary Schmidt I. APPROVAL OF AGENDA Anderson moved, seconded by Pidcock to approve the agenda. Motion carried unanimously. II. DISCUSSION ITEMS A. Update on Flying Cloud Airport Master Plan Schmidt reported on the Flying Cloud Airport Master Plan on behalf of the Metropolitan Airports Commission (MAC). To date, there has been no action on the plan, but it includes the following measures: 1) Work on purchasing property in the clear zone ard discussion on donating property back to the City for park system use. 2) Capital improvements in 1990 include landscaping and buffers on County Road 1. The City has been reluctant to invest in the irrigation system, but will be reimbursed. 3) A noise abatement plan will come later this year. 1 Flying Cloud Airport Adv. Comm. Minutes October 10, 1989 Schmidt said MAC is attempting to modify the airport plan to coincide with the City. Anderson asked Schmidt if various airports have noise control zones. Schmidt replied that all aircraft utilizing Flying Cloud Airport meet the noise regulations. Anderson asked if MAC is interested in getting light aircraft out of the major airports. Schmidt replied that an ordinance does not permit Stage 1 aircraft to land at Flying Cloud. Peterson inquired about land acquisition. Schmidt said MAC wants to have other planning issues resolved first. Tenpas asked if the clear zones have to be extended when the runway is extended to 5,000 feet. Schmidt replied 1,100 feet were necessary. Tenpas inquired if funding were available for acquiring or compensating for this additional land. Schmidt said that it would depend on the availability of federal government funds. Tenpas asked if there would be expansion room available after the master plan is completed and if property were dedicated to the City. Schmidt replied that MAC would enter into a purchase for the clear zone. Tenpas inquired if there were concerns about the airport being close to the landfill. Schmidt replied that at the present time, the Federal Aviation Administration (FAA) is not concerned. Harris inquired about the proposed timeline for action on the revised master plan. Schmidt replied that 3-4 months were necessary to finalize the plan and then the committee would take action. Harris was concerned if extending the runway would create additional construction. Schmidt said the 1991 budget would be the earliest for construction. The 1990 proposed budget includes $50,000 for landscaping, $50,000 for cleaning up a dumpsite, $20,000 for replacing fuel tanks, $20,000 for acquiring land, $110,000 for security fences, and $250,000 for rehabilitating the existing pavement. Anderson questioned whether hunting was allowed on airport property and if hunting was done to control wildlife. Schmidt said that hunting is not allowed and that wildlife was destroyed on occasion to minimize interference with aircraft operations. Pidcock asked when regulations on dumps became effective. Schmidt replied it was probably addressed about 10 years ago. It is now recommended by the FAA that landfills not 2 Flying Cloud Airport Adv. Comm. Minutes October 10, 1989 be in close proximity to airports. Pidcock asked what would happen if the dump became more active and the birds posed problems. Schmidt replied MAC would take action at that time. B. Airport Advisory Commission Projects and Activities Dow reported on the past year's projects. Commission members tried to get growers and landscapers to donate their time and materials to beautify the surroundings. The members are also working with DOT to put up signs at major intersections in the City and county to direct people to the airport. C. Report of Airport Advisory Commission Members Olson reported the following: 1) The airport is an active airport. 2) Business is good and growing. 3) Pilot training is extremely high in the aviation world and Flying Cloud makes it available to all pilots. 4) There is a strong demand for trained mechanics. Flying Cloud offers the training through the Area Vocational Technical Institute. Presently there is a two-year wait for the program. This is a good opportunity for career transition. 5) There is concern with the business people for landscaping, signage (direction to airport), and sewage and water hook-up (no fire hydrants). Harris asked Olson if there were plans for securing sewer and water. Olson mentioned the fire department was more concerned about containment rather than extinguishment. Harris believed water should be on site.. Anderson asked Jullie if MAC would need to petition the city to get water/sewer. Jullie responded that this is the normal process. Anderson further added that water/sewer would be in the best interest to Flying Cloud Airport and the City. Helker asked Council members for their individual perceptions of the airport. Pidcock responded that it is a tremendous asset, a resource, and a financial enrichment to the community. Harris was concerned about 3 76 Flying Cloud Airport Adv. Comm. Minutes October 10, 1989 the balance; she believed it was a good resource and generated financial return to the community. She also wanted it to be aesthetically pleasing and was sensitive to noise concerns. Tenpas said it was an asset and shared Harris's concern about balancing expansion over noise. He believed planes would get quieter due to technological advances. Anderson believed the airport was a real asset which could become more of an asset to the community. He also said the airport is important to the southwest metro area. He believed that noise is a concern. Peterson said that if the runway were expanded, MAC should concentrate its work on land expansion. He wished for the tin shed hangars to be removed and to push other hangar buildings away from County Road 1; this would break up the fairly unattractive mass of buildings and hide them from the highway. As that improvement occurs, persons driving by could see the airport is an asset. Harris said she was pleased and proud of the FAA designating Flying Cloud as a training center. D. Regional Reliever Airport Studv/MSP International Airport Adequacy Study Kipp reported on the Metropolitan Council task force study to find ways to divert aircraft from the main airport to Flying Cloud and find efficiencies for flights at MSP. Surveys have been used to gather results why general aviation pilots use the different airports in the system. The common reasons include the presence of instrument approach equipment, good snow removal, and availability of ground transportation. Among the aircraft registrants, convenience was the most important factor they considered for choosing an airport. Airport closure or a new location would cause relocation. Kipp also noted discrepancies in use and capacity between the master and the survey data collected in the study. He will keep the Council posted on further information. Dawson reported on a study being done by Bloomington and Richfield with the participation of Burnsville, Eden Prairie, and Edina. They were critiquing the MSP Airport Adequacy Study done by the Metropolitan Council with special concerns about the general economic impact on Eden Prairie and the changes in use patterns at reliever airports if the international airport were relocated. E. Future Issues 4 ?O'-(7 Flying Cloud Airport Adv. Comm. Minutes October 10, 1989 Schmidt reported that the noise abatement plan is under study. Kipp mentioned that he is working on a Metro Council task force to consider locations for heliports. Peterson asked why heliports would be considered at areas other than the airport. Kipp stated that they are used for hospitals, television stations, and often in business. Olson informed the Council of the current advertisements used to promote the airport. The Businessmen's .Association will support and finance these communication activities for the airport. Peterson said the Council appreciated receiving the Flying Cloud Airport Advisory Commis3ion's minutes and would welcome highlighted comments on items to be especially aware of. Lindquist extended an invitation to the Council and staff to tour the airport control tower. His phone number is 941-1188. Pidcock moved, seconded by Harris to adjourn the meeting. Motion passed unanimously at 840 p.m. 5 City Council Minutes October 17, 1989 EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, OCTOBER 17, 1989 IMMEDIATELY FOLLOWING HRA MEETING COUNCIL MEMBERS: CITY COUNCIL STAFF: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Director of Public Works Eugene A. Dietz, Director of Planning Chris Eager, Assistant City Attorney Richard Rosow, and Recording Secretary Barb Malinski PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BusiNus ADDITIONS : IX.A.1 Meeting adjournment IX.A.2 Issuance of parking tickets by police department IX.A.3 Celebrate Minnesota MOTION: Harris moved, seconded by Pidcock to approve the agenda as amended. Motion carried unanimously. ADDITIONS: Add the police department and Celebrate Minnesota to the agenda. II. CONSENT CALENDAR A. Clerk's License List B. Proposal for Better Manag_ement of Household Hazardous Waste from Waste Management Commission C. Resolution No. 89-219 Authorizing Execution of An Agreement. ;60.1 fipnepin County for Funding_Assistance 1 City Council Minutes October 17, 1989 for Solid Waste Recycling Activities D Round Lake Softball Field Improvements E. STARRING HIGHLANDS by Cliff and Mary Anderson. Approval of Developer's Agreement for Starring Highlands. 2.17 acres into 3 single family lots with a front yard setback variance to be reviewed by the Board of Appeals. Location: Northwest corner of Ridge Road and East Staring Lane. F. A TO Z RENTAL AND EDEN PRAIRIE APPLIANCE by Rome Development, 2nd Reading of Ordinance No. 33-89, Zoning District Amendment within the C-Reg-Ser Zoning District on 1.67 acres; Approval of Addendum to A to Z Rental Developer's Agreement; Adoption of Resolution No. 89- 228, Authorizing Summary of Ordinance No. 33-89 and Ordering Publication of Said Summary; and Adoption of Resolution No. 89-229, Site Plan Review. 1.67 acres for construction of a 21,014 square foot commercial facility. Location: South of Valley View Road, west of Plaza Drive. (Ordinance No. 33-89 - Rezoning; Resolution No. 89-228 -Authorizing Summary; Resolution No. 89-229 - Site Plan Review.) G. BLUFFS WEST 8th by Hustad Development. 2nd Reading of Ordinance No. 36-89, Zoning District Change from R1-22 to R1-13.5; Approval of Developer's Agreement for Bluffs West 8th Addition; and Adoption of Resolution No. 89-227, Authorizing Summary of Ordinance No. 36-89 and Ordering Publication of Said Summary. 2.12 acres into four single family lots. Location: North of Bluestem Road & access off Bennett Place. (Ordinance No. 36-89 - Rezoning; Resolution No. 89-227 - Authorizing Summary) H. Final PlaL_Ap2roval of Bluffs West 8th Addition I. Receive 100% Petition and Authorize PrengLUILLIa of Plans and Specifications together with an Assessment A'reement for a Detached Frontage Road with Utilities south of T.H. 5 and east of Dell Road. I.C. 52-177 J. Approve Resolution Rewiesting Early Construction of Detached Frontage Road south of T.H. 5 and at of Dell Road K. Approval of Request from Eco Solutiona, Inc. Receive Petition for Improvements to Dell Road and Scenic Heights Road south of T.H. 5 and west of I.C. 52-160 2 City Council Minutes October 17, 1989 M. Request. by Mr. Peter Jorgensen for a Grading Permit at 16101 Pioneer Trail N. Regugst from Eden Prairie Fox.iets O. Approve Special Assessment Agreement No. 89-10 for PraArie Court P. Resolution No. 89-230 Authorizing Issuance of MIDB Refunding Bonds for McGjvnn Bakeries in the amount of Q 5 0.9.09 MOTION: Pidcock moved, seconded by Harris to approve items A-P on the Consent Calendar. Motion carried unanimously. III. PUBLIC HEARINGS A. Eublic Storage by Public Storage, Inc. Request for Guide Plan Change from Low Density Residential to Office on 1.09 acres and from Low Density Residential to Neighborhood Commercial on 1.09 acres and from Low Density Residential to Industrial on 3.10 acres, Zoning District Change from Rural to Office on 1.09 acres, and from Rural to Neighborhood Commercial on 1.09 acres and from Rural to 1-2 on 3.10 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 5.28 acres for construction of 54,137 square feet of office, commercial, and industrial land uses. Location: West of County Road #18, south of the Preserve Village Mall. Jullie explained that this public hearing will be continued November 7, 1989 at the request of the proponent. MOTION: Harris moved, Pidcock seconded, to continue this hearing to November 7, 1989. Motion passed 5-0. B. Sandy.. Pointe by Sandy Pointe Partnership. Request for Zoning District Change from Rural to R1-22 on 6.0 acres, Preliminary Plat 11.2 acres into 13 single family lots, 2 outlots, and road right-of-way. Location: Fast and west. of Corral Lane, south of Red Rock Lake. (Ordinance No. 41-89 - Rezoning; Resolution No. 89-207 - Preliminary Plat). Jullie reported that notice of this Public Hearing was published in the October 4, 1989 issue of the Eden 3 City Council Minutes October 17, 1989 Prairie News and sent to owners of 43 surrounding properties. Jullie stated that the Planning Commission recommended approval of this proposal at its September 22, 1989 meeting. The commission called for elimination of one lot and further recommended that 2nd Reading of the Rezoning Ordinance and Final Plat approval not occur until the contract for the extension of the new Mitchell Road has been awarded. The Parks, Recreation & Natural Resources Commission also recommended approval at its October 6, 1989 meeting. It recommended a variety of pedestrian access facilities depending upon the roadway system approved by the Council. Bob Smith of Krueger & Associates was present at the meeting to review the proposal. He presented the report and indicated the revisions that had been made in accordance with the recommendation of the Planning Commission. Enger referred to the Planning Commission report of September 25, 1989. The commission reviewed and recommended approval of the project subject to recommendations of a staff report of September 22 with the clarification that Corral Lane end in a cul-de-sac at Lot 27 and that one lot be removed from the proposed subdivision reducing the lotting from 13 to 12. Staff recommendations were detailed in the September 22, 1989 report. Tenpas asked when the connection to construct Mitchell Road to County Road 1 would be completed. Dietz replied that the feasibility hearing would be held this winter. Harris understood the recommendation was to have a cul- de-sac rather than a connection to Mitchell Road and asked for rationale. Enger replied the Planning Commission was concerned about the traffic shortcutting through Eden Hills neighborhood. The Planning Commission's recommendation and preference was not to connect through. Anderson asked if it had been the policy to eliminate long cul-de-sacs because of the problem emergency vehicles have turning around. Enger agreed that this has been the general policy. Anderson asked if there were a plan for a trailway system for pedestrians. Enger replied there are plans for trails. Anderson asked for the advantages and disadvantages to the City to change this plan. Enger replied there was no access to Mitchell Road now and if the City wanted, it could acquire additional lakeshore and provide 4 City Council Minutes October 17, 1989 access to Red Rock Lake, which could be an advantage. Another advantage was having the road closer to the lake would preclude lots from development and the ability to view the lake would then exist. Pidcock asked who owned lot 31 on the north end of Corral Lane. Smith said the lot is owned by one particular resident but used by all residents. Pidcock believed that if the existing plat were changed, the neighbors would lose that access. Anderson stated that changing what had already been platted in that area would make the lots more valuable. Tenpas asked if the City had access to the lake in the original plat. Enger replied no. Smith commented that the present location was very low and there isn't any view into the lake. Smith pointed out that aesthetically, his proposal would provide a better lay out of the road. The developer had offered that the beach lot be dedicated to the City as an access for the City. Harris asked Smith if there were an interest to preserve the public access and said she still had a problem with the cul- de-sac on Corral Lane. Harris preferred there be a connection to Mitchell Road. Smith informed Harris the plan given to the Planning Commission had a connection available to exiting traffic only. The Planning Commission found it. was less advantageous. From a privacy standpoint, the neighborhood did not want through traffic. Anderson asked what the distance would be for new homeowners going to the high school. He also asked for directions to get on County Road 4. Anderson commented that it added a distance of another mile of travel. Jim Zachman, the developer of the proposed subdivision, said existing traffic would not go around the neighborhood and thought it would be costly to open it. Smith stated that an entrance monument, illumination, sidewalk and landscaping totalling $50,000 were planned for the project. Tenpas commented that it made more sense to dedicate the area to homeowners and the beach access would be there for existing and new homeowners. Anderson disagreed with the private beach concept and disliked private beaches on public water. Peterson said the neighbors have a private beach now. Smith commented there is a five-acre park at Boulder Pointe and there will be a sidewalk to access the beach. City Council Minutes October 17, 1989 Floyd Hagen, 15802 Cedar Ridge Road, had two main points to emphasize. The first was that the Eden Hills property owners were unified in their position and objected to any traffic increase on Corral Lane. Also, the owners objected to any plan that would terminate their direct access to their common recreational area/beach access property. Present residents bought their property assuming the current platted location of a Corral Lane extension to the recreational lot to be used by Edon Hills residents. The Eden Hills Recreational Association was set up in the covenants to manage the entire area for the Eden Hills members. Hagen believes the neighborhood was unique and the homeowners association was established to manage the lots and lake access. The only access to the lake has been maintained by residents; the association emphasized the reasons to keep access restricted to Corral Lane. Virginia Gartner, 15701 Cedar Ridge Road, said she thought about children and traffic and also understood the problems facing emergency vehicles; she believed the real hazard was the intersection of Cedar Ridge Road and County Road 4. The traffic now was a disaster and she has had to stop walking in this area in the morning. If all traffic made the short-cut, it would be a real disaster. She liked people to see the lake, but residents wouldn't drive to see the lake at the cul-de- sac. She believed it was a better design to terminate Corral Lane and urged the Council to not connect the two. Kent Barker, 15801 Cedar Ridge Road, commended Zachman and Associates for its attempts to discuss this issue. He believed the community should have the right and expectation to rely upon the plats which have been in existence for years. He thought the proposal adversely impacted the access to the recreation and beach area. He said nothing in the plat created the need for a cul- de-sa,. The neighborhood was strongly opposed to a fundamental alteration which would result in increased safety hazards, noise, pollution, and traffic volume. Barker said density was played with in the proposal. He was hopeful the Council would continue to honor a plat upon which a neighborhood and community has relied for its development. He further hoped that same community could retain its value which would be damaged in safety, pollution, congestion and financially should there be such alterations as the cul-de-sac being removed. He would like to see the plan redrafted for the benefit of all residents. 6 City Council Minutes October 17, 1989 Tenpas asked Hagen if there was a 20' easement from the outlot to the lake. Hagen said that was correct. Tenpas then inquired where the beach was. Hagen said the beach is on the 20' area. Pidcock asked Enger how many times had a platted area been proposed with a new plat. Enger replied this has happened several times. The Staring Lane area was an example and another area was across from Flying Cloud fields. He said there have been many situations where R1-22 lots that have come in for subdivisions have been replatted. Tenpas asked what was the longest length of cul-de-sac in Eden Prairie in the last five years. Enger replied in Cardinal Creek Third Edition, he thought there had been a mile-long cul-de-sac. Tenpas further asked if platted today, would the City plat with a 2,000' cul- de-sac. Enger said he didn't think so. Tenpas said he understood the arguments but believed the key issue to be access to the park. Tenpas questioned if there would he parking on the outlot. Smith replied that only Eden Hills Homeowners Association members could park there and the developer offered a beach lot to use for parking. Tenpas perceived home values would be increased with the access to the lake and park. Peterson questioned if it would be feasible to connect Corral Lane through as proposed and designed to provide for alternatives without a substantial cost, should traffic increase significantly. Enger replied Corral Lane would have to be terminated now but a temporary connection could be made until traffic patterns are established. Tenpas asked if there were some type of access for emergency vehicles, possibly a gate accessed only by residents that might be used if a cul-de-sac were built. Tt could be put in to limit traffic problems and still keep an area open for parking. Harris asked for a description of an access road. Smith replied it would be a paved road 16' wide or wider which wouldn't have curb or gutter. Dietz stated he would prefer not to have a gate as it would be a source of confrontation in the neighborhood. He thought either the street should be connected or not. Peterson commented that no traffic study had been done. Dietz thought it could be five years before there is enough information to measure impacts. Smith commented that I) Sandy Pointe Road would have the same beginning 7 City Council Minutes October 17, 1989 and end as platted and the proposal created a balance and pleasing design; 2) the proposal dropped one lot; 3) the access could have one lane and a terminus; 4) if traffic increased on County Road 4, it could create a hazard but the street would not be wide enough to be used as a cut through; 5) market studies showed $300,000 to $1 million homes were possible which would increase the value of surrounding properties; 6) the existing gravel road could increase accessibility to the recreational lot; and 7) the proposal met all ordinances. Zachman commented that he believed the neighborhood was divided and most residents did not want the connection. The neighbors preferred to drive around. He would propose to fence off the area and construct a gate. He hoped the low lakeshore area would be dedicated to the City. Peterson asked Dietz if eastbound traffic would be provided with a convenient alternative. Dietz replied there would he a fair amount of traffic because of the convenience, but the predominant problem is the work trip destination; Mitchell Road would be a preferred alternative route. Dietz did not perceive this as a serious problem. Ed Martin, 15810 Cedar Ridge Road, noted that to connect Corral Lane now the City would incur a much greater expense to upgrade the street to handle the traffic than just leaving it cut off. Peterson asked if there were any plans to upgrade Corral Lane when sewer and water come in. Dietz replied that there was not at this time. Dietz told the residents two things would drive improvements: 1) if petitioned; and 2) an ordinance which required analysis of on-site sewage systems. Harris favored the plan presented with the interesting design of the roadway. Peterson noted that the Council had received a letter from Robert Gibson, 15737 Cedar Ridge, in which several concerns and reasons to oppose the proposal were related. There were no further comments from the audience. MOTION: Harris moved, Tenpas seconded, to close the Public Hearing and approve the 1st Reading of Ordinance No. 41-89 for Rezoning. 8 City Council Minutes October 17, 1989 Anderson opposed the motion because by making the roadway curvature and changes in the plans, the Co u n c i l was creating an opportunity to build on both side s o f the road and the land adjacent to the lake is non- buildable. Peterson responded that the land on the old plat n e v e r appeared on any park plan. The old plat did disser v i c e to the values expressed by homeowners to make smal l e r lots. Peterson said the new design made a better transition and much superior plan. Pidcock also said she would vote no because the la n d was platted and she did not see a good reason to c h a n g e it. Tenpas indicated support of the motion. Anders o n commented the people have lived there comfortably since the 1950's and the City talked about a trail w a y system around the lake, but unfortunately that connection was lost. Anderson said the plans wer e t h e r e but were disposed of. Smith expressed concern to replat the road and co n t i n u e this discussion. Pidcock stated that extending f r o m the southeast cul-de-sac through the Mason proper t y d i d not take care of the neighbors. Tenpas asked Smi t h t o pursue the southeast road connection. Anderson a s k e d if it were possible to exit out to Mitchell Road. Smith said there was no access to Mitchell Road o n t h e northeast side of the street. Anderson cited examples for creating a long cul-de - s a c . Tenpas said the plat did not need changing. Ande r s o n preferred the original plat over the current propo s a l for various reasons. Pidcock did not want the proposal redesigned. Smith said two weeks would b e sufficient to redesign the plan. Pidcock asked if t h e Planning Commission would have to review the plan i f substantial changes were made. Enger replied, Yes , i f the changes were substantial. Tenpas inquired if t h e plan came back in two weeks with a rezoning reques t , would it require a new hearing. Enger answered thi s w a s correct. He explained to continue through to Mitc h e l l Road wouldn't require the review by the Planning Commission. Diets commented 30 days were necessary to work on t h e sight distance problem to Mitchell Road and possib l y extend the cul-de-sac to the Mason property. Motion withdrawn by Harris with approval of Tenpas . MOTION: 9 City Council Minutes October 17, 1989 Harris moved, Anderson seconded, to continue the hearing, as scheduled, for November 21. C. Moorhead Addition by Transtar, Inc. Request for Zoning District Change from R1-22 to R1-13.5 on 1.77 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 1.77 acres into 4 single family lots, 2 outlets, and road right-of-way. Location: 9969 Bennett Place. (Ordinance No. 42-89 - Rezoning; Resolution No. 89-208 - Preliminary Plat). Jullie stated that notice of this Public Hearing was sent to owners of 52 surrounding properties and published in the October 4, 1989 issue of the Eden Prairie News. The proponent requested Zoning District Change from R1-22 to R1-13.5 and Preliminary Plat of 1.77 acres into a four single-family lot subdivision. The Planning Commission recommended approval of the proposal at its September 25, 1989, meeting. The Parks, Recreation and Natural Resources Commission did not consider this item. Peter Knaeble of Ron Krueger and Associates, informed the Council of the proposed rezoning and preliminary plat into four single-family lots. Enger addressed action taken by the Planning Commission which had voted to recommend approval. Pidcock expressed concern about backing out to the road from the proposed lots. Knaeble said this was a valid concern. There were no further comments from the audience. MOTION: Harris moved, Anderson seconded to close the Public Hearing and approve the 1st Reading of Ordinance No. 42-89 for Rezoning. Motion passed 5-0. MOTION: Harris moved, Anderson seconded, to adopt Resolution No. 89-208 to approve the Preliminary Plat; and direct staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion passed unanimously. D. Vacation of DrainaXe Easement in Eden View Subdivision Jullie stated that notice of this Public Hearing was sent to owners of affected properties and published in the September 27, 1989 issue of the Eden Prairie News. 1 0 '7 City Council Minutes October 17, 1989 This request was to vacate a drainage easement on a lot within the Eden View Subdivision. There were no comments from the audience. MOTION: Anderson moved, Pidcock seconded to close the Public Hearing and adopt Resolution No. 89-224 to vacate the drainage easement. Motion passed unanimously. E. Vacation of Right-Of-Way For Lakeshore Drive Jullie stated that notice of this Public Hearing was sent to owners of affected properties and published in the September 27, 1989 issue of the Eden Prairie News. This request was to vacate a portion of Lakeshore Drive which is no longer necessary. There were no comments from the audience. MOTION: Anderson moved, Harris seconded to close the Public Hearing and adopt Resolution No. 89-225 to vacate the right-of-way. Motion passed unanimously. IV. PAYMENT OF CLAIMS Harris moved, seconded by Anderson to approve Payment of Claims No. 54673 through 54978. ROLL CALL VOTE: Tenpas, Pidcock, Anderson, Harris, and Peterson all voted "AYE". Motion carried unanimously. V. ORDINANCES & RESOLUTIONS VI. PETITIONa,_ REQUESTS & COMMUNICATIONS A. Request for Menards for a Grading Permit to Allow Fill to be Placed Within Outlot C located at the N.W. Corner of Valley View Road and Topview Road Jullie reported that Menard, Inc. had requested approval of a grading permit to allow placement of fill on property located in the northwest corner of Valley View Road and Topview Road. While the fill request did not appear to result in a significant impact on this property, the proponent had not prepared an overall grading and development plan for this parcel. Staff recommended approval of the issuance of the grading permit subject to the conditions shown in the Staff City Council Minutes October 17, 1989 memorandum of October 11, 1989. Anderson asked why Menard, Inc. had to grade now. A representative of Menard, Inc. replied that there was 6,500 yards of fill being removed due to grading for the expansion of A to Z Rental. MOTION: Harris moved, Pidcock seconded, to approve issuance of the grading permit subject to obtaining all recommendation as outlined in the October 11, 1989 memo, including requirement of an overall grading plan for ultimate development of the property. Motion passed unanimously. VII. REPORTS OF ADVISORY COMMISSIONS None VIII.APPOINTMENTS A. One Appointment to the Citizens Advisory Committee for T.H. 212 (C.A.C.) Pidcock moved, and Anderson seconded, that Jesse Schwartz be appointed to the Committee. Motion passed 5-0. IX. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members 1. Meeting Adjournment Anderson stated that in 1984, a motion was passed to adjourn Council meetings at 11:00 p.m. unless there was a unanimous motion to continue beyond that time. MOTION: Anderson moved, Pidcock seconded to try to adjourn the meetings at 11:00 p.m. Motion passed 4-0-1 (Tenpas abstained). Tenpas said if the agenda were long, could the Council consider starting earlier. Pidcock said this would create legal problems. 2. Parking_ Tickets Issued by Police Department Pidcock informed the Council that several residents 12 City Council Minutes October 17, 1989 received parking tickets at Pax Christi Catholic Church during Sunday services. She said the policy of the City should be to help people honor their God as they see fit on Sunday morning. Harris said adequate parking space should be looked into. Pidcock questioned what people should do when a parking lot is full and there are no parking" signs on the street. Anderson responded that the people should find the closest parking place. Tenpas concurred with Anderson. Peterson said it would be appropriate for the police department to review this matter and advise the Council. He didn't think the tickets should be invalidated. Tenpas said a suggestion could be made to the police department that, if all the lots are full, to make use some discretion in enforcement. Anderson said he would like the engineering and the police departments to investigate this matter and give clear recommendation to the Council on this situation. 3. Celebrate Minnesota Program Peterson informed the Council that the State Department of Trade and Economic Development had invited the City to get involved in the Celebrate Minnesota program. He asked for Council approval to forward materials to the Parks, Recreation, and Natural Resources staff and request one or two responses to Celebrate Minnesota. MOTION: Anderson moved, Tenpas seconded, to get involved in the Celebrate Minnesota program. Motion passed unanimously. B. Report of City Manager 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. NSP Undergrounding=PPsal (Continued from 10/3/89) Dietz submitted a memo dated October 3, 1989, which explained the possibility of a means to fund placement of utilities underground. In essence, NSP proposed ways to raise $300,000 to 13 City Council Minutes October 17, 1989 $500,000 annually to place overhead utilities underground. Dietz wanted to know if the Council wanted to proceed with developing more information. Staring Lake Parkway was an example of an overhead line that had to be moved to build the road. Dietz remarked that if there had been means to fund that project, the City could have received a credit to bury that line. He said this situation happened quite frequently in existing neighborhoods where reconstruction occurred. NSP could develop a capital improvements budget process with a 15-20 year plan to bury all lines in the City. MOTION: Pidcock moved, Anderson seconded, to proceed with investigating different ways to bury the NSP lines and determine a feasible budget process. All voted "AYE". Harris expressed concern that all residential customers would be charged for this project or the bills would be adjusted since some have already paid. Dietz responded some residents may pay more than others. Harris would like to see that customers already paying for underground service not have their bills doubled. Dietz said it would take a Public Hearing to have something like this accomplished. XI. NEW BUSINESS XII. ADJOURNMENT NOTION: Pidcock moved, seconded by Harris, to adjourn the meeting at 10:25 p.m. Motion carried unanimously. 14 EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, OCTOBER 24, 1989 COUNCIL MEMBERS: CITY COUNCIL STAFF: 6:30 P.M. CITY COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Director of Parks, Recreation & Natural Resources Robert Lambert. and Recording Secretary Barb Malinski PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA MOTION: Pidcock moved, seconded by Harris to approve the Agenda. Motion carried unanimously. II. LAWFUL GAMBLING COMMITTEE REPORT Peterson asked for insights from the Council or committee. Jerry Johnson, 15801 North Hillcrest Court, chair of the Lawful Gambling Study Committee, spoke to the Council stating the report speaks for itself. Peterson questioned Johnson if organizations had to have been in existence in Eden Prairie for at least three years to obtain lawful gambling licenses. Johnson said there had been discussion on keeping the net proceeds in the City; he was concerned with people coming in from other cities who want to set up a new organization and thought the city may want to safeguard this possibility. Peterson suggested that legal opinion was needed on this. Harris asked if there were any multiple-ticense locations in the City. Dawson responded that the recommendation of the committee was to allow only one license holder to be operating on a location with the exception of one location on which there were several license holders at the present time. Peterson commended Johnson and the committee for the well City Council Minutes October 24, 1989 thought-out and well-presented report. Pidcock was interested in knowing (in the 4-2 majority vote), if the minority votes cast did not want gambling in the City or what was their position. Johnson said 4 votes were in favor of no gambling in Eden Prairie and the remaining 2 were in favor of some form of gambling. Pidcock asked how many resources were studied to formulate the conclusions on the report. Johnson and Dawson agreed there were about six resource persons. PUBLIC HEARING: Denis Bertrand, 18111 Priory Lane, Minnetonka, past commander of the American Legion, said of the 4-2 majority of committee members, one of the majority cast his vote by proxy. Bertrand thought this vote could have changed the majority. Bertrand had the several comments on the lawful gambling report, he disagreed with "the amount of revenue from gambling activity is likely to be less than proponents have estimated." Pull-tabs have instant gratification versus lottery tickets which are drawn once a week. Pull-tabs pay out 82% of receipts as winnings and lotteries return 40-50%. He disagreed with "persons.. .with low to moderate amounts of discretionary income" like to gamble because he thought everybody liked to gamble. Responding to the fairness of the game's operation, Bertrand said people do not know how many winners were left in a game; therefore, cheating was impossible. The State required a considerable number of reports to be filed for public record and he questioned who would have time to analyze the reports. The report stated, "evidence of illegal operations is mounting." Bertrand believed that drug abuse is increasing at a much more alarming rate. Bertrand commented on the possible overcrowding of local highways and estimated on a normal evening, 90 additional cars would use the highway system. This will not overtax the facility. In summary, Bertrand said the Legion had a class A license since 1983 and if a Class C license were obtained, it could conduct only bingo games, He slated bingo and pull-tabs complement each other in a bingo hall. He had gathered 550 signatures on a petit ion that stated the signees petitioned the City Council not to pass any lawful gambling ordinances that are more restrictive than the State laws and rules. 2 C ty Council Minutes October 2 , 1989 Harris asked for an explanation of pari-mutuel betting. Bertrand replied that pari-mutuel betting left the establishment a percentage of payouts off the Lop (approximately 18 percent). In bingo, prizes are set in advance and if enough people "feed the pot", the establishment made more money. Ti there were few bingo cards bought, the organization could lose money. Pidcoch asked for clarification on the allegation Bertrand made regarding the individual who voted by proxy. Dawson clarified that the person absent did not vote on the recommendations. Ron Winkler, 10300 Winter Place, believed gambling was neither mural or immoral, and people should gamble as they see fit. The people of Eden Prairie would make their own decisions on gambling through the marketplace. Virginia Wold, 635 Eden Prairie Center, gaming manager for 8 years with the Shriners, Jaycees, and North Dakota Association for the Disabled, informed the Council that she had seen nothing but good come from charitable gambling. Dick Ferick, 7103 interlachen Court, spoke on behalf of the American Legion. He expressed concern that the Legion needed the bingo operations to maintain their viability and counted on charitable gambling lease revenue to meet building debt obligations. Ruth Bach, 16409 Easy Street, commented about leaving the money in the community. She said the Legion gave $500 each to the Halloween party, PROP, and the school band to finance a trip. George Roles, 7953 Eden Court, who worked with the Eden Prairie Athletic Administration for many years, told the Council the American Legion had helped various athletic groups. He said the organization was one of the best and he was proud to be a member. Pidcock asked Dawson if committee members visited a gambling facility. Dawson replied to his knowledge this was not done as a committee. Harris asked if there were state prohibitions against the use of funds. Bertrand said prohibition contributions fall under certain categories--for example, aiding adults in sporting activities is prohibited. Peterson informed the audience there was no inclination on any Councilmember to intentionally do anything detrimental to the 3 City Council Minutes October 24, 1089 Legion and the Council had appreciated the Legi o n f o r t h e p a s t many years. The Couhcit appreciated what the L e g i o n h a d d o n e and also took seriously the place of lawful gam b l i n g . J u d y Schuck, member of the Lawful Study Gambling Com m i t t e e , s a i d i t was impossible to separate the issues and not v o t e a g a i n s t t h e Legion. Dawson affirmed Peterson's remarks th a t t h e c o m m i t t e e did not make ato value judgment about the respe c t t h e community held for any organization nor their c o m p e t e n c e t o run gambling activities. Harris questioned the value of gambling in Ed e n P r a i r i e a n d found the only justification to the City and i t s r e s i d e n t s a r e the proceeds returned to the community. She f a v o r e d l e g a l gambling, but would like additional data, lega l c o u n s e l , a n d time to review the proposed guidelines recomme n d e d b y t h e committee. Pidcock agreed. Anderson also favo r e d l e g a l gambling and didn't see any evidence why the A m e r i c a n L e g i o n shouldn't be granted a License; however, other o r g a n i z a t i o n a l details had to he worked out before formulatin g a n o r d i n a n c e . Harris wondered who controlled the licenses. T e n p a s s a i d t h e integrity of legal gambling at the American Le g i o n w a s n ' t questioned--he would vote for legal gambling--b u t t h e l o c a t i o n was questionable. He also preferred legalized g a m b l i n g t o b e in private facilities. Tenpas requested the is s u e s t o b e dealt with at a future date include 1) the numb e r o f facilities--prefer one location per 20,000 peop l e , 2 ) t h e number of days per week facilities are open, 3) t h e c i t y t a x issue, and 4) where the proceeds are distribute d . Joe Benson, Tenstrike, Minnesota, representativ e o f Laryngectomies/Tracheotomies said the American L e g i o n m a d e a donation to his organization to help individu a l s a t t e n d seminars and conventions. Peterson commented he was not convinced lawfu l g a m b l i n g i n t h e long- or short-term was for the great communit y g o o d . Philosophically, he believed Eden Prairie woul d n o t b e enhanced by the presence of lawful gambling. H e d i d n ' t t h i n k the Council was ready to make a decision, but s u g g e s t e d t h e study committee meet with two Councilmembers a n d t w o s t a f f members to make further recommendations for Co u n c i l a p p r o v a l . Harris questioned if this effort would result i n a n o r d i n a n c e . Peterson expected it would. Pidcock said she a g r e e d w i t h Harris' comments and did not want widespread g a m b l i n g i n t h e community. She thought one gambling facility per 10,000 residents was it good ratio and did not think t r a f f i c w a s a problem. 4 City Council Minutes October 24, 1989 Tenpas asked if the Council could request that the study group provide the specifics of an ordinance within a two-week period and act upon the two license applications now before the Council. Anderson and Harris agreed that they would like to have this matter resolved in the near future. MOTION: Anderson moved, Harris seconded, to permit legal gambling within the City of Eden Prairie and that the terms be worked out for an ordinance controlling legal gambling between staff, council, legal counsel, and a gambling study committee representative. Tenpas reserved his right to vote no if the ordinance were written differently from what he had recommended. Anderson was not accepting all of the guidelines of the committee; the terms would be worked out with legal staff. He said his motion was to permit lawful gambling. Peterson suggested that two members of the Council, one representathve from the Legion, and members of the previously constituted lawful gambling committee work through this. Virginia Wold asked for a proposed timeline. Harris asked if the process would be equally effective and more efficient if administrative and legal staff were to prepare a policy for council discussion which would lead to formulation of an ordinance. MOTION: Anderson withdrew the motion. Harris moved, Pidcock seconded, to direct staff to work with legal counsel and come back with a policy which would become a future ordinance. Motion passed unanimously. Harris commented that when the Council had a policy, it could still act on license applications during this period of time in terms of the policy while understanding that it would govern conditions place on licensees. Anderson asked Bertrand if 30 days were appropriate. Bertrand said it was fine. III. LAWFUL GAMBLING LICENSE APPLICATIONS 5 City Council Minutes October 24, 1989 Jullie informed the Council the Acrogymnastics Sp o r t s Education Association's vote was needed tonight. T e n p a s a s k e d how many nights this group would be leasing at th e A m e r i c a n Legion. Bertrand said any single organization ca n c o n d u c t a maximum of six sessions per week. Pidcock asked Bertrand if Acrogymnastics was a non - p r o f i t organization, operating for three years, and had 1 5 m e m b e r s . Bertrand replied yes. MOTION: Harris moved, Pidcock seconded, to waive the 60-da y C i t y comment period on the Acrogymnastics Sports Educat i o n Association application for a Class A gambling lic e n s e . Peterson asked if the Council could give approval w i t h o u t a n y conditions and have future conditions apply to that l i c e n s e e . Tenpas said the rules and ordinances set up would h a v e t o apply UP this group. Peterson stated the City woul d e x p e c t the terms of a legitimate contract be met once it w a s d r a w n . Tenpas suggested adding an addendum to the contract t h a t states once the City passes an ordinance, the ordin a n c e r u l e s will supersede the contract. Harris amended her motion. MOTLQN: Harris moved, Pidcock seconded, to waive the 60-d a y C i t y comment period on the application for a Class A g a m b l i n g license by Acrogymnastics Sports Education Associ a t i o n w i t h the understanding that such license is subject to t h e f u t u r e conditions which may be imposed by City ordinance. Winkler was concerned that if the ordinance did no t q u a l i f y for Acrogymnastics, he would rather not begin the l a w f u l gambling operation. Harris assured him the approv a l i s similar to an early grading permit and saw no prob l e m w i t h granting this license. Motion passed unanimously. Dawson reported St. Mary's Romanian Orthodox Churc h h a s a Class C license at the Legion which was granted th i s p a s t summer and it wished to expand its license to Clas s A . MOTION: Harris moved, Pidcock seconded, to waive the 60-day C i t y comment period on the application for a Class A gam b l i n g 6 City Council Minutes October 24, 1989 license by St. Mary's Romanian Orthodox Church with the understanding that such license is subject to the future conditions which may be imposed by City ordinance. Motio n passed unanimousll. Peterson commented he trusted the discussion and action o f t h e Council had allayed fears by Legion members. The Counc i l would have preferred to have the whole thing in order b e f o r e acting on any additional licenses, but a deviation in t h e process was made because of the respect of the Legion. IV. CAPITAL IMPROVEMENT PROJECTS Jullie informed the Council that it had been provided w i t h t h e final report from the Residents Advisory Committee on Ci t y Administrative Offices and a tabular summary of the maj o r capital improvement projects to be completed by the City i n the future. Jul lie stated the Council's task is to give staff direction on the priority of issues. Peterson thought the Council should immediately provisio n f o r the purchase of a site for a city hall. Harris and Pete r s o n agreed. Tenpas was concerned about the sensitivity of residents in comparison to their feelings in 1987. He sai d t h e high school referendum was in the near future and questi o n e d if it was necessary to spend additional dollars now to b u i l d a city hall. Peterson thought a decision about building a city hall s h o u l d wait until next year, but the site negotiations should t a k e place as soon as possible. He said a city hall was inevit a b l e and land prices would not decrease. Pidcock was concerne d with cost-effectiveness. Harris was supportive of the l a n d purchase and was in favor of spreading the cost over s e v e r a l years. Anderson was in favor of selecting sites for a city hal l considering the increase in land values in Eden Prairie . Pidcock wished to use the process the school board used o f having a negotiator for acquiring land. Tenpas thought investigating land swaps, if any available, should be considered. He realized locations may not be ideal, but c o s t could he effective. Anderson commented that existing buildings should also be looked into. Tenpas questioned t h e necessity of a negotiator. Peterson thought better pric e s m a y be obtained through a negotiator. Jul lie informed the C o u n c i l ttot hiring an agent on all hourly basis would he pruden t a n d the Council could provide guidelines. 7 City Council Minutes October 24, 1989 Tenpas asked Jullie what the value of all City parcels were lumped together, exclusive of park land. Jullie said a report was forthcoming. Peterson questioned if Council has enough knowledge of available parcels in the City, and would it be cost-effective to hire an agent. Jullie replied because of the time involved, it would. MOTION: Pidcock moved, Anderson seconded, to hire a negotiator with the charge of identifying terms of sale for different sites and buildings for the possible building of a city hall in future years and recommendation to be returned. Motion carried unanimously. Harris said dollars needed to be set aside in escrow for a down payment on a building. Jullie stated his goal was to identify cash sources for the land and to present a proposal on financing the building. Peterson would like to see the funding requested included with the budget discussion. Anderson said his priority was to obtain open space land now. Peterson asked Lambert how much of the six items listed in the August 4, 1989 memo from Jullie was for land acquisition. Lambert replied that it all was for that purpose. Peterson suggested prioritizing the six items and appropriate some funds from the annual budget, but he didn't think a commitment could be made beyond that. Peterson was not prepared to set dates and make budget decisions. Harris said these issues could be addressed at a future date. Art Weeks, 14469 Village Woods Drive, agreed with acquiring land. He said priorities have to be set and reevaluated on a periodic basis. V. OTHER BUSINESS VI. ADJOURNMENT MOTION: Pidcock moved, seconded by Harris to adjourn the meeting at 9:25 p.m. Motion carried unanimously. EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES THURSDAY, OCTOBER 26, 1989 7:30 P.M. CITY COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: CITY COUNCIL STAFF: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Finance Director John D. Franc, and Recording Secretary Barb Malinski PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, Pidcock seconded, to approve the Agenda with the following additions: II. D. Moderator for Landfill Meetings, November 6 & 8 II. E. Communication from City Manager Motion carried unanimously. II. NEW BUSINESS A. Resolution Supporting Funding for H.O.M.E. and South Hennepin Human Services Council_ in 1990 Hennepin County Budget (Resolution No. 89-209) Harris explained the Resolution spoke for the City's support of continued funding for the human services councils, specifically South Hennepin. She said this was a joint powers agency established by the cities of Eden Prairie, Bloomington, Edina, and Richfield. MOTION: Harris moved, Pidcock seconded, the adoption of the Resolution Supporting Funding for H.O.M.E. and South Hennepin Human Services Council in 1990 Hennepin County Budget (Resolution 89-209). Motion passed unanimously. City Council Minutes October 26, 1989 Tenpas suggested if the other cities didn't approve this financing, Eden Prairie should direct its $11,000 contribution to specific programs within the City. Harris informed the Council the Board of SHHSC decided to bring in an organization specialist to do an in-depth study of its mission. Tenpas would like Council to be informed if one of the cities chose not to continue participation in SHHSC. B. Discussion of 1990 Proposed General Fund and Debt Levy Budget Peterson suggested that Council set another meeting to make decisions on budget. Pidcock said she did not want anything approved at this time. Harris suggested Jullie go through the budget and she did not see any need to make decisions until a future meeting. Jullie explained that the tax base figure was not available. Tenpas would prefer to have dollar amounts listed rather than percentages in the budgeted areas. Jullie pointed out that the City's growth in estimated market value for 1990 is $268 million, which is 13.4 percent of the tax base. Tenpas inquired if it was due to inflation or construction. Jullie said it was both--new construction amounted to 7.8 percent of that figure (over 50 percent) and inflation was 5.6 percent. This information is available through the assessment records. Tenpas requested a copy of this information. Peterson asked about comparative inflation figures for each class of property. Jullie began on page 1 of the 1990 Eden Prairie budget proposal. Tax levies were the dollar amounts needed to support the General Fund used for day-to-day operations (operating fund). In 1989, there wasn't any tax levy on equipment certificates. A substantial tax base increase had been anticipated for 1990, so the levy was deferred as long as possible; an $800,000 levy in 1990 would keep up with that fund. The bottom line on tax levies shows quite a wide percentage difference. Tenpas inquired if there were rules and documentation explaining the certificates. Overall debt service levies would be up $600,000 from 1989. Page 2 - Revenue Sources The proposed revenue from non-tax sources is lower than 1989, an example being transition aid. The transition aid is similar to the homestead credit aid. In 1987 the homestead credit was $614,000 and it would have been $994,000 in 1989. Harris asked where the "lost" revenue of $994,000 showed on the proposal. After considerable 2 City Council Minutes October 26, 1989 discussion, it was decided that staff would provide further information. Permits and fees showed a large change because the revenue anticipated from building permits had not been realized for several years. Cable TV was higher because the franchise fee increased after Rogers Cable Systems sold its operation. Pidcock questioned why court fine revenue was going down. Franc replied the amount of money was shared and now other agencies are taking a larger portion of the revenue. Page 3 - Revenues Pidcock questioned actual TIF Administration in 1988 of $200,000 and the 1989 estimated of $10,000. Jullie said that the staff became aware of a legal interpretation which would permit this level of revenue . Tenpas asked if the School Liaison officer position had shared funding by the City and school. Tenpas questioned what was included in the $100,000 miscellaneous item. Jullie said easements along Highway 5 were an example that cost $70,000. Page 5 - Legislative Jul lie stated the Suburban Rate Authority request should be $1,400 rather than $14,000. The total request for the Department is $76,000. The figure for recording secretaries' had increased because proper accounting had not been done for all the meetings. Page 6 - Elections Jullie explained the increase in Full-Time Employees is due to the election year. Page 7 - Administration Tenpas questioned mileage figures as they occurred throughout the budget. Jullie said the mileage reimbursement is $.25 per mile and the department heads have a $200 monthly allowance fee. Tenpas questioned the mileage for all departments and would like further information. Tenpas requested some procedural changes in the mileage allowance and Peterson asked for rationale. Page 8 - Assessing Department Harris questioned the Overtime increase. Jul lie explained the deadline established by Hennepin County for submission of assessments and the Board of Review time required substantial effort of staff. Pidcock asked how many assessors the City has. Jullie said there are 6--one of which works 4 out of 5 days permanently. Pidcock asked for clarification on the total number of parcels appraisers completed. 3 City Council Minutes October 26, 1989 Page 9 - Inspections, Safety, and Facilities Tenpas commented that if building activity is falling, the number of permits and inspections should also be decreasing. Jullie explained that staff is following up on work. Tenpas asked if an inspection safety facilities projection could be done for 1990. Page 10 - Safety Tenpas inquired what the $4,000 was for Training. Jullie said these funds are for seminars. Tenpas would like information on how much money was spent for safety training for 1989. Page 11 - Facilities Tenpas asked if the City had investigated contracting custodial service. Tenpas raised concern about the increase in the custodial staff and Jullie explained the increase was for service provided in park and maintenance shelters. Park 12 - Park Administration and Planning Tenpas wanted information on the two Park Planners. Jullie stated the City did have one park planner and was sending out work which was not cost efficient. Page 13 - Park Maintenance Jul lie further explained the increased tasks will require additional personal services. Anderson asked if it was possible to go with seasonal part-time workers. Peterson thought the Parks, Recreation, and Natural Resources Director should answer these questions at a future meeting. Tenpas questioned the matter of the total cost spent on uniforms (including police) for the City. He would also like a breakdown of 4230-Repair and Maintenance Supplies. Page 14 - Parks Maintenance Capital Outlay Anderson questioned if the asterisked items should be included in the general budget because the referendum had failed. Harris thought the trails and bypass lanes are safety issues. Tenpas agreed. Tenpas thought bike paths and capital equipment could be discussed at a future meeting. Peterson commented the Director may be able to review the section for trails, list them, estimate costs, and recommend priorities. Page 15 - Natural Resources Tenpas questioned what was performed by the people listed under park maintenance. Jullie said these are park maintenance staff who spend their time in such activities 4 City Council Minutes October 26, 1989 as tree removal and trimming; their time is shown in this budget for accounting purposes. Page 16 - Recreation Administration Tenpas requested detail on 4390-Copier Lease and Maintenance. Anderson would like to see City Hall and the parks become more visible recyclers. Peterson agreed the Council could demonstrate to the community that the City is taking recycling seriously. Tenpas suggested assigning it to the waste management commission. Page 18 - Beaches, Marina, Concessions Tenpas questioned the $600 mileage figure and asked for information on it. Page 19 - Organized Athletics Anderson questioned 4415-Awards. Jullie explained the revenue fees offset the awards. Tenpas wondered why revenues did not equal proposed expenses. Peterson questioned raising fees and getting the rationale from Bob Lambert. Page 22 - Adaptive Recreation Tenpas noted that the City paid $37,000 into adaptive recreation, and asked what was returned to the City in services. He would like a report on these expenditures. Page 23 - Historical & Cultural Commission Tenpas requested information on the historical programmer. He also questioned 1321-Printing and Postage. Tenpas further requested Jullie to inform the Council Members in advance of announcements in the newspaper. Anderson commented that the Council should be more specific on the items. Tenpas requested this an agenda item at a regular Council meeting. Page 28 - Police Tenpas commented on the communications center operating equipment which is valued over $300,000 and requested additional information on this proposed acquisition. Jullie explained E.F. Johnson wished to have a demonstration system and the City may be able to operate on such an arrangement and get the system at a less capital cost- Jullie informed the Council a line under Contractual Services should be added for License and Training, $30,700. He stated this is an increase over last year. Page 29 - Civil Defense Tenpas questioned if a federal requirement stated how 5 , ';`{J City Council Minutes October 26, 1989 close sirens are located. Jullie responded, yes. T e n p a s asked where the siren budgeted for is going. Dawso n s a i d in the West Central part of the city. Tenpas inqui r e d h o w many more are needed. Dawson responded that two mo r e w e r e required. Page 32 - Public Works/Engineering Tenpas asked for information on the computer syste m proposed to be purchased with state funding assista n c e . Anderson asked Jullie if the City has a special pro c e d u r e for handling overtime. Jullie replied that each department head has the jurisdiction to authorize overtime. Anderson would like to examine the City' s overtime policy. Peterson agreed that it would be g o o d for the Council to review. Page 33 - Streets and Drainage Pidcock inquired why the contracting mowing was not i n t h e Parks and Recreation budget. Jullie notified the Co u n c i l that these dollars began as an experiment to maintai n t h e median in Prairie Center Drive and had proven to be c o s t effective. Tenpas also requested information on the $8,000 request to purchase a new telephone system fo r t h e Parks and Public Works building. Page 34 - Equipment Maintenance Pidcock inquired why some police car repairs were no t i n the public works budget. Tenpas desired a breakdown o f 4386-Communication System Maintenance, 4240-Tool S u p p l i e s , and 4550-Other Equipment. Page 37 - Shared Services Tenpas requested additional information on Shared Services. He also inquired of the possibility of g e t t i n g a total of each line item, i.e. overtime, postage, e t c . , throughout the budget. Page 38 - Data Processing Tenpas questioned when is it prudent to own a compu t e r system. Frane explained the City would have a syst e m i f there were a location in the City offices for it. Page 39 - Legal Counsel Tenpas asked if dollars were budgeted for landfill litigation. Jullie responded that litigation has c o m e from reserves, although $50,000 is budgeted in 1990. Harris commented some thought should be given to bu d g e t i n g more for this. MOTION: Pidcock moved, Anderson seconded, to adjourn the mee t i n g 6 City Council Minutes October 26, 1989 at 11:00 p.m. Anderson moved, Tenpas seconded, to withdraw the motion to adjourn. C. Set Datets) for Future Budget Deliberation Meeting(s) MOTION: Pidcock moved, Harris seconded, to set the future budget meetings on November 7 and November 14 at 7:30 p.m. following the Joint City Council/Historical and Cultural Commission meeting which would be rescheduled to begin at 6:00 p.m. D. Moderator for Landfill Meetings, November 6 & 8 Anderson stated that Phyllis Reha offered her services for moderator for the landfill meetings. MOTION: Anderson moved, Peterson seconded, that the City accept the offer of Judge Reha to be moderator for the landfill settlement proposal meetings. Pidcock thought someone totally independent from the case would lower public emotions. Harris inquired if another moderator could be obtained. Anderson withdrew his motion. Several comments were made about the merits of having Judge Reha or another person moderate the meeting. MOTION: Anderson moved, Peterson seconded, to secure the services of an administrative law judge to moderate the public meetings for the proposed landfill settlement. Motion passed 4-1 (Pidcock opposed). MOTION: Harris moved, Pidcock seconded, to adjourn the meeting at 11:20 p.m. Motion passed unanimously. 7 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST November 7, 1989 CONTRACTOR (MULTI-FAMILY & COMM.) Belt Line Construction, Inc. John Berry Construction Donlar Construction Co. Biorn Construction Giesen Construction Hoag, Hayman & Koechel, Inc. Lowe & Say Maintenance Lumber One, Avon, Inc. Nelson Brothers Construction G. M. Northrup Construction Paulco, Inc. Residence Inn By Marriott Stevens Construction Co. CONTRACTOR (1 & 2 FAMILY) Gene Brown Homes LLoyd D. Hjelle & Associates Hopkins Masonary Mark C. Larsen Homes, Inc. Laubach Construction, Inc. Michael Curtice Construction Harvey Moquist Construction Westar Development, Inc. Western Construction Co. Wold Construction PLUMBING Erickson Heating & Air Conditioning Gilbert Mechanical Contractors, Inc. Hillman Plumbing & Heating, Inc. Dale Sorensen Company Thoen Plumbing, Inc. UTILITY INSTALLER Atkins Mechanical, Inc. GAS FITTER All-American Mechanical, Inc. Hillman Plumbing & Heating, Inc. McGuire & Sons Plumbing & Heating HEATING & VENTILATING Terry Hayes Heating & Air Conditioning Hillman Plumbing & Heating, Inc. PRIVATE KENNEL Ralph Nielson (10100 Eden Prairie Road) PEDDLAR The Ranger Flying Associaton (Christmas Trees at E.P. Center) Kevin Wishy (Christmas Trees at Anderson Lk. Pkwy. & Hwy. 169) These licenses have been approved by the department heads resoonsible f o r the licensed activity. 1 Pat Sblie Licensing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-235 A RESOLUTION APPROVING FINAL PLAT OF STARRING HIGHLANDS WHEREAS, the plat of STARRING HIGHLANDS has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for STARRING HIGHLANDS is approved upon compliance with the recommendation of the City Engineer's report on this plat dated NOVEMBER 1, 1989. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on NOVEMBER 7, 1989. Gary D. Peterson, Mayor ATTEST. SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technicia n DATE: November 1, 1989 SUBJECT: Starring Highlands PROPOSAL: The owners, Clifford E. Anderson an d M a r y L . A n d e r s o n , h a v e requested City Council approval of the f i n a l p l a t o f S t a r r i n g H i g h l a n d s . Located west of Staring Lane and nort h o f R i d g e R o a d i n t h e S o u t h H a l f of Section 21, the plat contains 2.17 a c r e s t o b e d i v i d e d i n t o 3 s i n g l e family lots and right-of-way dedicatio n f o r S t a r i n g L a n e . HISTORY: The preliminary plat was approved b y t h e C i t y C o u n c i l A u g u s t 1 5 , 1989, per Resolution No. 89-176. The property was zoned R1-22 in 1969 as p a r t o f O r d i n a n c e N o . 1 3 5 . The Developer's Agreement referred to w i t h i n t h i s r e p o r t i s s c h e d u l e d for execution October 17, 1989. VARIANCES: Variance No. 89.40, granting a vari a n c e f r o m C i t y C o d e S e c t i o n 11.03, Subdivision 2 and 8 to permit a n e x i s t i n g h o m e 2 8 f e e t f r o m t h e front lot line was granted August 10, 1 9 8 9 . A l l o t h e r v a r i a n c e r e q u e s t s must be processed through the Board of A p p e a l s . UTILITIES AND STREETS: Municipal utilities are not presen t l y a v a i l a b l e t o serve this site. Ridge Road and East S t a r i n g L a n e a r e p u b l i c r o a d w a y s but currently consist as a gravel surfa c e . As described in Item No. 5 of the D e v e l o p e r ' s A g r e e m e n t , p r i o r t o release of the final plat the Deve l o p e r s h a l l e x e c u t e a s p e c i a l assessment agreement establishing th a t t h e D e v e l o p e r a g r e e s t h a t t h e property will be assessed for sufficie n t c o s t t o c o v e r c o n s t r u c t i o n o f the public streets, sidewalks, sanitar y s e w e r a n d w a t e r m a i n w i t h i n E a s t Staring Lane and Ridge Road to service t h e p r o p e r t y . PARK DEDICATION: The requirements for park dedicat i o n a r e c o v e r e d i n t h e Developer's Agreement. BONDING: Bonding must conform to City Code and t h e D e v e l o p e r ' s A g r e e m e n t . RECOMMENDATION: Recommend approval of the final pla t o f S t a r r i n g H i g h l a n d s subject to the requirements of this r e p o r t , t h e D e v e l o p e r ' s A g r e e m e n t , and the following: 1. Receipt of engineering fee in the amoun t o f $ 2 5 0 . 0 0 . 2. Execution of special assessment agreemen t . JJ:ssa cc: Clifford and Mary Anderson Ron Krueger and Associates CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-232 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructe d i n F a i r f i e l d 2 n d Addition requires a connection to the Metropolit a n W a s t e C o n t r o l Commisssion (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Pr a i r i e C o m p r e h e n s i v e Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City C o u n c i l a s f o l l o w s : The City Engineer is hereby authorized and directed to s u b m i t a n application for "Permit for Connection to or Use of C o m m i s s i o n Facilities" to the Metropolitan Waste Control Commission . ADOPTED by the Eden Prairie City Council on November 7, 1 9 8 9 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk METROPOLITAil WRITE COnTROL commillion Toll Coes Plea PERMIT FOR CONNECTION TO OR USE OF COMMISSION FACILITIES (Submit in Duplicate) The "Sewage and Waste Control Rules and Regulations For The Metropolitan Dis p o s a l S y s t e m " adopted pursuant to and under the provisions of the Metropolitan Waste Control Commis s i o n A c t (Minnesota Statutes, Chapter 473C) constitute a part of this agree m e n t . The community listed below has adopted a comprehensive se w e r p l a n a n d h a s s u b m i t t e d i t t o t h e Waste Control Commission as required by the Waste Control C o m m i s s i o n A c t . T h e p r o p o s e d c o n - nection conforms to the adopted comprehensive plan or adopte d r e v i s i o n s t h e r e o f . This permit does not replace permits required by Minnesota Poll u t i o n C o n t r o l A g e n c y o r t h e n e c e s - sity of securing other permits and fulfilling requirements of other g o v e r n m e n t a l u n i t s . The permittee shall indemnify and hold harmless the Waste Co n t r o l C o m m i s s i o n f r o m a n y a n d a l l damages or claims as a result of any condition including dam a g e t o W a s t e C o n t r o l C o m m i s s i o n facilities involving the installation of the connection. This permit is subject to modification or revocation and may b e s u s p e n d e d a t a n y t i m e f o r f a i l u r e to comply with terms stated herein. Acknowledgement of permit fees in accordance with Section I V o f t h e R u l e s a n d R e g u l a t i o n s f o r parties other than government units, if applicable, is made a part o f t h i s p e r m i t a g r e e m e n t . Supplemental Data Sheet on the reverse side of this sheet is in c l u d e d a s p a r t o f t h i s A g r e e m e n t . If this connection is not made within 90 days from th e d a t e o f e x e c u t i o n t h i s permit is null and void. APPLICANT: Date. Signature (Municipal Official): Community: APPROVED: Date: Signature DIRECTOR OF ENGINEERING Roumanian Nuts Contra Commission Note: Fig out reverse sods CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-233 I.C. 52-066 RESOLUTION APPROVING SUPPLEMENT NO. 1 TO CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 32-49-85 WITH HENNEPIN COUNTY FOR CORRECTIVE WORK ON CITY WEST PARKWAY EXTENSION WHEREAS, Agreement No. PW 32-49-85 for participation in the improve- ments to County State Aid Highway No. 62 (Crosstown Highway) between County State Aid Highway No. 4 and County State Aid Highway No. 61, as Hennepin County Project No. 6839, has been prepared, presented and approved by the Eden Prairie City Council. WHEREAS, Supplement No. 1 to Agreement No. PW 32-49-85 includes cost participation in the settlement problem on City West Parkway Extension. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that said supplement to agreement be in all things approved and hereby authorizes its Mayor and City Manager to sign Supplement No. 1 to Agreement No. PW 32-49-85, Hennepin County Project No. 6839. ADOPTED by the Eden Prairie City Council on November 7, 1989. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, City Clerk Supplement No. 1 to Agreement No. PW 32-49-85 County Project No. 6839 S.A.P. 27-604-08 County State Aid Highway No. 62 City of Eden Prairie County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT, Made and entered into this day of , 19 by and between the County of Hennepin, a body politic and corporate under th e l a w s o f t h e State of Minnesota, hereinafter referred to as the "County" and the City o f E d e n Prairie, a body politic and corporate under the laws of the State of Minn e s o t a , hereinafter referred to as the "City". WITNESSETH: WHEREAS, There exists in full force and effect Agreement No. PW 32-49-85, d a t e d October 15, 1985, between the County and the City covering the constructi o n o f C o u n t y State Aid Highway No. 62 between 105 feet east of County State Aid Highwa y 4 a n d 8 8 0 feet east of County State Aid Highway 61 (Engineer's Stations IN 148+90 t o L E B 378+62.54) as shown on the County Engineer's plans for County Project No. 6 8 3 9 , w h i c h improvement contemplates and includes grading, aggregate base, concrete pa v e m e n t , plant-mixed bituminous base, plant-mixed bituminous surface, plant-mixed b i t u m i n o u s shoulders, concrete curb and gutter, storm sewer, landscaping, median barr i e r , watermain, traffic signals, bridge construction and other related improvem e n t s ; a n d WHEREAS, The City has requested the County to help correct a settlement p r o b l e m on City West Parkway because of the fill placed by the County during constr u c t i o n o f C.P. 6839; and WHEREAS, The above described project lies within the corporate limits of t h e City, and WHEREAS, The City Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for correcting the sett l e m e n t p r o b l e m and an estimate of the total cost for contract work in the sum of Thirty F o u r T h o u s a n d Five Hundred Fourteen Dollars and Forty Cents ($34,514.40), estimated as f o l l o w s : Supplement No. I to Agreement No. PW 32-49-85 and 1. light Weight Material (shredded tires) - 2. Common Excavation - 3. Placement of Cap Material - 4. Placement of Tires - 5. Geotextiles - furnish and installed - $14,210.00 12,012.00 1,864.80 4,552.00 1,875.60 WHEREAS, It is contemplated that said work be carried out by the parties h e r e t o under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 6271.59; and, WHEREAS, The parties hereto, therefore, desire to amend said Agreement N o . P W 32-49-85 as hereinafter set forth. NOW THEREFORE, IT IS HEREBY AGREED: The City shall contract to remove the surcharge on City West Parkway and r e p l a c e with tire chips as the lightweight fill. II The City will administer the contract and inspect the construction of the contract work contemplated herewith. III The County shall reimburse the City for its share in the construction cost o f the contract work for said project. The County and the City shall share e q u a l l y (50-50) in the cost of this work. The County shall pay the City its share w i t h i n 3 0 days of receipt of an invoice from the City. -2- Supplement No. 1 to Agreement No. PW 32-49-85 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be ex e c u t e d by their respective duly authorized officers as of t h e d a y a n d y e a r f i r s t a b o v e written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: k. By: Clerk of the County Board Date: Upon proper execution, this agreement will be legally valid and binding, By: Assistant County Attorney \‘. - Date: By: Chairman of its County Board Date: And: Associate County Administrator and County Engineer Date: RECOMMENDED FOR APPROVAL Approved as to execution By E.; Director. Department o' Puolic Assistant County Attorney Date: Date: CHANCE ORDER NO. 4 Pagc 1 of 3 November 1, 1989 Projects: Hidden Glen 3rd Addition Improvements - I.C.-102, RCM No. 861013-3 Wyndham Crest Addition Improvements - I.C.-52-129, RCM No. 871013-0 To: Nodland Construction Company, Inc. You arc hereby dircctcd to make the following changes in the Contract D o c u m e n t s . I. Hidden Glen 3rd Addition A. Nature of Changes I. Clean streets to remove soils from roadway surface prior to wear course paving. 2. Construct 7" concrete driveway apron for Tom Thumb convenience store. 3. Provide required stripping for T.H. 101. 4. Install 100 feet of 4 inch perforated P.V.C. pipe as directed in field. 5. Steam clean M.H. to remove odors. 6. Remove soil from storm sewers. Soil and dcbris were introduced into storm sewer by home builder's operations. B. Justifications I. Soils were deposited onto roadway surface as a result of hou s e construction. 2. Provide access to Tom Thumb. 3. Provide drainage. 4. Eliminate source of odors. 5. Prevent clogging up storm sewer. C. Adjustments to Hidden Glen 3rd Addition Contract quantities and co s t s . Item Item Description Vij_i't Unit Ouantitv .1jç Amount I. Broom and clean roadways L.S. 1 $1,049.74 $1,049.74 2. Driveway apron 7" thickness L.S. 1 1,129.30 1,129.30 3. Pavement painting L.S. 1 1,035.00 1,035.00 "-307. 11 Page 2 of 3 Item Item Description Unit Unit Ouantitv Price Amount 4. 4" pert". P.V.C. (100 L.F.) L.S. 1 800.00 800.00 Total increase to Hidden Glen 3rd Addition $6,345.29 II. Wyndham Crest Addition A. Nature of Changes I. Clean streets to remove soils from roadway prior to wear course pa v i n g . 2. Install curb outlet pipe and replace sidewalk location to be fina l i z e d i n field. 3. Raise two sanitary manholes. 4. Remove and replace 25 feet of broken concrete curb. 5. Re-mobilization. B. Justifications. I. Comply with acceptable construction practices. 2. Improve street drainage. 3. Final lot grading, resulted in two inplace sanitary manholes bei n g t o o low. 4. Concrete curb was broken by house builder's operations. 5. Storm sewer installation was interrupted because site grading w a s n o t complete. C. Adjustments to Wyndham Crest Addition Contract quantities and c o s t s . item Item Description VI__Lti Unit Ouantitv Amount 1. Broom and clean roadways L.S. 1 $329.28 $329.28 2. Curb outlet pipe and concrete sidewalk L.S. 705.00 705.00 3. Raise MI-I's (2) L.S. 1 1,085.00 1,085.00 4. Remove and replace concrete curb L.S. 375.00 375.00 5. Re-mobilization L.S. 1,000.00 1.000.00 Total increase to Wyndham Crest Addition $3,494.28 By Page 3 of 3 Summary of Contract Ad iustments Original Contract Price Contract Amount prior to this Change Order (includes Change Orders 1, 2 and 3) Net Increase from this Change Order Current contract amount including this Change Order The Above Changes are Atataroved RIEKE CARROLL MULLER ASSOCIATES, INC. CITY OF EDEN PRAIRIE $793,512.00 977,167.00 9,839.57 $987,006.57 Date The Above Changes are Accepted NODLAND CONSTRUCTION COMPANY, INC. By Date MEMORANDUM TO: Mayor and City Council FROM: David Lindahl, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: October 12, 1989 RE: TRANSFER OF (CDBG) SCATTERED SITE FUNDS TO HOUSING REHABILITATION PROGRAM Due to the recent high number of Housing Rehabilitation loans currently being processed by the City, the Rehab Program budget will soon be exhausted. Of the $5,546 presently available in the combined Year XIV & XV Rehab budgets, $9,563 is committed, leaving a budget deficit of -$4,017. Transferring the remaining Year XIV Scattered Site budget of $14,594 to the Rehab program will provide $10,577 for the Rehab Program through July, 1990, when additional Year XVI funds become available. This will leave $37,445 of the Year XV Scattered Site budget available for the Scattered Site Program through 1990, in addition to Year XVI funds which will become available in July, 1990. Transferring funds from Scattered Site to Rehab should allow ample funding for the Scattered Site Program, while providing the funds needed to adequately facilitate the Rehab Program. With the Council's authorization, staff will notify Hennepin County to immediately transfer Scattered Site funds to the Rehab Program as proposed. RESOLUTION NO. 89-231 A RESOLUTION DECLARING THE WEEK OF DECEMBER 3 - 9, 1989 AS "CITIES FIGHT BACK AGAINST DRUGS WEEK" WHEREAS, the presence of drugs and narcotics in American society has resulted in innumerable problems of human, community, social and economic dimensions; and WHEREAS, the consequences of drug-related problems are witnessed in the loss of human lives, the loss of economic productivity, the diversion of public resources to address these problems on all fronts and are threats to the health of the people; and WHEREAS, the dissolution of the family, an inadequate education system, poverty, unemployment, and greed all contribute to illegal drug use; and WHEREAS, the demand for illegal drugs is a pervasive problem that affects all segments of society, including professional and affluent people; and WHEREAS, illegal drugs plague urban, suburban, and rural communities of all sizes and regions; and WHEREAS, illegal drugs constitute a problem in this community and lead to a host of problems such as homicides, robberies, burglaries and other crimes, and domestic violence; and WHEREAS, a national war on drugs has been declared to combat the importation, trafficking, sale, and abuse of drugs; and WHEREAS, the nation's cities and towns are on the frontlines of the war on drugs; and WHEREAS, hundreds of America's dedicated public servants have died and thousands of others risk their lives daily to fight cities' individual battles against illegal drugs and the criminal activities stemming from illegal drugs; NOW, THEREFORE BE IT RESOLVED the the Council of the City of Eden Prairie declares December 3 to 9, 1989 as "Cities Fight Back Against Drugs Week"; and BE IT FURTHER RESOLVED that the City is on record urging community groups, schools, and business and civic organizations to support and participate in special activities during that week to draw community attention to this issue. Adopted by the City Council of the City of Eden Prairie on this 7th day of November, 1989. GARY D. PE1LRSON, MOM ATTEST: JOHN D. I-RANE, CITY CLERK Hiway 494/Crosstown Racquet, Swim and Health Club CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 51-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Community Commercial District and amendment of zoning within said Community Commercial District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Community Commercial District, and amended within the Community Commercial District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 7, 1989, entered into between Northwest Racquet, Swim and Health Club, Inc., and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of November, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of November, 1989. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of HIWAY 494/CROSSTOWN RACQUET, SWIM,LHEALTH CLUB Zonin, from Rural to C-Corn tnat cart at the north halt of tne WortieaSt Quarter 01 Section 3. Townsni0 lie, A.... 27. descrier., as follows: Beginning at the intersection Of the north Jane of the SOuth 450.00 feet of sato noeln nail of tne Nortneast Ou ,,,,, sottn the west right of say line 01 interstate nlonway No. 494; thence Norf. mg Oegrees 44 minutes OS seconds West 6:0 on fee,. along said north line, to the center line of County ROan NC 60; trehre South 03 oegrees 32 minutes. Oa seconos Last 190.21 feet, along Said Center line: thence South 09 degrees 43 minutes 49 intones East 320 99 feet, therce Nortn 00 0e9reeS 16 mlnutes 11 seconds East 52.69 feet, tnence South Bo eegrees 43 minuses 49 seconds East 304.72 feet. to the westerly right of way line 01 Interstate HIgnway No 494; (fleece North 07 degrees 22 minutes 01 SeCOnOS hest 116.37 feet. along sald right of way llne to the point of regln-."' Preliminary Plat Twat Pat of the North nalf of the Hort Quarter of-Sectien 3. TOwnShle 116, Range 22, deter toed as follows; Beginning at the intersection of the south line of said North half of the Northeast Quarter wttn the west right of way line of Interstate Highway NO. 494; thence North 89 degrees 44 minute, 05 seconds west 345.61 feet, along Said south line; thence North 00 degrees IS mlnuteS 55 Seconds Last 02.00 feet, tneece worin 89 degrees 44 minutes 05 seconds West 315.95 feet: thence North 30 eeSrees •• eicuteS OS Seconds ...et 38.60 feet; thee.0e„NOrte 39 degrees 09 minutes 36 seconds West 33.00 feet.t0 the center lins.of Cough? . Road no, 60; tnence northeasterly, and northerly 102.74 feet on said center line along • nontangential curve. Concave to the northwest. radius 408.26 feet. Central angle 54 degrees 22 minu(eS 28 Seconds. chord bearing North 23 degrees 19 minutes 10 Seconds Cast: thence North 03 degrees 32 minutes 04 seconos west 99.05 feet. along Said center line; tnence South 09 oegrees 43 ml rrrrr 49 seconds East 120.99 feet: tnence North 00 degrees 1s minute. 11 seconds East 52.69 feet; tnente South 89 degrees 43 minutes 49 seconds East 304.77 feet. to the westerly right of way line of Tote e Ntereasy NO. 494; thence South 07 degree$ 22 einutes Os seconds East 315.65 feet, along Said westerly line to the point of beginning. That part of the North half of the Northeast Quarter 01 Section 3. TOwnSh70 116, Range 22. described as follows: Oeginntng at the intersection of the norm n line of tne south 450.00 feet of said North nail, of.the Northeast Quarter with the west right Of neV line Of . Interstate Highway NO. 49s; thence North 89 degrees 44 Si 05 seconds hest 620.00 feet. along Sat0 north line, to the Center line of County Pozo No 60; thence South 03 degrees:31 mlnutea Oe Seconds East 190.21 feet. along sod eeeee line; tnelce South 09 degrees 43 minutes 49 seconds East 320.99 feet: thente Nortn OD degrees 16 alnutes 11 seconds East 52.69 feet; thence South Bo degrees 43 minutes 49 seconds East 304.77 tees, to tne westerly ',grit of way line of Interstate Hignwar No. 494: thence NOrtn 07 degrees. 22 .tnwt.. 04 seconds West 138.37 feet. along said right of way tine to the point of reginning: , • Zoning_ District Amendment and Preliminary Plat That part of the North Half of the Northeast Quarter of Section 3. Township 116 North. Range 22 West, Hennepin County, Minnesota lying westerly of the westerly right of way of Interstate Highway No. 494 as described in Document No. 3688429, lying easterly of the easterly right of way line of County Road No. 60, lying northerly and westerly of the following described boundary lines Commencing at the point of intersection of the centerline of said County Road NO. 60 with a line parallel with and 450 feet northerly. of, as measured at right angles with, the south line Of said North Half of the Northeast Quarter; thence northerly along said centerline 30.06 feet thence easterly along a line parallel with said south line 33.07 feet to said easterly right of way line of County Road No. 60 and the point of beginning of the boundary line to be described, thence continue easterly along said parallel line a distance of 298.80 feet; thence northerly slang a line parallel with said centerline 2)5.49 feet; thence eaaterly along a line parallel with said south line 269.29 feet to the intersection with said westerly right of way line of Interstate Highway No. 491 and said line there terminating. and lying southerly, southeasterly and easterly of the following described line: Commencing at the southeast corner of Section 31, Township 117, Range 22; thence North 88 degrees 23 minutes 12 seconds West, assumed bearing, along the north line of the Northeast Quarter of said Section 3 • distance of 853.31 feet; thence South 1 degree 36 minutes 18 seconds West • distance of 193.79 feet to • point hereinafter known as Point A; thence continuing South 1 degree 36 minutes 18 seconds West a distance of 46.21 feet to the south line of the north 240.00 feet of said North Half of the Northeast Quarter; thence North 88 degrees 23 minutes 12 seconde west along sold south line a distance of 402.74 feet to Said easterly right of way line of County Rood NO. 60 and the point of beginning of the line to be described, thence South 88 degrees 23 minutes 12 seconds East along said south line • distance of 17.00 feet to a line which bears South 3 degrees 32 minutes 22 seconds East from • point on the north line of said Northeast Quarter distant 1260.65 feet westerly from the noutheast corner of said Section 31, thence North 3 degrees 32 minutes 22 seconds west a distance of 61.46 feet; thence North 41 degrees 03 minutes 09 seconds East 5 distance of 52.62 feet to a line which bears North 79 degrees 46 minutes 53 seconds west from said Point A; thence South 79 degrees 46 minutes 53 seconds East through said Point A • distance of 483.32 feet to said westerly right of way line of Said Inter-state Highway No. 494 and said boundary line there terminating. LTJ/14/Northwest/1 SUPPLEPENT TO DEVELOPER'S AMEEMEN" THIS AGREEMEC made and entered into this day of 1989, by and between Northwest Racquet, Swim & Health Clubs, Inc., a Minneso t a corporation, hereinafter referred to as "Developer" and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City." RECITALS: A. Normandale Tennis Clubs, Inc. has changed its name and is now known as Northwest Racquet, Swim & Health Clubs, Inc. It is one and the save entity. B. Normandale Tennis Clubs, Inc. and City made and entered into a Developer's Agreement dated July 15, 1986 for the construction of the Hig h w a y 494/Crosstown Racquet, Swim and Health Club (the "Developer's Agreement"). C. Developer is the fee owner of that tract of land described on Exhibit A attached hereto and incorporated herein by reference. D. City is the fee owner of the property described on Exhibit B attached hereto and incorporated herein by reference. E. The parties hereto agree to amend the Developer's Agreement referred to hereinabove and to make improvements to the property described on Exhib i t s A and B. NOw, THEREFORE, in consideration of the City adopted Ordinance 51-88, and other good and valuable consideration, the Developer and City agree that : 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. is amended to read as follows: Developer shall develop the property in conformance with the materials revised and dated June 18, 1986, reviewed and approved 1 by the City Council on January 7, 1987, and in conformance with the materials revised and dated June 1E, 1986, reviewed and approved by the City Council on January 7, 1987, and in conformance with the materials revised and dated September 21, 1988, reviewed and approved by the City Council on November 1, 1988, attached hereto as Exhibit C, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. B. Paragraph 4 is amended by adding item E. as follows: "E. A revised landscape plan to include a minimum of 10-foot high evergreen trees to be located adjacent to the parking structure and to include large caliper inch plant materials within the proposed green area adjacent to the building expansion, all as depicted in EXhibit C, attached hereto. Developer shall also include a revised landscape plan for the tennis court and for screening of the "temporary parking area" all as depicted in said Exhibit C." C. Paragraphs 8. - 14. shall be added as follows: "8. Developer agrees that Developer will, at its cost and expense, construct four tennis courts on the property of the City described on Exhibit B herein pursuant to the details provided in Exhibit C attached hereto. City agrees to allow Developer to utilize the temporary parking area for construction purposes under the following conditions: A. Developer shall be allowed to utilize the temporary parking area for parking of vehicles while the parking ramp is under construction, but no longer than November 1, 1990. No later than November 1, 1990, Developer shall open the parking ramp for permanent parking for the facility. B. As of November 1, 1990, City agrees that one-half of the temporary parking area shall be available for the use by Developer for purposes of construction trailers and construction equipment needed during the expansion of the structure, all as depicted in Exhibit C, attached hereto. C. Effective November 1, 1991, Developer shall have removed from the temporary parking area all construction trailers and construction equipment and any other materials from that portion of the property. D. Effective November 1, 1992, Developer agrees to have completed construction of the tennis courts referred to above. Developer agrees that any changes to the schedule of events as stated above may only be approved by the City Council. 2 9. Prior to issuance of any permit for grading upon the property, Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to obtain City approval of said measures. Prior to approval by the City, the Developer shall call for on-site inspection of the property by the City. Any defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials shall then be corrected by the Developer, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit C. Developer shall place snow fencing at the construction limits of the property prior to any grading upon the property. 10. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and obtain the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees used for reforestation shall be no less than three inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a diameter inch basis, according to a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree reforestation plan is required, Developer agrees that, prior to issuance of any building permit, Developer will submit a bond, or letter of credit, guaranteeing completion of all tree reforestation work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 3 11. Developer agrees to implement a parking management plan in o r d e r to keep users of the property from parking on the public street s and to keep traffic from backing up on puolic roads. Developer agrees to implement said parking management plan prior to issuance of any grading, or building, permit for the property. Developer further agrees that said parking management plan shal l be an ongoing function for the use of the property and that sai d plan shall consist of the following items: A. The recommendations of the Parking and Traffic Study for Highway 494/Crosstown Racquet, Swim and Health Club in the City of Eden Prairie, dated September, 1988, prepared by Strgar-Roscoe-Fausch, Inc., are attached hereto as Exhibit D, and made a part hereof. B. The Recommendations for Proposed Parking Ramp from the Eden Prairie Police Department dated November 30, 1988, are attached hereto as Exhibit E, and made a part hereof. 12. Prior to issuance by the City of a building permit for construction of the parking ramp, Developer agrees to have the "temporary parking area" constructed and available for use, in order to avoid overflow of the parking onto public streets withi n the adjacent residential subdivisions. Developer further agrees that, upon receipt of the building permit for the parking structure on the property, Developer shal l proceed with all due speed to construct said parking ramp. The parking ramp shall be available for occupancy and fully functioning for one peak season (Cctober through April) prior to issuance by the City of any building permit for construction of the addition to the club facilities as depicted in Exhibit C, attached hereto. 13. After construction on the parking ramp for the property is completed, Developer agrees to implement a parking ramp inspection program for purposes of maintaining safety for users of this structure on the property. Developer agrees to notify City of said inspection program and results of periodic inspections of the parking structure. 14. Developer and City acknowledge that, with the addition of th r e e stories for the parking ramp on the property, the site will provide for 708 parking spaces. Further, it is acknowledged that, with a fourth level on the parking ramp, the total number of parking spaces available on the property would be 620. Developer and City agree that Developer may construction only the 708 parking spaces at this time. It is further agreed that, should City, in its sole discretion, determine that a parking problem exists for the property, Developer shall construct the fourth level of the parking ramp in order to provide for the 4 additional parking required." 2. Developer agrees to all of the terms and conditions and accepts the obligations of Developer under the Developer's Agreement, as supplemented herein. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. NORT4M.= RACQUET, SWIM & HEALTH CLUBS, INC. (formerly known as Normandale Tennis Clubs, Inc.) By CITY OF EDEN PRAIRIE 5 Hiway 494/Crosstown Racquet Swim, and Health Club CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-237 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 51-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 51-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of November, 1989; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 51-88, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil, or six-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 51-88 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on November 7, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Hiway 494/Crosstown Racquet, Swim & Health Club CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 51-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNE S O T A , R E M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMEN D I N G T H E L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CIT Y C O D E C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVIS I O N S THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MIN N E S O T A , O R D A I N S : Summary: This Ordinance allows rezoning of land loca t e d e a s t o f Baker Road, north of Holasek Lane, from the R u r a l D i s t r i c t t o t h e C o m m u n i t y Commercial District and amending the zoning of l a n d w i t h i n t h e C o m m u n i t y C o m m e r c i a l District, subject to the terms and conditions o f a d e v e l o p e r ' s a g r e e m e n t . E x h i b i t A, included with this Ordinance, gives the full l e g a l d e s c r i p t i o n o f t h i s p r o p e r t y . Effective Date: This Ordinance shall take effect upon publicati o n . ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. (A full copy of the text of this Ordinance is av a i l a b l e f r o m t h e C i t y C l e r k . ) 3 1 00 Crestwood '89 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 30-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FR O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and m a d e a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-22 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in t h e R1-22 District, and the legal descriptions of land in each District referred t o i n City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are am e n d e d accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" a n d Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in t h e i r entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Land Hold Agreement executed by Alex and Irene Dorenkemper and Rich a r d and Judith Wilson, dated November 7, 1989, which Agreement is hereby made a p a r t hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of August, 1989, and finally read and adopted and o r d e r e d published at a regular meeting of the City Council of said City on the 7th d a y o f November, 1989. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A LEGAL DESCRIPTION Outlot A, Crestwood 73, according to the recorded plat thereof on file in the o f f i c e of the Register of Deeds in and for Hennepin County, Minnesota. LAND HOLD AGREEMENT WHEREAS, the undersigned, Alex and Irene Dorenkemper, husband and wi f e , a n d Richard and Judith Wilson, husband and wife, ("Owners") represent that t h e y a r e t h e legal or equitable owners of approximately 2.17 acres of real propert y w i t h i n t h e County of Hennepin and State of Minnesota, and more fully described on E x h i b i t " A " attached hereto and incorporated herein (the "Land"); and WHEREAS, Owners have applied for preliminary plat of the Land and rezoning of approximately .84 acres (proposed lot 1 of the Land); and WHEREAS, the parties agree that to plat the Land as above indicated, i t i s not practical nor feasible at this time to develop lot 2 of the Land; a n d WHEREAS, the owners agree that lot 2 of the land cannot be serve d b y municipal water and sewage facilities and other services, at this time; NOW, THEREFORE, the Owners on behalf of themselves, their heirs, grant e e s , and assigns do hereby agree as follows: 1. Owners agree that they will not apply for any building permit on lot 2 of the Land until full public sewer and water service is extended to lots 1 a n d 2 of the Land. 2. Owners acknowledge and agree that this Agreement shall not operate to waive any requirements of the Eden Prairie City Code. 3. This Agreement shall min with the Land and bind Owners, their successors, heirs, grantees, and assigns. 3 0) Crestwood '89 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-239 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 30-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 30-89 was adopted and ordered p u b l i s h e d a t a r e g u l a r meeting of the City Council of the City of Eden Prairie o n t h e 7 t h d a y o f N o v e m b e r , 1989; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O F T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 30- 8 9 , w h i c h i s attached hereto, is approved, and the City Council fi n d s t h a t s a i d text clearly informs the public of the intent and ef f e c t o f s a i d ordinance. B. That said text shall be published once in the Eden Prair i e N e w s i n a body type no smaller than non-pareil, or six-point type , a s d e f i n e d in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made a v a i l a b l e f o r inspection by any person during regular office hours a t t h e o f f i c e of the City Clerk and a copy of the entire text of t h e O r d i n a n c e shall be posted in the City Hall. D. That Ordinance No. 30-89 shall be recorded in the ordi n a n c e b o o k , along with proof of publication required by paragrap h B h e r e i n , within 20 days after said publication. ADOPTED by the City Council on November 7, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Crestwood '89 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 30-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CER T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DES C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: §JETALZ: This Ordinance allows rezoning of land located north of Dell Drive, west of Crestwood Terrace, from the Rural Distr i c t t o t h e R 1 - 2 2 District, subject to the terms and conditions of a developer's a g r e e m e n t . E x h i b i t A, included with this Ordinance, gives the full legal description o f t h i s p r o p e r t y . Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. (A full copy of the text of this Ordinance is available from the C i t y C l e r k . ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-236 A RESOLUTION APPROVING FINAL PLAT OF CRESTWOOD 89 WHEREAS, the plat of CRESTWOOD 89 has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for CRESTWOOD 89 is approved upon compliance with the recommendation of the City Engineer's report on this plat dated NOVEMBER 1, 1989. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on NOVEMBER 7, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Member s THROUGH: Carl J. Jullie, City Manage r Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technicia n DATE: November 1, 1989 SUBJECT: Crestwood 89 PROPOSAL: The owners, Alex Dorenkemper and Ri c h a r d W i l s o n , h a v e r e q u e s t e d City Council approval of the final pl a t o f C r e s t w o o d 8 9 . L o c a t e d s o u t h of Pioneer Trail and north of Crest w o o d D r i v e i n the north half of Section 30, the plat contains 2.17 a c r e s t o b e d i v i d e d i n t o t w o l o t s . This plat is a replat of Outlot A, Cr e s t w o o d 7 3 . HISTORY: The preliminary plat was approved b y t h e C i t y C o u n c i l A u g u s t 1 5 , 1989 per Resolution No. 89-177. First reading of Ordinance No. 30-89, c h a n g i n g z o n i n g f r o m R u r a l t o R 1 - 22, was first read by the City Counci l A u g u s t 1 5 , 1 9 8 9 a n d i s s c h e d u l e d for final reading and approval at t h e N o v e m b e r 7 , 1 9 8 9 C i t y C o u n c i l meeting. There is no Developer's Agreement pert a i n i n g t o t h i s s u b d i v i s i o n . VARIANCES: All variance requests must be proce s s e d t h r o u g h t h e B o a r d o f Appeals. UTILITIES AND STREETS: This area lies outside of the MUSA l i n e a n d t h e r e f o r e not served by municipal utilities. F o r t h a t r e a s o n , t h e D e v e l o p e r s h a l l enter into a land-hold agreement that s t i p u l a t e s n o b u i l d i n g p e r m i t w i l l be issued for proposed Lot 2 until pu b l i c s e w e r a n d w a t e r i s e x t e n d e d t o serve the property. PARK DEDICATION: Park dedication will conform to th e r e q u i r e m e n t s o f C i t y Code. RECOMMENDATION: Recommend approval of the final pla t o f C r e s t w o o d 8 9 s u b j e c t to the requirements of this report and t h e f o l l o w i n g : 1. Receipt of engineering fee in the am o u n t o f $ 2 5 0 . 0 0 2. Execution of land-hold agreement. JJ:ssa Burnett Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered i n t o a s o f , 1989, by Transtar, Inc., a Minnesota corpor a t i o n , h e r e i n a f t e r r e f e r r e d t o a s " D e v e l o p e r , " a n d the CITY OF EDEN PRAIRIE, a muni c i p a l c o r p o r a t i o n , h e r e i n a f t e r r e f e r r e d t o a s "City:" WITNESSETH: WHEREAS, Developer has applied to C i t y f o r P r e l i m i n a r y P l a t o f 4 . 5 7 a c r e s into nine lots and road right-of-w a y f o r s i n g l e f a m i l y r e s i d e n t i a l d e v e l o p m e n t , a l l situated in Hennepin County, State o f M i n n e s o t a , m o r e f u l l y d e s c r i b e d i n E x h i b i t A , attached hereto and made a part he r e o f , a n d s a i d a c r e a g e h e r e i n a f t e r r e f e r r e d t o a s "the property:" NOW, THEREFORE, in consideration o f t h e C i t y a d o p t i n g R e s o l u t i o n # 8 9 - , Developer covenants and agrees to c o n s t r u c t i o n u p o n , d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the pro p e r t y i n c o n f o r m a n c e w i t h t h e materials revised and dated Septemb e r 1 , 1 9 8 9 , r e v i e w e d a n d a p p r o v e d by the City Council on September 5 , 1 9 8 9 , a n d a t t a c h e d h e r e t o a s Exhibit 8, subject to such change s a n d m o d i f i c a t i o n s a s p r o v i d e d herein. Developer shall not devel o p , c o n s t r u c t u p o n , o r m a i n t a i n the property in any other respect o r m a n n e r t h a n p r o v i d e d h e r e i n . 2. Developer covenants and agrees to t h e p e r f o r m a n c e a n d o b s e r v a n c e b y Developer at such times and in s u c h m a n n e r a s p r o v i d e d t h e r e i n o f all of the terms, covenants, agree m e n t s , a n d c o n d i t i o n s s e t f o r t h i n Exhibit C, attached hereto and mad e a p a r t h e r e o f . 3. Concurrent with, and as part of t h e f i n a l p l a t f o r t h e p r o p e r t y , Developer agrees to revise the des i g n o f t h e l o t s o n t h e p r o p e r t y t o provide that the intersection of t h e r o a d o n t h e p r o p e r t y a t B e n n e t t Place shall be shifted to the nort h 1 5 f t . 4. Prior to any "land alteration" as t h a t t e r m i s d e f i n e d i n C i t y C o d e Chapter 11, Section 11.55, Devel o p e r a g r e e s t o a p p l y t o t h e C i t y Engineer, and obtain the City E n g i n e e r ' s a p p r o v a l o f a l a n d alteration permit for the property in accordance with said Section 11.55. The land alteration permit shall, among other conditions and requirements, include mitigation of tree loss for 146 caliper inches of trees. 5. Prior to release by City of the final plat for the property, Developer shall submit to the Board of Appeals of the City, and obtain the Board's approval of variances for lot frontage on a public street for Lots 7 and 8, Block 1, as depicted in Exhibit B, attached hereto. 6. Prior to release by the City of the final plat for the property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, irrigation systems, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 7. Concurrent with street and utility construction on the property, Developer agrees to construct, or cause to be constructed, a five- foot wide sidewalk along the north side of the public street to be constructed on the property as depicted in Exhibit B, attached hereto. Developer agrees to construct said sidewalk in accordance with the specifications for sidewalks as approved by the Director of Parks, Recreation, and Natural Resources and in accordance with the terms and conditions of Exhibit C, attached hereto. 8. Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of a landscape plan which provides a screen for headlights from the property on land located at 9925 Bennett Place, east of the property. Said screen shall be located along the western portion of the land locat3d at 9925 Bennett Place and may include berming, plant materials, fencing, or a combination of such berming and materials. Developer agrees to provide a performance bond in an amount equal to one and one-half times the value of implementation of said landscape plan to the Director of Planning, in accordance with City Code Chapter 11, Section 11.03. Developer further agrees that, concurrent with construction of streets and utilities on the property, Developer shall implement, or cause to be implemented, said screen, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto, prior to release by City of any building permit for the property. EXHIBIT A Legal Description Lot 8, Block 3, CREEKVIEW ESTATES, Hennepin County, Minnesota :3110 Burnett Addition OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN TRANSTAR, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of • 1989, by and between Carol Burnett, an individual, hereinafter r e f e r r e d t o a s " O w n e r , " a n d the City of Eden Prairie, hereinafter referred to as " C i t y : " For and in consideration of, and to induce, City to a d o p t R e s o l u t i o n # 8 9 - , approving the final plat for the property owned by O w n e r , a s m o r e f u l l y d e s c r i b e d in that certain Developer's Agreement entered into a s o f 1989, by and between Transtar, Inc., and City, Own e r a g r e e s w i t h t h e C i t y a s follows: 1. This Agreement shall be binding upon and enforceable a g a i n s t O w n e r , her successors, heirs, and assigns of the property. 2. If the Owner transfers such property, Owner sha l l o b t a i n a n agreement from the transferree requiring that such tra n s f e r e e a g r e e to the terms of the Developer's Agreement. OWNER CAROL BURNETT MEMORANDUM TO: THRU: FROM: DATE: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Parks, Recreation & Natural Resources 17 ! November 2, 1989 SUBJECT: Updated Appraisal of Elaine Jacques Property In late 1987 the City received notice that it was awarded a LAWCON Grant for acquisition and development of 24 acres of Elaine Jacques's property on the east shore of Riley Lake. In early 1988 the City Council authorized staff to obtain an appraisal of Elaine Jacques's property for acquisition as per the LAWCON Grant. The rules of the grant are that the grant is based on paying the City 50% of the appraised value, rather than 50% of the actual cost of the land. It is, therefore, very important to have an appraisal that is close to the actual purchase price in order to receive the maximum amount of money from the grant. In April of 1988 the City received an appraisal from Russell Smith for the Jacques property estimating the 24 acres to be acquired at a value of $277,000. Mr. Smith's appraisal was based on the value of the property that had been sold within the MUSA line and subtracting the holding costs for the property to the year 2000. Shortly after Mr. Smith's appraisal was completed, it became apparent that the developers were acquiring property outside of the MUSA line for approximately $16,000-$16,500 per acre. These developers were anticipating the MUSA line being adjusted earlier than the year 2000. City staff met with Mrs. Jacques on several occasions in 1988 to discuss terms of a possible City acquisition of her property. There were lengthy discussions regarding the exact location of the park boundary line, the number of acres to be acquired, how the park was to be developed, and the cost of the property. After receiving copies of purchase agreements on adjacent properties, the City Council authorized staff to prepare an updated appraisal early in 1989. The adjusted value of the 24 acres was $410,000 including buildings that are located on the property, Staff submitted an offer to Mrs. Jacques based on the $410,000 value in early May of 1989. This offer was rejected by Mrs. Jacques shortly afterward when her attorney notified the City that she had entered into a purchase agreements with a developer for her entire property at a price significantly higher than what was offered by the City. The City then submitted a purchas e a g r e e m e n t w i t h a d e v e l o p e r f o r the 24 acres, that would be closed on immediately after his closing with Mrs. Jacques, which was schedu l e d f o r m i d - A u g u s t o f t h i s y e a r . In late October of this year, the d e v e l o p e r i n f o r m e d s t a f f t h a t t h e reason that he had not closed on the purchase ag r e e m e n t w a s t h a t he was unable to obtain financing at this time, but intends to continue to pursue financing for h i s p r o j e c t . The State of Minnesota original l y r e q u i r e d t h e C i t y t o h a v e completed the acquisition and d e v e l o p m e n t o f t h e R i l e y L a k e addition by July of 1989. Staff at t h e S t a t e h a v e b e e n v e r y u n d e r - standing regarding the delays thus f a r , b u t h a v e l e t t h e C i t y k n o w that unless this land is acquired i n t h e v e r y n e a r f u t u r e a n d t h e City commits to the improvements i n 1 9 9 0 t h e L A W C O N G r a n t w i l l b e withdrawn. Since the LAWCON Grant amount is b a s e d o n t h e a c t u a l a p p r a i s e d value and since Mrs. Jacques's a t t o r n e y h a s i n d i c a t e d t h a t s h e would not sell this property for le s s t h a n t h e o f f e r a g r e e d t o w i t h the developer, City staff reque s t e d a n a p p r a i s a l b a s e d o n t h e purchase agreement terms the devel o p e r m a d e w i t h M r s . J a c q u e s a n d the adjacent property owners. Att a c h e d t o t h i s m e m o i s a c o p y o f the most recent appraisal based o n t h o s e p u r c h a s e a g r e e m e n t s a n d using information from other recent s a l e s o f p r o p e r t y i n t h a t a r e a . The appraised amount is $447,000 f o r t h e 2 4 a c r e s i n c l u d i n g t h e buildings on the site. This amount is approximately $2 , 0 0 0 p e r a c r e l e s s t h a n t h e developer offered, however, when considering the term s o f p a y m e n t and all the clauses that are subj e c t t o a p p r o v a l s , a n d t h e f a c t that the developer was unable t o c l o s e o n t h e p r o p e r t y , t h e appraiser has arrived at this as th e v a l u e t o d a y . City staff requests authorization f o r t h e C i t y A t t o r n e y t o s u b m i t an offer to Mrs. Jacques based on t h i s m o s t r e c e n t a p p r a i s a l . Matching funds for this grant acqu i s i t i o n a n d d e v e l o p m e n t p r o j e c t would come from the cash park fee f u n d . BL:mdd Sincerely, N. Craig/46hnson, MAI Eberhardt ;01T0MMOIC1AISMA8LWAM , N. CRAIG JOHNSON MA! REAL ESTATE APPRAISER • CONSULTANT October 31, 1989 It City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344-3677 Attention: Mr. Robert A. Lambert Director of Parks, Recreation and Natural Resources Re: Jacques Property 9021 Riley Lake Road Gentlemen: As requested, I have prepared an appraisal of the referenced property for the purpose of estimating its present Market Values. My findings, supportive data, and conclusions are contained in the attached Report. The estimated Market Value as of October 31, 1989 is: - $447,000 - Please advise if I can clarify any aspect of this Report or assist further at this time. dh enc PO. Box 1385 • Minneapolis, Minnesota 55440 • 612/336-4200 • FAX 6121339-4352 1 INTRODUCTION Property Identification The appraised property - also referred to herein as the Subject - consists of a 24 acre parcel located on the west side of Riley Lake Road and north of the C & NW RR right-of-way in Eden Prairie, Hennepin County, MN. Basic information: - Legal description: Commencing at a point in the center line of town road a distance of 321.6 feet Northerly from its intersection with the Northwesterly line of the Milwaukee and St. Louis Railroad right-of-way; thence due West 33 feet to the shore of Riley Laked; thence Northerly along said shoreline 50.3 feet to the actual point of beginning; thence due East 339.7 feet to said right-of-way line; thence Northeasterly along said right-of-way line to the North line of Government Lot 3; thence due West 20 feet to the actual point of beginning; thence due North a distance of 1,110 feet; thence due West a distance of 1,000 feet; thence Southwesterly perpendicular to right-of-way of Riley Lake Road to shoreline of Riley Lake; thence Southeasterly along said shoreline to a point 280 feet North of the South line a distance of 390 feet to the Easterly line of Government Lot 2; thence South a distance of 280 feet along said line; thence East a distance of 540 feet to the point of beginning, except roadway. (This legal description is subject to change with survey of property). - Zoning: Rural (minimum of 10 acres per residence); guided for low density residential when public utilities become available. - Ownership: Elaine Jacques, subject to purchase agreement executed June 2, 1989; no change in ownership over the past several years. - Improvements: The Subject is part of a larger (120 acre) parcel; the original farmstead constitutes the improvements - the structures are presumed to contribute no significant value to the property. 2 Appraisal Issue The purpose of this appraisal is to estimate the pres e n t M a r k e t Value of the Subject property. Also referred to a s P r o b a b l e Selling Price, this may be defined as the most probable p r i c e w h i c h a property should bring in a competitive and open marke t u n d e r a l l conditions requisite to a fair sale, the buyer and se l l e r , e a c h acting prudently, knowledgeably and assuming the pr i c e i s n o t affected by undue stimulus. Implicit in this definit i o n i s t h e consummation of a sale as of specified date and the p a s s i n g o f title from seller to buyer under conditions whereby: 1. Buyer and Seller are typically motivated. 2. Both parties are well informed or well advised, and ea c h acting in what he considers his own best interest. 3. A reasonable time is allowed for exposure in the o p e n market. 4. Payment is made in terms of cash in U.S. dollars or i n terms of financial arrangements comparable thereto. 5. The price represents the normal consideration for t h e property sold unaffected by special or creative financ i n g or sales concessions granted by anyone associate with t h e sale. Function of Report The function of this Appraisal is to assist the c l i e n t i n establishing an offering price for the properties. The property rights appraised consist of the Fee Inter e s t . A boundary survey was not available for review; n o a t y p i c a l easements or encroachments are assumed. !:j 3 LOCATION COMMENTS Community Eden Prairie is a large (36 square miles), second tier suburb located eight miles southwest of Minneapolis. As a political subdivision it anchors the southwest corner of Hennepin County; its west boundary is Carver County, the east boundary is Bloomington. It lies 11 miles southwest of downtown Minneapolis and 8 miles west of the International Airport. Eden Prairie grew slowly during the 1960's but rapid growth commenced in the 1970's as the city extended utilities. Over the past decade growth has been rapid, with over 7,000 new housing units since 1978; the average housing (unit) price is $135,000 - third highest in the Metro Area. Eden Prairie's current population approaches 38,000 (an increase of over 100% since 1980) and is expected to grow at the rate of 2,000 persons per year. The median family income is estimated at $45,000, ranking second in the Metro Area behind neighboring Edina. The geography of Eden Prairie is an extension of Minnetonka, Edina and West Bloomington; wooded, rolling terrain with creeks and several natural lakes. The community's land use plan calls for a variety of low density residential districts with the major commercial development confined to the major center area: located at the confluence of Highways 494 and 169. The focal point of the major center area is Eden Prairie Center, an 800,000 SF regional shopping center developed by Homart. As new highways have improved access, considerable development (office, retail, restaurants) has occurred on the Center's periphery. Eden Prairie has also evolved as an employment center; the labor force is estimated to be in excess of 19,000 persons. Major employers, dominated by "high tech" firms, include the following: Firm Produce/Services EMployees CPT Computers 900 Lee Data Computers 1,000 Gelco Transportation & Leasing 900 Rosemount Aerospace 1,500 Super Value Food 700 School District and Vo-Tech Institute Education 600 4 Eaton/Char-Lynn Fabri-Tek MTS Systems McGlynn Bakeries Magnetic Peripherals Data Serv Cooperative Power Ass'n. Perkin - Elmer Starkey Labs American Family Research, Inc. Wilson Learning Hydraulics Electronics Hydraulics Food Computers Computers Utility Instruments Electronics Insurance Engineering Adult Education 700 400 800 600 1,000 700 600 400 500 450 450 250 Commercial and industrial growth has been encouraged by the City's accessibility and road systems. Interstate 494, the outer beltline, bisects the Northeast quadrant of the city, continuing east to the International Airport (10 miles) and beyond into the eastern Metro area. Highway 169 is a limited-access 4 lane arterial functioning as a secondary north-south expressway for the entire county; this also functions as Eden Prairie's western boundary. Highways 212 and 5 extend southwest and west, respectively, from County Road 62 (the east-west crosstown); Highway 212 is scheduled for expansion, and Highway 5 is currently being upgraded - the latter extends west into Carver County. The Crosstown expressway (County Road 62) functions as the city's northerly boundary and terminates at Eden Prairie Road (County Road 4); this road is scheduled for upgrading (to 4 lane status) from the 1-494 interchange to Eden Prairie Road. Access within the community and to all sections of the Metro area is excellent. The normal drive time to downtown Minneapolis and/or the International Airport is 20 minutes. Growth Pattern Eden Prairie is viewed as having a desirable combination of natural amenities and urban services, providing an attractive area of residential development. The number of residential housing units has increased dramatically from 1,685 units in 1970 to an estimated 12,000 units at this time. Because only 2/3 of the land area designated for residential development is now absorbed, it is anticipated that the escalated pace of residential development will continue. Eden Prairie's commercial and industrial growth has also been progressing at a rapid pace with total commercial and industrial space in excess of 11,000,000 square feet. Most office development 1 5 has taken place around the Eden Prairie major center area (MCA), which is Eden Prairie's "downtown", and in and around the City West planned use development. Recent public service development to complement the city's rapid growth has included a new high school building, a new Public Safety building, a community sports complex, and an indoor ice arena as well as continued expansions of the trail and park system. In summary, Eden Prairie is now well established as a "full service" community. Because its neighboring communities (Minnetonka, Edina, West Bloomington) are mature suburbs essentially 100% developed, Eden Prairie's residential appeal is very strong; the housing mix is balanced between entry level and upper bracket. The economic and social trend continues to be strongly favorable. Vicinity The appraised property is located in the Southwestern sector of the community, specifically near the Northeast shore of Lake Riley. The property is separated from the shoreline by Riley Lake Road - this road is presumed to be vacated if the property were developed for another use. The immediate area is generally developed with older farmsteads and scattered houses on small acreages; it is accessed via Pioneer Trail (County Road 1). The adjacent parcel to the south is improved with a public park facility. The area is currently outside the MUSA (Metropolitan Urban Service Area) line, which separates the rural area from those sectors where utilities are available. The MUSA line, thus, tends to establish value limits as well. However, considering (1) the rapid growth and absorption of developable land within the community, and (2) the extent of development proximate to this area, it is reasonably probable that the immediate vicinity may be serviced within 3 to 5 rather than the 8 to 10 year period originally anticipated. 6 THE REAL ESTATE Site The site, as indicated on the following sketch, consists of approximately 24 acres; it is located east of Lake Riley, and Riley Lake Road separates the west boundary of the site from the lakeshore. This road presently accesses the site, but is presumed to be vacated upon acquisition of the property. The topography is generally rolling and partly wooded. The improvements consist of the original farmstead (house and outbuildings); these are presumed to contribute minimal, if any, value to the property. The site is zoned Rural. Any new development at this time is limited to a residence, and the required density is a minimum of 10 acres. The land use guide plan currently in effect provides for - upon availability of utilities - low density residential development (2.5 residential sites per acre). Optimum Use Also referred to as Highest and Best Use, this is the use (or uses) selected for a given site which - over a reasonable investment period - are likely to result in the maximum land value. The use selected must be: legally permissible physically possible - economically feasible - environmentally compatible In the context of legal and physically possible use(s), the Subject has been approved for low to medium density housing development as described above. Up to this time the site has been zoned Rural, a zoning category designed to control premature development in areas unserviced with utilities. As discussed earlier, Eden Prairie's growth pattern is now well established and strong housing demand is forecasted to continue. As inf ill parcels are improved, new development will continue westward; limited only by the availability of utilities and road systems. In my opinion the guided use - detached, low density residential - represents the Optimum Use. Such a development could be accomplished solely with the Subject, or in conjunction with adjacent parcels as part of a larger, phased development. Ges `‘ N k Lake Riley' 1 ,.. 319 10 a5'35 25-E. L1.., 94 9 Z 9.0 :tot or' S. ze000 icat Csa.1. Lel Z 4 0 s aro mil 1111111 mil ammo awl lig _ 948,8, _ _11110.... till - 1AT 551 00 !,.:47:0,9%042192_, 494 11 V4.5". It NW,. SVA. nry LA' • Parcel 493 90 58A It 94 g-> • 42',;<_;// Map prepared from survey done by Cardarelle & Associates. 12/13/88. map is appoximate since it is a copy reduction of original certificate of survey. CA'95.311Z4i — C 1"=200' 7 However, an alternate use may be one wh i c h c o n t r i b u t e s t o t h e o v e r - all benefit of the community rather tha n t o p r o f i t in the private sector. Considering that the adjacent property t o t h e s o u t h i s i m p r o v e d a s a public park, the inclusion of the Subje c t f o r p a r k e x p a n s i o n m a y also be considered the Optimum U s e i n t e r m s o f c o m m u n i t y betterment. In summary, the considered Optimum Us e o f t h e s i t e i s , u n d e r t h e criteria cited above, either for deta c h e d r e s i d e n t i a l d e v e l o p m e n t or public parkland. 8 THE VALUATION PROCESS Cost Approach The cost approach recognizes the estimated market value of the land plus the depreciated replacement cost of the improvements. Depreciation includes physical deterioration, plus functional an d economic obsolescence if applicable. Economic App oach The economic approach involves forecasting potential income, deducting applicable expenses and capitalizing the estimated net income into value using a capitalization rate appropriate for the specific property under present market conditions. Market Aporoach This approach is a direct comparison method of estimating value, involving the analysis of market activity - sales of comparable properties - and from this deriving an indicated value. Correlation The credibility of each approach is dependent upon the specific property, type, market conditions, and the adequacy of pertinent data. Theoretically, all three of the traditional approaches should develop the same value if all relevant data were available and the marketplace a perfect one. As such is not the case a value range will be developed. In the correlation the appraiser weighs the strengths and weaknesses in the various approaches, and accordingly, selects the final value estimate. In summary, the conventional approaches measure: - the cost to create less depreciation, - the discounted value of future benefits, and - the indicated value based upon market prices of comparable real estate. The objective of the appraisal process is to convert costs, incom e and market indicators into a defined value conclusion. 9 Approach Selected The most credible approach in the valuation of unimproved land involves market comparison: examining the appraised property in relation to sites similar in locational attributes, physical characteristics, and potential use which have either recently sold or are offered for sale. Sales Data The only recent data directly comparable to the Subject relates to surrounding properties. Several purchase agreements have been negotiated, apparently reflecting the intent (of the developer/purchaser) to assemble a large, contiguous tract for the purpose of developing a mixed-use residential PUD (golf course, housing, supportive commercial). There has been no formal development plan submitted to the Eden Prairie planning staff as of this time. The Subject is part of a larger parcel containing approximately 121 acres; this property is also part of the assemblage, which is described below: Property Price Subject $2,312,800 Dolejsi property (138.8 ac) 2,800,000 BB & D property (153 ac) 2,486,000 Schraur property (131 ac) 2,125,000 Price Per Acre $20,007 20,172 16,249 16,221 I have confirmed the above with the selling agent; however, none of the above sales have - as of this date - actually closed, thus the data is not conclusive. I have also considered recent sales of larger tracts, all immediately developable because utilities are available; these are cited on Table I, following: TABLE I SALES: DEVELOPABLE PARCELS SALE PRICE LOCATION DATE ACRES PER ACRE PID # 1. SEC Highway 101 10/88 27.2 $25,500 06-116-22-21-0001 & 62nd Street 2. SWC Co. Rd. 4 10/88 38.3 $22,762 20-116-22-13-0002 & Pioneer Trail 3. West side of 9/88 30 $28,159 20-116-22-14-0007 Co. Rd. 4 at Summit Drive 4. NEC Mitchell Road 12/87 29.2 $25,714 22-116-22-23-0006 & Research Road 5. SEC Rowland Road 9/87 18.6 $26,882 02-116-22-21-0004 & Highway 62 1 1 $ales Data The sales were confirmed either (1) through the selling broker, o r (2) through public records. The sales were, essentially, on a ca s h basis - no adjustment for cash equivalency is consider e d applicable. Adjustment Factors Each comparable sale is subject:to adjustment; this process relate s the varying characteristics of the comparable property to th e subject. The primary adjustment factors are time, market-perceiv e d location influences, and unusual conditions (terms, soi l correction, etc.). The time factor is significant only on sales prior to 1989; I hav e selected 5% as an appropriate annual rate to reflect appreciation. Adjustments for location reflect (1) proximity to road syste m s , shopping, etc. and (2) the amenity of lakeshore or views; a n y development of the Subject would, presumably, create a com m o n amenity from the lakeshore area. Adjustments: Sale 1/ Adjusted price per acre Time Location Lakeshore Price per acre 1 - $25,500 +5% Less remote, None, +30% $31,875 -10% 2 - $22,762 +5% Equal Equal $28,453 3 - $28,159 +5% Equal Equal $35,199 4 - $25,714 +10% Equal Lake views, $25,714 -0- 5 - $26,882 +10% Equal Lake views, $26,882 -0- Conclusion: $30,000 per acre considered most probable. s,1‘w 12 'MARY AND CONCLUSION summary The indicated value per acre ($25,000) is based upoA sales of developable sites. This estimate is subject to further adjustment to reflect the time period involved until the Subject is, also, developable. The estimate for the availability of utilities varies between 5 and 10 years; I have selected the former considering that Eden Prairie's rapid development pace is likely to continue. Thus, the value must be discounted to reflect that the Subject is not immediately developable. The discount rate selected is 10%; this rate reflects alternative investments similar in quality, and also reflects a developer's cost of capital - the effective charge on borrowed funds or the yield on capital to the extent it is invested. The discount rate is the basis for the factor which relates a future income (or value) into an estimate of present worth. The estimated value per acre: $30,000 Discount factor @ 10%: .6209 Present value per acre: 18,627 Conclusion Accordingly, the estimated Market Value of the Subject as of October 31, 1989 is $18,627 per acre (x 24), or (Rounded): - $447,000 - CERTIFICATION The undersigned does hereby certify the following except as otherwise noted in this Appraisal Report: 1. I have inspected the property. 2. I have no present or contemplated future interest in the real estate that is the subject of this Appraisal Report. 3. I have no personal interest or bias with respect to the subject matter of this Appraisal Report or the parties involved. 4. To the best of my knowledge and belief the statements of fact contained in this Appraisal Report, upon which the analyses, opinions and conclusions expressed herein are based are true and correct. 5. This Appraisal Report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions and conclusions contained in this report. 6. This Appraisal Report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the American Institute of Real Estate Appraisers of the National Association of Realtors. 7. No one other than the undersigned prepared the analyses, conclusions and opinions concerning real estate that are set forth in this Appraisal Report. 8. The American Institute of Real Estate Appraisers conducts a voluntary program of continuing professional education for its designated members. MM and RM members who meet the minimum standards of this program are awarded periodic educational certification. I am currently certified under this program. 9. My compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in, or the use of, this report. N.,C4aig Johnson, M.A.I. ".3 AaagMPTIONS AND LIMITING CONDITIONS The certification of the Appraiser a p p e a r i n g i n t h i s a p p r a i s a l report is subject to the following c o n d i t i o n s a n d t o s u c h o t h e r specific and limiting conditions a s a r e s e t f o r t h b y t h e Appraiser in the report: 1. The Appraiser assumes no responsibi l i t y f o r m a t t e r s o f a legal nature affecting the property a p p r a i s e d o r t h e t i t l e thereto, nor does the Appraiser rende r a n y o p t i o n a s t o t h e title, which is assumed to be market a b l e . T h e p r o p e r t y i s appraised as though under respon s i b l e o w n e r s h i p a n d management. Existing liens or encumbrances hav e b e e n disregarded, and the property has be e n a p p r a i s e d a s t h o u g h free and clear of existing indebtedn e s s , u n l e s s o t h e r w i s e stated in the Report. 2. Any sketch in this Report is included t o a s s i s t t h e r e a d e r in visualizing the property, and the A p p r a i s e r a s s u m e s n o responsibility for its accuracy. The A p p r a i s e r h a s m a d e n o survey of the property. The legal des c r i p t i o n u s e d i n t h i s Report is assumed to be correct. 3. The Appraiser assumes that there are n o h i d d e n o r u n a p p a r e n t conditions of the property, subsoil , o r s t r u c t u r e s w h i c h would render it more or less valu a b l e . The Appraiser assumes no responsibility to discove r s u c h f a c t o r s . All mechanical and structural components a r e a s s u m e d o p e r a b l e and of status standard for properties o f t h e t y p e a p p r a i s e d unless stated otherwise; conditio n o f a l l m e c h a n i c a l equipment is considered commensurate w i t h t h e c o n d i t i o n s o f the balance of the improvements. N o j u d g m e n t i s m a d e relative to adequacy of insulation or e n e r g y e f f i c i e n c y o f the improvements; these are assum e d s t a n d a r d f o r t h e appraised property's type and age. 4. Information, estimates and opinio n s f u r n i s h e d t o t h e Appraiser and contained in this Repo r t w e r e o b t a i n e d f r o m sources considered reliable and bel i e v e d t o b e t r u e a n d correct. However, responsibility for a c c u r a c y o f s u c h i t e m s furnished in the appraisal is not ass u m e d by the Appraiser. 5. Disclosure by the Appraiser of t h e c o n t e n t s o f t h i s appraisal report is subject to review i n a c c o r d a n c e w i t h t h e by-laws and regulations of the pr o f e s s i o n a l a p p r a i s a l organizations with which the Appraiser i s a f f i l i a t e d . v4, I Assumptions and Limiting Conditions (contd.) 6. The appraiser is not required to appear in court or give testimony by reason of the completion of this assignment without predetermined arrangements and agreements. 7. Neither all nor any part of the contents cA' this Report especially any conclusions as to value, the identity of the Appraiser or the firm with which he is connected or any reference to the American Institute of Real Estate Appraisers shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the Appraiser. 8. This appraisal report and its contents must be regarded as a whole and any excerpts from this appraisal cannot be used separately and, if used separately, invalidates this appraisal. 9. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws unless noncompliance is stated, defined and considered in the Appraisal Report. 10. It is assumed that all applicable zoning and use regulations and restrictions have been complied with unless nonconformity has been stated, defined and considered in the Appraisal Report. 11. It is assumed that all required licenses, consents or other legislative or administrative authority from any local, state or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this Report is based. 12. It is assumed that the utilization of the land is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted within the Report. 13. It is assumed that all construction - if applicable - will be completed in accordance with plans and specifications. The estimated market value is as of the Appraisal date, as proposed, and if fully complete and operating at the projected levels of income and expense. 3 3 3 1 I 14. The appraiser reserves the right to alter comments and conclusions if pertinent facts - unknown during the appraisal process - become known subsequent to completion of the Appraisal Report. Further, the estimated Market Value is subject to change over time - as may be dictated by market circumstances. 15. No responsibility is assumed for any hidden, unapparent, or apparent conditions of or in the appraised real estate which render it more or less valuable; no responsibility is assumed for (1) any toxic or contaminated material present in either the site or structure(s), and (2) any consequences arising from the need for flood hazard insurance. 16. Acceptance of and/or use of this Report constitutes acceptance of the foregoing general assumptions and limiting conditions. I 3 3 3Lei j N. CRAIG JOHNSON. MM il EDUCATION I Formal: Bachelor of Science, Economics, Macalester College, 1960 11 Professional: • Course I, A.I.RE.A., University of Nebraska, (Principles) • Course 11, A.I.B.E.A., University of Chicago, (Urban) • Course IV, A.I.R.E.A., University of Georgia, (Condemnation) • Course VI, A.I.R.E.A., University of Chicago, (Income Property) • Course VII, A.I.R.E.A., University of Chicago, (Industrial) • Graduate, School of Mortgage Banking, Northwestern University • Numerous seminars and continuing education courses sponsored by professional associations and real estate educational groups PROFESSIONAL AFFILIATIONS • Member. American Institute of Real Estate Appraisers (MAI) • Certified Mortgage Banker. Mortgage Bankers Association of America (CMB) • Minneapolis Area Association of Realtors BUSINESS RESUME • 1978- Private Practice: Real Estate Appraisal, Consulting, Feasibility Studies • 1')7 2-1978 Vice President; Senior Appraiser (1972-78); Senior Commercial Loan Officer (1972-75); Manager Loan Marketing (1975-78); Manager Government Housing Division (1975-78); Eberhardt Company, Minneapolis, Minnesota • 1970-1972 Assistant Vice President, Conservative Mortgage Company, Minneapolis, Minnesota; Manager Commercial Loan Division • 1960-1970 Investment Analyst, Commercial Loan Officer, Real Estate Appraiser (Northwestern National Ide, Knutson Mortgage Corporation, Draper & Kramer, Inc.) EXPERIENCE Actively engaged in the analysis and valuation of residential and income properties since 1963. Clients include the following: • State Farm Insurance Company • Prudential Insurance Company • Metropolitan Life Insurance Company • Lutheran Brotherhood • New York Life Insurance Company • First Bank Minneapolis, PBS Mortgage Corporation • Norwest Kink —Norwest Mortgage Corporation • Mortgage Guaranty Insurance Corporation • Hennepin County, State of Minnesota • llniversity of Minnesota • Numerous individuals, law firms, municipalities, government agencies, banks, savings institutions, real estate developers and as banking companies Tech 10 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 39-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the 1-2 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the 1-2 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 7, 1989, entered into between Hoyt Development, a general partnership, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of October, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of November, 1989. ATTEST: John D. Frame, CitY —tlerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A LEGAL DESCRIPTION Outlot A, TECHNOLOGY PARK 6 T H A D D I T I O N , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f a n d t h a t p a r t o f Outlot A, TECHNOLOGY PARK 5 T H A D D I T I O N , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f d e s c r i b e d a s follows: Beginning at the Northeast cor n e r o f s a i d O u t l o t A , T E C H N O L O G Y P A R K 5 T H A D D I T I O N , said Northeast corner being comm o n t o t h e S o u t h e a s t c o r n e r ' . ) 1 s a i d O u t l o t A . T E C H N O L O G Y P A R K 6TH ADDITION: thence on an ass u m e d b e a r i n g o f N o r t h 8 7 d e g r e e s 0 6 m i n u t e s 3 5 s e c o n d s W e s t , along the northerly line of said O u l l o t A , T E C H N O L O G Y P A R K 5 T H A D D I T I O N , a d i s t a n c e of 524,93 feet; thence North 0 d e g r e e s 3 4 m i n u t e s 1 7 s e c o n d s W e s t a d i s t a n c e o f 3 3 8 . 6 5 f e e t to the Northwest corner of said O u t l e t A , T E C H N O L O G Y P A R K 6 T H A D D I T I O N ; t h e n c e N o r t h 86 degrees 38 minutes 28 secon d s W e s t . a l o n g t h e w e s t e r l y e x t e n s i o n o f t h e N o r t h l i n e o f s a i d Outlet A, TECHNOLOGY PARK 6 T H A D D I T I O N , a d i s t a n c e o f 3 3 . 9 f e e t : !hence South 3 degrees 21 minutes 32 seconds west a d i s t a n c e 0 1 4 1 9 . 0 0 f e e t : t h e n c e S o u t h 8 6 d e g r e e s 3 8 m i n u t e s 28 seconds East a distance of 5 8 4 . 9 5 f e e t , m o r e o r l e s s , t o t h e E a s t e r l y l i n e o f s a i d O u t l o t A, TECHNOLOGY PARK 5TH AD D I T I O N : t h e n c e n o r t h e r l y , a l o n g s a i d e a s t e r l y l i n t , t o t h e p o i n t of beginning. Tech X DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1989, by BBS Partners, a Minnesota general partnersh i p , a n d H o y t D e v e l o p m e n t C o m p a n y , a Minnesota corporation, hereinafter jointly refe r r e d t o a s " D e v e l o p e r , " a n d t h e C I T Y OF EDEN PRAIRIE, a municipal corporation, herei n a f t e r r e f e r r e d t o a s " C i t y : " W1TNESSETH: WHEREAS, Developer has applied to City for Zon i n g D i s t r i c t C h a n g e f r o m R u r a l to 1-2 on 5.6 acres, Preliminary Plat of 5.6 a c r e s i n t o o n e l o t , a n d S i t e P l a n Review on 5.6 acres for construction of a 73,80 6 s q . f t . o f f i c e - w a r e h o u s e b u i l d i n g , situated in Hennepin County, State of Minnesota , m o r e f u l l y d e s c r i b e d i n E x h i b i t A , attached hereto and made a part hereof, and sai d a c r e a g e h e r e i n a f t e r r e f e r r e d t o a s "the property;" NOW, THEREFORE, in consideration of the City a d o p t i n g O r d i n a n c e # 3 9 - 8 9 , Developer covenants and agrees to construction u p o n , d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in co n f o r m a n c e w i t h t h e materials revised and dated September 27, 1 9 8 9 , r e v i e w e d a n d approved by the City Council on October 3, 198 9 , a n d a t t a c h e d h e r e t o as Exhibit B, subject to such changes and mod i f i c a t i o n s a s p r o v i d e d herein. Developer shall not develop, constr u c t u p o n , o r m a i n t a i n the property in any other respect or manner th a n p r o v i d e d h e r e i n . 2. Developer covenants and agrees to the perform a n c e a n d o b s e r v a n c e b y Developer at such times and in such manner a s p r o v i d e d t h e r e i n o f all of the terms, covenants, agreements, and c o n d i t i o n s s e t f o r t h i n Exhibit C, attached hereto and made a part her e o f . 3. Prior to issuance by the City of any buil d i n g p e r m i t f o r t h e property, Developer shall submit to the City E n g i n e e r , a n d t o o b t a i n the City Engineer's approval of plans for str e e t s , s a n i t a r y s e w e r , water, irrigation systems, storm sewer, and er o s i o n c o n t r o l f o r t h e property. Upon approval by the City Engineer, De v e l o p e r s h a l l c o n s t r u c t , o r cause to be constructed, those improve m e n t s l i s t e d a b o v e i n s a i d plans, as approved by the City Engineer, i n a c c o r d a n c e w i t h E x h i b i t C, attached hereto. 4. Developer acknowledges that construct i o n a n d d e v e l o p m e n t o n t h e property is subject to the terms and cond i t i o n s o f a l a n d a l t e r a t i o n permit, which includes requirements for m i t i g a t i o n o f a n y t r e e l o s s , among other conditions and requirements. 5. Prior to issuance of any building permit o n t h e p r o p e r t y , D e v e l o p e r agrees to submit to the Director of Pl a n n i n g , a n d t o o b t a i n t h e Director's approval of: A. A lighting plan for the property, which i n d i c a t e s t h e s i z e , style, height, location, and type of mat e r i a l s t o b e u s e d for all lighting to be implemented on th e s t r u c t u r e a n d o n the property. B. A floor plan for the structure, which i n d i c a t e s t h e u s e s (i.e. office, warehousing, manufacturin g ) f o r t h e i n t e r i o r square footage of the structure. C. A landscape plan which provides for 268 c a l i p e r i n c h e s o f trees to be located on the property. Upon approval by the Director of Plann i n g , D e v e l o p e r a g r e e s t o implement, or cause to be implemented, t h o s e i m p r o v e m e n t s l i s t e d above, as approved by the Director of Pl a n n i n g , i n a c c o r d a n c e w i t h the terms and conditions of Exhibit C, a t t a c h e d h e r e t o . 6. Developer and City acknowledge that p a r k i n g f o r t h e p r o p e r t y i s based on meeting the needs of a specific t e n a n t a n d t h a t p a r k i n g f o r the property is based upon the employee c o u n t o f s u c h t e n a n t . I t i s further acknowledged by both parties he r e t o t h a t t h e 1 2 0 p r o o f - o f - parking spaces are shown for the property , a s d e p i c t e d i n E x h i b i t B , attached hereto, and that said proof- o f - p a r k i n g s p a c e s a r e n o t required to be constructed at this time . H o w e v e r , s a i d 1 2 0 p r o o f - of-parking spaces may be required to be c o n s t r u c t e d i n t h e f u t u r e , if it is determined by City, in its so l e d i s c r e t i o n , t h a t i t i s necessary. At such time as City, in its sole discret i o n , m a y d e t e r m i n e t h a t i t is necessary for all, or a portion of, sa i d p r o o f - o f - p a r k i n g s p a c e s to be constructed, the following events sh a l l o c c u r : A. City shall notify Developer in writi n g o f t h e n e e d t o construct all, or a portion of, said 12 0 p r o o f - o f - p a r k i n g spaces based on City's sole discretion. 8. Within six (6) months of receipt of w r i t t e n n o t i c e f r o m City, Developer agrees to have comple t e d c o n s t r u c t i o n o f all, or a portion of, said 120 proof-of - p a r k i n g s p a c e s , a s determined by City, as depicted in E x h i b i t B , a t t a c h e d hereto. 7. Developer acknowledges that a total of 813 caliper inches of trees are required to be replaced on the property, as caused by the development of the property as depicted in Exhibit B., attached hereto. Developer and City agree that it is not practical to located all 813 caliper inches of replacement trees on the property. Therefore, Developer agrees to replace 268 of said 813 caliper inches of replacement trees on the property as depicted in Exhibit B, attached hereto. Further, Developer agrees that the remaining 545 caliper inches of replacement trees shall be replaced on land located directly to the south of the property as part of the development of said land. And further, Developer acknowledges that said 545 caliper inches of replacement trees shall be in addition to the amount of caliper inches, if any, which must be replaced due to development of said land in the future. All said tree replacement shall be accomplished in accordance with the City's Tree Preservation Policy as amended, or supplemented, at the time of development of said land. Tech 10 Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-240 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 39-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 39-89 was adopted and ordered p u b l i s h e d a t a r e g u l a r meeting of the City Council of the City of Eden Prair i e o n t h e 7 t h d a y o f N o v e m b e r , 1989; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L O F T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 39 - 8 9 , w h i c h i s attached hereto, is approved, and the City Council f i n d s t h a t s a i d text clearly informs the public of the intent and e f f e c t o f s a i d ordinance. B. That said text shall be published once in the Eden Pra i r i e N e w s i n a body type no smaller than non-pareil, or six-point t y p e , a s d e f i n e d in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made a v a i l a b l e f o r inspection by any person during regular office hour s a t t h e o f f i c e of the City Clerk and a copy of the entire text o f t h e O r d i n a n c e shall be posted in the City Hall. D. That Ordinance No. 39-89 shall be recorded in the o r d i n a n c e b o o k , along with proof of publication required by parag r a p h B h e r e i n , within 20 days after said publication. ADOPTED by the City Council on November 7, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Tech 10 Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 39-89 AN ORDINANCE OF THE CITY O F E D E N P R A I R I E , M I N N E S O T A , R E M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACIN G I T I N A N O T H E R , A M E N D I N G T H E L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPT I N G B Y R E F E R E N C E C I T Y C O D E C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, C O N T A I N P E N A L T Y P R O V I S I O N S THE CITY COUNCIL OF THE CIT Y O F E D E N P R A I R I E , M I N N E S O T A , O R D A I N S : 5.22EArl: This Ordinance allows rez o n i n g o f l a n d l o c a t e d a t 7 4 t h Street and Golden Triangl e D r i v e , f r o m t h e R u r a l D i s t r i c t t o t h e 1 - 2 D i s t r i c t , subject to the terms and co n d i t i o n s o f a d e v e l o p e r ' s a g r e e m e n t . E x h i b i t A , i n c l u d e d with this Ordinance, gives t h e f u l l l e g a l d e s c r i p t i o n o f t h i s p r o p e r t y . Effective Date: This Ordinance shall take e f f e c t u p o n p u b l i c a t i o n . ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. (A full copy of the text of t h i s O r d i n a n c e i s a v a i l a b l e f r o m t h e C i t y C l e r k . ) r 1 I Tech 10 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-247 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HOYT DEVELOPMENT AND BBS PARTNERS FOR TECH 10 WHEREAS, Hoyt Development and BBS Partners have applied for sit e p l a n approval of Tech 10 on 5.6 acres for construction of a 73, 8 0 6 s q . f t . office/warehouse building on property located at West 74th Stree t a n d G o l d e n Triangle Drive, to be zoned 1-2 by Ordinance #39-89 adopted by the Cit y C o u n c i l o n November 7, 1989; and, WHEREAS, the Planning Commission reviewed said application at a p u b l i c hearing at its September 25, 1989, Planning Commission meeting and r e c o m m e n d e d approval of said site plan; and, WHEREAS, the City Council has reviewed said application at a public he a r i n g at its October 2, 1989, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CIT Y O F EDEN PRAIRIE, that site plan approval be granted to Hoyt Developm e n t a n d B B S Partners for construction of a 73,806 sq. ft. office/warehouse buil d i n g , b a s e d o n plans dated September 27, 1989, subject to the terms and conditions o f t h a t c e r t a i n Developer's Agreement between Hoyt Development and BBS Partners, a n d t h e C i t y o f Eden Prairie, dated November 7, 1989, for said Tech 10 development. ADOPTED by the City Council on November 7, 1989. GiF-3, D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 349 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-234 A RESOLUTION APPROVING FINAL PLAT OF TECHNOLOGY PARK 7TH ADDITION WHEREAS, the plat of TECHNOLOGY PARK 7TH A D D I T I O N h a s b e e n s u b m i t t e d i n a manner required for platting land under the E d e n P r a i r i e O r d i n a n c e C o d e a n d under Chapter 462 of the Minnesota Statute s a n d a l l p r o c e e d i n g s h a v e b e e n duly had thereunder, and WHEREAS, said plat is in all respects consi s t e n t w i t h t h e C i t y p l a n a n d t h e regulations and requirements of the laws o f t h e S t a t e o f M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C O U N C I L O F T H E C I T Y O F E D E N P R A I R I E : A. Plat approval request for TECHNOLOGY PARK 7T H A D D I T I O N i s a p p r o v e d upon compliance with the recommendation o f t h e C i t y E n g i n e e r ' s report on this plat dated NOVEMBER 2, 1989. B. That the City Clerk is hereby directed to sup p l y a c e r t i f i e d c o p y o f this Resolution to the owners and subdivis i o n o f t h e a b o v e n a m e d plat. C. That the Mayor and City Manager are hereby au t h o r i z e d t o e x e c u t e t h e certificate of approval on behalf of the City Cou n c i l u p o n compliance with the foregoing provisions. ADOPTED by the City Council on NOVEMBER 7, 1 9 8 9 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician( DATE: November 2, 1989 SUBJECT: TECHNOLOGY PARK 7TH ADDITION PROPOSAL: Hoyt Development Company, owner and developer of the pr o p e r t y , h a s requested City Council approval of the final plat of Te c h n o l o g y P a r k 7 t h Addition. Located west of Golden Triangle Drive and s o u t h o f W e s t 7 4 t h Street, the plat contains 5.6 acres and is proposed to b e a c o m b i n a t i o n into one lot of Outlot A Technology Park 5th Addit i o n a n d O u t l o t A Technology Park 6th Addition for the proposed construc t i o n o f a 7 3 , 3 6 7 square foot industrial building. HISTORY: The preliminary plat was approved by City Council Oc t o b e r 3 , 1 9 8 9 per Resolution No. 89-212. Second reading of Ordin a n c e N o . 3 9 - 8 9 , zoning district change from Rural to 1-2, is sched u l e d f o r f i n a l approval by the City Council November 7, 1989. The Developer's Agreement referred to within this repo r t i s s c h e d u l e d for execution November 7, 1989. VARIANCES: All variance requests must be processed through the B o a r d o f Appeals. UTILITIES AND STREETS: Municipal utilities and streets are currently in place and available to serve this site. PARK DEDICATION: Park dedication will conform to the requirements of C i t y Code and the Developer's Agreement. BONDING: Bonding will conform to City Code and the Developer ' s A g r e e m e n t requirements. RECOMMENDATION: Recommend approval of the final plat of Technology Par k 7 t h Addition subject to the requirements of this report , t h e D e v e l o p e r ' s Agreement and the following: I. Receipt of engineering fee in the amount of $560.00 2. Receipt of street lighting fee in the amount of $486.0 0 JJ:ssa cc: Hoyt Development Ron Krueger and Associates CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-246 RESOLUTION AUTHORIZING CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAILS WHEREAS, the City of Eden Prairie has developed a plan for a wide variety of trail systems throughout the City, and WHEREAS, the City recognizes the value of providing snowmobile trails within undeveloped portions of the City, and WHEREAS, the Eden Prairie Snowdrifters Snowmobile Club and the Southwest Snowmobile Trails Association have requested the City of Eden Prairie to sponsor grant-in-aid snowmobile trails through the Minnesota Trails Assistance Program, and WHEREAS, the City of Eden Prairie desires to maintain a public snowmobile trail in the southwest area of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eden Prairie that the City of Eden Prairie will apply to the State of Minnesota for a grant-in-aids trail that will be maintained by both the Southwest Trails Association and the Eden Prairie Snowdrifters Snowmobile Club, BE IT FURTHER RESOLVED, that the Director of Parks, Recreation and Natural Resources and the City Manager are authorized to approve contractual agreements for these grants. ADOPTED, by the Eden Prairie City Council November 7, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk SEAL Cardinal Creek 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 32-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-13.5 District and be placed in the RM-6.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the R1-13.5 District and shall be included hereafter in the RM-6.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 7, 1989, entered into between GAC Partners, a Minnesota partnership, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of September, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of November, 1989. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of ''t Exhibit A Legal Description Lots 6, 7, and 8, Block 2, CARDINAL CREEK 3RD ADDITION, Hennepin,County, Minnesota. Cardinal Creek 3rd Addition Revised 1989 SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entere d i n t o a s o f t h i s day of , 1989, by and between GAC Par t n e r s , a M i n n e s o t a general partnership, transferees of the property as des c r i b e d i n t h e d e v e l o p e r ' s agreement between Gustafson & Associates, Inc., a Minne s o t a c o r p o r a t i o n , a n d t h e City of Eden Prairie, for Cardinal Creek 3rd Addition, da t e d J u n e 1 5 , 1 9 8 2 , a n d t h e City of Eden Prairie, a municipal corporation, hereinafter r e f e r r e d t o a s " C i t y ; " WHEREAS, Gustafson & Associates, Inc., and City made a n d e n t e r e d i n t o a Developer's Agreement, dated June 15, 1982, for Cardinal C r e e k 3 r d A d d i t i o n , ( t h e "Developer's Agreement") and GAC Partners has succeeded t o a l l o f t h e r i g h t s a n d interests in the lands included within a portion of the l a n d p r e v i o u s l y o w n e d b y Gustafson & Associates, Inc.; and, WHEREAS, the parties desire to amend said agreement for a p o r t i o n o f t h e property referred to in said Developer's Agreement, that p o r t i o n o f t h e p r o p e r t y being as described in Exhibit A, attached hereto and made a p a r t h e r e o f ; NOW, THEREFORE, it is agreed by and between the parties the r e t o a s f o l l o w s : 1. The Developer's Agreement shall be and hereby is suppleme n t e d a n d a m e n d e d i n that there shall be added Paragraph 10. to read as follow s : "10. Owner agrees that all units constructed on the property a s depicted in Exhibit A, attached hereto shall meet th e following criteria: "A. No new duplex structure shall be smaller in gross floor area than the smallest existing duplex structure on the property described in Exhibit A of the Developer's Agreement. "B. All new duplex structures shall be constructed with at least a double garage for each living unit." 2. GAC Partners agree to all of the terms and conditions and accept th e obligations of the "Owner" under the Developer's Agreement, as amended and supplemented herein. 31 L11 Cardinal Creek 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-243 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 32-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 32-89 was adopted and o r d e r e d p u b l i s h e d a t a r e g u l a r meeting of the City Council of the City of E d e n P r a i r i e o n t h e 7 t h d a y o f N o v e m b e r , 1989; NOW, THEREFORE, BE IT RESOLVED BY THE CI T Y C O U N C I L O F T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinan c e N o . 3 2 - 8 9 , w h i c h i s attached hereto, is approved, and the City C o u n c i l f i n d s t h a t s a i d text clearly informs the public of the int e n t a n d e f f e c t o f s a i d ordinance. B. That said text shall be published once in th e E d e n P r a i r i e N e w s i n a body type no smaller than non-pareil, or s i x - p o i n t t y p e , a s d e f i n e d in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shal l b e m a d e a v a i l a b l e f o r inspection by any person during regular of f i c e h o u r s a t t h e o f f i c e of the City Clerk and a copy of the entir e t e x t o f t h e O r d i n a n c e shall be posted in the City Hall. D. That Ordinance No. 32-89 shall be recorded i n t h e o r d i n a n c e b o o k , along with proof of publication required b y p a r a g r a p h 8 h e r e i n , within 20 days after said publication. ADOPTED by the City Council on November 7, 1 9 8 9 . Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Cardinal Creek 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 32-89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOV I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, OR D A I N S : Summary: This Ordinance allows rezoning of land located alon g Stonewood Court, from the R1-13.5 District to the RM-6.5 D i s t r i c t , s u b j e c t t o t h e terms and conditions of a developer's agreement. Exhib i t A , i n c l u d e d w i t h t h i s Ordinance, gives the full legal description of this propert y . Effective Date: This Ordinance shall take effect upon publication. ATTEST: Is/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. (A full copy of the text of this Ordinance is available from t h e C i t y C l e r k . ) '6T-8 CH•PLES S ...ODELL 7 NOMASPI,O. OL.NN ORWEL L BOWLES 0011,100 , m SMAN.40 ,4 R MCG°0"174 J•COUILL.mr,,,DiC73 ::;;nfr'n " CM01,11,0Pmr0 SmARON L TH4c50.5 Rl•NC. JO“ Rn 0 0 0.E.6 mOmt,lr J0.4.4 J 51E/EEN..A.S.,. CIANce, W 13/ COUMS, aosEPH 017,1 PIC...004. N00.7, ATHIME 0 IN I54.05T4m 5,0 NORTHWESTERN FINANCIAL CENTER 2000 PrPEN .545T 515, TOWER AEr•lok,, AVENUE SOUTH 222 SOUTH ryiry7H STREET 8,00545,10 ,0N. MINNESOTA 55435 m,NNcapoL55, m.NNESOTA 55400 TELEPHONE 5 6525 83553400 TELERH5.555.54 612 5 33R 6650 ray 56125 896- 3333 PAR 6121 336 4 ,60 NORTH susuREIAN 0,5CE 8990 SPRWSBROOS DRIVE. SUITE 250 COON RAPIDS, MINNESOTA 54433 TELEPHONE 1612. 786 5 ,5T EAR 18125 T8656715 Reply to Bloomington November 1, 1989 Mr. Mike Franzen City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 1..n triiix, Ho] liA1.1 LINDORI.N, LTD. ATTI.NN EEO AT LAW Re: Public Storage, Inc. Project Dear Mike: This letter is to follow up on our telephone conversation of earlier today and to confirm Public Storage, Inc.'s request that their project be continued from the City Council's November 7, 1989, meeting to the Council's second meeting in December. We make this request because it is our understanding that the Council will be very busy over its next two or three meetings with budget hearings and landfill matters. Please call if there is any problem with this. Sincerely, Peter K. Beck, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. kw PKB:FB2s U.S. WEST ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-241 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ARMSTRONG, TORSETH, SKOLD AND RYDEEN, INC. FOR U.S. WEST GLEN PRAIRIE ESS ADDITION WHEREAS, Armstrong, Torseth, Skold and Rydeen, Inc. has applied for site plan approval of U.S. West Glen Prairie ESS Addition on 2.1015 acres for construction of a 2,000 sq. ft. building addition located 7825 Fuller Road, currently zoned 1-2; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 10, 1989, Planning Commission meeting and recommends approval of said site plan; and, WHEREAS, the City Council has reviewed said application at a public hearing at its November 7, 1989, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Armstrong, Torseth, Skold and Rydeen, Inc. for U.S. West Glen Prairie ESS Addition, for construction of a 2,000 sq. ft. building addition, based on plans dated October 16, 1989, subject to the following conditions: A. Developer agrees to notify City and Watershed District at least 48 hours in advance of any grading on the property. B. Prior to building permit issuance, the developer shall submit to the Director of Planning, and obtain the Director's approval of a revised landscaping plan which includes additional evergreens for the screening of the trash area, and shrubbery to screen the mechanical equipment on the east side of the building and to screen the parking from Fuller Road on the west side of the building. ADOPTED by the City Council on November 7, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 3/5-1 STAFF UMP,7 Background Planning Commission Scott A. Kipp, Assistant Planner Chris Fnger, Director of Planning Octoher 6, MO U.S. West Addition Southeast corner of Hwy 5 and Fuller Road Armstrong, Torseth, Skold A Rydeen Inc. U.S• West Site Plan Review within the 1-2 Zoning District on 2.1 acres with variances for building and parl..ig lot setback from Fuller Road to he reviewed by the Board of Appeals for construction of a 2,000 square foot building addition. TO: FROM: THROUGH: DATE . PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: The Comprehensive Guide Plan depicts an Industrial land use for this site. The property was zoned 1-2 in PUB 1050 per Ordinance 135. The site contains an 3,900 square foot building known as U.S. West. IJ IM Surrounding land uses consist of Kibbey Engineering to the east, Champion Products Inc. to the south, and Deli Express to the west, all Industrial land uses. Hwy 5 ahuts the property to the north with Fuller Road to the west, and recently, a frontage road located to the south as part of the Hwy 5 improvements. The majority of vege- tation on the site consists of secondary type growth, including poplars and cottonwood. Site Plan i t 11. I LT I ' R i'2 —,_ The proponent is requesting a Site !i ff I /-- 1 \ Plan Review for a new addition C :!COM . / I' consisting of 2,000 square feet to ' be located on the south side of the ion, a total of 10,537 square feet _ Rittt315'..V.L of building will occupy the site at /• ' , existing structure. With the addit- - AREA LOCATION ,n4p: 0.S. (WItion October 5, IIBO a floor area ratio of In. City Code would allow up to 3031 in the 1 - 2 D i s t r i c t . All setbacks meet Code for this new addition. A total of six parking s t a l l s o c c u p y the site and have been utilized for a number of years. With the new ad d i t i o n , C i t y Code would require 5 spaces based on one-half stall for every 1,000 sq u a r e f e e t o f warehouse building. The proponent shall maintain the six existing stall s . As part of the new addition, a 14 foot wide hituminous lane will he c o n s t r u c t e d which leads to the new addition for delivery purposes. A concrete p a t i o w i l l h e provided at the door entrance to the addition. No overhead doors are pro p o s e d . Two variances will he required as part of this site plan review. Both variances pertain to the existing structure and not the addition itself. As part o f t h e H w y 5 improvements, Fuller Road Was reconstructed with curb and gutter and widened, requiring the need for additional right-of-way and a lot line shift. Now both the existing building and the parking stalls on the .est side of the site are in conflict with setback minimums in the 1-2 Distr -ct. These variances will need approval through the Board of Appeals. Grading and Otilities Minimal site grading will be required for the establishment of positiv e d r a i n a g e t o the east. No revisions to the existing it are necessary as p a r t o f t h i s addition. Architecture The 16 font high addition will he constructed of face brick to match the existing building. No overhead loading doors are proposed. All mechanical units will be ground mounted and screened from view with landscaping. Landscaping The proposed landscaping plan indicates the location of nine, 6 foo t e v e r g r e e n s along the south frontage road to help screen the proposed drive lane, g r o u n d m o u n t e d mechanical equipment and existing parking lot. A number of shrubs hav e b e e n a d d e d to the plan to screen the trash area from the south frontage road as w e l l . S t a f f would recommend that the landscaping plan be revised to add additional evergreens around the trash container in order to properly screen it from view. In addition, Shrub planting should bp implemented in front of the ground mounted mech a n i c a l u n i t s and along the Fuller Road frontage to screen the existing parking stalls f r o m p u b l i c view. See attachment) Staff Recommendations Staff would recommend approval of the Site Plan Review within the 1-2 Zoning District on 2.1 acres with variances for building and parking lot s e t b a c k f r o m Fuller Road to be reviewed by the Board of Appeals for construction o f a 2 , 0 0 0 square foot building addition subject to plans staff dated September 5, 1 9 8 9 , S t a f f Ieport dated October 5, 1989, and suhject to the following: U.S. West Addition 3 Octoher 6, 1989 I. Prior to building permit issuance, the proponent shall submit a revised landscaping plan which includes additional evergreens for the screening of the trash area, and additional shrubbery to screen the mechanical equipment on the east side of the building and to screen the parking from Fuller Road on the west side of the building. P. Submit 3 detailed grading and drainage plan to the City Engineer and the Watershed District for their review and approval. SAK/mmr:USWEST ,..401 --:.-,:N•12.i1.4 • , ,. , '---..,,- 1 I : , 1 \ Srl.i• ':-•'-'rrfrt::—Nyi, sd3 4'3%51'312 ';-" ! C) q! ::)t: • ) C >I 34)1( ( - .41 0j. 14r L __)am.,,c,,c„.)''a • •=3•=2°°,H, Ed- Mani /63.d3e931W4A-1- d...31 / 6;1i) / acitorow)o, /091:driglYVA-S. / '"(L? coa9 or',>1,7,1, • 11 9-ka 1,-021 •' Y-WPA ,1,(3 r)r-t -- .... ' '4i1911 ,c3••n•••.:43... ,... 93.Ca ' C MCV-14)3, -11,7ssar6145 • • 7,-,7 • 177 n • Tr" D.3) s'LL.,;;' l'‘.••'=•; • 1.1.- d,• , 34% ) .., •;3,--D ufvp'14 rum Q(ii-is I !Idly' `).• - ,),Y;;! =- ke. l• 7 —41 r•—•\ , Planning Commission Minutes 3 October 10, 1989 MOTION 1: Ruebling moved, seconded by Bauer to close the public hearing. Motion carried 5-0-0. MUTON 2: Ruebling moved, seconded by Bauer to recommend to the City Council approval of the request of Zachman Development Corporation for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.6 acres for a future single family residential development, based on plans dated October 4, 1989, subject to the recommendations of the Staff Report dated October 6, 1989. Motion carried 5-0-0. B. EDEN PLACE CENTER, by Prairie Entertainment Associates. Request for Planned Unit Development Concept Amendment on 15.2 acres, Planned Unit Development District Review on 15.2 acres with waivers, Zoning District Amendment within the C-Reg-Ser Zoning District on 6.42 acres, Preliminary Plat of 6.42 acres into two lots, and Site Plan Review on 6.42 acres for construction of a 25,742 square foot building addition to the commercial site. Location: West of Glen Lane, south and east of Eden Road. Uram reported that the proponent had requested a one month continuance. MOTION: Bauer moved, seconded by Ruebling to continue the public hearing to the November 13, 1989, Planning Commission meeting. Motion carried 5-0-0. C. ULS. WEST, by Armstrong, Torseth, Skold, and Rydeen, Inc. Request for Site Plan Review within the 1-2 Zoning District on 2.1 acres with variances to be reviewed by the Board of Appeals for construction of a 2,000 square foot building addition. Location: Southeast corner of Highway #5 and Fuller Road. Gene Borth, representing the proponent, stated that the exterior of the 2,000 square foot addition would match the existing brick. Two single doors would be added at the same elevation as presently existed. Landscaping islands would be added to screen the six new parking stalls. Dogwood scrubs would be used to screen the 3-foot high trash container. Nine Blackhill Spruce would be added throughout the area for additional screening. The parking lot would be located 2 feet below the new Fuller Road berm. Sandstad asked if the trash container area was adequately 31' Planning Commi:;sion Minutes 4 October 10, 1989 screened and if there was a restriction on the distance o f the conifers from an intersection. Uram replied that the City would maintain the conifers and would trim them if the sight distance was being obstructed. Bye asked if the Blackhill Spruce were more salt resistan t than other trees. Uram replied that the Blackhill Spruce was one of the more resistant trees. Ruebling believed that the screening around the trash containers would be more effective if conifers were used, especially in the winter. Uram reported that variances would be required due to existing conditions for buPiing and parking lot setbacks. Staff recommended that additional screening be provided t o screen the additional parking stalls and the mechanical units. Staff recommended approval of the project with t h e above changes in the landscaping noted in the Staff Report. Bye stated that she supported the additional screening of the mechanical equipment. Borth asked if Staff was recommending screening on top o f the berm. Uram replied that the city required that the parking area be screened from the roadway. Uram added that because the project was small, Staff would work wi t h the proponent on the landscaping details before going to the Council. MOTION 1: Dodge moved, seconded by Sandstad to close the public hearing. Motion carried 5-0-0. MOTION 2: Dodge moved, seconded by Sandstad to recommend to the Ci t y Council approval of the request of U.S. West for Site Pl a n Review on 2.1 acres within the 1-2 Zoning District, with variances to be reviewed by the Board of appeals, for construction of a 2,000 square foot building addition, based on plans dated September 5, 1989, subject to the recommendations of the Staff Report dated October 6, 1989 . Motion 5-0-0. V. OLD RUSINESS VI. NEW squEFU VII. PLANNER'S REPORT 6151 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-242 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Zachman Development Corporation for development of Round Lake View for Medium Density Residential use requires the amendment of the Plan; N0'..1, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 14.6 acres located north of Valley View Road, north and west of Duck Lake Road be modified from Low Density Residential to Medium Density Residential. ADOPTED by the City Council of Eden Prairie this 7th day of November, 1939. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk PUB 4:AlLtlar ' Rt A - d-E`r41 :111 I-1 ti ,0- STAFF REPORT Background The Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning October 6, 1989 Round Lake View North of Valley View Road, north and west of Duck Lake Road Zachman Development Corporation Ms. Rose Pavelka Comprehensive Guide Plan change from Low Density Residential to Medium Density Residential on 14.6 acres. TO: FROM: THRU: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: The Comprehensive Guide Plan depicts this property as a Low Density Residential land use for up to 2.5 units per acre. The property is zoned Rural and is bounded to the south by Valley View Road, the Chicago, Milwaukee, St. Paul rail- road, and the Valley Pond condo- miniums, zoned RM-6.5, to the west by Muirfield 2nd Addition zoned R1- 9.5, to the north by Prairie View Elementary School, and to the east by the Herzog Addition, zoned R1- 13.5. Surrounding Guide Plan designations depict Medium Density Residential to the south and west, Public to the north, and Low Density Residential to the east. The property is currently being farmed at this time and contains limited vegetation located along the south and west borders consisting prim- arily of elm and other scrub vegetation. AREA LOCATION ,MAPF 611s0) Round Lake View 2 October 6, 1989 Comprehensive Guide Plan Change The proponent's request at this time is to change the Comprehensive Guide Plan from a Low Density Residential land use to a Medium Density Residential land use for the development of R1-9.5 single family housing, with Phase 1 rezoning and platting of the property to follow in the Spring of 1990. The decision to change the Guide Plan must be predicated upon Medium Density Residential land use being the best use for the property. The proposed site may have merit for a Medium Density classification. The Huirfield development to the west, with an overall density of 3.08 units per acre and consisting of 81-9.5 housing is consistent with the Medium Density classification requested. Also, the Prairie View Elementary School and adjoining ball fields to the north, as well as the traffic impacts and noise relating to Valley View Road and the Chicago, Milwaukee, St. Paul railroad to the south, lend themselves more to a neighboring transition of higher density housing. Only the Herzog Addition to the east is classified as a Low Density Residential land use with three of the lots abutting Duck Lake Road adjacent to this proposed site. In addition, since the property is not wooded, an increase in site density will not have an effect on any potential tree loss to the property. The Comprehensive Guide Plan encourages the development of a variety of moderate cost housing types. The R1-9.5 Zoning District, which requires a Medium Density land use, was established in 1982 for this reason. Narrower lot frontages allowed in this Zoning District help to keep home costs down by limiting the available building area. Many R1-9.5 neighborhoods have worked very well in this respect. The proponent has demonstrated in previous R1-9.5 developments that the market is strong for first time home buyers. The Zachman 1st Addition, which was approved in December 1988, is nearly completed. This property and the surrounding land use impacts will help keep housing costs moderate and will provide the community a continued balance of housing types. Concept Plan The proposal indicates the development of 14.7 acres into 44 single family 81-9.5 lots at a density of 2.98 units per acre. City Code requires a minimum of 9,500 square foot lot size with a minimum frontage of 70 feet in the 81-9.5 Zoning District. The average lot size for this development is 11,800 square feet with an average frontage of 81 feet. No variances have been identified. With the platting of the farmstead into three additional lots, the density would be 3.1 units per acre with an average lot size of 11,100 square feet. This would be consistent with the Muirfield development at 3.08 units per acre and a 10,500 square foot lot size. The proposed plan indicates at least 9 double frontage lots along the southeast border of the property (Alternative A). This situation may cause setback constraints on housing construction since 30 foot front yard setbacks will be required on both road frontages. In addition, higher noise levels may be apparent with homes fronting two roadways and a railroad. Staff would recommend that an alternative plan be explored which would eliminate as many double frontage lots as possible by providing additional through roads to Duck Lake Road (Alternative 8). However, this sample alternative would be subject to verification of safe sight vision distance determination. Round Lake View 3 October 6, 1989 City sewer and water are available to the property with con n e c t i o n a l o n g D u c k L a k e Road and Valley View Road. An approval for a Guide Plan change to Medium Density Re s i d e n t i a l s h a l l b e b a s e d o n a concept plan for single family R1-9.5 housing which i n c l u d e s e x p l o r a t i o n t o eliminate the double frontage lot configuration. Prior to a n y s i t e d e v e l o p m e n t , t h e proponent shall submit detailed plans to be reviewed and a p p r o v e d b y t h e P l a n n i n g Commission and City Council for rezoning of the propert y t o R 1 - 9 . 5 . T h e s e p l a n s shall include but not be limited to site plan, prelimin a r y p l a t , g r a d i n g p l a n , drainage and utility plans, tree inventory and architectur a l d i v e r s i t y p l a n . Recommendation Staff would recommend approval of the Comprehensive Gui d e P l a n c h a n g e f r o m L o w Density Residential to Medium Density Residential on 14.7 a c r e s b a s e d o n t h i s s t a f f report and plans dated October 4, 1989, and subject to the f o l l o w i n g : 1. Prior to any site development, the proponent shall: (a) Submit detailed development plans for single family R1-9.5 r e z o n i n g to be reviewed and approved by the Planning Commission a n d C i t y Council which include but are not limited to site plan, pr e l i m i n a r y plat, grading plan, drainage and utility plans, tree invent o r y a n d architectural diversity plan. (b) Explore Alternative B of this report which eliminates the m a j o r i t y of the double frontage lots from the concept plan. 2. The proponent acknowledges that the maximum allowa b l e d e n s i t y f o r t h i s development shall not exceed 3.1 units per acre. SAK:mmr:RNDLAKE 3161 (1 1 6) CONDO NO 427 (6 '.") LE LEND s..._21 141130 A ,CONIDCIIIN UM .oe)0000 (I,7„.) , ( '33 136) 10 9( 1601 000 1791 00C NO 443690 80.728: (1) • 901.1 MC) ern 000 .0 97177471 80.7:2Et I (4) alternative A f. WM* (Z) PL 1111111111111 7 2,4111 p 1 3 ot witty ligr CIL CCNDO . NO 427 (6 ) LELS.21434 A CONO OW IN I 1.44 03 we) 3 000 (.10 III) 11(1 33 136) I. tf aNfr65: alternative B PLANNING COMMISSION APPROVED MINUTES MONDAY, OCTOBER 10, 1989 COMMISSION MEMBERS PRESENT: COMMISSION MEMBERS ABSENT: STAFF MEMBERS: 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Chairperson Julianne Bye, Tim Bauer, Christine Dodge, Charles Ruebling, Douglas Sandstad Richard Anderson, Robert Hallett Don Uram, Assistant Planner; Deb Edlund, Recording Secretary PLEDGE OF ALLEGIANCE I. APPROV4L OF AGENDA MnTroN: Ruebling moved, seconded by Bauer to ap p r o v e t h e A g e n d a a s published. Motion carried 5-0-0. II. MEMBERS REPOETS III. MINUTES Ruebling moved, seconded by Bauer to co n t i n u e t h e M i n u t e s o f the August 14, 1989 to the October 23, 1 9 8 9 P l a n n i n g Commission meeting. Motion carried 5-0 - 0 . T h e m i n u t e s h a d been inadvertently omitted from the Com m i s s i o n ' s p a c k e t . /V. DEVELOPMENT PROPOSALS A. ROUND LAKE VIEW, by Zachman Development Corporation. Request for Comprehensive Guide Plan Ame n d m e n t f r o m L o w Density Residential to Medium Density R e s i d e n t i a l o n 1 4 . 6 acres for a future single family devel o p m e n t . L o c a t i o n : North of Valley View Road, north and we s t o f D u c k L a k e Road. Jim Zachman, proponent, stated that the p l a n n i n g f o r t h i s project would be accomplished in two s t a g e s . T h e r e q u e s t at this time was for a Comprehensive Gu i d e P l a n c h a n g e a n d the proponent would return to the Plann i n g C o m m i s s i o n a t a later date for Preliminary Plat and Zon i n g D i s t r i c t approval. The proponent proposed R1-9.5 l o t s f o r t h i s area to develop starter homes. The pric e r a n g e w o u l d b e from $110,000 to $130,000. Uram reported that Staff recommended app r o v a l o f t h e Comprehensive Guide Plan change from Lo w D e n s i t y Residential to Medium Density Residentia l s u b j e c t t o t h e 312 P14nning Commission Minutes 2 October 10, 1989 conditions outlined on Page 3 of the Staff R e p o r t d a t e d October 6, 1989. Ruebling asked if Alternate B in the Staff R e p o r t p r o v i d e d adequate sight distances and distances betwe e n intersections. Uram replied that there was a d i s t a n c e o f 150 feet to the first intersection. Uram added that sight distances would be reviewed with the Zoning D i s t r i c t approval. Bye stated that she would like to see a stro n g c o m m i t m e n t by the proponent to construct R1-9.5 housing . Z a c h m a n replied that the FHA limit for starter homes w a s $ 1 0 4 , 0 0 0 to $110,000. He added that the highest price d h o m e w o u l d be approximately $145,000 and that the propo n e n t d i d n o t intend to go above this limit. The wider lo t s w o u l d h a v e side garage units. Zachman noted that 75% of t h e l o t s would only accommodate a 60 foot wide home. Leslie Erickson, 17670 South Shore Lane West, s t a t e d t h a t she was concerned about the grading to take p l a c e a n d t h e affect on the drainage. Erickson was also co n c e r n e d a b o u t the elevation of the new development. Zachma n r e p l i e d that the lots to the west would be developed a s w a l k o u t s . The drainage would flow to Valley View Road t h r o u g h a n outlet system which currently existed. Erick s o n t h e n asked if the hill would be taken down. Zachm a n r e p l i e d that little grading would be required on the s i t e . Erickson asked what the difference in elevati o n b e t w e e n their lot and the new development would be . Z a c h m a n replied the new homes would be approximatel y 1 0 f e e t higher in elevation. Erickson asked if the g r a d e c o u l d b e lowered. Zachman believed that lowering the g r a d e w o u l d create a drainage problem. Erickson stated t h a t t h e r e w a s currently a drainage problem in their back y a r d a n d d i d not wish to see the problem increase. Zachm a n s t a t e d t h a t the point was well taken and would be consid e r e d i n t h e preparation of the drainage plan. Zachman a d d e d t h a t t h e run-off would be the same as it was currentl y , b u t c o u l d possibly be improved. Bye explained to the Erickson's that the pla n w o u l d b e looked at further in the planning process. U r a m a d d e d that another hearing would be held when the s p e c i f i c p l a n s were available. Uram asked Zachman when it b e l i e v e d t h a t plans would be returned to the Planning Comm i s s i o n f o r further review. Zachman replied in approxima t e l y o n e month. Ed Sieber, 11792 Dunhill Road, stated that be c a u s e o f t h e assessments against the property the proponen t w a n t e d t o move forward quickly. The proponent had soug h t a n experienced builder and believed that single f a m i l y development was appropriate for the area. . Planning Commission Minutes 3 October 10, 1980 MOTION 1: Ruebling moved, seconded by Bauer to close the public hearing. Motion carried 5-0-0. MOTION 2: Ruebling moved, seconded by Bauer to recommend to the City Council approval of the request of Zachman Development Corporation for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.6 acres for a future single family residential development, based on plans dated October 4, 1989, subject to the recommendations of the Staff Report dated October 6, 1989. Motion carried 5-0-0. B. EDEN PLACE CENTER, by Prairie Entertainment Associates. Request for Planned Unit Development Concept Amendment on 15.2 acres, Planned Unit Development District Review on 15.2 acres with waivers, Zoning District Amendment within the C-Reg-Sec Zoning District on 6.42 acres, Preliminary Plat of 6.42 acres into two lots, and Site Plan Review on 6.42 acres for construction of a 25,742 square foot building addition to the commercial site. Location: West of Glen Lane, south and east of Eden Road. Uram reported that the proponent had requested a one month continuance. tigTJQN: Bauer moved, seconded by Ruebling to continue the public hearing to the November 13, 1989, Planning Commission meeting. Motion carried 5-0-0. C. U.S. WEST, by Armstrong, Torseth, Skold, and Rydeen, Inc. Request for Site Plan Review within the 1-2 Zoning District on 2.1 acres with variances to be reviewed by the Board of Appeals for construction of a 2,000 square foot building addition. Location: Southeast corner of Highway N5 and Fuller Road. Gene Borth, representing the proponent, stated that the exterior of the 2,000 square foot addition would match the existing brick. Two single doors would be added at the same elevation as presently existed. Landscaping islands would be added to screen the six new parking stalls. Dogwood scrubs would be used to screen the 3-foot high trash container. Nine Blackhill Spruce would be added throughout the area for additional screening. The parking lot would be located 2 feet below the new Fuller Road berm. Sandstad asked if the trash container area was adequately 114 RESOLUTION SUPPLEMENTING RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS WHEREAS, by Resolution adopted October 17, 1989 (the "Bond Resolution"), this Council authorized the issuance and sale of $2,050,000 City of Eden Prairie Industrial Development Refunding Revenue Bonds (McGlynn Bakeries, Inc. Project), Series 1989 (the "Bonds"), the proceeds of which are to be loaned to Burton J. McGlynn, an individual doing business as B.J.M. Properties (the "Borrower"), to refund the $2,050,000 City of Eden Prairie Industrial Development Revenue Bonds (McGlynn Bakeries, Inc. Project), Series 1984 (the "Series 1984 Bonds") and thereby to refinance a project (the "Project") generally described as the acquisition, construction and equip- ping of an approximately 38,000 square foot addition to an existing manufacturing facility at 7752 Mitchell Road in the City, which is owned by the Borrower and leased to McGlynn Bakeries, Inc.; and WHEREAS, by the Bond Resolution, this Council estab- lished the terms of the Bonds, authorized the execution and delivery of the Bonds and certain other documents relating to the Bonds and the loan of the proceeds thereof to the Borrower, and authorized the redemption of the Series 1984 Bonds on December 1, 1989; and WHEREAS, Section 1313(a)(3)(A) of the Tax Reform Act of 1986 requires that a public hearing be held and public approval given pursuant to Section 147(f) of the Internal Reve- nue Code of 1986 if the maturity date of a refunding bond des- cribed in Section 1313(a) is later than the maturity date of the refunded bond, and the form of Indenture described and approved in the Bond Resolution provides that the maturity date of the Bonds shall be December 1, 1994 (the maturity date of the Series 1984 bonds), unless the City Council approves a maturity of December 1, 2009 after public hearing duly called and held; and WHEREAS, on November 7, 1989, this Council held a public hearing on the Project and the proposal to refinance the Project by the issuance of the Bonds with a maturity later than the maturity of the Series 1984 Bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota as follows: 1. The Project, as described above, and the refi- nancing thereof by the issuance of the Bonds with a maturity date later than the maturity date of the Series 1984 Bonds are hereby approved for purposes of Section 147(f) of the Internal Revenue Code of 1986 and Section 1313(a)(3)(A) of the Tax Reform Act of 1986. 2. The maturity of the Bonds shall be December 1, 2009 and the purchase dates and provisions for purchase of the Bonds set forth in the Indenture shall apply to the Bonds. 3. Except as expressly modified or amended hereby, the Bond Resolution is hereby ratified and confirmed and remains in full force and effect. 1902d Gary D. Peterson, Mayor Attest: Seal John D. Frane, City Clerk Published 10/18/89 VAC 89-15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-220 VACATION OF PART OF THE RIGHT-OF-WAY FOR LAKE SHORE DRIVE WHEREAS, the City of Eden Prairie has a certain right-of-way described a s follows: The northerly 8 feet and the southerly 8 feet of Lake Shore Drive as recorded in Book 2154, Page 47 and as located in Section 17, Township 116, Range 22, Hennepin County, Minnesota. WHEREAS, a public hearing was held on NOVEMBER 7, 1989, after due notice wa s published and posted as required by law; WHEREAS, it has been determined that the said right-of-way easement is no t necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way easement as above described is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on NOVEMBER 7, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk Published 10/18/89 VAC 89-16 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-226 VACATION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS IN RAVEN WOOD 2ND ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utilit y e a s e m e n t s described as follows: 1. The drainage and utility easement over the Southeasterly 17.00 fee t o f Lots 1, 2, 3 and 4, Block 1, EXCEPT that part lying Northeasterly of a line run from a point on the Northeast line of said Lot 1, distant 1 1 . 0 0 feet Northwest of the Northeasterly corner thereof, to a point on t h e Southeasterly line of said Lot 1 distant 6.0 feet Southwesterly of t h e Northeasterly corner thereof, and there terminating. 2. The drainage and utility easement over the Northeasterly 14.0 feet o f Lots 1, 2, 3 and 4, Block 5, EXCEPT that part lying Northeasterly of a line run from a point on the Southeast line of said Lot 4, distant 10 . 0 0 feet Southwesterly of the East corner thereof to the North corner of L o t 4, and there terminating. WHEREAS, a public hearing was held on NOVEMBER 7, 1989, after due n o t i c e w a s published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, s h o u l d b e vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as f o l l o w s : 1. Said drainage and utility easement as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on NOVEMBER 7, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk ?. I 0 NOVEMBER 7 .19d? 54 ,777 IN/ER HILLS COMMUNITY COLLEGE JAll SHOWCASE-COMMUNITi EAND/FEES PA I D 54990 NORTH MEMORIAL MRDICL CENTER SCHOOL-FIFE DEPT 54981 JIMMY ALLEN ARTIS7 NANAGEMENT -ENTERTAINMENT-ATHLETIC APFRZCIATION DINNER/FEES RAID MINNEGASCO SERVICE 54993 NORTHERN STATES P2NER CO SERVICE 54984 AMERIC RED r.ROCS WATER SAFETY INSTRUCTCRiFEE FAID 54995 PEACHFIT PRESS INC BOOKG-POLICE DEPT 54986 VOID OUT CHECK 54987 LINDA CALOFF REFUND-SKATING LESSONS 54988 JUDY DENUCCI REFUND-SWIMMING LESSONS 54989 GINGER FLATEN REFUND-STARING LAKE PARi BUILDING REN T A L 54990 VERNA MCCABE REFUND-ADVANCED HUNTER SOCCATIDN 54991 ANN MEEHAN REFUND-OUTDOOR COOPER" 54992 SARA MEEHAN REFUND-OUTDOOR COOKER 54993 BETTY PEDERSON REFUND-DAY AT THE DONNE 54994 KATHY RASCHE REFUND-AEROBICS R LUS 54995 RONALD SCHNEIDER REFUND-PACOLIETII A LESSONS 54996 CLAUDIA SEFTON REFUND-SKATING LESSONS 54997 ALICE SETTERGREN PEFUND-AOUA AEROBICS 54998 KEN WACHTLER REFUND-NORTH COUNTRY TRAIL 54999 ALL AMERICAN BOTTLING CORP MIX 85000 DEER WHOLESALERS INC DEER 55001 DAY DISTRIBUTING CO BEER 55002 EAST SIDE BEVERAGE CO SEER 55003 KIRSCH DISTRIBUTING CO BEER 55004 MARX, VII DIETRIBUTIRG COMPANY BEER 55005 MIDWEST COCA COLA BOTTLING CO MIX 006 PEPSI COLA COMPANY MIX 07 THORPE DISTRIBUTING COMPANY BEER t,p008 TWIN CITY HOME JUICE MIX 55009 STATE OF MN BIKE REGISTRATIONS 55010 PETTY CASH-POLICE DEPT EXPENSES -POLICE DEPT 55011 MINNEGASCO SERVICE 55012 ATLANTA HILTON AND TOWER CONFERENCE-COUNCIL 55017 HOPPING POSTMASTER POSTAGE FOR METER-CITY HALL 55014 CITY-COUNTY CREDIT UNION PAYROLL 9/29/89 55015 CROW WING COUNTY SOCIAL SERVI C E S C H I L D S U P P O R T D E D U C T I O N 55016 GREAT WEST LIFE ASSURANCE CO PAYROLL 9/29/89 55017 GUARANTEE MUTUAL LIFE COMPANY OCTOBER 89 LIFE INSURANCE PREMIUM 55018 HEWN CTY SUPPORT t. COLLECTION S E R C H I L D S U P P O R T D E D U C T I O N 55019 ICMA RETIREMENT CORPORATION PAYROLL 9/29/89 55020 INTERNAL REVENUE SERVICE PAYROLL 9/29/89 55021 INTL UNION OF OPERATING EMS OCTOBER 89 UNION DUES 55022 NEDCENTERS HEALTH PLAN INC OCTOBER 89 HEALTH INSURANCE PREMIUM 55027 MN TEAMSTERS CREDIT UNION PAYROLL 9/29/89 55024 MUTUAL BENEFIT LIFE OCTOBER 89 DISABILITY INSURANCE PREMIU M 55025 EXECUTIVE DIRECTOR-FERA PAYROLL 9/29i89 55026 EXECUTIVE DIRECTOR-PERA NOVEMBER 89 LIFE INSURANCE PREMIUM 55027 PHYSICIANS HEALTH PLAN OCTOBER 89 HEALTH INSURANCE PREMIUM 55.):Ge UNITED WA ,/ PAYROLL 9/29/99 5502 9 GRIGGS C2OPER T , CO INC LICUOR EAGLE WINE CO WINE 55071 j0/,NSON BROS WHOLESALE LIOLIOR LIDUOR SCNS CO WINE 170.00 60.00 2014.33 7965.62 104.00 UT. 00 0.00 7.60 1.75 25.00 10.00 6.00 6.00 10.00 22.00 25.00 23.75 12.80 25.00 253.99 3701.35 7774.15 16339.80 303.22 12433.49 547.31 395.40 19362.10 /4.34 170.00 39.59 847.25 447.48 5000.00 1598.00 186.00 4783.00 2619.18 194.76 1503.92 32.00 961.00 142.64.70 25.00 2504.70 23195.92 117.00 25796.80 246.50 6972.29 21.92 4284.35 147.20 17257056 NOVEMBER 7.1989 LIOUOR WINE Li TOGA -RECREATIONAL ECTIPMENT-OUTDOOP. CEN7ER PROGRAM SERVICE EXPEMSES-SCCIAL EVE!.!-Ts, ADULT PROGRAMS/FEES RAID CONFERENCE-FIRE DEPT MILEAGE-RILEY LAKE SEACK EXPENSES-CITY HALL SERVICE EXPEMSCS-COUNCIL SERVICE SEPTEMBER 69 SALES TAX CONFEPENCE-STREET DEFT EXPENSES-HUMAN RIGHTS I SERVICES COMM GRAVEL-STREET T-:NTE:IANCE PREPARING t , SEEDING GPASS-MILLER PARK CONFERENCE-COUNCIL INSTALL RETAINING WALL SYSTEM-PARK MAINT FIELD MARKING PAINT-PARK MAINTENANCE SERVICE SERVICE PAYROLL 10/25/39 PAYROLL 10/13169 CHILD SUPPORT DEDUCTION PAYROLL 10113/89 PAYROLL 10/12;89 CHILD SUPPORT DEDUCTION PA/TOLL 10/13/39 PAYROLL 10117189 PAYROLL 10/17/89 PAYROLL 4/29/99 C 10/15/S9 PAYROLL 10/17/89 PAYROLL 10/13/69 EXPENSES-COUNCIL SERVICE SERVICE ADVERTISINC-RECREATION ADMINISTRATION -ENTERTAINMENT-HISTORICAL °, CULTURAL COMMISSION STAMP KIT & PADS-POLICE DEPT BOOKS-HUNAM RESOURCES DEPT CPR INSTRUCTOR CLASS-AOUATICS SUPERVISOR SCHOOL-FIRE DEFT -WATER SAFETY INSTRUCTOR CLASS-AOUATICS SUPERVISDRiFEES PAID COCAINE TEST KITS-POLICE DEFT -BLOOMINGTON DARBERSHOP DUARTET-ADULT PROGRAMS/FEES PAID WINE LIOUOR WINE WINE 47'0.72 1545.30 2312.02 700.00 14.20 500.00 •0'.50 28.25 58.95 55.25 76.85 47,79.72 22259.11 10.00 26.24 2317.01 2000.00 284.00 1400.00 271.20 98.60 1145.19 1698.00 10568.21 186.00 56016.25 4783.00 194.76 1502.92 22..00 25.00 1000.00 27857.07 243.50 75.65 27770.65 8219.48 320.00 1400.00 39.00 1(.00 20.00 624.00 32.00 61.00 8.00 1974.74 2629.40 1742.17 115.42 55073 ED PHILLIPS I SONS CO 55024 PRIOR WINE CO '5035 OUALITY ,:!INS CO H:176 REI 55027 U 3 WEST CELLULAR INC 55078 HAlvERSON CANDY !„ TADACCO 55039 CHILDREN'S THEATRE COMPANY 55040 LIFE LINK III 55041 TERRY OPYTING 55042 PETTY CASH 55042 MINNESOTA VALLEY ELECTRIC CO-OP 55044 CIATTI'S RESTAURANT 55045 U S WEST COMMUMICATICNS 55044 COMMISSIONER OF REVENUE 55047 MINNESOTA STREET SUPERINTENDENTS 55048 PEPPERS 55049 J L SHIELY COMPANY 55050 PAUL ROGERS 55051 INTERNATIONAL TRAvEL EXCHANGE 55052 CREATIVE WALLS 55053 HOFFEFS INC 55054 ATLI' CONSUMER PRODUCTS Si '/ 55055 U S WEST COMMUNICATIONS 55056 CITY-COUNTY CREDIT UNION 55057 COMMISSIONER OF REVENUE 55058 CROW WING COUNTY SOCIAL SERVICES 55059 FIRST BANK EDEN PRAIRIE GREAT WEST LIFE ASSURANCE CO (. .661 HENN CTY SUPPORT F COLLECTION SER 55062 ICMA RETIREMENT CORPORATION 55063 INTERNAL REVENUE SERVICE 55064 MN TEAMSTERS CREDIT UNION 55065 NORWEST SAW HOPKINS 55066 EXECUTIVE DIRECTOR-FERN 55067 UNITED WAY 55068 KENTUCY FRIED CHICKEN 55069 NORTHERN STATES POWER COMPANY 55070 NORTHERN STATES POWER CO 55071 MARK POSEN 55072 ZENON DANCE COMPANY 55072 PEG'S STATIONERS 55074 MINNESOTA BOOKSTORE 55075 AMERICAN RED CROSS 55076 ST CLOUD UNIVERSITY 55077 AMERICAN FED CROSS 55078 FERGUSON TEST KITS 55179 JEAN CHAFFA 55030 EAGLE WINE CO 55081 GE! GOT COOPER T, C0 INC 550s2 JOHNSON BROS WHOLESALE LIOUOR ' '71 PUSTIS SONG CO 1 9 1510 NOVEMBER 7.1?,9 9 55034 ED PHILLIPS BINS CO NINE 55085 PRIOR WINE CO WINE 7 5096 OU ,LLIT'r WINE CO LIOUOR :)87 LAVERNE ANDERSON REFUND-WHITE SEAR LAKE TRIP-ADULT PROG R A M S J5028 MAFGARET BEPNTSEN REFUND-WHITE BEAR LOVE TRIP-ADULT RROGR A m S 55089 BRENDA CaLINS REFUND-SWIMMING LESSONS 55090 MARVEL EAGLE REFUND-WHITE BEAR LAKE TRIP-ADULT PRO G R A M S 55091 CAROL GJERSVIK REFUND-WHITE BEAR LAKE TRIP-ADULT PROGRAMS 55092 MARJORIE HITCHCO. REFUND-WHITE SEAR LAKE TRIP-ADULT PROG R A M S 55093 JOYCE LIENEmANN REFUND-WHITE BEAR LAKE TRIP-ADULT PROG R A M S 55094 MARY MILLER REFUND-WHITE BEAR LA .(E TRIP-ADULT PROGRAMS 55095 JUDY ORROCK REFUND-SKATING LESSONS 55096 BETTY PEDERSON REFUND-WHITE BEAR LA.F. TRIP-ADULT PROG R A M S 55097 PEARL ROGNEBY REFUND-WH1TE PEAR LAX TRIP-ADULT PROGRAMS 55098 LESLIE SCHNEIDER REFUND-SKATING LESSONS 55099 JEANNE SHOENHAIR REFUND-WHITE BEAR LAKE TRIP-ADULT PROG R A M S 55100 MARY SMETANA REFUND-MEMBERSHIP FEE 55101 RUTH WELSH REFUND-WHITE LAKE TRIP-ADULT PROGRAMS 55102 LORICE WONER REFUND-WHITE BEAR LAKE TRIP-ADULT PRo G R A m S 55107 PDS CAPITAL MARKETS GROUP EXPENSES-FINANCE DEPT 55104 PATRICIA PIDCOCK E'XPENSES-COUNCILmEmBER 55105 MC DONALD'S EXPENSES-SPECIAL EVENTS 55106 WHOLEFALE CLUB COOKER-SFECIAL EVENTS 55107 mETROFOLITAN COUNCIL FINAL COST FOR HOME AT 78:5 EDEN COUR T 55108 NORTHERN STATES POWER CO SERVICE 551 09 UNITED NAY OF MPLS EMPLOYEE DONATIONS 55110 DOMINOS PIZZA EXPENSES-POLICE DEPT 55111 AT NT SERVICE ."112 LI S WEST COMmUNICATIONS SERVICE .13 AT&T CREDIT CORPORATION SERVICE 55114 U S WEST CELLULAR INC SERVICE 55115 HOPKINS POSTmASTER POSTAGE-UTILITY BILLING 55116 MINNEGASCO SERVICE 55117 BIPTCHER WELSH NOVEMBER 89 RENT-CITY HALL 55112 UNIVERSITY OF MINNESOTA CONFERENCE-ASSESSING DEPT 55119 GRETCHEN DORR REFUND-TAE KWON DO CLASS 55120 HOPKINS POSTMASTER POSTAGE-SENIOR NEWSLETTER 55121 PHOTO MILL -FILM PROCESSING-HISTORICAL & CULTUR A L COMMISSION -ENTERTAINMENT-HALLOWEEN PARTY -SOCIAL EVENTS/FEES PAID -ENTERTAINMENT-HALLOWEEN PARTY-SOCIAL EVENTS/FEES PAID HIGH SCHOOL ART CLUB -FACE PAINTING-HAL L O W E E N P A R T Y - S O C I A L EVENTS/FEES PAID EPPIC MINISTRIES INTL -ENTERTAINMENT-HALLOWEEN PARTY-SOCIAL EVENTS/FEES PAID THE FLYERS -ENTERTAINMENT -HALLOWEEN PARTY -SOCIAL EVENTS/FEES PAID LISA HE.;THCOTE -ENTERTAINMENT -HALLOWEEN PARTY-SOCIAL EvENTS;FEES PAID MUSIC 031 PRODUCTIONS -ENTERTAINMENT-HALLOWEEN PARTY-SOCIA L EVENTs/FCEE PAID 551:9 MN DEPT OF PiS MOTOR VEHICLE REGISTRATION '0 D c BATTERY BATTERIES FOR TESTER -FACILITIES DEPT 7658.27 74.21 2787.10 21.50 21.30 16.25 21.50 21.50 21.50 21.50 21.50 17.00 21.50 21.50 22.00 21.50 107.00 21.50 21.50 9.50 135.57 12.75 78.67 519.25 14137.56 500.75 159.95 692.25 256.06 93.67 441.89 570,00 4702.08 19880.79 20.00 4.33 72.99 141.93 50.00 100.00 120.00 150.00 200.00 35.00 150.00 9.00 66.63 55122 55123 55124 55125 551:6 55127 55128 SUE BLUMBERG STEVEN SODAS EDEN PRAIRIE 4 9 92.-)41 NOvE*BEH .1** 5511 AATO 55 ALIVE .1AiuRE 55132 ACRO-mINNESOTA INC 5137 ADIPONDACT DIRECT 55134 ADT HECURITy SYSTEMS DEFENSIVE DRIVING INSTRUCTOR/FEES PAID -OFFICE SUPPLIES-WATER DEPT/HT? HALL: POLICE DEPT 10 STORAGE CABINETS-POLICE DEPT -SECURITi SYSTEM mAINTENANCE AGREENENT- WATER DEPT 63.00 1152.95 567.59 108.00 778.50 29.50 24.00 857.82 55140 AMERICAN NATIONAL BANK BOND PAYMENT 644.00 55141 EARL F ANDERSEN & ASSOC INC -POST DRIVER-WATER DEPT/POSTS/NUTS & BOLTS/ 3127.40 BRACKETS/SIGNS-HREET DEPT 55142 nnnn EXPENSES-FIRE 31/1 22.99 55147 HHH HH1! FIRST AID INSTRUCTOR/FEES PAID 100.00 55144 HHILHHH ALARM SYSTEM INSTALLATION-OUTDOOR CENTER 89.62 55145 n( -SCREWDRIVER SETS/ADAPTORS/SEAL PULLER/ 1194.70 -SHAFT PROTECTOR SET/WRENCHES/PULLER SET- -$748.60/FILEITAPEIBLON GUN/SOCHET RAILS/ -HAMNER/CUTTER/MIRROR/BATTERIES/SHORT -CIRCUIT TESTER/KEYS/CUTTER-WATER DEPT/ EQUIPMENT MAINTENANCE 55146 BALDwIN SUPPLY COmPANY INC BELTS-WATER DEPT 127.60 55147 BALLOONS * STUFF BALLOONS/HELIUM TANKS/STRING-FIRE DEPT 811.50 5148 BARRY SE/ALL RUST REMOVER-WATER DEPT 60.51 5149 BARTON ASCHMAN ASSOCIATES INC -SERVICE-PARTIAL PAYMENT-HIGHWAY 5 TO CTY 27940.28 ROAD 4 55150 BATTERY & TIRE wAREHOUSE INC -BATTERIES/WIRE/SIGNAL LIGHTS & LENS- 905.19 EQUIPMENT MAINTENANCE 55151 ..H•HHH.H" *H. HOCKEY NETS-ICE ARENA-COMMUNITY CENTER 185.00 55152 III/ ++HIIII GOLF INSTRUCTOR/FEES PAID 210.00 55157 •• nn )L' -REPAIR & REFINISH POLICE VEHICLE- 1564.00 EQUIPMENT MAINTENANCE 55154 BERRY COFFEE COMPANY 55155 BIFFS INC 55156 BFI MEDICAL WASTE SYSTEMS 55157 BIG A AUTO PARTS - CHANHASSEN 55158 BIG DYES REPAIR SHOP 55159 BIOCYCLE 55160 BLACKS PHOTOGRAPHY .61 LHETT SERVICE-CITY HALL WASTE DISPOSAL-PARK MAINTENANCE SERVICE -SEAT COVERS/GROTE/HITCH/RUNNING BOARDS/ -TRAILER PLUGS/SPARK PLUGS/BRAKE SHOES/ -BRAKE ADAPTOR/SHOCKS/GASKETS/LIGHTS/ -LENSES/SEALS/VALVE SPRING/CARBURETOR/ -DRAIN PAN/BOOSTER/FILTERS/BRAKE PADS/ -BRAKE LIGHTS/BRAKES-WATER DEPT/EQUIPMENT MAINTENANCE DOOR REPAIR-FACILITIES DEPT SUBSCRIPTION -SOLID WASTE MANAGEMENT -CAMERA-5202.25 -BUILDING DEPT/FILM/FILM -PROCESSING-WATER DEFT/ENGINEERING DEPT/ -POLICE DEPT/FIRE DEPT/PARK PLANNING DEPT/ -OUTDOOR CENTER PROGRAMS/FCRESTRY DEPT/ PLANNING DEPT TRIP LEADER/FEES PAID 377.50 318.13 67.50 1849.30 350.00 55.00 821.39 55135 AIRSIGNAL INC PAGER SERVICE-POLICE DEPT 55136 AmERI-STAR LIGHTING LIGHT BULBS-COMMUNITY CENTER . 55137 AMERICAN FIRE JOURNAL SUBSCRIPTION-FACILITIES DEPT 55138 THE AMERICAN FORESTRY ASSOCIATION DUES-FORESTRY DEPT 55139 AMERICAN LINEN SUPPLY CO -UNIFORMS-WATER DEFT/BUILDING INSPECTIONS -DEPT/FACILITIES DEPHROLICE DEPT/ANIMAL -CONTROL/COMMUNITY CENTER/MATSHICUOF STORE 75:.00 4 686 62 7 lovENRER 7.1%S? 5:5162 BLEVINS CONCESSION SURALy CDmFAN y C O N C E S S I O N 5 T A N O G L I A 0 P L I E S - C O O N J N I T / c E N T E 9 55153 BOLLIG & SONS iNC BULLDOZER SERVICF-RED ROCK RARK c5164 Topy CO/UN n5KEy OFFICIAL/FEES RAID 5155 FOYER TRUCNS -TREE TRUCK 2E1AIR-r2571.05/AxLE SHAFT: FUEL FILTER/ELENENT/SEAL-EcuiRNENT NAIN T 53165 LEE M BRANDT HOCrEy OFFICIAL:FEE PAID 55167 LES DPI SEER EXPENSES-POLICE DEPT 55153 BRISsAN KENNED VACUUM CLEANER ATTACHmENT-FACILJTIES D E P T 55159 DAVID BROWN FOOTBALL OFFICIAL/FEES PAID 55170 PAUL BROWN FOOTBALL OFFICIAL/FEES PAID 55171 BRw INC SERVICE-TRAFFIC STUDY 55172 NATE PUCr FOOTBALL & VOLLEYBALL OFFICIAL/FEES PA I D 5517; BUCKINGHAM DISPOSAL INC SEPTEMBER & OCTOBER 33 wASTE DISPOSAL 55174 DAN PUETNER BICYCLE TRIP INSTRUCTOR/FEES PAID 55175 BUREAU OF BUSINESS PRACTICE SHSCRIPTION-FORESTRY DEPT 55175 BURGER BUILDING CORP REFUND-OVERPAYMENT OF NSF CHECKS 55177 DOROTHY A CODA SERVICE 55178 CAMP RIPLEy CONFERENCE-PRI:2 DEPT 55179 CARDOX CORP CHEMICALS-WATER DEPT 55180 CARG/LL SALT DIVISION SALT-SNOW & ICE CONTROL 55131 DANIEL CARLSON EXPENSES-POLICE DEPT 55182 CARLSON'S TREE SERVICE TREE REMOVAL-FORESTRY DEPT 55183 VICTOR CARLSON & SONS INC SERVICE-CONCRETE WORK-SENIOR CENTER 53134 CHANHASSEN LAI N N & SPORTS -MUFFLER PEFA1R/STRING HEAD/CHAIN/CHAI N SAW SHARPENED/OIL-WATER DEPT/FORESTRY D E P T 55185 CITY OF CHASKA SUMMER SKILL DEVELOPMENT/FEES PAID 55196 CHEMLAWN LAWN CARE-WATER DEPT 55187 LISA CHESLER SAILING INSTRUCTOR/FEES PAID -1SS CLAREYS SAFETY EQuipMENT INC 22 NOZZLES-FIRE DEPT 189 CLEVELAND COTTON PRODUCTS PAPER TOWELS-WATER DEPT 55190 T C CLIPPER COMPANY -UNDERGROUND SPRINKLER SYSTEM REPAIR- HAMILTON ROAD 55191 CMI REFRIGERATION ICE MAKER REPAIR-COMMUNITY CENTER 55192 CLUTCH & TRANSMISSION SEE INC -CLUTCH/BEARING/CLUTCH FLYWHEEL/HOSE ASSEMBLY-EQUIPMENT MAINTENANCE 55197 JOHN COLEMAN EXPENSES-HUMAN RESOURCES DEPT 55194 COmGRAFHICS INVITATIONS-RECREATION ADMINISTRATION 55195 COMmEPICAL REPAIR SERvICE INC -COFFEE MAKER REPAIR-HISTORICAL & CULT U R A L COMMISSION 55195 COMm1OSIONER OF TRANSPORTATION -SERVICE-HIGHWAY 5 IMPROVEMENTS/HIGHWA Y -159/HWY5 & COUNTY RD 4/SPECIFICATIONS MANUAL-FORESTRY DEPT /PARK PLANNING DEP T 55197 COMNUNICATIONS CENTER -RADIO REPAIR-EQUIPMENT MAINTENANCE/MO B I L E RADIO-$1136.75-POLICE DEPT 55198 CONE DRIVE OPERATIONS INC -BEARINGS/OIL SEALS/OIL LEVEL GAUGES /GE A R MOTOR GASKET-WATER DEPT 55199 CONTACT NOFILE COmmUNICATIONS I N C - R A D I O R E P A I R - W A T E R D E P T I E O U I F I E N T m A I N T / PARC MAINTENANCE 55:00 CONTECH CCNOT PRODUCTS INC CULVERT OUTLET GUARD-DRAINAGE CAONTROL 552v1 CORPORATE PIEK mANAGEPS INC OCTOBER 89 INSURANCE CONSULTANT CULLIGAN SERVICE 5527 CokT1S INDLISTPIES INC -LUBRICANTS/SPONGESSCREWS/KEYRANKSIKE Y S - 226.26 544.50 485.00 2770.47 375.00 15.03 260.00 96.00 550.00 780.45 344.50 2814.10 150.00 45.36 50.00 109.80 100.00 490.77 6712.30 20.12 3200.00 1775.00 105.57 56.00 48.80 24.00 7848.85 269.02 250'8.85 74.79 12 76.00 170.00 59.10 79448.29 100.50 1009.10 558.18 32.60 560.00 56.50 251.89 WATER DEFT/EOUIPmENT MAINTENANCE -704 CUTLER-VAGUER COmPANy OUICKLINE-wATER DEPT 15190.27 D & C 'Pi:so PLUS INC FR/NT:NG-RECREATION ADNINISTRATIoN 65.40 1717927 9 NOvENBER .1 ,3 9 55217 DES CON LANDFILL INC 55214 DONALDSON COMPANY INC 55215 DPC INDUSTRIES INC 55:16 DRISKILLS SUPER VALU 5521 7 EASTMAN 1-0DAV COMPANY 55218 THOMAS E EASTMAN 55219 ECOLAB REST ELIMINATION DIVISIO N 5522) EGEN G-LEN AFTs 552:1 EDEN PRAIRIE CHAMBER SF COMME R C E 55222 CITY OF SEINE EDINA SW PLUMBING 55224 SEE EDLUND 5522 5 JOHN H EK1UND 55226 ELVIS SAFETY SUFPLY INC -727 CHRIS ENGER _23 PON ESE 55229 EXPRESS MESSENGER SYSTEMS INC 55230 FACILITY SYSTEMS INC 55231 FINLE/ EROS ENTERPRISES 55232 FIRE INSTRUCTORS ASSN 55237 FIRE TECHNOLOGY 55:74 FOUR STAR BAR & RESTAURANT SUP P L Y 552:5 JOHN FRANC 552:6 LYNDELL F FREY 552:7 SUNNY FULLER 55278 0 & F SERVICES 552:o GAB BUSINESS SERVICES INC 55240 DARRELL &EDNEY 55 :41 VOID OUT CHECK 55242 GLENWOOD INGLEWOOD 55247 JOSEPH GLEASON 55244 CHARLES GOBLE 55245 w W GOETSCH ASSOCIATES ,NC 55246 GOPHER SIGN CO 55247 GOODYEAR COMMERCIAL TIRE & SE R V I C 55248 GOPHER OIL COMPANY CO249 GUHER STATE ONE-CALL INC 55:50 GRANT mERRITT & ASSOCIATES LT D SEPTEMBER 39 Ei.PENSES-LIOLIOP STORES -CLEANING SUPFLIES-wATER DEFT;FAcILIT I E S DEFT/COMHUNITY CENTER -PRINTING-HALLOWEEN FLYERS-SOCIAL EVENTS/ SPECIAL EVENTS EXTENSION RIPE/VALVE BOXES-WATER DEPT EXPENSEPNILEAGE-ADMINISTRATION SERVICE-EMPLOYEE NEWSLETTER . -AIR CONDITIONER PE:PAIR-POLICE BUILDING/ CITY HALL -SEPTEMBER 89 WASTE DISPOSAL-STREET MA I N T / PARK MAINTENANCE FILTER BAGS/FILTER INSERTER-WATER DEP T CHEMICALS-WATER DEPT EXPENSES-POLICE DEFT -SEPTEMBER 89 MAINTENANCE AGREEMENT- C I T Y HALL MILEAGE-COMMUNIT: CENTER OCTOBER 89 SERVICE-F1RE STATIONS REFUND-OVERPAYMENT UTILIT BILLING EXPENSES-ADMINSTRATION SEPTEMBER 89 WATER TESTS-WATER DEPT -CIRCULATING PUMP REPAIR-FIRE STATION/ DISPOSAL REPAIR-POLICE BUILDING MINUTES-PLANNING COMMISSION WASTE DISPOSAL-FORESTRY DEPT -SWIVEL HOOK/JACKETS/HIP BOOTS/KNEE BO O T S - SEWER DEPT/WATER DEPT OCTOBER 89 EXPENSES-PLANNING DEPT HOCKEY OFFICIAL/FEES PAID POSTAGE-CITY HALL SERVICE-HUMAN RESOURCES DEPT -TENNIS COURTS-WYNDHAM KNOLL/FRANLO PA R K / -INSTALL BASKETBALL HOOP/SOFTBALL FIE L D IMPROVEMENTS-ROUND LAKE PARK TRAINING SUPPLIES-FIRE DEPT SUBSCRIPTION-FIRE DEPT SUPPLIES-LIQUOR STORES OCTOBER 89 E X PENSES-FINANCE DEPT VOLLEYBALL OFFICIAL/FEES PAID VOLLEYBALL OFFICIAL/FEES PAID COVERALLS/MOP HEADS-WATER DEPT LIABILITY INSURANCE HOCKEY OFFICIAL/FEES PAID WATER CUPS-FITNESS CENTER HOCKEY OFFICIAL/FEES PAID GEAR BAG-FIRE DEPT PUMP MOTOR-WATER DEPT SIGN POSTS-wATEP DEPT TIRES-EDUIPMENT MAINTENANCE HYDRAULIC CIL-WATER DEPT SEPTEMBER 29 SERVICE -SEPTEMBER SO LEGAL SERVICE-FLYING CLO U D LANDFILL 30.00 1:51.73 412.50 1787.15 37.70 260.00 432.50 322,00 521.62 4090.15 73.20 567.04 37.00 121.50 4254.15 14.00 240.00 39,7.00 125.00 420.00 303.46 200.00 220.00 20.20 90,00 57607.40 45.10 65.00 964.47 200.00 216.00 216.00 595.25 5000.00 :20.00 0.00 15.39 92.00 75.00 729.00 932.50 2329.51 152.50 50.00 14015.39 55206 wARD F DAHLBERG 55207 DAY CO ,200 DAN & DAN'S MINJTEMAN PRESS 5520; DAVIES WATER EGUIPMENT CO 55210 CRAIG A GANSON 55211 MONICA 55212 DEL AIR CONDITION & HEATING IN C SEPTEMBER 89 EJ'ENSES-EIGINEE:-.ING SEPT SIGNS-FIRE DEPT -SEPTENBEf, 89 mOING SERvICE-FLEA6ANT HILLS CEMETERY HOCKEY OFFICIAL/FEES PAID -WIRE KIOSKA INFORMATI3N CENTER-P.:,Pr MAINTENANCE:FUSES-COMNIT( CO T TER LAB SUPPLIES-WATER DEPT SERVICE-STARING LAKE PARK JULY & AUGUST 89 EXPENSES-COUNCILAEM,SER SHOVELS-STREET MAINT:PARK MAINT MILEAGE-ASSESSING DEPT CIVIL DEFENSE SIREN-POLICE DEPT MILEAGE-COMMUNITY CENTER -FILING FEE-ENGINEERING DEFT/HOUSING REHABILITATION PROGRAM DISTRIBUTION OF FORFEITURE FUNDS DISTRIBUTION OF FORFEITURE FUNDS DISTRIBUTION OF FORFEITURE FUNDS SEPTEMBER 39 BOCW1NG FEE-POLICE DEPT PAYROLL FILING FEE-PLANNING DEPT POSTAGE-VOTER REGISTRATION VERIFICATIONS -SEPTEMBER 89 BOARD OF PRISONERS-POLICE DEPT SCHOOL-FIRE DEPT HOCKEY & SOFTBALL OFFICIAL/FEES PAID -ACRYLIC SHEET/SOLENOID COIL/NOZZLES/FREON LEVEL MAINTENANCE-COMMUNITY CENTER -3RD QUARTER 89 PLANT INSTRUMENTATION MAINTENANCE AGREEMENT-WATER DEPT COMPRESSOR REPAIR-WATER DEPT -2ND OUARTER 78 MAINTENANCE AGREEMENT- SENIOR CENTER DISTRIBUTION OF FUNDS TRAINING SIMULATOR-FIRE DEPT DECALS/VEHICLE STRIPING-POLICE DEPT EQUIPMENT REPAIR-POLICE DEPT -TONER/OCTOBER 89 MAINTENANCE AGREEMENT- CITY HALL/POLICE DEFT ROOM RENTAL-POOL LESSONS DUES-HUMAN RESOURCES DEPT RADIATOR REPAIR-EOUIPMENT MAINTENANCE EXPENSES-FIRE DEPT OFFICE SUPPLIES -WATER DEPT/FIRE DEPT BOILER DAMPER REPAIR-COMMUNITY CENTER MILEAGE-PLANNING DEPT MILEAGE/EXPENSES-FIRE DEPT OCTOBER 99 EXFENSES-ADMINISTRATION -HAMMER HOLSTER/KNIFE SLADE'S/UTILITY VNIFE/ -NAIL BAG -FIRE DEPTISPLINTS-AOUATICS SUPERVISOR BLACK DIRT-SEWER DEPT -GEAR SPEED REDUCES' PARTS 'SPEED REDUCER- WATER DEPT NoVEMBER 7.199 9 55251 ALAN GRAY 5525 ^ GREENTREE GRAPHIC PRODUCTS ST COMMERCIAL SEP. , 05254 LEROY GUBA 55255 GUNNAR ELECTRIC CO r“.: 55256 HACH CO 55257 HANSEN THORP POLL INTO OLSON INC 55259 JEAN HARRIS 55259 JIM HATCH SALES CO 55260 ROZA HAUSER 55:261 MEALY RUFF 55262 LAURIE HELLIN3 55263 HENNEPIN COUNTY PUBLIC qCORDS 55264 HENNEPIN COUNTY ATTORNEY'S OFFICE 55265 HENNEPIN COUNTY ATTORNEY'S OFFICE 55266 HENNEPIN COUNTY ATTORNEY'S OFFICE 55267 HENN CTY-SHERIFFS DEFT 55268 HENNEPIN COuNTY SUPPORT & COLLECT 55269 HENNEPIN COUNTY TREASURER 55270 MENU COY DEPT OF PROPERTY TAX 55271 HENNEPIN COUNTY TREASURER 55272 HENNEPIN TECHNICAL INSTITUTE 55273 JOSEPH GLEASON 55274 HOLMSTEN ICE RINKS INC .75 HONEYWELL INC 55276 HONEYWELL IN: 55277 HONEYWELL PROTECTION SERVICES 55278 CITY OF HOP IRS 55279 IDEANETICS SIMULATOR SYSTEMS 55280 THE IMAGE DEVELOPERS 55251 INSTRUMENTATION SERVICES INC 55282 INTL OFFICE SYSTEMS INC 55297 INDEPENDENT SCHOOL DIET #272 55284 INTL PERSONNEL MONT ASSN 55297 J & R RADIATOR CORP 55286 JERRY'S NEWMARKET 55287 JM OFFICE PRODUCTS INC 55298 JOHNSON CONTROLS INC 55299 JEAN JOHNSON 55290 RONALD 0 JOHNSON 55291 CARL JULLIE 55292 JUSTUS LUMBEF, CO 55293 KAHNKE BROS INC 55294 KAMAN BEARING & SUPPLY CORP 2277060 :00.00 57.70 265.00 309.00 1023.11 494.47 1119.91 125.00 172.99 28.00 24 9 5.00 77.75 299.50 126.60 36.74 31.24 286.81 211.00 495.00 46.80 1270.00 720.00 233.00 :18.73 3723.00 55.80 75.00 147.70 4035.00 615.00 241.50 656.32 3.00 65.00 58.50 287.21 252.53 250.98 8.50 176.65 118.21 89.27 30.00 1412.88 3n()C-7 ;10VEEEf.: 7 55275 KEITH KARITAN 55:96 IILLNER ELECTRIC CO INC 1 29 7 SCOTT 4 KIPP '1.5298 KMEP TELEVISION 55299 THE i,,NOx CONPANy 55300 MOLLY KOlvumAKI 55:01 NARY KoTTKE 55702 K.RAEmER'S HOME CENTER 553)3 L LEHMAN t ASSOCIATES INC 55304 LAB SAFETY 5UFPLY 55305 ROBERT LAMBERT 55:06 SUSAN LANMERS 55:07 THOMAS R LANMERS 55708 LANDSCAPE PRODUCTS CENTER 55709 SUE LANE 55310 THOMAS E LANENBEPG 55311 LANG RAWLY & GREGERSON LTD 55312 LARSON BUSINESS MACHINES SALES 713 LAw ENFORCEMENT RESOURCE CENTER LMC INSURANCE TRUST 55315 LEEF BROS INC 55316, ADELINE LEvIN 55:17 LIGHTNIN MIXING EQUIPMENT CO 55718 LORNA LISELL 55319 LONG LAKE FORD TRACTOR INC 5520 LYMAN LUMBER CO 55321 MACQUEEN EQUIPmENT INC 55:22 BARBARA mALINSKI 55323 MARTIN-MCALLISTER 55124 MARSHALL & SWIFT 55325 GARY mARTINSON 55326 mASYS CORPORATION 55127 MBA DESKTOP PUBLISHING PLUS 55322 PAT mcCARTy 55329 mCFARLANES INC 55:30 mCGUIREs & SONS pLBO & HIS INC 553:1 mEDICAL OXYGEN S EQUIP CO 55372 KARL NEIER mENARDE 4 NESSERLI IRONER SOFTBALL OFFICIAL/FEET RAI5 -TRAFFIC 3IGNAL REPAIR/POLE RIS-TRAFFIC CONTROL 'STREET LIGHTING MILEAGE-PLANNING SEPT vIDEO CASSETTE-SOLID WASTE mANAGEmENT - SECURITy BOX FOR RIPE DEPT-COMmUNITY CENTER EXPENSES-POLICE DEPT VOLLEYBALL t BASKETBALL ORFICAAL/FEES RAID -vALvES/CABLE/vENTE/GLOvESiFITTINGS/PIPE/ -WRENCHES/CORDS/CAULKING/CLEANING SUPPLIES; -CHALK LINE REEL/OCRENDRIVER/BATTERIES/ -SHOVEL/SLEDGE HAMMER/FuNNELS/CORRER -TUBING/SPRAYER/SPRAYER PARTS-SEWER DEPT/ STREET DEFT/PARK MAIN* -SEPTEMBER 89 LEGAL SERVICE-FLYING CLOUD LANDFILL -BAGS/APRONS/GLOVES/CLOTH DISPENSER BOX STATIONS-WATER DEPT/FACILITIES DEPT OCTOBER 89 EXPENSES-PARK & RECREATION DEPT SWIMMING INSTRUCTOR/FEES PAID LICENSE-STREET DEPT TREES/BURLAP-PARK mAINT/FOSESTRy DEBT MILEAGE-ELECTIONS PICTURE FRAMES-FIRE DEFT -JULY 89 LEGAL SERvICE:SEPTEMEER 89-FL1iNG CLOUD LANDFILL LETTERING MACHINE TAPE-FIRE DEPT VIDEO TAPE-POLICE DEPT WORKMAN'S COMPENSATION INSURANCE -COVERALLS-EQUIPMENT MAINT/MATS-LIOUOR STORE MILEAGE-OUTDOOR CENTER PROGRAMS -GASKETS/OIL SEALS/BALL BEARINGS/ROLLER BEARINGS-HATER DEPT MILEAGE-ASSESSING DEPT RIM WITH BEARINGS-PARK MAINTENANCE MASONITE -STREET MAINTENANCE STREET SWEEPER BELT-EQUIPMENT MAINTENANCE MINUTES-CITY COUNCIL STRESS TESTS-HUMAN RESOURCES DEPT COMPUTER SOFTWARE-ASSESSING DEPT VIDEO TAPES-RECREATION ADMINISTRATION -NOVEMBER 87 COMPUTER MAINTENANCE-POLICE DEPT -PRINTING-PECREATION SUPERVISOR 'SENIOR -PROGRAMS/HISTORICAL & CULTURAL COMMISSION/ HISTORICAL INTERPRETATION EXPENSES-WATER DEPT CEMENT-PARK MAINTENANCE IRRIGATION SYSTEM REPAIR-FRANLO PARK OXYGEN-FIRE DEFT REFUND-OVERPAYMENT UTILITY BILLING COUNTER TOP-POLICE DEPT SEPTEMBER 89 SERVICE 30.00 769.00 7.40 50.00 23.00 53.93 204.00 333.07 9429.37 282.44 200.00 27.00 7.50 710.50 14.00 49.50 29109.71 100.71 97.00 74497.00 146.60 50.00 707.49 11.50 57.73 45.60 605.43 150.00 225.00 415.00 3.50 1295.00 855.70 34.07 52.00 318.50 101.80 90.80 23.88 4866.70 3n0G- NO vENB ER 7 .1989 55.:.:5 METRO PRINTING INC 55:76 METRO SALES INC METROPOLITAN mECHANICAL CONT!0ACTO PRINTING FORM5.-ROLICE DEFT TONER/DEVELOPER-POLICE DEPT -REPAIRED LEAK/REPLACED PILOT/RERLACED -SNOW MELT PIPE-COMMUNITY CENTER 9.00 154,45 587.65 53509.50 154033.51 -MILEAGE/OFFICE SUPPLIES-HUMAN RSSCURCES 51.70 DEPT DUMP TRUCK SPILL SHIELD-STREET DEFT 615.00 BLACKTOP-STREET MAINTENANCE 529.25 DUES-ADmINISTRATION 25.00 DUES-ASSESSING DEPT 65.00 LABORATORY TESTS-POLICE DEPT 671.00 INVOICE FORMS-CITY HALL 335.13 FILM RENTAL-SENIOR PROGRAMS 10.00 ADVERTISING-LIQUOR STORES 146.40 LIFT TRUCK-WATER DEFT 2142.00 TREES-FORESTRY DEPT 2709.00 DISTRIBUTION OF FORFEITURE FUNDS 147.70 PAINTING OF RESTROOM HALLS-FACILITIES DEPT 1025.00 AUGUST 89 SERVICE 923.47 REFINISHING KIT-WATER DEPT 163.13 RADIO REPAIR-FIRE DEPT 188.78 MOBILE RADIO-FIRE DEPT 2432.31 LAWN TRACTOR ROAD PACKAGE KIT-PARK MAINT 740.00 SAND-PARK MAINTENANCE 139.78 EQUIPMENT PARTS-EQUIPMENT MAINTENANCE 138.75 EMPLOYMENT ADS-HUMAN RESOURCES DEPT 217.56 REMOVE CALENDAR BOARD-FIRE DEPT 36.10 -PAINT & CARPENTRY WORK-PIONEER TRAIL- 3728.00 5541 MIDLAND EQUIPMENT CO 55342 MIDWEST ASPHALT CORP 55343 MN ASSN OF URBAN MGMT ASSISTANTS 55:44 MPLS AREA ASSOCIATION OF REALTORS 55345 MINNEAPOLIS HEALTH DEPARTmENT 55346 MINNESOTA BUSINESS FORMS 55;47 MINNESOTA HISTORICAL SOCIETY 5E748 MN SUBURBAN PUBLICATIONS 5534? MINNESOTA SUPPLY COMPANY 55350 MINNESOTA VALLEY WHOLESALE INC 553.51 CITY OF NINNETONK.A 55;52 R G MODEEN INC 55353 MONA MEYER & MCGRATH 55354 R E MOONEY & ASSOCIATES INC 55355 MOTOROLA INC 55356 MOTOROLA INC 55357 MT! DISTRIBUTING CO 55359 NM MUELLER & SONS INC 55359 MUNICILITE CO 55760 NATIONWIDE ADVERTISING SERVICE IN 761 W E MEAL SLATE CO ,362 NEW LOOK PAINTING 553:8 METROPOLITAN WASTE CONTROL COMMIS SEPTEMBER 3? S A C C H A R G E S 553:9 METROPOLITAN WASTE CONTROL COMMIS NOVEMBER 89 S E W E R S E R V I C E C H A R G E S 5540 KAREN MICHAEL 55363 NOBLE & ASSOCIATES INC 55364 JP NOREX INC 55365 NORTHDALE CONSTRUCTION 55766 NORTHERN STATES POWER CO 55367 NORWEST INVESTMENT SERVICES INC 55368 NORTHWEST POWER PRODUCTS INC 55:69 OFFICE PRODUCTS OF MN INC 55370 KEITH OLSON 55371 PAPER WAREHOUSE 55372 PARAGON CABLE 55:7; PARK NICOLLET mEDICAL CENTER 55374 PENNZOIL PRODUCTS COMPANY 55:75 pERsoNNEL POOL 5576 CONNIE L PETERS 55777 PETR.:m MARL FT 55778 JUDY PIRAM 5579 POMMER COMPANY INC '77 7 ,I, PRAIRIE ELECTRIC CCM' NY INC HOUSING REHABILITATION PROGRAM -SEPTEMBER 89 LEGAL SERVICE-FLYING CLOUD LANDFILL -WATERMAIN REPAIR-WESTWIND CIRCLE/WEST RIDGE DRIVE REFUND-METER M HYDRANT DEPOSIT 3RD QUARTER 89 SERVICE BOND PAYMENT SEALS/BEARINGS/GASKETS-WATER DEPT -PRINTER-FINANCE DEPT/BUILDING INSPECTIONS DEPT/TYPEWRITER REPAIR-FINANCE DEPT FIRE PREVENTION SUPPLIES-FIRE DEPT -BALLOONS/RIBBONS/TAPE/TABLE COVERS/PLACE MATS/CUPS -RECREATION ADMINISTRATION CABLE TB OUTLET-SENIOR CENTER SERVICE-PARK MAINTENANCE OIL-EQUIPMENT MAINTENANCE SERVICE-FINANCE DEPT MILEAGE-COMMUNITY CENTER -CARBURETOR CLEANER/HOSE MENDERS FILTERS! FLUSH KITS-EQUIPMENT MAINTENANCE REFUND-SKATING CLASSES TROPHIES/PLAQUES-ORGANIZED ATHLETICS -INSTALL FIXTURE IGNITORS/REPLACE FUSE- COMMUNITY CENTER 719.41 2025.50 154.28 61.89 247.50 194.59 971.93 355.83 51.34 2.78 100.00 731.90 490.00 17.50 499.00 3.65 723.00 175.30 :357 553111 PRAIRIE LAWN & GARDEN 55382 PRAIRIE OFFSET PRINTING PRELIER FASTENER •NPANY :5:5 4 PRENTICE HAL. IL 5035 THE PPESEL2E ASSOCIATION JERRY PPOELEHL 55L07 rEL BUSINESS COMmUulEATIEMS INC 55700 OUALITy OuIa RPILING 55722 R 1 R SPECIALTIES INC OIL/COVER-FIRE DEPT/EQUIPMENT MAINTENANCE -PRINTING FORMS-ASSESSING DEPT/PROGRAMS- HISTCRIU,A CuLLPL LLNISSICL OUTTINS TOOL-WATER LFT BOOKS-FIMANCE OEFTLLILITIES DEPT -TELEPHONE SEPLILSLEILLORHOOD OuTREA:P PROONAm SOD-STREET ,:!AINTELLcE TELEPHONE SERVICE-CIIL HALL PRINTING-FIRE DER* -EASETSJAIR PILTERSLOINTSIZAMBONI BLADES -SHARPENED/SPPEADER ELOTNIBELT-ICE ARENA- COMMUNITY CEL:ER 92.55 185.45 74.63 102.52 11.14 29.29 617.00 266.50 766.87 557L PLLLICLL LL CLA11PILHOLLS-POOL OPERATIONS 46.49 55791 LLL ILL SOFTBALL OFFICIAL:REES PAID 120.00 55792 LLL. EXPENSES-FIRE DEPT 45.15 55:93 I"in "," ""'„ FIRST AID RESCUE EOUIPHENT-FIFE DEPT 132.07 55394 LILL IL GAS-EQUIPMENT MAINTENANCE 8129.00 55795 LL-LLLL SEWER REPAIR-SEWER DEPT/FACILITIES DEFT 130.57 55:96 ..-11Ki -PoTOTILLINS GARCENS-CUMMINS GRILL 12.5.00 NO 55797 SCAN! OT READY MIX INC CEMENT-POLICE DEPT 'STREET MAINTENANCE 408.80 55773 SCRANTON GILLETTE COMMUNIDATICIIS SUB S C R I P T I O N - W A T E R D E P T 19.00 55399 SEARS OHM METER-SEWER DEPT 18.99 55400 SEDUCE PLASTICS INC PVT RIPE FITTINGS-WATER DEPT 172.06 55401 SETON NAME PLATE COMPANY LABELS/SAFETY GUIDES & CHARTS-WATER DEPT 477.47 55402 SETTER LEACH P., LINDSTROm INC SERVICE-COMMUNITY CENTER REPAIR 1280.20 55403 SHIELY MASONRY PRODUCTS -STONE/FIBERGLASS PINS/ANGLE CAPS-SENIOR 1769.94 CENTER 404 STEVEN R S1NELL -CONFERENCE/OCTOBER 89 EXPENSES-ASSESSING 977.00 DEPT 55405 SIMPLEX RE:OBI:SR: :3 TIME RECORDER RERAIR-COmmUNITY DEWIER 153.00 55406 JEAN SLANDER REFUND-UNCLAIMED PROPERTY 1800.00 55407 KATHY SmITH MILEAGE-OUTDOOR CENTER PROGRAMS 45.00 55408 W GORDON SMITH CO -LIGHT BULBS/MEASURER/HYDRAULIC OIL/ 318.44 -ANTI-FREEZE/FACILITIES DEPT:EDUIPMENT MAINT/PARK MAINT/COMMUNITY CENTER 55409 SNAP ON TOOLS CORP -COUPLERS/FITTINGS/AIR HAmmEP/CHISELS/ 106E1.45 -HACKSAW BLADES/SIDE CABINET-0660.00-WATER DEPTIWRENCHES/SCRENDRIVER-ECUIPMENT PAINT 55410 SOUTHWEST METRO TRANSIT WORKER'S COMPENSATION 3197.00 55411 SOUTHWEST SUBURBAN ROGUISH INC -EMPLOYMENT ADS-FACILITIES DERT/DOMmUNITY CENTER 55412 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIOUOR STORES 321.70 55417 STATE OF MINNESOTA DISTRIBUTION OF FORFEITURE FUNDS 15.62 55414 STATE OF MINNESOTA DISTRIBUTION OF FORFEITURE FUNDS 18.37 55415 STATE OF MINNESOTA DISTRIBUTION OF FOPFEITURE FUNDS 67.30 55416 STATE TREASURER SEPTENBER 89 ELILDINO SURCHARGES 4804.35 55 4 17 THE STANDARD RESISTER CELLO' CHECT ENDORSER-UT:Lir( BILLING 4149.66 55413 5 E STEVENS 1, ASSOCIATES SERVICE-FLYING CLOUD LANDFILL 731:S.00 554:9 STORAGE SOUIRmENT INC F?AMESGECMS 'DECO I NE-SARI. LNTENAL,:E 648.00 504L STRELHERS PROFESSIONAL FELICE E0 -ARR O W B O A R D / S W I -CH CONTROL CENTER/TRAFFIC 947.15 -'wANDSimpUTHFIECES/LIGHT El/LIE/LIGHT -ROTATORS LENSILIGHTBAR-WATER DERTIRCLICE DELLEDUIMENT ':',AINTENANCE L-121 62.48 '31');f: 55421 SUMMIT ENERGY -COOKSTOvE/CHIMNEY INSPECTION-CUMMINS GRILL HOMESTEAD 55427 ""IL FILM RENTAL-SPECIAL EVENTS "5423 1111.. OCTOBER 89 EXPENSES-HUMAN RESOURCES DEPT .5424..."" nIt1IIIK WELL REPAIR-WATER DEPT 55425 :NYKr"' "7". -PLASTIC TOTE/GAUZE/PILLOW COVER/BLANKET/ PILLOW-AQUATICS SUPERVISOR 55426 TIERNEY BROTHERS INC BADGES-SENIOR CENTER 55427 TIMBER PRODUCTS TIMBERS-PARK. MAINTENANCE 55423 NANCY TOUVE SOFTBALL OFFICIAL/FEES PAID 55429 TRIARCO ARTS I CRAFTS INC MARKERS-AFTERNOON PLAYGROUND 55400 TWIN CITY CONCRETE PRODUCTS CO CONCRETE-SIGNS DEPT 55401 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 55402 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 55433 UNITES RENTAL SERVICES UNIFORM-WATER DEPT 5544 UNIVERSAL BATTERY COMPANY INC BATTERIES-WATER DEPT 55435 UNLIMITED SUPPLIES INC -WASHERS/NUTS & BOLTS-FIRE DEPT/EQUIPMENT MAINTENANCE 55406 VALLEY CREEK IRRIGATION SYSTEMS -UNDERGROUND SPRINKLER SYSTEM REPAIR-WATER DEPT 55437 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 55436 CHERYL VAN HORN REFUND-VALLEY FAIR TRIP 554:9 VAUGHN DISPLAY FLAG/FLAG STAND/SPEAR/TASSEL-FIRE DEPT 55440 VENTURE PUBLISING BOOK-PARK PLANNING 55441 VESSCO INC -APRON/CLASS FLOATS/PC BOARDS/BATTERIES/ -RELAY/REGISTER/SCRAPERS/SCREWS/WASHERS/ PULLEYSiSEAT/BEARINGS-WATER DEPT 55442 VICOM INC -NOVEMBER 89 WIRE MAINTENANCE AGREEMENT/ -PUBLIC WORKS BLDG/OCTOBER 89 WIRE MAINTENANCE AGREEMENT-COMMUNITY CENTER _447 VIKING LABORATORIES INC CHEMICAL-POOL OPERATIONS 55444 VOSS ELECTRIC SUPPLY COMPANY LIGHT BULBS-FACILITIES DEPT 55445 VWR SCIENTIFIC INC LAB SUPPLIES-WATER DEPT 55446 WALDOR PUMP K EQUIP CO -GRIP EYE/CHAIN SLING/0 RINGS/WASHERS/ SEALS/BEARINGS-SEWER DEPT 55447 KEITH WALL OCTOBER 89 EXPENSES-POLICE DEPT 55448 WATER PRODUCTS CO -5 1 1/2 1000 GAL METER-$1590.00/6 2" 1000 -GAL METERS-$2730.00/1 3" 1000 GAL METER- -$1300.00/8 1" 1000 GAL METERS-$1167.56/ -2 MEASURING CHAMBERS-F560. 00/GASKETS/25 -100 GAL REMOTES-$450.00/10 5/8 GAL -GENERATORS-$280.00/NOZZLES/WRENCHES/CURB BOX KEYS-WATER DEFT 55449 RUSTY WEKSETH -REPLACED ROOF-PIONEER TRAIL-HOUSING REHABILITATION PROGRAM 55450 INEZ WICK -TRIP GUIDE-OUTDOOR CENTER PROGRAMS/FEES PAID 55451 WILLIAMS MECHANICAL SERVICE INC HANDLE ASSEMBLY-WATER DEPT 55452 THE WINE SPECTATOR SUBSCRIPTION-LIQUOR STORE 5545: WINGFIELD PERFORMANCE ENGINEERING TRANSMISSION REPAIR-EQUIPMENT MAINTENANCE 55454 X-ERSON CLEANING SUPPLIES-WATER DEPT 55455 ZEE MEDICAL SERVICE -FIRST AID SUPPLIES-WATER DEPT/CITY HALL/ STREET DEPT 55456 EARL ZENT SCHOOL-ASSESSING DEPT I'. 1445: 69.50 193.50 242.67 88.55 80.87 414.89 2310.99 45.00 23.27 127.60 523.55 982.05 81.85 35.16 78.43 71.00 71.09 13.00 152.00 18.45 1986.53 77.58 1029.60 59.81 90.25 1018.55 234.10 8923.44 2400.00 100.00 14.40 35.00 407.60 633.44 469.80 39.00 NOVEMBER 7.1939 55457 ZIEGLER INC 55458 ZUHRAH SHRINE CIRCUS 54697 VOID OUT CHECK 54761 VOID OUT CHECK 54799 VOID OUT CHECK 54826 VOID OUT CHECK 5485') VOID OUT CHECK 54899 VOID OUT CHECK 54912 VOID OUT CHECK 54935 VOID OUT CHECK 54946 VOID OUT CHECK -413740583 -TACHOMETER/CABLE/ADAPTER/PUMPERS/COPE -CHARGES/CUTTING EDGES/REMOVE & REPLACE -PISTON/LINE & MAIN BEARING-SEWER DEPT/ EQUIPMENT MAINTENANCE SHRINE CIRCUS-ADULT RPO3RAMS/FEES PAID 2858.95 1697.50 28.25- ' 111979.98- 1400.00- , 28379.38- 271.20- 4391111.00- 1 145.53- 2001.00- 1016.50- ' 8557..987.98 DISTRIBUTION BY FUNDS IF Ill: 11 CERTIFICATE UF NDET“ 113 L I OUOR 5I nil v M 17 L IDOOF STORE-PRESERVE 20 CETIETERY OPERAT IONS 22 STATE 418 COMET 31. PARK ACOUIST 3 DEVEI.OF 84 F I RE: S T AT I ON CONST 43 UTILiTY DEBT FD ARD 47 80 G 0 0E5 T FUND IMPROVEMENT E01-l8T FD 55 IMPROVEMENT DEDT FUND (130 56 1-1000 I MPROVEMENT DEDT PD 57 ROAD I MPROVEMENT EONST FM 77 WA t ER FUND 7 -7 SEWER FUND POL ICE COW 1SCAT'ED PT'S 81. TRUST S E5CR1JW FUND CDR6 FOND 08 MIjN IF 11 34AL 12E8 I 51. AT IVFJ 1,55751 S7.98 519925.88 10864.27 68159.7:7 47728.77 265.0( 27940.23 31627 . 1 1 7848.35 -140677.58 -111735.913 3249.90 -102350.00 -224062.8S 79599.10 86509.22 211895.45 1537.27 ,4 4 9 2 . 74 4150.94 5790.17 9s SW 0•41ii,A 4143' ibIEDI, 117-r° Litf DCIA. Sr° r5; gi y4u AV? _937-90g 430/ WVold, , 9,7, /43o, Al, CLIA 93 m/00,80.2)/ Ce4d. 5444r Alecsa.) /4 70 MAY., 937- .4 OP( I4150 1144? .colLire..A 1-"' . V -fia-t- 0(7 A1q-437-9y7, '0311 j e f9 RP7P 01716ff..11 OCTOBER 15, 1989 THE FOLLOWING RESIDENTS OF EDEN PRAIRIE HAVE SIGNED THIS PETITION URGING OUR CITY COUNCIL TO STRONGLY CONSIDER A BIKE PATH ON EDEN PRAIRIE ROAD, SOUTH OF COUNTY RD 1. PLEASE NOTE THE LETTERS OF SUPPORT STATING REASONS ZOR Tpis REQUEST. A 1) n 44240 emir w7-.033 Mot 01v:44 /MAU JESSEA) 401/40 9141-2F1'1 tf&1VA 37-4-24 Ativiop 5,31,44r4 (0140 9.00"4.1 0.141414..r&Jra Art Pt. 4"-u-0-0- /tiffNut.,pe 70-47rr 14.00 vaa-Amy . etsi-scos \Asa. C. 4.4c1 d .rp4 Ha tel./4.4.104 • ObiniVralg y44150 Ualtey e4. QS V-,7* a 0 0 01-1_EtV pb - 1/Frap*Oiitl Ans , eL 341-1411. MAI fleece 93 LI—Srt ir,,stritatDamiehtm, /44'3 3 Vaili R V 9 3 7-/9w7 PleAdy 4" 40-4 4534 937. 4,7 7-37-s-ivs - /d/9f 1/q/ley KI 6/e1i P. /4/9y I///e ,ed 4,2 /wo 1.47/1rrii it° 37-asV? 14,11 )1, /6, vai 1607 /430/ t41147 Rd ?3'/-r/o; /gm hief.11,*0 s'37.1702 ‘&540 1,4u )?9 939 -sc.e3 1) )1 1\ 165,51501-tay fot_ 95y-666 oosiiiilktetAda resivat Ago/ LczA a02. STEVE AND DARLA YERKES 16575 HILLTOP ROAD EDEN PRAIRIE, MN 55347 (612) 937-8042 October 14, 1989 Bob Lambert City of Eden Prairie Department of Parks, Recreation & Natural Resources 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Lambert: As you know, the residents in the Hilltop/Valley Road a r e a h a v e petitioned to get a bike path extended down Eden Prairie R o a d , t o Valley Road. We strongly believe this should b e d o n e , particularly because a major safety issue is involved. Currently, bikers and joggers from Hilltop and Valley R o a d s m u s t use Eden Prairie Road (south of Pioneer Trail) to get to t h e b i k e paths at Pioneer Trail and Eden Prairie Road (north of P i o n e e r Trail). The road is rather narrow, and does not have m u c h o f a shoulder to use. Thus, bikers and joggers must use t h e r o a d itself. There is a hill and a curve in Eden Prairie Road betwee n V a l l e y Road and Hilltop Road, such that the vision of motorists t r a v e l i n g north on Eden Prairie Road is substantially blocked, until they reach the crest of the hill just before Hilltop Road . R e a c t i o n time is unnervingly short. Additionally, motorists o n H i l l t o p Road have difficulty turning north onto Eden Prairie Roa d , b e c a u s e we cannot see what's coming up the hill from the s o u t h . Obviously, riding a bike or jogging is even more treache r o u s . The safety issue becomes even more acute when you cons i d e r t h a t , by our count, there are eighteen families in this a r e a w i t h school-age children. We constantly preach safe biking h a b i t s , b u t sometimes children have a lapse of judgment. In this a r e a , t h a t lapse could be fatal. We would appreciate your support of this project, and h o p e t h a t this dangerous situation can be remedied. Yours very truly, Steve and Darla Yerkes D'eamrt... /v,V 4e( 4/Air- % ter4 ,erele:t.,:- Z= geit2tLeemze.w-,„. 760o /4.gezte7(4,Zkzei eee/t.- /v41 s--asfr( .4‘1,L,Y4 t 7214.J_ fe.ete-t, 6a, et/e.,01gle Atz0A,/leite.e,t, 711 Vaal, iezewc, 01- 4atei, e,4 Altzc. e et - /Zr- Z L ,2-i14.4_- Edi/k, 41;tee)Aze__ t77c,J I (jViI4Di- '/•/&.€4F-f, 14- Velaitd- tefee:1:Zit- 7`Xed-c-- ' ezlic— az- .-eriP..,74 . V - JA,r;t4;re4C— /414r.e.6,44,,,c flii frtol_ .a.t.e_ )4Ceeio itete/e- /tee44.ce.ot- ec9ceitt-e- 44at- 72te-14- .A6ke-,&1-%-) Aoad— . eltatei., xgope___ 4E- Ael( J- " huna-tA.,) ,e714ffurt ,'Att- -71z:47,7,410"..e- y9zeeAA 47 -/D laa4X-_41A2tff 42a/,..- ivx,41&,- 6Ze ,n . 7'7,„ gligt &t47—'9Ae. ; g . . . i 4e.. 1,<_ ge,43, AA:a gerit.se. 311S OCTOBER 15, 1989 BOB LAMBERT CITY OF EDEN PRAIRIE 7600 EXECUTIVE DRIVE EDEN PRAIRIE, MN 55344 DEAR SIR, AS A FAMILY WE LIKE TO TAKE WALKS. THIS USUALLY INVOLVES A STROLLER, BIKES, AND OUR DOG. NEGOTIATING THE WAY FROM HILLTOP TO THE EXISTING WALKING PATHS AT THE INTERSECTION OF E.P. ROAD AND PIONEER TRAIL IS DANGEROUS AT BEST. COMING FROM THE SOUTH VISIBILITY IS VERY LIMITED AND REACTION TIMES ARE SHORT, FROM THE NORTH DRIVERS ARE USUALLY GOING TO FAST, NOT ADJUSTING TO THE LOWER SPEED LIMIT. THE DANGER IS JUST TO GREAT. FOR SAFETY REASONS WE FEEL THIS SECTION OF WALKING/BIKE PATH IS URGENTLY NEEDED. PLEASE SERIOUSLY CONSIDER OUR REQUEST AND PROCEED AS QUICKLY AS POSSIBLE. SINCERELY, TIM AND NANC BURGET1 16400 HILLTOP ROAD EDEN PRAIRIE, MN 55347 934-7883 MEMORANDUM TO: Mayor and City Council FROM: Waste Management Commission SUBJECT: Environmentally Acceptable Packaging Ordinance DATE: October 19, 1989 On May 2, 1989, the Eden Prairie City Council approved the first r e a d i n g o f a n ordinance which would require that food and beverages be packaged i n environmentally acceptable materials. It requested the Waste Mana g e m e n t Commission to study the ordinance and to propose changes which sho u l d b e incorporated into the ordinance at the second reading. During the p a s t f i v e months, this matter has been a principal item of business of the C o m m i s s i o n . Our findings and recommendations are contained in this memorandum. Recent State Legislation: During the September 1989 Special Session, the Legislature adopted a statute which preempted cities from adopting o r e n f o r c i n g ordinances which were more stringent than State regulations regard i n g p l a s t i c packaging. This provision is effective through June 30, 1990. Whi l e t h e ordinance being considered by Eden Prairie and adopted by several o t h e r communities encompasses environmentally acceptable packaging, its m o s t i m m e d i a t e effect would be on plastic packaging. The City Council is unable t o t a k e further action on the proposed ordinance at this time; however, it s h o u l d b e prepared to adopt the ordinance next July. What the Ordinance Addresses: Contrary to popular belief and inaccurate portrayal by several news organizations, the ordinance under consid e r a t i o n i s not a plastics ban. Also, it relates to the packaging of food and l i q u i d s s o l d in food establishments. It requires that food establishments sell p r o d u c t s which are packaged in environmentally acceptable materials - general l y , t h o s e which are reuseable, recyclable, or degradable - unless there are no commercially available alternatives. Plastics are acceptable materi a l s i f t h e y are included in the City's recycling collection program. Rather tha n b a n n i n g plastics, the ordinance encourages the recycling of plastics. Study Resources: During the study process, Commission members spoke with officials of Shamrock Industries and toured their plastics plant; di s c u s s e d t h e proposed ordinance with persons from the City of Minneapolis and the l o c a l chapter of the Sierra Club; explored the implications of the proposed o r d i n a n c e with representatives of the Minnesota Grocers Association and Lund s ; a n d g a i n e d the counsel of Hennepin County Commissioner Randy Johnson. One Co m m i s s i o n member attended a recycling conference sponsored by the National L e a g u e o f Cities in July, and two members attended a plastics recycling conf e r e n c e sponsored by several State agencies in August. The Commission's r e s e a r c h provided a well-rounded perspective from which to make its recomme n d a t i o n s . RECOMMENDATIONS: The Waste Management Commission supports the proposed ordinance as it has been drafted. It is similar to that adopted b y t h e C i t y o f Minneapolis and several other metropolitan communities. Uniformity o f ordinances will work to the best interests of cities and the food i n d u s t r i e s alike. While it is true that consumer preferences for environmenta l l y responsible packaging may eventually force manufacturers to repackage their goods, this process is indirect and would take a long time before changes would be realized. More direct action on this matter is needed at this time and governmental regulation is a most appropriate course of action. The ordinance, although not perfect, is an important step in this direction. The Commission recommends that the Council be prepared to approve the second reading of the ordinance on July 3, 1990. During that time, a number of issues should be resolved or clarified: *Enforcement and Enforceability: Any ordinance must be readily enforceable in order that it be worthwhile to adopt. Large food stores may carry over 25,000 different items. To determine which items are packaged in an environmentally acceptable manner is a daunting task, to say the least. The City of Minneapolis has formed an advisory committee to identify acceptable packaging. Eden Prairie should look to the standards established by this committee and adopt them. This action would economize the efforts of the City and lead to uniformity among cities with new packaging regulations. As this committee's work may not be done by July 3, 1990, the effective date of Eden Prairie's ordinance may need to be delayed. Enforcement responsibilities are unclear at this time. Food establishment inspections in Eden Prairie are currently performed by the Hennepin County Community Health Department. This agency has not yet determined whether or how it might enforce a City regulation which is more stringent than County standards. The City may have to pay extra to the County or itself enforce these regulations with an inspector on staff or under contract. *Plastic Recycling: Hennepin County recently adopted a policy which requires cities to have source-separated plastics collection In order to remain eligible for County funding assistance for municipal recycling programs. This mandate would take effect when the County's multi-material recycling facility (MRF) is in operation in the latter part of next year. To the extent possible, the City should try to have the effective dates of the packaging ordinance and the requirement to collect recyclable plastics coincide with the opening of the MRF. Plastic recycling will be more easily accomplished when the type of plastic must be coded on a product beginning in 1991. *New Legislation: Observers of the Legislature believe that the vol.-tile packaging issue is sure to be revisited during the 1990 session. Any new legislation could offer the City additional opportunities or further restrictions on local action. The Waste Management Commission will continue to monitor this issue during the next six months. We will advise the Council of any prudent changes to the ordinance by July 1990. We would appreciate any further direction from the Council at this time. MEMORANDUM TO: Mayor and City Council THRU: Carl J. Jullie, City Manager FROM: Craig W. Dawson, Assistant to the City Manager SUBJECT: General Fund Financial Report, 3rd Quarter 1989 DATE: November 3, 1989 Data for General Fund operating revenues and expenditures show that the City's bottom-line financial position for these activities to be close to the adapted budget. With 75 percent of 1989 gone, the City has collected about one-half of its anticipated revenue and spent just under 75 percent of the amount approved for expenditures. Tables summarizing expenses and revenues are included with this memorandum. What follows is a description of the activities in which the amount of funds collected or spent are not within the range one would expect with trend-line analysis. Additionally, a few red flags are noted. REVENUES Total revenues received to date were 48 percent of the approximately $12 million expected. The major source of funds, property taxes, is paid to the City only twice per year; the next payment will be received in December. Given this payment practice, the figure for overall receipts is about what would be expected. Taxes: About $3.9 million of the $8 million tax levy has been received. Included in this amount is $455,000 in transition aid (formerly the homestead credit), a portion of the property tax which has been paid by the State of Minnesota. Building Permits: Fees collected in 1989 will be below the $1.4 million FiTimate. It appears that $1.0 - $1.1 million will likely be received. Fees: A variety of revenue sources are included on this line. About 30 percent of the $454,500 in the budget has been received. Major components in this category are fees for Engineering Administration and Planning/Zoning. Most of the charges for these activities are allocated for accounting purposes at year-end. Community Center: Fees from patrons of the Community Center are 68 percent Orlhe anticipated receipts. An influx of revenue is expected with increased use of the facility (e.g., sale of ice time) during the remainder of the year. Court Fees: Hennepin County typically is one month behind in sending the City its portion of court fines. This quarter of the year is no exception. If payments were current, revenues for this item would be about 70 percent of the estimated receipts. - 2- Miscellaneous Revenue: Included in this heading are items which are diErFET11 to idenfiTTand/or anticipate. To date, approximately 25 percent of the extimated $140,000 has been received. Cable TV: Receipts are on track due to the semi-annual payment system required of Paragon Cable. The $655,000 settlement from the sale of Rogers Cablesystems is not shown here as a General Fund revenue. EXPENDITURES Legislative: The balance remaining - 15.4 percent - appears to be low; however, because of the annual membership dues for local, state, and national organizations have been paid, few obligations remain for 1989. Elections: This activity is over budget because wages paid for the park FOR referendum were greater than anticipated. Additionally, the elections clerk attended a training school for operation of the new voting equipment used in the referendum and subsequent elections. Facilities: Use of natural gas is a major component of this budget. With 74—Coming of winter, the rate of expenditure for this division will increase and approach the budget allocation. Park Capital Outlay: Major purchases were made early in the year so that capital equipment could be used during the summer. Little remains to be purchased in 1989. Environmental Services: This division traditionally relies on two to three summer tree inspectors to identify diseased trees. The 1989 budget was prepared with this staffing level; however, only one person was on this seasonal staff and then only for six weeks. Consequently, a large balance remains for this division. Recreation Administration: Only 14.6 percent of the allocation for this division remains in the balance. Printing costs for seasonal program offering brochures have already exceeded the budget estimate, and the winter brochure still needs to be printed and mailed (estimated at $5000). Demand for these materials continues to increase. Adagtive Recreation: Billings through July have been received. These billings reflect expenses incurred for programs provided until that time rather than a constant monthly fee. The Adaptive Recreation program is usually at its busiest in late summer and fall, so total expenses approaching those in the budget are expected. Historical 8, Cultural Arts: The major expense in this program is the compensation for the part-time historical programmer. This position was recently filled; no wages have been paid to be included in the 3rd Quarter report. Criminal Prosecution: Billings from the City Attorney have been received for services rendered through May. By averaging monthly bills and projecting them through September, approximately $69,000 (or 73 percent of the budget) would have been spent. - 3 - Civil Defense: The major cost item in this activity is the installation o f a siren for11-6,000. This purchase has not yet been made. Fire: Payments to firefighters for responses to fire calls are made twic e per year; the second payment will occur in the fourth quarter. This i s t h e major component of this budget. Another large allocation is $60,000 f o r improvements to Fire Station No. 1; to date about $7200 has been spent f o r this purpose. Street Lighting: In 1989 NSP did a rigorous inventory of its street l i g h t s and updated - its billing records. At least 1755 street lights were counted, a number substantially higher than what had been on record in Eden Prai r i e . Consequently, a total of $198,000 has been billed by NSP through Septem b e r . (This is a net figure as staff has subtracted revenues paid to the Cit y b y developers during the first three years of subdivision develoment.) C h a r g e s to date suggest that the City will have a net expense of $260,000 for 1 9 8 9 , or $90,000 over the approved budget. The :990 budget may also need to b e modified above the $200,000 that is currently proposed. Shared Services-General: This program will likely exceed its budget fo r several reasoni:7-717-Vice and expense of office supplies has increased; in fact, costs for these items through September were only $1550 below the $30,000 allocated for this line item. More legal notices are being published than in previous years. Insurance premiums, which represent o v e r one-half of this budget, have been fully paid for 1989. Legal Counsel: Billings from the City Attorney have been received for services Fe-red through May. By averaging monthly bills and projecting them through September, approximately $57,000 would have been spent of t h e $100,000 allocated for general legal services. This budget also shows $50,000 for special cases which have yet to have accounting certificatio n . Public Information: A large remains because the communications corrdina t o r OFilIiiiii—FiThot been filled and has video equipment has not been purchased. A community survey, for which $9000 has been allocated, will begin befor e year-end. Reserve: This budget shows a large negative balance due to charges ma d e against this program for extraordinary costs incurred to oppose the expansion of the Flying Cloud Sanitary Landfill. The financial data reported through the 3rd Quarter of 1989 show sever a l a r e a s where prudent management is happening and savings should occur. Short f a l l s i n building permit fees and expenses over the budgets for streetlighting a n d t h e reserve suggest that General Fund balance adjustments may be necessary a t y e a r - end. CJJ:CWD:bmm m-3rdqtr 3RDa9BUD CITY OF EDEN PRAIRIE 1989 GENERAL FUND EXPENDITURES 25% OF THE BUDGET YEAR IS LEFT ADJUSTED BUDGET BUDGET EXPENDED BALANCE % BALANCE LEGISLATIVE ELECTIONS CITY MANAGER ASSESSING DEPT BLDG INSPECTION DEPT SAFETY FACILITIES PARKS/RECREATION AMIN & PARK PLAN PARK MAINTENANCE PARK CAP. OUTLAY ENVIRONMENTAL SERV RECREATION AMIN COMMUNITY CENTER BEACH ORGANIZED ATHLETIC RECREATION-YOUTH RECREATION-ADULT RECREATION-ADARTIV HIST & CUL ARTS _INANCE HUMAN RESOURCES HUMAN SERVICES PLANNING DEPT POLICE DEPT POLICE CRIMINAL PROSEC CIVIL DEFENSE ANIMAL CONTROL FIRE ENGINEERING STREETS & DRAINAGE EQUIPMENT MNTC SNOW & ICE CONTROL STREET LIGHTING SHARED SERVICES GENERAL DATA PROCESSING LEGAL COUNSEL PUBLIC INFORMATION EMPLOYEE BENEFITS & TRAINING RESERVE SOLID WASTE 66100 14200 142750 299700 548600 5000 536200 170200 537800 126900 135100 100200 594400 96000 163850 147050 125650 33500 38900 254200 105300 94300 339200 2256200 94000 26900 57600 375800 544900 1021600 468200 96200 170000 418300 81500 150000 94600 1327900 109200 73200 55901 16778 109056 229502 369020 502 352475 121,58 399175 109722 61726 85599 442818 67803 102376 108326 80613 10586 13552 172290 75377 53041 260381 1529482 35708 1183 41396 227983 395659 738611 354398 51395 198210 357389 47475 33095 11049 1042941 273389 36154 10199 -2578 33694 70198 179580 4498 183725 48742 138425 17178 73374 14601 151582 28197 61474 38724 45037 22914 23348 81910 29923 41259 78819 726718 58292 25717 16204 147817 149241 282989 111802 44805 -26210 60911 34025 116905 83551 284959 -164189 37046 15.4% -18.2% 23.6% 23.4% 32.7% 90.0% 34.3% 28.8% , 25.7% , 13.5% 54.3% 14.6% 25.5% 29.4% 37.5% 26.3% , 35.8% 68.4% 63.3% 32.2% 28.4% 43.8% 23.2% ' 32.2% 62.0% 95.6% 28.1% 39.3% 27.4% 27.7% 24.0% 46.8% -16.6% 14.6% 41.7% 77.9% 88.3% 21.5% -150.4% n 50.6% TAL GENERAL FUND 12037000 8673594 3363406 27.9% L-; CITY OF EDEN PRIAIRE 1989 GENERAL FUND REVENUES 25% OF THE BUDGET YEAR IS LEFT ADJUSTED BUDGET 8000000 92000 1400000 12100 454500 509700 470000 266800 240000 100000 284800 140000 67000 RECEIVED 3891240 20106 818778 6120 133506 335541 319815 231687 151004 75000 213600 34627 30854 BUDGET % RECEIVED 48.6% 21.9% 58.5% 50.6% 29.4% 65.8% 88.0% 86.8% 62.9% 75.0% 75.0% 24.7% 46.1% TAXES LICENSES BUILDING PERMITS OTHER PERMITS FEES REV FROM OTHER AGENCIES COMMUNITY CENTER FEES RECREATION PROGRAMS COURT FEES TEREST USE OF FUND BALANCE MISCELLANEOUS REVENUE CABLE TV TOTAL GENERAL FUNDS 12036900 6261878 48.0% PROPOSED POLICY LAWFUL GAMBLING CITY OF EDEN PRAIRIE PURPOSE: The City of Eden Prairie recognizes that lawful gambling is a legitimate fund-raising activity allowed under Minnesota law. State statutes regarding lawful gambling give cities broad authority to restrict lawful gambling activities in order to safeguard public health and welfare and to reflect community standards. The Eden Prairie City Council appointed, and received recommendations from, a Lawful Gambling Study Committee. The Council also heard comments from other parties with an interest in this issue at a public meeting. Based in part upon these recommendations and comments, the City Council has decided to allow lawful gambling activites within Eden Prairie in accordance with State law and with additional conditions which follow in this policy statement. CITY APPROVAL: An applicant for any lawful gambling license must present the application to the City as provided by Minn—ota law. The City Council has a 60-day period after receipt of the application during which it may act. The Council may choose to waive the time remaining in the 60-day period, or it may deny the application. Final approval for licenses are granted by the State of Minnesota, not the City of Eden Prairie. TYPES OF LICENSES PERMITTED: The City shall allow gambling operations with the exception of paddlewheels as allowed by Minnesota law and defined in MS 349.11-22. These activities shall include, and are limited to, bingo, pulltabs, tipboards, and raffles. LOCATIONS: For lawful gambling activity requiring a license by the State, the number of locations at which lawful gambling activities may occur will be limited. One location will be permitted per 10,000 City residents. These lawful gambling operations will be permitted only in private clubs. Gambling activities will not be allowed in the dining, lobby, or cashier areas of these establishments. An organization having a lawful gambling license may operate only at one location within Eden Prairie. Any location at which lawful gambling occurs shall have only one licensed organization permitted to operate lawful gambling activities within it, except that any location at which lawful gambling was licensed prior to November 1, 1989 shall have no restrictions placed on the number of licensed organizations which may conduct gambling activities within them. BINGO HALL OPERATIONS: All bingo halls shall be permitted to operate to the extent permitted by law. At the present time, 18 bingo occasions are allowed during a seven-day period. ELIGIBLE ORGANIZATIONS: Licenses may be issued only to fraternal, religious, veterans, or nonprofit organizations which must meet the eligibility requirements established by the State of Minnesota. To the extent allowed by law, these organizations must have demonstrated affiliations within the City and with activities for the benefit if the Eden Prairie community. - 2 - USE OF PROCEEDS: The City shall direct that at least ten percent of net proceeds be used for human services needs within the City of Eden Prairie. The City may designate an entity not controlled by the City to monitor contributions made by licensed organizations in order to advise the Council that proceeds are used in accordance with this policy. CITY TAX: State law allows a city to levy a tax of 3.0 percent of gross receipts to be used for the city's cost of regulating lawful gambling. The City of Eden Prairie shall levy a tax of 1.0 percent of gross receipts. In so doing, the City expects that the additional non-taxed revenue will be used for charitable purposes. RECORDS: The City shall require that licensees approved by the City must send to the City copies of all records the organizations must send to the State. The City may also require upon demand that licensees make available to the City copies of monthly bank statements and cancelled checks, as well as provide records of all units of gambling purchased, sold, and remaining. These requirements are made to provide the City with another level of investigation to ensure that gambling operations are being conducted properly. ORDINANCE: The City Council directs that these policies be incorporated Into an ordinance which will amend regulations in the City Code relating to lawful gambling activities. This policy statement adopted by the Eden Prairie City Council on November 7, 1989 ORDINANCE NO. 284 CITY OF BURNSVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 21 OF THE BURNSVILLE CITY CODE REGULATING GAMBLING The City Council of the City of Burnsville ordains as follows: Section 1. Title 3, Chapter 21 of the Burnsville City Code is amended in its entirety to read as follows: SECTION: 3-21-1 3-21-2 3-21-3 3-21-4 3-21-5 3-21-6 3-21-7 3-21-8 Purpose Definitions Lawful Gambling Additional Regulations City Approval Required Investigation Fee City Permit Penalty 3-21-1 Purpose - The purpose of this Chapter is to closely regu- late and control gambling activities and to prohibit the commercialization of these activities. 3-21-2 Definitions - The terms used herein have the meanings set forth in Minnesota Statutes Sections 349.11 through 349.22, and in the rules adopted pursuant to the authority contained in the Statutes. 3-21-3 Lawful Gambling - There shall be no gambling in the City of Burnsville except in accordance with the provisions of this Chapter and the provisions of Minnesota Statutes Section 349.11 through 349.22, inclusive, and rules adopted pursuant thereto. 3-21-4 Additional Regulations - In addition to the requirements of Minnesota Statutes Section 349.11 through 349.22, inclusive, and rules adopted pursuant thereto, the following regulations must be complied with: (a) Gambling occasions may be conducted only by a qualified Burnsville non-profit organization. The gambling occa- sion may only be put on by and for the benefit of the non-profit organization. (b) For purposes of establishing a qualified organization, the organization must have had a principal local office 30- ORDINANCE NO. 284 PAGE 2 within the City of Burnsville for at least 18 months prior to the date of application for permission to hold a gambling occasion. (c) Gambling occasions may be conducted only in licensed liquor or non-intoxicating, malt liquor establishments, except that a qualified organization may hold bingo events, pull tabs and raffles anywhere within the City. (d) No qualified organization may hold a gambling occasion in any intoxicating or non-intoxicating malt liquor establishment without a written lease for a period of not less than one (1) year. Lease payments shall be no more than $10.00 per gambling occasion. (e) A qualified organization holding a gambling occasion may pay no compensation to any of its members for putting on a gambling occasion except that an organi- zation holding a special club liquor license under City Code Section 3-1-3(c) may pay the normal salary or wages its employees would otherwise receive, so long as that amount is not based on a percentage of gambling profits. (f) Only members of the organization may sell any type of gambling chances except that no employee of a licensed organization other than an organization holding a special club liquor license under City Code Section 3-1-3(c) may sell any type of gambling chances while at the same time the employee is performing duties as an employee of a licensed liquor or non-intoxicating malt liquor establishment. (g) A qualified organization other than one holding a Special club liquor license under City Code Section 3-1-3 (c) may hold no more than three (3) gambling occasions in any one calendar year. For purposes of this Chapter, a gambling occasion may last no longer than three (3) consecutive days, provided that raffle tickets may be sold for a period up to sixty (60) days prior to the raffle drawing. (h) No person under eighteen (18) years of age shall parti- cipate in a gambling occasion unless accompanied by their parent or guardian, except that persons under eighteen (18) years of age with the permission of their parent or guardian may sell raffle tickets. (i) No licensed intoxicating or non-intoxicating malt liquor establishment other than one holding a special club liquor license under City Code Section 3-1-3(c) may have more than five (5) gambling occasions on its premises in any one calendar year. 3 Connie Morrison, Mayor elyn M.'Kjos, City Cire 5, rk ORDINANCE NO. 284 PAGE 3 3-21-5 City Approval Required - Nothing herein shall be deemed to be an automatic approval of a license applied for with the Charitable Gambling Control Board. The City reserves the right to disapprove licenses. 3-21-6 Investigation Fee - Upon being notified by the Board that an organization has applied for issuance or renewal of a license, the organization shall pay to the City an investigation fee in an amount established from time to time by resolution of the City Council. Failure to promptly pay the required investigation fee shall be grounds for disapproval of a license. 3-21-7 City Permit - No organization may conduct a gambling event which would otherwise be allowed pursuant to the exemptions set forth in Minnesota Statutes Section 349.214, without first securing a permit from the City and paying the permit fee as may be established from time to time by City Council Resolution. 3-21-8 Penalty - Any person violating any provision of this Ordinance is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $700 or imprisonment not to exceed ninety (90) days or both, plus in either case the cost of prosecution. Additionally, violation of this Ordinance shall be reported to the Minnesota Charitable Gambling Board and a recommendation shall be made for suspension, revocation or cancellation of an organization's license. Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication, except that Paragraphs 3-21-6 and 3-21-7 of Section 1 shall be effective June 1, 1986. Passed and duly adopted this 21st day of April, 1986, by the City Council of the City of Burnsville. RESOLUTION NO. 2955 RESOLUTION ESTABLISHING INVESTIGATION AND PERMIT FEES FOR ORGANIZATIONS CONDUCTING LAWFUL GAMBLING WHEREAS, State Law and Burnsville City Code Section 3-21-6 authorize the City of Burnsville to impose an investigation fee prior to granting approval to a license applied for with the Minnesota State Charitable Gambling Board; and WHEREAS, State Law and Burnsville City Code Section 3-21-7 authorize the City of Burnsville to impose a permit fee prior to granting a permit to conduct lawful gambling exempt from State licensing requirements; and WHEREAS, the Burnsville City Council deems it prudent and advisable to review and investiaate requests to conduct lawful gambling within the City of Burusville, and; WHEREAS, the City will incur expenses in reviewing and investigating requests to conduct lawful gambling within the City; and WHEREAS, the Minnesota State Legislature hai imposed a $250 limit on investigation fees imposed by the City in con- sidering approval of a license applied for with the Minnesota State Charitable Gambling Board; and WHEREAS, the Minnesota State Legislature has imposed a $100 limit on permit fees charged by the City to organizations exempt from State licensing requirements. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Burnsville, Minnesota: 1. The investigation fee imposed under City Code Section 3-21-6 shall be based on the actual cost of time and materials spent on the investigation, up to the maximum of $250 permitted by law. 2. The permit fee imposed under City Code Section 3-21-7 is hereby set at $100 per gambling occasion. 3. This resolution shall take effect June 1, 1986. PASSED AND DULY ADOPTED, by the City Council of the City of Burnsville, this 19th day of May, 1986. 74x_evt-6 ,4, Cohnie Morrison, Mayor At /7 / Evelyn M. , os, City Cler 311S AGENDA JOINT MEETING OF EDEN PRAIRIE CITY COUNCIL AND HISTORICAL CULTURAL COMMISSION TUESDAY, NOVEMBER 14, 1989 6 P. M. CITY HALL COUNCIL CHAMBERS COUNCILMEMBERS: Gary D. Peterson, Mayor; Richard Anderson, Jean Harris, Patricia Pidcock, Doug Tenpas COMMISSION MEMBERS: Gwen Barker, Chairperson; John Hensrud, Robert Alan McCluskey, Mark Peterson, Deb Campbell Potter, Richard Schuette I. ROLL CALL II. $TATEMENT OF OPPORTUNITIES A. Review of Existing Commission Structure B. Vision of the 1990's III. PROPOSAL FOR FUTURE A. How to Fulfill Opnortunitv B. Relationshin of Historical & Cultural Commission to Historical Society C. Heritage Preservation Ordinance IV. COMMISSION RECOMMENDATIONS STRUCTURE OF COMMISSION The Commission was established in October 1976, hav i n g s e v e n members including, one representing the Historical Soc i e t y a n d a City Council member. Representation was changed i n 1 9 7 7 b y Ordinance No. 77-5 Duties and responsibilities at the time of the Com m i s s i o n ' s establishment were: The Commission shall advise the City Council on matters p e r t a i n i n g to activities, programs and facilities of historical and c u l t u r a l significance for the City of Eden Prairie including: a. The operation and maintenance of the Historical and C u l t u r a l Center (located on County Road 18 - now under Hennepin P a r k s ) . b. Recommendations for areas and/or facilities for inclusion in the City's park program which have historical or cu l t u r a l significance. c. Review and development of historical and cultural progr a m s f o r the community. Over the years the work of the Commission has evolved , o f t e n a t the initiative of a Commission member with a pet projec t . The Art-in-City Hall program was such a project. This s t a r t e d i n 1980. To facilitate the program the Art-in-City Hall C o m m i t t e e was set up a year later. The Commission had been involved in bringing regional p e r f o r m i n g art groups to the community and in showcasing local t a l e n t . T o involve more people in the endeavor the Performing Arts C o m m i t t e e was formed on August 30, 1982. The first meeting called outside the Commission to di s c u s s t h e restoration of the Cummins-Grill Homestead occurred i n F e b r u a r y 1982. These are the three standing committees of the Commis s i o n . T h e y have representation and often leadership from the Commi s s i o n a n d additional members from the community. A Sunbonnet Day Committee is organized each year. KEY VISION STATEMENTS FOR THE 1990 ,S HISTORICAL AND CULTURAL COMMISSION 1. Historical and Cultural Center at Staring Lake. 2. Active/exciting large scale programs both hist o r i c a l a n d cultural; with complimentary sharing of artistic a n d h i s t o r i c a l talents for programming. Programs for families. 3. Manage and facilitate effective use of historic properties. 4. More efficient internal organization within the C o m m i s s i o n t o improve coordination with related groups such as t h e H i s t o r i c a l Society, school district, other commissions a n d s e r v i c e organizations. Fulfillment of Vision Eden Prairie Historical and Cultural Commission prepared by Bob McCluskey I. The accomplishments and vision of the Historical and Cultural Commission have been made clear. However, the current organizational structure of the commission does not effectively contribute to the realization the vision and opportunities before us. Thus, we intend to reorganize the commission to provide for only two major subcommittees, each of which will organize itself and subordinate bodies under the supervision of the Commission. One of these subcommittees will have primary responsibility for the historical mandates of the commission and one will be responsible for the cultural aspects. This reorganization will have several desirable effects: A. It will allow the commission to play a more strategic role in the historical and cultural life of the community. In the past commission members have been responsible for the conceptualization, planning, and oversight of their mandate, as well as a large part of the administration and implementation. We all know that the strategic elements suffer in such circumstances. The future we have visualized for Eden Prairie requires a longer and broader view than previously available. This reorganization will reduce the number of elements with which the commission deals on a regular basis and allow a more comprehensive perspective of its work. B. This reorganization will require a broader base of Fulfillment of Vision - Bob McCluskey - page 2 community participation in historical and cultural affairs. We recognize that this broad participation may not be easy to effect. However, such participation has great value and is worthy of the effort required. The commission is committed to this effort and will undertake to meet the goal of broader participation through a volunteer coordinator role at the commission level. II. Suggestions have come from inside and outside the commission that perhaps the historical and cultural functions of the commission should be divided. An example that is currently before the Council is a memorandum, dated October 4, 1989, from Bob Lambert, Director of Parks, Recreation and Natural Resources. This memorandum suggests that the historical role of the commission be transferred to the Eden Prairie Historical Society. The commission is opposed to this recommendation and would like to address some points in support of our opposition. A. First, an organic relationship does exist between the historical and cultural elements of community life. This obvious relationship no doubt resulted in the conceptualization of the Historical and Cultural Commission in the first place. The history and culture of a society are inseparably dependent. Our Sunbonnet Day provides evidence in support of this notion. It would be difficult to classify Sunbonnet Day as an "historical" event, or a "cultural" one. Further, an attempt to so classify it would do damage to its contribution to our community. The close relationship of community historical and cultural leaders under the Historical and Cultural Commission permits Sunbonnet Day to be an accurate and popular reflection of Eden Prairie as a society. Sunbonnet Day could not exist without the active and intimate interaction of these leaders. B. Perhaps more important, an organic relationship should exist between the historical and cultural elements of our community. The arbitrary division of symbiotic partners will lead at best to a lack of appreciation for essential elements of our society. At worse, the partners will view themselves as competitors for resources which they would be synergetic in sharing. For example, the Commission will be sponsoring "Catching On," a performance by the Great North American History Theater, in April, 1990. This presentation reflects a historical perspective of American life and promotes adult literacy, as well. In discussions following the scheduling of this Fulfillment of Vision - Bob McCluskey - page 3 performance, there was concern that the base of appeal for the show needed broadening. A decision was made to include Jack Pearson, a singer, songwriter and storyteller, to the program. We expect this combination to provide exactly the appeal required to both entertain and edify our community. The presence of both cultural and historical interests on the Commission permitted this program to be optimized quickly and easily. Division of these interests might have resulted in greater effort with less effective results III. In his memorandum of October 4, Mr. Lambert points out that some cities use their historical societies to administer their historical programs. In this memorandum, he recommends that the historical programming and restoration activities of the Historical and Cultural Commission be transferred to the Eden Prairie Historical Society. However, a study done by Sandra Werts, staff person to the Commission, reported in her memorandum of October 23, 1989, to the Commission, indicates that this is the exception rather than the rule. Furthermore, the study reveals some problems with this scheme, a few of which will be summarized below. A. In Mr. Lambert's memorandum, he cites Edina and Northfield as communities where historical societies are active in the administrative of what might be viewed as "city programs." The following observations might be made: 1. In Edina, there is no relationship of official accountability from the Historical Society to the city. While there appears to be a high degree of cooperation, there is no guarantee that this will persist. The City of Rockford, for example, is experiencing a potential vacuum of leadership in its historical society which has the potential of jeapordizing the city's investment in its historical properties. 2. Northfield is probably a special case because its economy is highly dependent on its historical background. It is to be expected that its businesses and citizens would be supportive. B. The Historical Society is a private organization and the delegation of public responsibilities and resources is subject to a potential lack of accountability and continuity. The Historical and Cultural Commission is appointed by and directly responsible to the City Council, which can ensure accountability and the Fulfillment of Vision - Bob McCluskey - page 4 quality of leadership desired. C. Mr. Lambert's memorandum points out the potential for a local historical society to languish. The Historical and Cultural Commission is responding proactively to the needs of the city. There has been no complaint about the effectiveness of the Historical and Cultural Commission nor has there been a request to assume the historical functions of the Commission by the Society. It is no doubt desirable for Eden Prairie to have a strong and active historical society, and for the city to support and cooperate with it appropriately. However, we do not feel that it is necessary, sufficient or appropriate for the city to encourage the Society by delegating functions and resources which are and will be adequately dealt with by the city's own Historical and Cultural Commission. D. The Council is being asked to consider a heritage preservation ordinance. Under the terms of such an ordinance the city will be required to maintain a heritage preservation body. This body must be directly accountable to city government and would operate more appropriately within the context of an historical and cultural commission than autonomously. Again, historical preservation issues should be considered within the broadest possible context of community interests. Placing the heritage preservation body within the Planning Commission, for example, might tend to unbalance community interests by subjecting preservation issues to expediency. Making the heritage preservation body directly responsible to the City Council might be viewed as excessively politicizing preservation issues. The Historical and Cultural Commission, however, is viewed as a lay citizen organization with broad community interests. IV. In conclusion, the Historical and Cultural Commission recognizes the necessity to grow with the City of Eden Prairie. In a society of increasing specialization, we aspire to the difficult task of maintaining and promoting a broad view of our community. We have the vision to accomplish the task, and request the continuing support of the City Council to do so. TO: THRU: FROM: DATE: MEMORANDUM Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Parks, Recreation & Natural Resources October 4, 1989 SUBJECT: Historical & Cultural Commission & Historical Society On September 29, 1989, John Hensrud, cochairman of the Historical and Cultural Commission, called a meeting of representatives from the Historical and Cultural Commission and the Eden Prairie Historical society to discuss the City's (Historical and Cultural Commission) role in collection of historical materials and the Historical Society's role in collection and storage of historical materials. Individuals attending this meeting were as follows: Frank Cardarelle, Karen Norman, Kathy Case, Marie Wittenberg, John Hensrud, Paul Maravelas, Sandy Werts, Laurie Helling, and Bob Lambert. At the beginning of the meeting, Mr. Hensrud asked four basic questions relating to the Historical and Cultural Commission and the Historical Society: 1. Who collects what type of historical material? 2. Where is there storage space for this material? 3. Who controls it? 4. What security and space conditions are required? After discussing several possibilities for storage of various types of historical material, the group began discussion of who is respon- sible for what type of collection. After a lengthy discussion, it was pointed out that there seems to be three different groups that have similar interests or responsibilities: a) The Historical and Cultural Commission, b) The Restoration Committee of the Histor- ical and Cultural Commission, and c) The Historical Society. The question was asked "Should the City consider revising the Historical and Cultural Commission to a Cultural Arts Commission that is responsible for developing programs and services relating to the arts in Eden Prairie, and assign a City staff liaison to the Historical society?" The Historical Society would be given the responsibility for collection of historical material for the city, making recommendations for restoration of historical sites to the City, or as in some communities, assuming the responsibility for restoration of historical sites. All representatives attending the meeting believed t h e r e w e r e s o m e strong reasons for the City to consider eliminating t h e d u p l i c a t i o n of the Historical Society and the Historical a n d C u l t u r a l Commission by developing a liaison connection betwee n t h e C i t y a n d the Historical Society for these responsibilities, s i m i l a r t o w h a t is done in the City of Edina. Marie Wittenberg indicated that approximately 45 E d e n P r a i r i e residents are presently members of the Historical S o c i e t y . S h e indicated that to be a member of the Historical Soci e t y o n e s i m p l y needed to pay $2 for an individual membership or $ 3 f o r a f a m i l y membership. She also indicated that for the d o n a t i o n o f t h e membership fee, members received no services or i n f o r m a t i o n a n d , in a fact, the Historical Society has done very litt l e o v e r t h e last few years and is trying to become reformed w i t h a s t r o n g e r purpose and direction. Lambert indicated that if 4 5 C i t y r e s i d e n t s are willing to pay $2 to be a member of the Histori c a l S o c i e t y a n d receive nothing in return, it indicated that t h e r e w e r e 4 5 residents that had a least some interest in preserv i n g t h e h i s t o r y of Eden Prairie. This is a relatively good base o f i n t e r e s t t o start from compared to 7 members serving on a H i s t o r i c a l a n d Cultural Commission. Frank Cardarelle indicated t h a t t h e C i t y o f Northfield had 800 members in their Historical Soci e t y , n e a r l y a l l of the businessmen within the community were stro n g l y s u p p o r t i v e of the Historical Society and that society really ac c o m p l i s h e d m a n y great things. All members of the committee concurred that th e C i t y s h o u l d seriously look at restructuring the Historical a n d C u l t u r a l Commission and designating responsibility fo r h i s t o r i c a l preservation to the Historical Society, as it is a w a y t o g e t a l l interested citizens actively involved in the pres e r v a t i o n o f o u r historic sites, rather than just a few members on a c o m m i s s i o n o r a committee. It was agreed that City staff research how other cities are using Historical Societies or Historical and Cultural C o m m i s s i o n s , o r both, and report findings to the Historical and Cult u r a l C o m m i s s i o n and to the City Council for their joint meeting lat e r t h i s y e a r . BL:mdd MEMORANDUM TO; FROM: DATE: SUBJECT: Historical & Cultural Commission Sandra F. Werts, Recreation Supervisor October 23, 1989 Relationships Between Cities and Local Historical Societies On September 29, 1989, members of the Restoration Committee and the Historical Society met with Bob Lambert and other park and recreation staff on the question of acquisition of artifacts and responsible parties. The conversation turned to who should be responsible for the restoration with Frank Cardarelle of Edina, a member of the Restoration Committee, citing the role of Edina Historical Society. It was suggested that the City of Eden Prairie dissolve the Historical and Cultural Commission and Restoration Committee as it is and turn that aspect over to the Historical Society and just have a Cultural Commission. Staff agreed to contact local communities and see what the relationships were between the city and the Historical Society. I contacted the cities of Bloomington, Edina, Minnetonka, Brooklyn Park, and Maplewood. The following questions were asked, if appropriate. 1. Does the city have a Historical Commission? 2. Does the city have a Historical Society? 3. What relationship does the Historical Society have to the Historical Commission and to the city? 4. Does the city provide staff liaison or monetary support to the Historical Society? 5. Does the Historical Society have any direct control or recommending responsibility regarding city owned historical sites? 6. Any other pertinent information on how the Historical Society operates in conjunction with the city. EDINA: Contact: Bob Kojetin, Director of Parks and Recreation The Edina Historical Society is a private non-profit organization. The role with the city is the same as with the Hockey Association, Baseball Association, etc. The city provides them the facility and they do their own programming. The staff liaison has the same role with the Historical Soc i e t y a s they would with the Hockey Association. They receive i n p u t a n d suggestions to take back to the city. The liaison does no t s e r v e as staff to the Historical Society. The city owns the site with the Cahill School and Grange H a l l . I t pays for the maintenance and upkeep of the facility, but d o e s n o t pay for the operation. Again, a referral was made to a t h l e t i c s . The city maintains the fields, but the Baseball Associat i o n r u n s the programs from user fees. The city allows the Society to rent out the facility, t h e m o n e y they bring in from rentals, the Cahill School programs a n d o t h e r fund raising projects is what the Society uses to operate t h e s i t e . The Society pays the teacher who runs the school program. The city is building a museum for the Historical Society t o h o u s e its artifacts. The Edina Centennial Commission raised $22 5 , 0 0 0 f o r this purpose. The Historical Society was only one of 45 m e m b e r s on the Centennial Commission. The museum is being build a d j a c e n t to a current building at Arneson Acres, which is now shar e d b y t h e Garden Council and the Historical Society. The ci t y , t h e Historical Society, and the Garden Council currentlly s p l i t t h e cost of the heat, lights, and cleaning of the building. W i t h t h e new museum the city will also help share the cost of heat , l i g h t , and cleaning. The Historical Society will be responsible f o r t h e operation of the museum. The city does not have a budget f o r t h e Historical Society. The city does have a Heritage Preservation Commission. This commission comes under the Planning Commission. Currently , n o o n e on the Heritage Preservation Commission is a member o f t h e Historical Society. The Heritage Preservation Commission h a s m o r e recommending responsibility regarding city owned historica l s i t e s than the Historical Society. Kojeten must work through the H P C f o r approval for any work that is done on the Grange Hall or the C a h i l l School. The city does have an Arts Center Board that runs the E d i n a A r t Center. This board is appointed by the City Council. CITY OF MINNETONKA Contact: Terry Schwerm, Assistant to the City Manager The City of Minnetonka owns the historical Burwell House o n C o u n t y Road 5. The city has worked with the Historical Socie t y o n t h e restoration and puts money into the budget for mainten a n c e . T h e Historical Society operates the site, the city does n o t g e t involved. The city does have a caretaker on the si t e , i n a separate building, who is there rent free in return for k e e p i n g u p the grounds, etc. The city has no liaison to the Historical Society Board. They respond to Historical Society requests. The Historical Society has an ice cream social and the city provides police, garbage cans, etc., but does not provide any operating budget to the Society. They help out when they can and only provide funds as requested. The city has inventoried all the historic sites in the community, but does not have the Heritage Preservation Commission. CITY OF BLOOMINGTON Contact: Bob Scharlan, Planning Department; and Jim Truax, Director of Community Services Bloomington does not have a strong relationship with their Historical Society. They do have a Heritage Preservation Commission, but it was merged with the Natural Resources Commission and is now the Natural and Historic Resources Commission. The Bloomington Historical Society is a private non-profit agency. It is responsible for the museum and is more of a social group with focus on historic aspects; much like a garden club. It is primarily an older group, which maintains the collection. They very seldom have programs. The City does not provide them with any budget. The City maintains and pays the utilities on the old Town Hall, which the Historical Society operates as their museum. The City of Bloomington owns the Giddeon Pond House, which the Parks and Recreation Department maintains. The current residents have life estate. Scharlan expects that when the Pond House becomes available that the Natural and Historical Resources Commission will become involved with it and not the Historical Society. According to Jim Truax, the Society has aged and its the energy has waned. He has seen no new faces recently inthe organization. CITY OF BROOKLYN PARK Contact: Judy Johnson, Recreation Supervisor Kay Grotenhuis, Historical Site Programmer The Brooklyn Park Farm, which is owned by the City of Brooklyn Park, will be celebrating its 10th anniversary. It was purchased through Bicentennial funds. Kay Grotenhuis began working with the Brooklyn Park Farm 10 year ago. She is an employee of the Park and Recreation Department. The City of Brooklyn Park does not have a Historical Society or a Historical Commission of any type. There is joint Historical Society called the Brooklyn Historic Society, which encompasses both Brooklyn Park and Brooklyn Center. Their main interest has been with the Earl Brown Farm in Brooklyn Center. Kay says she uses a lot of the individuals as resources, but has little direct contact with the Brooklyn Historic Society. Her volunteers come from the area, and she has one couple who volunteers regularly, who are members of the Brooklyn Historical Society. She worked for many years at the Gibbs Farm Museum owned by Ramsey County and finds that being part of the City as lot better than working for a Historical Society, because of the resources available to her. Kay has worked for the City for 10 years. The house was restored before she came. During the special event season, from September through Christmas, she has almost 200 volunteers that she works with. Some work once, some work all the time. She also has 6 part-time people that work as paid tour guides and a hired man, who lives in the hired man quarters and takes care of the animals. The City owns another old home adjacent to the Brooklyn Park Farm. The Historical Society is being used as a resource for input on the development of that farm, but it will be developed and operated by the City. MAPLE WOOD Contact : Bob Odegard, Director of Parks and Recreation The City of Maplewood has a Heritage Center. It is used primarily for picnicking and meetings. There is no historic programming there. The City does not have a Historical Society. They do have an Art Committee, which helps artists in the area and puts on a display monthly at City Hall. CITY OF ROCKFORD On October 10th of this year, I had the pleasure of presenting the Rockford Historical Society with a citation award from the Minnesota Recreation and Park Association. The citation award was presented to them for their work on restoring and interpreting the Ames Florida Stork House. The City of Rockford was offered the Ames Florida Stork House in 1986. They agreed to take the house provided that a local Historical Society would be organized. The Rockford Area Historical Society formed and its primary mission was to assume responsibility for the care, preservation and historic interpretation of the Stork House and grounds. In a short period of time, the area residents rallied around the project and got the place ready for their annual River Days Festival. Now the project is completed. At the annual meeting of their Historic Society in October of 1989, they were having difficulty finding a person willing to step forward and take the leadership of the Society for the next two years. The City of Rockford only contributed $5,000 to the restorat i o n of the house. All the rest of the money raised was through gra n t s and volunteer labor and other local groups willing to contrib u t e to the place. The Historical Society is responsible for t h e operation and the maintenance of the facility. In conclusion, the Brooklyn Park operation is most closely relat e d to the situation that Eden Prairie now has with the Cummins-Gri l l Homestead. With a Historical Programmer now on staff, it would b e hopeful that in the future that we can offer as many and mo r e programs than Brooklyn Park is currently offering at the i r historical farm after having a Historical Programmer for 10 years . It seems locigal to look at what will work best for Eden Prair i e utilizing the resources available to us. Attached is a copy of the programs that occur at the Brooklyn Pa r k Farm and a summary sheet relating to this memo. SFW:mdd No Yes Yes Yes Yes No No No - Jim Truax is City contact Yes No No No No, joint "Brooklyn" H.S. - with Brooklyn Park & Brooklyn Center No - Kathy Grotenhuis is City contact No 2. Historical Society Does the City provide a staff liaison Monetary Support No Direct SUMMARY: HISTORICAL SOCIETY RELATIONSHIPS TO A CITY'S HISTORICAL PROPERTIES Edina Minnetonka Brooklyn Park Bloomington Maple Wood Rockford 1. Does City have No, has Heritatge No No NO, has Natural 8. No No Historical Preservation Heritage Resources Commission Commission Commision Indirect Monetary Yes, maintenance Yes, ground Maint No Yes, building of grounds utilities Does H. S. have any direct control or recommending responsibility regarding City owned historical sites NO NPC has recommeding responsibility only in regard to Burwell House No No DRAFT NO. 3 10/31/89 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER, OF THE CITY CODE BY ADDING SECTION THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: Section 1. ADOPTING. A new Section is hereby added to the Eden Prairie City Code that shall hereafter read as follows: HERITAGE PRESERVATION COMMITTEE. Subd. 1. DECLARATION OF PUBLIC POLICY AND PURPOSE. The Council of the City of Eden Prairie declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects having a special historical, community or aesthetic interest or value is a public necessity and is required in the interest of the health, pros- perity, safety and welfare of the community. The purposes of this chapter are to: (1) Safeguard the heritage of the City of Eden Prairie by preserving sites and structures which reflect elements of the City's cultural, social, economic, political, visual or archi- tectural history; (2) Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City of Eden Prairie; and (3) Foster civic pride in the beauty and notable accomplish- ments of the past. Subd. 2. DEFINITIONS. As used herein, "Heritage Preservation Site" shall mean any area, place, building, landmark, structure, lands, districts, or other objects which have been duly designated Heritage Preservation Sites pursuant to Subd. 4(7) of this Chapter. Subd. 3. DESIGNATION OF HERITAGE PRESERVATION SITES. (1) Reports. The City Council, upon request of the Committee, may direct the City staff to prepare studies which catalog buildings, land, areas, districts, or other objects to be considered for designation as a Heritage Preservation Site. (2) Criteria. The Committee shall recommend to the City Council areas, buildings, districts or objects to be desig- nated Heritage Preservation Sites. In considering the designation of Heritage Preservation Sites, the Committee shall apply the following: (a) Its character, interest or value as part of the development, heritage or cultural characteristics of the City of Eden Prairie, State of Minnesota or the United States; (b) Its location as a site of a significant historic event; (c) Its potential to yield information important in history or pre-history; (d) Its identification with a person or persons who significantly contributed to the culture and development of the City of Eden Prairie; (e) Its embodiment of distinguishing characteristics of an architectural style, period, form or treatment; (f) Its identification as work of an architect or master builder whose individual work has influenced the development of the City of Eden Prairie; (g) Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation; or (h) Its unique location or singular physical charac- teristic representing an established and familiar visual feature of a neighborhood, community, or the City of Eden Prairie. (3) Planning Commission review. The Committee shall advise the City Planning Commission of the proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site, and secure from the City Planning Commission its recommen- dation with respect to the relationship of the proposed heri- tage preservation designation to the Comprehensive Plan of the City of Eden Prairie, and its opinion as to the effect of the proposed designation upon the surrounding neighborhood and any other planning consideration which may be relevant to the proposed designation. The Planning Committee shall then give its recommendation of approval, rejection or modification of the proposed designation. The recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Commission along with its recommendation concerning the proposed designation to the City Council. The Committee may make such modifications, changes and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation of the recommendations of the City Planning Commission. (4) Communications with State Historical Society. A copy of the Committee's proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site shall be sent to the State Historical Society in accordance with Minnesota Statutes. (5) Hearings. Prior to the Committee recommending to the City Council any building, district, or object for designation as a Heritage Preservation Site, the Committee shall hold a public hearing and seek the recommendations of all concerned citizens. Prior to such hearing the Committee shall cause to be published in a newspaper of general circulation notice of the hearing at least then (10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a Historical Preservation Site and to all property owners within three hundred (300) feet of the boundary of the area to be designated a Historic Preservation Site. (6) Findings and recommendations. The Committee shall determine if the proposed Heritage Preservation Site is eligible for Heritage Preservation as determined by the criteria specified in Paragraph (2) of this subdivision, and will recommend to the City Council that the site be designated for heritage preservation. (7) Acquisition. The Committee may recommend to the City Council after review and comment by the City Planning Commission, that certain property eligible for designation as a Heritage Preservation Site be acquired by gift, negotiation or by eminent domain as provided for in Chapter 117 of Minnesota Statutes. Subd. 4. ADDITIONAL POWERS AND DUTIES OF THE COMMITTEE. The Committee shall have the following powers and duties in addition to those otherwise specified in this chapter: (1) The Committee shall conduct a continuing survey of all areas, places, buildings, structures, or objects in the City of Eden Prairie which the Commission, on the basis of information available or presented to it, has reason to believe are significant to the culture, social, economic, political, or architectural history of the City of Eden Prairie. (2) The Committee shall continually survey all areas to determine needed and desirable improvements of older buildings throughout Eden Prairie, acting in a resource and advisory capacity to owners of historically significant sites regarding their preservation, restoration and rehabilitation. (3) The Committee shall work for the continuing education of the citizens of the City of Eden Prairie with respect to the civic and architectural heritage of the city. It shall keep current a public register of designated and proposed Heritage Preservation Sites and areas along with the plans and programs that pertain to them. (4) The committee may recommend to the City the acceptance of contributions to be made to the City and to assist the City staff in preparation of applications for grant funds to be made through the City for the purpose of Heritage Preserva- tion. Any contributions will be accepted in the manner provided through the fiscal policy of the City of Eden Prairie. (5) The Committee will on a continuing basis collect and review certain City planning and development records, documents, studies, models, maps, plans, and drawings to be passed on to the State Historical Society as a permanent record of City history and development. (6) The Commission shall make no application to the National Register or to the State of Minnesota for the designation of a historic site or district without the consent of the City Council. Subd. 5. REVIEW OF PERMITS. (1) Site Alteration Permit. The Committee shall review and recommend approval or disapproval of the issuance of a Site Alteration Permit to do any of the following in a Heritage Preservation Site in the City of Eden Prairie. The application shall be accompanied by detailed plans including a site plan, building elevations and design details and materials as necessary to evaluate the request. Besides the Site Alteration Permit the regular City permits shall be required. (a) Remodel, alter or repair in any manner, including paint color that will change the exterior appearance of a historic building or in a site. (b) Begin new construction (c) Erect signs (d) Move any buildings (e) Demolish in whole or in part. This does not apply to structures required to be demolished in accordance with Minnesota Statutes, Chapter 463. (2) City activity. The Committee shall review and make recommendations to the City Council concerning City activity that could change the nature or appearance of a Heritage Preservation Site. (3) Preservation Program. All decisions of the Committee with respect to this section shall be in accordance with the approved program for the rehabilitation of each Heritage Preservation Site. The following guidelines shall be used to evaluate applications for Site Alteration Permits. (a) Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its original intended purposes. (b) The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. (c) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. (d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. (e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. (f) Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material; should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. (g) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sand- blasting and other cleaning methods that will damage historic building materials shall not be undertaken. (h) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy sig n i f i c a n t historical, architectural or cultural material, a n d s u c h design is compatible with the size, scale, c o l o r , material, and character of the property, neigh b o r h o o d , or environment. (i) Whenever possible new additions or altera t i o n s t o structures shall be done in such a manner that i f s u c h additions or alterations were to be removed i n t h e future, the essential form and integrity of the s t r u c t u r e would be unimpaired. Subd. 6 FINDINGS. Before any permit applicati o n r e q u i r e d u n d e r Subdivision 5 of this section is approved by th e C o m m i s s i o n , t h e Commission shall make findings based on the pro g r a m f o r p r e s e r v a - tion and architectural control for the Heritage P r e s e r v a t i o n S i t e in regard to the following: (1) In the case of proposed alteration or additio n t o a n existing building, that such alteration or addit i o n w i l l n o t materially impair the architectural or historic v a l u e o f t h e building, and shall make written findings cons i d e r i n g t h e existing structures and existing exterior appearan c e , b u i l d i n g height, building width, depth, or other dime n s i o n s , r o o f style, type of building materials, ornamentatio n , p a v i n g a n d setback. (2) In the case of the proposed demolition of a b u i l d i n g prior to approval of the demolition, the Committ e e s h a l l m a k e written findings on the following: architectural a n d h i s t o r i c merit of building, the effect on surrounding bu i l d i n g s , t h e effect of any new proposed construction on the r e m a i n d e r o f the building (in case of partial demolit i o n ) a n d o n surrounding buildings, the economic value of u s e f u l n e s s o f building as it now exists, or if altered or m o d i f i e d i n comparison with the value or usefulness of a n y p r o p o s e d structures designated to replace the present b u i l d i n g o r buildings. (3) In the case of a proposed new building, that s u c h building will not in itself, or by reason of its l o c a t i o n o n the site, materially impair the architectural o r h i s t o r i c value of buildings on adjacent sites or in th e i m m e d i a t e vicinity within the Historic Preservation Site. Subd. 7. LIMITATIONS. If within forty-five ( 4 5 ) d a y s f r o m t h e filing of building permit application the Com m i t t e e h a s n e i t h e r approved or denied the building permit applica t i o n , t h e p l a n a n d permit application shall be deemed to have bee n a p p r o v e d b y t h e Commission, and if all other requirement of the C i t y h a v e b e e n m e t , the City shall authorize a permit for the propose d w o r k . N o p e r m i t shall be issued or work commence in the eve n t t h e C o m m i t t e e disapproved the application in accordance with t h i s s e c t i o n . Subd. 8. EMERGENCY REPAIR. In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants, the division of housing and building code enforcement may approve the repair without prior Committee action. In the case of a permit issued pursuant to this subdivision, the division of housing and building code enforcement shall immediately notify the Commission of its action and specify the facts or conditions constituting the emergency situation. Subd. 9. APPEAL TO THE CITY COUNCIL. The permit application or any party aggrieved by the decision of the Committee shall, within ten (10) days of the date of the Committee's order and decision, have a right to appeal such order and decision to the City Council. The appeal shall be deemed perfected upon receipt by the City Clerk of two copies of a notice of appeal and statement setting forth the grounds for the appeal. The City Clerk shall transmit one copy of the notice of appeal and statement to the City Council and one copy to the Committee. The Committee, in any written order denying a permit application, shall advise the applicant of his/her right to appeal to the City Council and include this paragraph in all such orders. Subd. 10. PENALTY FOR VIOLATION. An owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Site who violates the provisions of this ordinance shall be guilty of a misdemeanor. Any architect, builder, contractor, agent, person or corporation who assists in the commission of a violation of this ordinance shall be guilty of a misdemeanor. For each such day an owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Site allows any work to be performed on any area, place, building, structure or other object in violation of this ordinance, it shall constitute a separate violation, and it shall be punishable as such. A Heritage Preservation Site on which there exists any remodeling, repairing, construction, or a building moved in violation of this ordinance is hereby declared a nuisance, and the imposition of the penalties herein prescribed shall not prevent the City from instituting an appropriate action or proceeding to prevent an unlawful remodeling, repair, construction, building, building moving or demolition, or to restrain, correct or abate a violation. Subd. 11 REPOSITORY FOR DOCUMENTS. The office of the City Clerk is designated as the repository for a least one copy of all studies, reports, recommendations and programs required under this Chapter Subd. 12. RECORDING OF HERITAGE PRESERVATION SITES. The office of the City Clerk shall record with the Hennepin County Recorder or the Hennepin County Registrar of Titles the legal description of all buildings, lands or areas designated as Heritage Preservation Sites by the Eden Prairie City Council and shall transmit a copy of said legal descriptions to the division of housing and building code enforcement. Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. Date Mayor ATTEST: City Manager Published Eden Prairie News: MEMORANDUM TO: Mayor and City Council FROM: Historical and Cultural Commission Sandra F. Werts, Recreation Supervisor DATE: November 6, 1989 SUBJECT: Recommendations from the Historical and Cultural Commission The Historical and Cultural Commission has been looking into the future and developing goals for the 1990's. The Commission looks forward to serving the residents of Eden Prairie and will appreciate your positive consideration of these requests. When the Commission and Restoration Committee met with the City Council in July, 1988 they talked about the merits of becoming a "Certified Local Government" (CLG) and asked the City to start the process. One of the requirements of being a CLG is having a Historic Preservation Ordinance. The Commission has drafted an ordinance modeled after the City of Stillwater. RECOMMENDATION 1; To adopt a Heritage Preservation Ordinance for the City of Eden Prairie. The Commission also requested funds to help with the restoration of the Cummins-Grill Homestead. With the hiring of the Historical Programmer, monthly programs are planned at the house with the exception of the winter months. To have the house fully restored and furnished would add to the appeal and interpretation. RECOMMENDATION 2: Provide up to $50,000 a year for 4 years for restoration work. The first year the funds would be used for the restoration and reconstruction of porches at the four entryways to the building and the rebuilding of the cellar entrance. This work has been estimated at $50,000. The State Historical Society has recommended the completion of the exterior restoration, as it would help attract people to the building. SFW:mdd