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
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This permit does not replace permits required by Minnesota Poll
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The permittee shall indemnify and hold harmless the Waste Co
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damages or claims as a result of any condition including dam
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facilities involving the installation of the connection.
This permit is subject to modification or revocation and may b
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to comply with terms stated herein.
Acknowledgement of permit fees in accordance with Section I
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parties other than government units, if applicable, is made a part
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Supplemental Data Sheet on the reverse side of this sheet is in
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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
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o
b
l
e
m
and an estimate of the total cost for contract work in the sum of Thirty
F
o
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T
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o
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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
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d
a
y
a
n
d
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t
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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
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e
s
c
r
i
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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
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D
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I
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,
a
c
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r
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i
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t
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f
a
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d
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a
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p
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o
f
Outlot A, TECHNOLOGY PARK
5
T
H
A
D
D
I
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I
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,
a
c
c
o
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i
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a
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follows:
Beginning at the Northeast cor
n
e
r
o
f
s
a
i
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O
u
t
l
o
t
A
,
T
E
C
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N
O
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G
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P
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5
T
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D
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N
,
said Northeast corner being comm
o
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1
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.
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P
A
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K
6TH ADDITION: thence on an ass
u
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e
d
b
e
a
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f
N
o
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h
8
7
d
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0
6
m
i
n
u
t
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s
3
5
s
e
c
o
n
d
s
W
e
s
t
,
along the northerly line of said
O
u
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l
o
t
A
,
T
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C
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O
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G
Y
P
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5
T
H
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,
a
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a
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c
e
of 524,93 feet; thence North 0 d
e
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r
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s
3
4
m
i
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s
1
7
s
e
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e
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a
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i
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f
3
3
8
.
6
5
f
e
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t
to the Northwest corner of said
O
u
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l
e
t
A
,
T
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C
H
N
O
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G
Y
P
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K
6
T
H
A
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D
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;
t
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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
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e
w
e
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t
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e
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t
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s
a
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d
Outlet A, TECHNOLOGY PARK
6
T
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D
D
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N
,
a
d
i
s
t
a
n
c
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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
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o
u
t
h
8
6
d
e
g
r
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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
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r
i
c
t
t
o
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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
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C
l
e
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.
)
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
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2000 PrPEN .545T 515, TOWER
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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.
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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.
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3161
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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
-
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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
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55132 ACRO-mINNESOTA INC
5137 ADIPONDACT DIRECT
55134 ADT HECURITy SYSTEMS
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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
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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
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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
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WASTE DISPOSAL-PARK MAINTENANCE
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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
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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
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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
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55185 CITY OF CHASKA SUMMER SKILL DEVELOPMENT/FEES PAID 55196 CHEMLAWN LAWN CARE-WATER DEPT 55187 LISA CHESLER SAILING INSTRUCTOR/FEES PAID
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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
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55197 COMNUNICATIONS CENTER -RADIO REPAIR-EQUIPMENT MAINTENANCE/MO
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CULVERT OUTLET GUARD-DRAINAGE CAONTROL 552v1 CORPORATE PIEK mANAGEPS INC OCTOBER 89 INSURANCE CONSULTANT CULLIGAN SERVICE 5527 CokT1S INDLISTPIES INC -LUBRICANTS/SPONGESSCREWS/KEYRANKSIKE
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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
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55218 THOMAS E EASTMAN
55219 ECOLAB REST ELIMINATION DIVISIO
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55222 CITY OF SEINE
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55224 SEE EDLUND
5522 5 JOHN H EK1UND
55226 ELVIS SAFETY SUFPLY INC
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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
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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
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55248 GOPHER OIL COMPANY
CO249 GUHER STATE ONE-CALL INC
55:50 GRANT mERRITT & ASSOCIATES LT
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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
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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
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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
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-INSTALL BASKETBALL HOOP/SOFTBALL FIE
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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
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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
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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
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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
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BLACK DIRT-SEWER DEPT
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WATER DEPT
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55251 ALAN GRAY
5525 ^ GREENTREE GRAPHIC PRODUCTS
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, 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
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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
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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/
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-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,
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I4150 1144?
.colLire..A 1-"' . V
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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
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Ha tel./4.4.104 •
ObiniVralg
y44150 Ualtey e4. QS V-,7*
a 0 0 01-1_EtV pb -
1/Frap*Oiitl Ans
,
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MAI fleece 93 LI—Srt ir,,stritatDamiehtm,
/44'3 3 Vaili R V 9 3 7-/9w7
PleAdy 4"
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937.
4,7
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/d/9f 1/q/ley KI 6/e1i P.
/4/9y I///e ,ed 4,2
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14,11 )1,
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/430/ t41147 Rd ?3'/-r/o;
/gm hief.11,*0 s'37.1702
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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