HomeMy WebLinkAboutCity Council - 11/21/1989AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 21, 1989 CITY HALL COUNCIL CHAMBERS, 7:30 PM
7600 Executive Drive
COUNCILMEMBERS:
Mayor Gary Peterson, Richard Anderson,
Jean Harris, Patricia Pidcock and Douglas
Tenpas
CITY COUNCIL STAFF:
City Manager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Finance Director
John D. Frane, Director of Planning Chris
Enger, Director of Parks, Recreation &
Natural Resources Robert Lambert, Director
of Public Works Gene Dietz, and Recording
Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Regular City Council meeting held July 11, 1989
B. Special City Council meeting held Thursday, November 2, 1989
C. Regular City Council meeting held Tuesday, November Z, 1989
III. CONSENT CALENDAR
A. Clerk's License List
B. Release of Special Assessment Agreement No. 88-22 regarding Starring Lake 2nd Addition and that Subdivision's Portion of Construction Costs Associated with Trunk Watermain Construction Along County Road 1
C. Apprgye Plans for Traffic Control Signal System at CSAH No. 1 (Pioneer Trail) and Homeward Hills Road I.C. 52-1807eso1ution No. 89-248)
D. Approve Plans for Traffic Control Signal System at CSAH No. 1 (Pioneer Trail) and Franlo Road I.C. 52-179 (Resolution No. 89-249)
E. Receive Petition, approve Plans and Specifications and Order Fire Protection Improvements for building at 9051 Flying Cloud Drive I.C. 5 -F-1111 (Resolution No. 89-251)
IV. PUBLIC HEARINGS
A. SANDY POINTE by Sandy Pointe Partnership. Request for Zoning
District Change from Rural to R1-22 on 6.0 acres, Prelimina
r
y
Plat 11.2 acres into 13 single family lots, 2 outlots, and
r
o
a
d
right-of-way. Location: East and west of Corral Lane, sou
t
h
o
f
Red Rock Lake (Ordinance No. 41-89 - Rezoning; Resolution N
o
.
89-207 - Preliminary Plat) Continued from October 17,
1989
Page 3186
Page 3202
Page 3205
Page 3222 .
Page 3223
Page 3226
Page 3227
Page 3228
Page 3238
City Council Agenda - 2 - Tues.,November 21, 1989
B. ALPINE CENTER by Lariat Companies. Request for Planned Unit
Development District Review on approximately 18 acres, Zoning
District Change from Office to C-Reg-Ser and Site Plan Review on
3.56 acres for construction of a 29,700 square foot retail center.
Location: Northeast corner of Prairie Center Drive and Common-
wealth Drive
Page 3256
C. BLUFFS EAST 7TH ADDITION by Rusted Development. Request for Guide Page 3257
Plan Amendment from Low Density Residential to Medium Density
Residential on 1.7 acres, Planned Unit Development Concept Amend-
ment and Planned Unit Development District Review on 186 acres,
Site Plan Review and Zoning District Change from Rural to RM-6.5
on 7.6 acres, Preliminary Plat of 12.15 acres into 26 multi-
family lots, one outlot, and road right-of-way. Location: West
of County Road 18 and north of Bluff Road.
D. MINNESOTA VIKINGS INDOOR PRACTICE FACILITY by Kraus Anderson
Construction Company. Request for Planned Unit Development
District Review on 15 acres with waivers, Site Plan Review and
Zoning District Amendment within the 1-2 Zoning District on 4
acres, Preliminary Plat of 15 acres into 1 lot for construction of
an indoor football practice and training complex. Location:
9520 Viking Drive.
E. CHURCH OF THE JUBILEE by Church of the Jubilee. Request for Site
Plan Review on 9.35 acres with variance to be reviewed by the
Board of Appeals for construction of a 3,150 square foot addition.
V. PAYMENT OF CLAIMS
VI. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 44-89 Relating to Lawful Gambling
Page 3277
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Presentation la Southwest Cable Commission
Page 3287
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. APPOINTMENTS
X. REPORTS OF OFFICERS BOARDS & COMMISSIONS
A. Reports of Councilmembers
B. Report of City Manager
1. Award Bid for Fire Engines
Page 3311
C. Report of City Attorney
D. Report of Director of Planning
Page 3267
Page 3276
City Council Agenda - 3 - Tues.,November 21, 1989
E. Director of Parks, Recreation & Natural Resources
1. Larkspur Lane Trail Connection
2. Review Proposed Land Trade at Purgatory Creek Recreation Area Entry
F. Report of Director of Public Works
G. Report of Finance Director
XI. NEW BUSINESS
XII. ADJOURNMENT
Page 3312
Page 3323
EDEN PRAIRIE CITY COUNCIL
UNAPPROVED MINUTES
CITY COUNCIL STAFF:
7:30 PM CITY HALL COUNCIL CHAMBERS
7600 Exeutive. Drive
Mayor Gary Peterson, Riord Anderson,
Jean Harris, Patrici and
Douglas Tenpas
City Manager Carl J. Jullie, Assistant
to the City Manage: Claig Dowser:,
Assistant City Attorney Ric Rosow,
Director of Planning Chris Enyer,
Director of Parks, Recreation &
Natural Resources Robert Lambert,
Director of Public Works Eugene A.
Dietz, and Recording Secretary Deb
Edlund
TUERDAY, JULY 11, 1989
COUNCIL MEMBERS:
PLEDGE OF ALLEGIANCE
ROLL CALL: All membrs present.
I. AFPROVAL Of ACENDA_Atia_PTBEF ITEMS OF BUSINESS
Anderson moved, seconded by Pidcock to approve the Agenda as
published and amended.
A DDITNNZJ
Add Item X.A.3, Set Date for Joint School Board and City
Council meeting. Add Item X.A.4, Lawn Irrigation Systems.
Add Item X.A.5, Ciatti's.
DELETE:
Delete Item III .H from the Consent Calendar.
Motion carried unanimously.
TI. MUIPT.F.F.
III. C.ONSEMT_CALENDAR.
A. Clerk's License List
B. Neigjlborhood Outreach Program
C. SchocUL, Out fuarqp.
D. COUNTRY GLEN by Coffman Development. 2nd Reading of
.2 I
City Council Minute
July 11, 1919
Ordinance Ne, 19-89, Zonig Siotict Chie,go flem Rural to
R1-13.5 on 9.3 acres; Approval of Develeper' Agreement
for Country Glen; and Adoption of Resolution Ne. 89-158,
Authorizing Summary of Ordinance No. 13-89 end Ordering
Publication of Said Summary. 9.3 acres into :single family
lots, 1 outlot, and road tight-of-way. Loeation: South
of Townline Road, west of Claycrosa Way. (ordinance No.
13-89 - Rezoning; Resolution No. 39-158 - Authorizing
Summary and Publication)
E. 191II .CR,I177R_AT_S7ITI_1UT by Steven Hoyt Company. 2nd
Reading of Ordinance No. 16-39-PUD-5-39, Planned Unit
Development District Review Amendment on 87 acres and
Zoniog District Amendment within the I-S. Zoning District;
Approval of Supplement to Developer's Agreement for Tech
Center at City West; Adoption of Resolutien No. 99-157
Authorizing Summary of Ordinance No. 16-89-PUD-5-89 and
Ordering Publication of Said Summary; .-,110 Adopt ii: -t]
Resolution No. 89-156, Site Plan Approval for Tech Center
at City West. 12.46 acres for construction of 169,368
square feet of office/warehouse uses. Location: West of
City West Parkway, north and east of Shady Oak Road.
(Ordinanee No. 16-89-PUD-5-89 - PUD Amendment and Zoning
DI,Jr11:t Amendment within 1-2 District; Resolution No. 82-
157, Authorizing Summary and Publication; Resolution 899-
156 - Site Plan)
F. Final Plat Al!proval for Chase Point llocated south of
Crosstown Hilhw.ly_and west of Shad/ Oak Road) Resolution
No. 39-152
G. Final Plat Approval for Country Glen (.1pcate1 south of
West 62nd Street and east. of Duck Lake Rok;1) Resolution
No. 89-154
H. Approve Special Assessmont Aureemept for Fountain_Place
Apartments (REMQVED. FROM THE CONSENT CALENDAR)
I. Aap_rove S.pycial Assessment Agteement for Hidden Olen 3r .d
Addit, Ion
J. Approve Plans for Widening (,1 C.S.A.H. 4 between Terrty
Pine Drive and Tipber Toke Drive Lextermion_of work
aropped with_TN 5 im,arovementl Resolution No. 89-155
K. Resolution No. 89-142A pithorizing . the Refunding of
$5,,56Q,J1Biljn Housing Revenue Bonds for the Fdenvale
apartment'a PrelL:2;ft
L. Receive Bid:, and Award Contract fut Cedar P.i..t_Storm
Sewer, I.C. 52 156 (Resolution No. 39-145)
M. Receive Plil aid Award Contract for C,S.A.H iUio1Jfl
Stork..C..PW..tr..JPETOYP.T.ent. (Resolution No. 39-148)
`,)
City Council MineteL. Thly 11, 1919
MOTIcNi
Harris MOVQ(1, '.,Q.0011(3ed by Pid(edek to ,11(1 .(roVQ Items A
through M on the Consent Calendar with tLe emoval of Item
H.
Harris commented that she was pleased to eee Item 11'1 ..3
and asked if the City had no obligation heyend the period
of funding. Lambert replied this was correct.
Motion carried unanimously.
IV. PUDLIC HEARINGS
A. EDEN PRAIRIE CENTER for United Artist Theaters. Request
fw: a second free-standing pylon to advertise the United
Artist Movies. The sign is proposed at 249 square feet,
22 feet in height, 2'1" wide between faces, and to be
located at the Eden Prairie Shopping Center's northeast
entrance off Prairie Center Drive. Location: 1076 Eden
Prairie Center. (Resolution No. 89-140 - PUD Concept
Alt.11.1ment to Overall Eden Prairie Center Planned Unit
Development) Continued from June 20, 1939
Larry Jensen, representing the Eden Prairie Center, stated
that the request was for a second free-standing pylon sign
to be added to identify the new theaters located at the
eastern entrance to the Eden Prairie Center. Jensen noted
that the Planning Commission had recommended that the size
of the second pylon sign he reduced. Jensen believed that
the sign was in proportion at the 249 square feet as
proposed. Jensen added that a lot of time had gone into
the design of the sign and because of the size of the Eden
Prairie Center he considered it to be unique to other
developments and would not be a precedent-setting issue.
Jensen stated that the proponent would accept the 187
square-foot sign in lieu of being granted no sign at all,
but would like to maintain the 249 square foot sign if
possible.
Peterson believed that the Planning Commission had
recommended 160 square feet. Jensen replied that the
Planning Commission had recommended a 25% reduction, hut
did not consider the design and lettering proportions.
Jensen added that the Eden Prairie Center had very high
standards for image and ,4uality; with the size proposed by
the Planning Commission, the sign lettering would only be
10 inches high and would not he readable from a distance.
Anderson believed that the proponent should he more
creative. Jensen replied that money was not the issue;
the p:epeeent did not like matrix signs and thie aleo was
not the image the Eden Prairie Center wanted te project.
Jensen added that this design was professional. He said
Conic:11 0t
that the prof,onent dLl not w. r.1 -Lich eut, only to inform the public.
Tenpao nAk-!.,3 if the original .31 ,jtt was still to he reduced in size. .7cn,en replied yes.
Harris believed that two signs of the same size made
sense.
Enger stated that the Council should take into
monsidelation that the project now had more than one road
frontage and with the extension of Prairie Center Drive I
t
was reasonable to have identification on both road
frontages. The Eden Prairie Center had e€-n given specia
l
treatment in the past because of the size of the property
.
Enger believed that the size of the property would still
place the Center in its own category and, therefore, would
not a precedent-setting Issue. Enger stated that an
identification problem did exist for the new theaters
which were located at the opposite end of the Center from
the existing theaters.
Peterson asked Jensen if he believed that the
advertiement of the amusement portion of the Center had
a
benefit to the overall Center. Jensen replied that the
entertainment portion of the Center was driving the
Center'., tines. Jensen 19 Lint the Eden Prairie
Center would never he like the newly proposed mega-mall,
but he hoped that it could become a large community cent
e
r
where the customers wanted to come to be entertained and
to slop. The existing theaters would be improved, a Kid's
Club was being investigated as a possibility, in Novembe
r
the Center planned to launch an entertainment guide, and
the Center was also trying to expand and improve the
services available at the Eden Prairie Center. Jensen
believed that customer service was the only area where the Eden Prairie Center could compete with other centers.
He added that the whole focus would he on entertainment and
customer service.
Cary Quick, representing United Artists, stated that eve
r
y
center had mnvic theaters today.
Peterson questioned if it were necessary to identify ever
y
movie being played.
Tenpas believed that because the traffic patterns had
changed in the area and due to the location of the
'heaters at opposite end' i of the facility, the request for
the addition tign was 7c ,g1cal. He added that he was
pleased to see that the original sign was being reduced
i
n
size.
Quick 1,elieved that the deE.ign and sign size were
'3 ,( I
City Council Minute
;uly 11 , 1939
appropt ite
Peterson stated that he was i.iipres:.,ed with the
improvements being done at the Center and after hearing
Jensen 's comments believed that the sign was a viable
request.
Harris stated that she wanted te see the Tall successful
and believed that since the addition the theaters that
traffic had increased. Harris added that because the
theaters arc at opposite ends of the facility they are
difficult to find. The theaters provided entertainment
for all J.Pjel -5. Harris he that becaese the sign would
be off the road the 249 square-foot size would be
appropriate.
Tenpas stated that he could see the benefits of having the
second sign.
Pidcock asked Staff to state its position. Enger replied
that the signage package was approved as part of the
original DUD. The intent of the signage package was that
the Center, restaurants, and major department stores at
the major entrances were identified. Enger noted that
this was a zoning issue and would require (our votes.
There were no folither comments; from the audience.
MOTION:
Harris moved, seconded by Tenpa:-.3 to close the Public
Hearing and adopt Resolution No. 39-140 for DUD Concept
Amendment per conditions specified by the City Council for
two signs to be 249 square feet in size.
Ander5on stated that shopping centers today were trying to
create a different image and he had been convinced that
the sign would support the endeavor to make the entire
Center a success. Peterson concurred.
Motion carried unanimously.
B. BERCIN AUTO by James J. Bergin. Request for Site Plan
Review within the 1-2 Zoning District on 2 acres for
construction of a 7,5n0 square foot. addition to an
LQcation: North wes t corner of Martin
Drive and Corporate Way (Recolution N. 89-119)
Ji 11 repo [Led that notice of this public hearing had
been sent to owners ef 22 surrounding pr ,:pertie
published in the June 21, 1989 issue of the Eden Prairie
News.
Jam-m perjiii, stated that the request Wd:; for Site Plan
(71t/ ronncil Minntes
6 7 ly 11, 1989
Review of a 6,000 Liquare-foot: dOdition the exiting Lao ility. The rooftop units would he screened as
reQucsted.
EN ,y ,7:r reported that this item had been r,:viewed dt the May 11 i:ind June 12, 1989 Plannimai CUflhitiO3 ic roLiugo and it
recommended approval of the projei.t ananimellAy based on
the recommendations outlined in the :Thaff P.,1;orti dated May 19, 1989.
Peterson asked if the choice of a fence versus landscaping
was up to the proponent. Bergin replied that the
rihrubhery would be increased and a chainlink fence
I nstalled.
Pidcock asked if the addition would be 7,00 square feet
or 6,0011 :iquare feet. Bergin replied the project had been
reduced Le a 6,000 square-foot addition.
Anderson asked if the purpose of the chalnlink fence was
to hide the cars. Enger replied that the purpose of
additional landccaping due to the maintenance Quality of
the chaluTink fence and the translucent nature of this
type of fence. Enger added that the project had
originly been approved for a cedar fence, the proponent
had requested a chainlink fence for maintenance reasons .
and, therefore, Staff requested additional landscaping.
The screning would not hide the cars 100%. Anderson then
asked how long the landscaping was insured. Enger replied
that the proponent was requested to provide surety bonds
for one year after the installation. Anderson believed
that a sprinkling system should be considered on the berm.
Tenpas stated that the facility had always appeared neat
and clean, but could see the benefit of the proponent
considering a sprinkling system.
Bergin stated that a sprinkling system was provided for
the existing landscaping.
Anderson requested that the proponent provide Staff with
information regarding a sprinkler system on the berm prior
to 2nd Reading.
Pidcock asked if the parking was adequate. Enger replied
that 54 spaces would be adequate. Bergin believed that
the 28 parking spaces in the front of the building were
more than adeluate.
There were no further comments from audience.
Council Minutes 7 July 11, 1989
NOT] (IN
Anderson moved, seconded by Harris to clue the Public
Hearing and adopt Resolution No. 99-311 for Site Plan
Review Approval with the additional recommendation that a
sprinkling system he installed unless a :;ignificant
hardship could be proven by 2nd leading. Notion carried
unanimously.
BUFF_ROIT SANITARY SEWER, WATERMATN., STR,TET
IMPROVEMENT0I.C. 57-144 (Resolution No. 09-144)
Jullie reported that notice of this public hearing had
been sent to owners of affected properties and published
in the June 28 and July 5, 1989 issues of the Eden Prairie
News.
Dietz reported that the proposed realignment was necessary
to Improve the sight distance. The center line would he
shifted 25 feet. Hennepin County had requested bypass
lanes. An extensive storm water drainage system was
lac:laded with the project along with sanitary sewer and
water. Five parcels were adjacent to the project. The
estimated cost was 8034,800. The 32-foot section of
roadway would be assessed to the Bluffs Addition due to
the benefit received. Five homesteaded properties and the
remainder of the property were owned by the developer.
The maximum 815,000 assessment would be applied to the
homesteaded parcels. The street assessment was proposed
on a front-footage basis. Bids were scheduled to open in
August and would be part of the Special Assessment Hearing
in Fall 1990, with collections to begin in 1991.
Dietz reported that Mrs. Diestler had sent a letter from
her attorney to Staff which stated a concern about the
trees to be lost in the road right-of-way. A portion of
land would be deeded back to Diestler property, which was
a portion of an outlet - for Bluffs East Addition.
Tenpas requested that a copy of the letter be included in
the next week's information packet.
Peterson asked what benefit would he seen by residents on
Duck Pass and Trotters Path. Dietz replied that utilities
were in the cul-de-sac and additional assessments would be
made in the future for improvements.
Farl Howden, 9731 Bluff Road, stated that he was the owner
of the 0th parcel and was concerned about the road
i ,repoL.ed directly AC:F.; from his driveway. Ni- noted !!1.1(1
LIOP1-,; were located on tie south side of the road and
wanted to see the' trees :aved. Howden asked if there
would be payment for the land to be taken to widen the
roadway. Dietz asked Gray if the plat had been approved.
2 r.!
(7ity ConnL .:1 M:nutes 8 July 11, 1989
Cray replied that this was po,: ,f i i i ,vpr,ored p:tn f,r the
Bluffs East a:.ea establihed the public heiring process. The developer would io with prcliminary plans and could change in the future. Dietz stated that the
lot tiny pattern would have h-en etahliThed.
Peterson soyyerAed that Howdei,
I is yoncern.:, further with Staff.
Dietz stated that the City would try to :ave as many trees
or possible. Cray added that Fir Find yrading plan had
not been completed and that miner grade changef.) would
ocrur. Retaining walls would be t.) help save the trees. Dietz noted that 23 feet of land from the gravel
roadway was owned by the City and that additional property
to tier north would not be needed. Howden aL:ked Lutalk
further with Staff regarding the setback.
Anderuon asked if the City was going to be r,:moviny trees
and, if so, IC Council should look at the potential tree
loss. Diet.', replied that the City was subject to the Tree
7nplacemnt Policy, hut at this time exact d:?tail:th Wet ,' not avallahle. Dietz added that Staff would have more
detail available for the July IS, 1931 C:ty Conrxil
meetiny.
MOTTON:
Pidcock moved, :recunded by 11.-irrir. t, the Plhlic Hearing and adopt Reolution No. 89-111 Ordering
Tmprovement the Preparation of Plan and Spec;fic,ition for I.C. 32•44 to include the City Council requirement that a tree inventory be available before any grading
takes place. Motion carried unanimously.
D. C.S.A.H. R1 3Y-PACILTURN LANE TMPROVEENTS T.C. 5717 .15F:! (Resolution Ni. 81-146)
Collie reported that notice of this public hearing had
been sent to owners of affected properties and publiJhod
in the June 28 and July 5, 1989 issues of the Eden Prairie
News.
Gray reported that this project was to provide bypass
lanes and turn lane:-; for County Road 1 for the access road
to Cedar Lake Elementary. The Eden Prairie School
District had requested that the City consider this
an improvement proj-ct. The eA.:imated cost to be S87,260.
Bids have been taken. Three properties would receive
honefit from the ,:.,r•ct and last years benefit had been
assessed to the School District with the balance of the
al-,net;sment to be on a Cront-fontaye basis.
Poter::.on a5ked if turn lanes would be required for the
City C ,,uncil Minates 1 July 11, 1989
development to the north. Gray rcplied that If there were
a significant number of houses the County would require
turn lanes.
Anderson asked how much benefit there would be to the
Rogers property at this time. Cray replied that utilities
were not available.
Harris asked if the Rogers asse:;:.;ment woo to deferred.
Cray replied that the Rogers property was considered under
the "green acres" rules.
Pidcock stated that she was also concerned about the
assessment for the Rogers property. Dietz replied that
the green acres status would covet deferments and this
would he presented at the time of the Special Assessment
Hearing.
There were no further comments from the audience.
MOTION:
Anderson moved, seconded by Pidcock to close the Public
Hearing and adopt Resolution No. R9-146 Ordering
Improvements and Preparation of Plans and Specification
for T.C. 57-155. Motion carried unanimously.
E. VACATION OF DRAINAGE AND UTILITY FAsEmFuTs YjTHTN_A
PORTION OP HiTnEm GLEN 3RD ADIITION (Resolution No. 89-
143
Jul lie reported that notice of this public hearing had
been sent to owners of affected property owners and
publishcl in the June 23, 1919 issue of the Eden Prairie
News.
Harris asked if part of the agreement would require the
relocation of the utility equipment. Dietz replied that
the utility companies would charge the developer for the
relocation of the equipment. Dietz added that the
developer was aware of these costs.
There were no further comments from the audience.
MOTION:
Harris moved, seconded by Pidcock to close the Public
Hearing and adopt Resolution No. 89-149 to vacate the
Drainage and Utility Easement subject to the dev e loper
paying for coots to relocate egi:ipment owned by nLiii;T y
companies. Motion carried unanimously.
F. Y.2?GATI.ON__7 .A_DEATNAGE_LND TrTITJTY EASEMENT OVER PART OF
1, ERAIRTE EAST THIRD AanITIoN (Resolution
y Mi Hutt ., July 11, 1139
No. n9-v-,(1)
lull iu reported that rm,tice -f tnl:J publi• hearing had
been ,-,ent to owners or affect -ed proper ti and published
In the June 23, 1189 issue of the Eden Prairie News.
Harri:.: asked if the property owner had agreed to the
vacation of the easements. 3lets replied that a footing
would be placed lower than the .;•:isting watermain and that
an •gr ,acment would he signed to lug '1.-kt the City would
not wash out the foundation.
There were NO further comments from the aulienco.
NOTJPN:
Harris moved, seconded by Pidcock tu close the Public
Hearing and adopt Resulution NL. 89-151 to Vacate the
Drainage and Utility Easement. Motion carried
unanimously.
7.A.CATIN OF DRAINACE_I,ND UTILITY FAT.EMENT3 nvER PARTS (.71.
LOTS (I & I,. BLOCK 1, BLUFFS WEST SECOND ADDITION
(Resolution No. 89-151)
Jullie rel)orte,l that notice of this public hearing had
been coot to owner::: of affected properties and published
in the June 28, 1989 Issue of the Eden Prairie News.
There were no comments from the audience.
MOTION:
Anderson moved, seconded by Harris to close the Public
Hearing and adopt Resolution No. 89-151 to approve the
Vaoation of the Drainage and Utility Easements. Motion
carried unanimously.
V. PAYMENT OF CLAIMS
MOTION:
Ph inert moved, seconded by Harris to recommend approval of
Payment of Claims No. 51317 to No. 52177. ROLL CALL VOTE:
Anderson, Harris, Pidcock, Tenpas, and Peterson all voting
"AYE'.
.ODDINInNOES & RESOLUTIONS
• of 21.1c1
Cify Council Miuutu
11 July 11, 1989
MCT7nN :
H.irri:; moved, seconded by Pldcocl to approve lot
R
e
a
d
i
n
g
of Ordinance No. 22-39 with ti", w,irdii,,j in Item K to be corrected AS follows: unattached boat trailers.
Anderson asked if the ordinance included all p
a
r
k
s
.
Lambert replied yes. Anderson then asked if a
b
o
a
t
w
a
s
considered a vehicle and if a beached ho.lt wou
l
d
b
e
included. Rosow replied that he did not believe the
ordinance included any reference to beached boats.
Rosow noted that Item K should refer to unattached bo
a
t
trailers, not unattended.
Motion carried unanimously.
B. Reo_l_ution 8911i7.. Receiving Bids and Awarding Contract ay:Pa5s1Turn _Lane Improvement&L,C, 57-
;55
Pidcock moved, seconded by Harris to adopt Resolution No.
89-147 accepting the Bid and Awarding the Contract for
I.C. 57-155 to Midwest Asphalt, Inc. in the amo
u
n
t
o
f
552,154.30. Motion carried unanimously.
VII. PETITION% RE(.1URSTS & MEBIJNTCATIONI.
VIII. REPORTS OF ADVISORy COMMUSIONS
TX. APPOINTMENTS.
X. REPORTS OF OFFTCERS 4 BOARDS & COMMISSIQNS
A. Re.urt of Coupcia_Meffibers
1. Set date_for Special City Council to review MCA Traffic
131..iNt (August 15, 1989 at 6:00 PM)
Peterson believed that the Council should meet
with Staff prior to the August 15, 1789 meeting. Peterso
n
w
a
s
concerned about not knowing at this lime what would be in the Staff Report.
Harris concurred that the Council needed time t
o
r
e
v
i
e
w
the information prior to the open meeting.
t.1.27:CJJ:
Pidcoek moved, seconded by Harris to set a Spe
c
i
a
l
C
i
t
y
Mc•etiug for AUTKA 1989 at 6:00 PM to review the MCA Traffic Report. Motion carried unanimously.
City caunci1 Minutes 12 July ll, 1139
2. `le t date f or_Szecb a 1 cue ric Mee t mg_ f Publ c Hear is ef 1939 sments (7,eptemher 12, 1939 at 7.30 PM)
MOTION:
Pidcock moved, seconded by Harris to set September 12,
1989 at 7:30 PM for the Special Assessment Pmb
l
i
c
Hearings. Motion carried unanimously.
• Set_Pate MeetiD.J_With_thlhP91_
Peterson requested that a discussion take place regarding
City capital projects which may need a referendu
m
,
including a new City Hall. Peterson added that
t
h
i
s
w
a
s
an issue that the community was aware of. Peter
s
o
n
recommended that the discussion include possib
l
e
s
i
t
e
s
f
o
r
a now City Fall.
Tenvos Lelieved that it was prudent that the iss
u
e
a
t
least he discussed.
MOTION;
Pidcock moved, seconded by Tenpas to set August
8
,
1
9
6
9
Ion a i,Int meeting win the Eden Prairie School District.
Motion carried unanimously.
4. Lawn Irrivation SIsttla
Tcripas asked if an ordinance had been drafted r
e
g
a
r
d
i
n
g
the requirement of sprinkler systenns; for commercial
properties. Tenpas stated that it seemed that
t
h
e
C
i
t
y
was only strongly suggesting the use of sprinkl
e
r
s
y
s
t
e
m
s
.
He suggested that the issue be studied by the Developers Forum.
5. CistLis
Peterson thanked Dawson on the letter regardin
g
t
h
e
t
r
a
s
h
problem at Ciatti's.
Jullie staled that more letters had been sent a
n
d
S
t
a
f
f
had talked with management.
Tenpas asked if the City required the area to he
s
c
r
e
e
n
e
d
.
Jul lie replied that even the screening could no
t
completely block the view.
B. Report of Cit_y_Ma.nage .r
1. pj ç kspsnM.1 nj i n E d en Pra1.111.t
Captain Clark reported that the Police Department
:
Was
City ''aue 1 Minutes
13 July 11, 1989
studying the lon-term plan for filearm restrictions in
Eden Prairie and that the City Attorney's office was
drafting revisions for a preliminary draft of a new
ordinance. Discussion had taken place with both the DNR
and the US Fish and Wildlife Service. The US Fish and
Wildlife C:ervice jioup would like the ability ti have
special Innits in the area. Clark etated that from a
safety standpoint the City might wish to consider only
allowing hunting in the US Fish and Wildlife preserve
area. The main concern of the Police Department was that
of people hunting in Eden Prairie who were not residents
and who were not familiar with boundaries. The Police
Department had not received a lot of complaints at this
time regarding hunting. The requirement to have 40 acres
of land for hunting areas would limit the number of areas
left for hunting. MAC had asked that special permits be
allowed to hunt the geese at Flying Cloud Airport. Clark
stated that the Police Department had received requests
for archery ranges. Clark added that bows and arrows were
considered dangerous weapons.
Tenpas asked if an individual would be able to hunt on his
own property. Clark replied that if the ordinance were
drafted as written, re s idents would nit, be able to hunt on
private property next year.
Peterson asked if provisions had been made in the draft of
the ordinance for the MAC request for goose hunting at the
airport. Clark replied that specific language should be
added and specific boundaries set.
Anderson believed that hunting should he limited to the
river bottoms. Clark replied that restrictions did limit
the distance allowed for hunting from roadways and
buildings. Anderson believed that hunting should end at
the river bend and washout area. Clark concurred.
MOTION:
Anderson moved, seconded by Harris to follow through with
the Staff recommendations for the drafting of an ordinance. Motion carried unanimously.
2._Process for Considerina Ordinance to Change the tlaypral
T or in
Councilmembers reviewed a Staff memorandum and agreed with
the recommendations for consideration of an ordinance to
change the mayoral term to four years.
MOTION:
Harrie moved, econded by Anderson to direct. Staff to prepare an ordinance for first reading at the August 1,
City C.“ul Miuutor July 11, 1333
1119 meeting. Motion 12 asse1 1-0 1. ^ator on abstained.
C. Repaid of City_ALLci.n_e.y.
D. Rep.ort of Direct.ps of Planning
E. Director of Parks„ Recreation Natural ReOUrCe.*.
1. Snowmobile Trails in Neil Prairie
Lambert reported that Environmental j,rvices Manager Stu
Fox and the Police Department had provided input into the
recommendations. Significant changes had been made based
on discussions from the previous City Council meeting. No
snowmobiling would be allowed in any area of the City
except on designated trails and on private property with
the permission of the property owner. The same limits
would apply to 3-wheel vehicles. Snowmobiling would net
be allowed on lakes in designated areas.
Bill Kinney, 17651 West 78th Street, stated that he was a
member of the local snowmobile club which consisted of 50
members. This organization had existed for over 15 years.
The snowmobile trails had dwindled over the years. The
snowmobile club had cooperated with the Police Department
to help enforce the rules. Kinney outlined a possible
alternate trail system proposal to be added to Staff's
recommendation. Kinney added that the problems in the
past hal beon relata -2d to snewmobiling on the roads and in
Staring Lake Park.
Peterson asked Lambett if the Parks, Recreation & Natural
Resources Department had revirwed the alternate trail
proposed by the snowmobile club. Lambert replied that
Staff was concerned about whether a trail could go through
a subdivision.
Andersen slated that the area west of County Road 4 had a
lot of construction currently. Anderson preferred that a
trail be as far away from the school as possible.
Earl Strickman, 7308 School Road, recommended the trail 90
straight west to Riley Creek.
Peterson asked Anderson if he was recommending that the
western portion of the trail not be allowed. Anderson
replied that he would prefer that the trail go through Red
Koch Lake to County Ro.Acl 1. Anderon believed that It was
imoortant to have access to the Minnesota River Trail and
::117.inae the other trail.
Peterson believed that the snowmobile club's , propoiial would be acceptable if the trail rights could be
negotiated.
•;0c..11
t;i
City Ccalncil ii ut 11 July 11, 1939
:7trickman stated th,t the .yc,ewmobile cIllh had tal%ed with
the landowner last fall and that LhIJ Lt ..til would provide connection to the Chanhasen trail sytem.
Anderson asked how close the trail would (.ople to the
school. Striekman replied that the trail would cross the
ikirry Ro ,jers property and go behind the Old City Hall
StriLkman added that the trail would be
approximately 1/4-mile from the current construction
area.
MOT ION :
Harris moved, seconded by Pid ,,:oc.k to direct huff to draft
an ordinance regulating snowmohiling in Eden Prairie as
recommended in the Staff memorandum.
Peterson asked Lambert to clarify the statement
Pacie 3, recommendation #1, which stated that no snowmobiling would
he allowed anywhere in Eden Prairie on private property. Lambert replied that this would mean no snowmobiling to
the north and east of the lines as defined.
Anderson asked if the motion included ATVs and
motorcycles. Anderson stated that he was opposed to the
use of motorcycles and 3-wheelers on the snowmobile
trails. These types of vehicles were hard on the
environment. Lambert replied that he did not believe it
was possible legally to ban ATVs and motorcycles.
Tenpas believed that this motion should he restricted to
snowmobiles and that the issues related to motorcycles and
ATV's be addressed separately.
Joe Hansey, 305 Adams, Edina, Vice-President of the Eden
Prairie snowmobile club, stated that there was no
snowmobiling allowed in Edina except on one's own property
between RAM and 8PM without permiss .,ion or 10PM with the permir.sion of the nei ,jhborL;. Znywmobillog was not harmed,
just controlled.
Peterson stated the Eden Prairie had an enforcement
problem; however, this was not the issue being addressed
at this time.
Anderson stated that he was concerned about the
motorcycles and ATVs on the lakes in the winter.
Peterson questioned why all lakes were not restricted and
oily desiynated one:, ws ,ie 1.etLict,d. Peterson believed that the motion should include the restriction of all
lake:71.
Lambert ..7tated that it would he difficult to allow
snewmobiles and not ATVs and m,A,,rrycles.
City Council Minutes 16 ,July 11, 1989
AMENDMENT TO THE PREVIOUS MOTION:
Harris moved, secnnded by Pidcock to dii.:!ut Staff to
prepare an ordinance related to the use ef snowmobiles
only on designated trails within the Clty. Motion carried unanimously.
Pnterson L;tated that he would like to diect. the issue of
ATVs and motorcycles back to Staff for further
consideration.
Tenpas asked what ordinance if any restricted thu use of
mopeds. Captain Clark replied that mopeds could legally
be driven in the roadway and that a license could be
obtained by those under 16 years old. Tenpas added that
he was concerned about their use. Clark added that mopeds
can be used anywhere except the freeways.
P. Rekort of Director of Public Work:3
G. Report of Finance Director
XI. UEW BU0IMR4S
XII. gIJOURNMENT
The meeting wan adjourned to a closed session to discuss Iltigation concerning the Flying Cloud Sanitary Landfill
expansion proposal at 10:30 PM.
MINUTES
SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING
THURSDAY, NOVEMBER 2, 1989 CITY HALL COUNCIL CHAMBERS, 3:00 PM
7600 Executive Drive
COUNCILMEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
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 Gene Dietz,
Police Chief Keith Wall, Police Captain
Jim Clark, Fire Chief Ron Johnson,
Assistant City Attorney Judith Dutcher
ROLL CALL: All members present. Anderson arrived at 3:12 PM.
I. DISCUSSION ITEMS
A. Budget Presentations
Harris commented that she would prefer to have department heads
present during the Council's budget deliberations. She believed
that it would be easier for them to provide substantive details
than the City Manager. Having department heads present would also
allow them to participate in a larger team process and to under-
stand the policy directions of the Council.
She noted a difficulty for the Council to review the budget
against priorities established by the Council. Due to the lateness
of the year for considering the budget, she asked the Council to
identify goals which could be carried into 1990.
Harris mentioned that it also would be difficult to evaluate the
performance of the City Manager against goals established by the
Counci7 because his evaluation occurred relatively late in the
year.
Tenpas indicated that he had many questions on the budget, due
in part to a lack of historical knowledge about the City's
programs and practices. He related that he planned to meet with
the staff and the City's audit firm during the budget process.
Anderson arrived.
2. Lawful Gambling
Harris requested that the City of Burnsville ordinance relating
to lawful gambling be included with the background information
for the Council's November 7, 1989 meeting.
-2-
3. Parking Around Pax Christi Church
Pidcock thanked Councilmembers for making time in their schedules
to attend this special meeting. She said she called the Council
together to prevent and solve problems, and to avoid creating
them. She reviewed the situation of parking prohibitions on and
around the Pax Christi Catholic Community Church. Pidcock
expressed concerns about poor public relations caused by the City
issuing parking tickets. She believed that the police had several
options to pursue besides issuing tickets - e.g., directing traffic
or issuing warnings. She said she was not advocating that the law
be broken.
Pidcock proposed a one-month moratorium on issuing tickets at
Pax Christi so that the Police and/or Engineering staffs and the
Church could resolve the problem. She recommended that a
Councilmember be present during the meetings. She requested that
this group present recommendations on what should be done which
were in the best interests of the City and took into consideration
the interests of the church.
Tenpas said his concern with this matter was the resolution process
which was followed. He would have preferred that staff have met
with the church prior to the second round of issuing tickets. He
wanted similar incidents to be handled more quickly in the future.
Pidcock noted cases in other cities where parking was allowed
around churches on streets which were 30 to 32 feet wide (Homeward
Hills Road was 32 feet wide).
Dutcher discussed issues of potential liability if a moratorium
were put into effect. The City had already determined that there
were safety issues existing. To remove enforcement could be
construed as negligence.
Peterson believed that signs currently in place should not be
removed.
Pidcock said the City should not harass the church nor interfere
with the parishioners' desire to attend church.
Wall explained that the City has relied on churches to communicate
with their members about the need to comply with parking
regulations. He related the need to keep fire lanes and handicap
parking spaces open. For the City to provide traffic direction at
this church and all others would be difficult, if not impractical.
Harris said she could not support a moratorium at this time. She
believed the safety issues were very important.
Peterson was pleased to see the constructive suggestions proposed
by staff and discussed with the Pax Christi Church administration.
He believed the church should take responsibility in solving its
parking problems. The church should know that City staff is
available as a resource, but that it should not look to staff to
solve this issue.
- 3 -
Anderson complimented the staff for the traffic planning work done
during the development of Pax Christi and the enforcement of the
traffic regulations which had been instituted. He expressed
concern about the time needed to be set aside and taken for a
special meeting on this issue. He stated he could not support a
moratorium on issuing tickets. He was upset that residents had
called him about the possibility of invalidating parking tickets
issued near other congested facilities in the City. To establish
a moratorium or to invalidate tickets could set an undesirable
precedent.
Peterson believed that the primary responsibility to correct
parking problems rested with businesses and institutions, not with
City staff.
Clark believed that the City had an excellent track record and
working relationship with Pax Christi. He related several
instances over the past two to three years where staff had worked
with the church administration to address traffic and parking
issues.
Tenpas said that the reason for this meeting resulted from a lack
of information. He requested early communication from the City
Manager about similar situations of a higher-than-normal issuance
of citations.
Johnson said that the Fire staff was concerned about safe access
along Homeward Hills Road. For the safety of fire truck operators
and motorists, he believed that "No Parking" signs should be
placed on both sides of Homeward Hills Road from Sunnybrook Road to
Pioneer Trail. Johnson stated that the fire lanes at Pax Christi
were adequate, but they only meet the minimum width standard.
II. ADJOURNMENT
Harris moved, and Anderson seconded, that the meeting be adjourned at
3:50 PM. Motion passed 5 - O.
7oTN PRAIRTF CITY COUNCIL
UNAPPROVED MINUTES
TUESDAY, NOVEMBER 7, 1989
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
8:00 PM CITY PALL COUNCIL CHAMBERS
7 (.00 Executive Drive
Mayor Gary Peterson, Richard Anderson,
Jean Harris, Patric.. Fidcock, and
Douglas Tenpas
City Manger Carl J. 1.i1jo, Aaitant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Director of
Planning Chris Enget, Director of
Parks, Recreation S Natural Resources
Robert Lambert, Director of Public
Works Eugene A. Dietz, Finance
Director John Franc and Recording
Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL: All Members Present
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION:
HarrIn moved, seconded by Pidcock to approve the Agenda as
published and amended.
ADDITIONS:
Add item X.A.1,Developers Forum. Add Item X.A.2, Tree
Replacement Policy. Add Item X.A.3, Compliment Received for
the Planning Staff. Add Item X.B.2, Boyce Property Proposal.
Motion carried unanimously.
II. MITITE$.
A. S_Decial city Council meeting held Tuesday., November 21
MOTION .:
Pidcock moved, seconded Harris to approve the Minutes of
the Special City Council meeting held Tuesday, November
21, lOSS as puhlished .-Ind amended.
CORRECTIONS:
The time of the meeting should read: 5:30 PM. Page 7,
Paragraph 5, Sentence 5, should read: Lambert believed
r, r
rity council Minutes 2 November 7, 1999
that the hest way to meet
Motion carried unanimously.
B. Special City Council meeting held Tee•..,ty,
1989
MOTION:
HarriJ moved, seconded by Pidcock to approve the Minutes
of the Special City Council meeting held Tuesday, January
24, 1989 as published. Motion carried unanimously.
C. 31-11 .:i_1 1. 19 3 9
MOTION:
Pidcock moved, seconded by Harris to approve the Minutes
of the Special City Council meeting held Tuesday, July 11,
1989 as published and amended.
cooRErmTnN,.,.
The meeting time should read: 6:00 PM.
Motion carried unanimously.
D. Joint City Council/Flying Cloud Airport Advisor'
Commission meeting_held Tuesday, October 10_, 1?119
MOTIclNi
Pidcock moved, seconded by Harris to approve the Minutes
of the Joint City Council/Flying Cloud Airport Advisory
Commission meeting held Tuesday, October 10, 1989 as
published and amended.
CORRECTIONS:
Page 1, Item A, Item 2, Sentence 2, should read: but
would he reimbursed by MAC on a pro-rated formula with a
common consent. Page 2, Sentence 1, should read: with
the City's expressed concerns. Page 4, Paragraph 2,
Sentence 1, should read: its work on land acquisition.
F. Re.gular CRy Council Meetiqj held TuesLjAy, October 17,
1155
MOTION:
Pidcock moved, seconded by Harris to approve the Minutes
of the (7:',.y council meeting held Tuesday, Oetoher 17, 1989
as published. Motion carried unanimously.
"
City Council Miuie I November 7, 1989
F. Special City Council Meeting h id TuesdAy, cctoher
MoT LON:
Pidcock moved, seconded by Harris to approve the Minutes
of the Special City Council meeting held Tueoday, October
24, 1959 as publi7,hed and aneoded.
CORRECTIONS:
Page 3, Paragraph 1, Sentence 2, should read: nertt-and
said that the regulation of contributions falls under
certain categories. Page 3, Paragraph 9, Sentence 1,
should read: there was no inclination on the part jf any
Councilmember Page 5, 2nd Motion, Paragraph 3,
should read: Harris commented that while the Council
awaited a detailed policy, it could still act on license
applications during this period of time with the
understanding that the policy and future ordinance would
govern conditions placed on licensees. Page 7, Item IV,
Paragraph 2, Sentence 1, should read: Council should
immediately prepare for the .... Sentence 2, of the same
paragraph should read: Harris concurred. Page 7, Item
IV, Paragraph 4, Sentence 3, should read: investigating
land swaps, if any were available,....
Motion carried unanimously.
Special City_Council Meeting held_ThuSSAXi, October 26,
MDIIDN:
Harris moved, seconded by Pidcock to approve the Minutes
of the Special City Council meeting held Thursday, October
26, 1989 as published and amended.
coRR5C7IOS:
Page 1, Motion 1, Paragraph 2, should read: November 16 &
28. Page 7, Item C, Motion, should read: budget meetings
on November 14 .... Page 7, item 8, should read:
November 16 & 23.
Motion carried unanimously.
III. CONSENT CALENDAR
A. Clerk's Llgen..
Final Plat Approval of Starri v ug Highland (Resolution Na
39-215)
7' 1
City Cuwfl Ninut ,.-:, 4 November 7, 1989
Permit to connect to MWCC Fcliit_y_in Fairfield 2nd
(We'..;ulution 39-232)
D. UPluve Sqpploment Ng, 1. to A2reement N. PW 32-49-85 CSAU 3.2 !Re:;o7ution No. 89-231)
E. charlae Order No. 4,dden Clen Tjii r All;tionn7yo ,Tham eft, T.C. 52-3n2 T.C. 57-129
F. Tr.ansfer of CDBG Scattred Situ Housinu Fundc. to Housing Pohabilitation_Rrogrkm.
G. Resolution Declaring the Wfgl of DeceTtir 3 _- 1939 as "Cities Fight Back AsaLpst Drug Week" (Resolution No. 89- 231)
H. HIWAY 49 4./CRIOUTPWN RA_CZJET , SWIMLAND_HEALla1MB by Northwest Racquet, Swim and Health Club, The. 'rid 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 Developers 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 fur 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. 30-89, 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. 39-239, 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. 70-89 - Rezoning;
Resolution No. 89-239 - Authorizing Summary and
Publication)
J. Final Plat Approval of Ce'qwood '89 (Resolution No. 89-
236)
K. BURNFTT_ADDITTON by Tranctar. Approval of Developer's
Agreement for Burnett Addition. 4.57 acres into 9 single
family lots. Location: 1 940 Bennett Place.
L. ql.li.!Aii_CA_AiTraial of PrcTortY
M. TECH 10 by Hoyt Development Company. 2nd Reading of
rity Council Minutes November 7, 1989
C`rdiiflicc No. 39-39, Zoning D'sti.:ct. 7hang,, ftu:n 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. 29-89 and Ordering
Publication of Said Summary; and Aduption of Resolution
No. 89-247, Site Plan Review for Tech 10. 5.6 acres into
one lot, Site Plan Review of 5.6 acres far construction of
a 73,806 square foot office warehouse. Location: 74th
Street and Golden Triangle Drive. (Ordinance No. 39-39 -
Rezoning; Resolution No. 89-240 - Authorizing Summary and
Publication; Resolution No. 09-247 - Site Pim)
N. Final PlatAppLoval of Tech Park 7th (Resolution No. 39-
234)
0. ResolAtion No._19:246 Uthorizina State 0rant-In-Aid
Snowmobile Trails
P. C7tRDINAL_CREEZ 1RD ADDITION by GAC Partners. 2nd Reading
of Ordinance No. 32-89, Zoning District Change from R1-
13.5 to 811-6.5 for Cardinal Creek 3rd Addition; Approval
of Addendum to Developer's Agreement for Cardinal Creek
3rd Addition; and Adoption of Resolution No. 39-242,
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)
MoT i aN :
Pidcock moved, seconded by Anderson to approve the Consent
Calendar as published.
Item F:
Harris asked if this action was a permanent transfer of
funds or if there would be provisions made to pay back the
amount being transferred in the future. Enger replied
that the transfer was permanent. Enger added that the
funds were needed jr; the Housing Rehabilitation Program,
there were sufficient funds left in the CDBG Scattered
Site Housing funds to carry the City through the rest of
1989, and that additional requests for funding for the
CDBG program would he made each year. Harris then asked
Enger if he was comfortable that the funding for this year
and next year for the CDDC program were adequate. linger
replied yes.
1-171'1 _0 :
Anderson asked if the grant funds would be necessary if
the Snowmobile Club could not obtain permits for the
trails being considered. Anderson added that he
City flouncil Minutes 6 November 7, 1989
under3tood that the Snewmohile club wan hoeing difficulty obtaining permission for portions of the p
r
o
p
o
s
e
d
t
r
a
i
l
system. Lambert replied that the 'rail co
u
l
d
b
e
s
h
o
r
t
e
r
than what was originally proposed and appr
o
v
e
d
b
y
t
h
e
C
i
t
y
Council. Anderson stated that he wantud to
h
e
s
u
r
e
t
h
a
t
the grant would be based on the portion of
t
h
e
t
r
a
i
l
t
h
a
t
the Gnowmobile Club actually obtained perm
l
3
5
i
o
n
f
o
r
a
n
d
not based on what the Council had originall
y
a
p
p
r
o
v
e
d
.
Iii J:
Pidcock asked why it was necessary to updat
e
t
h
e
a
p
p
r
a
i
s
a
l
for the Jacques property. Lambert replied
t
h
a
t
t
h
e
Jacques:, family had entered into a purchase
a
g
r
e
e
m
e
n
t
w
i
t
h
a developer after the City's last offer; ho
w
e
v
e
r
,
t
h
e
developer had backed out of the agreement
a
n
d
t
h
e
p
r
o
p
e
r
t
y
was available again. Lambert believed tha
t
i
t
w
a
s
important for the City to make another o
f
f
e
r
.
L
a
m
b
e
r
t
noted that the City's offer would still b
e
l
e
s
s
t
h
a
n
t
h
a
t
offered by thu developer. Pidcock then a
s
k
e
d
i
f
t
h
e
r
e
w
a
s
time left to negotiate before the City's
t
i
m
e
r
a
n
o
u
t
f
o
r
grant funds. Lambert replied that the neg
o
t
i
a
t
i
o
n
s
s
h
o
u
l
d
be done before the end of 1989.
Motion to approve Items A through P on the
C
o
n
s
e
n
t
Calendar carried unanimously.
IV. PUBLIC HEARINGS
A. punic ,77TAPF by Public Storage, Inc. Request for Guide
Plan Change from Low Density Residential t
o
O
f
f
i
c
e
o
n
1
.
0
9
acres and from Low Density Residential to
I
n
d
u
s
t
r
i
a
l
o
n
3.10 acres, Zoning District Change from Ru
r
a
l
t
o
O
f
f
i
c
e
o
n
1.09 acres, and from Rural to Neighborhood
C
o
m
m
e
r
c
i
a
l
o
n
1.09 acres and from Rural to 1-2 on 3.10 a
c
r
e
s
w
i
t
h
variances to be reviewed by the Board of A
p
p
e
a
l
s
,
Preliminary Plat of 5.28 acres into 3 lots
a
n
d
r
o
a
d
r
i
g
h
t
-
of-way, Site Plan Review on 5.28 acres for
c
o
n
s
t
r
u
c
t
i
o
n
o
f
54,137 square feet of office, commercial,
a
n
d
i
n
d
u
s
t
r
i
a
l
land uses. Location: West of County Road
#
1
8
,
s
o
u
t
h
o
f
the Preserve Village Mall (Continued Public
H
e
a
r
i
n
g
f
r
o
m
October 17, 1989)
City Manager Jullie reported that the pro
p
o
n
e
n
t
h
a
d
requested a continuance to the December 1
9
,
1
9
8
9
C
i
t
y
Council meeting.
M07:11P U:
Hari is moved, seconded by Pidcook to cont
i
n
u
e
t
h
i
s
P
u
b
l
i
c
Hearing to the December 19, 1989 City Cou
n
c
i
l
m
e
e
t
i
n
g
.
Motion carried unanimously.
B. N,G.W7GT by !'amstrong, Toreeth, Ghold, an
d
R
y
d
e
Inc.
'.))2,10
City Council Minutes 7 November 7, 1989
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 cent.ruction of 2,000 square foot
building addition. Location: `louthedst corner of Highway
N5 and Fuller Road. (Fesolutien No. 07 -241 - Cite Plan
Review)
Collie reported that notice of this Public Hearing had
been mailed to 12 surrounding property owners and
published in the October 25, 19P9 lec.oe of the Eden
Prairie News.
Clone Borth, representing the proponent, presented the
plans to construct a 2,000 square foot addition to the
existing facility. The exterior material would match that
of the existing structure. The parking provided currently
would be adequate. An island would be added to provide
screening of the parking area. Variances were needed due
to the road shift of Fuller Road for building and parking
lot setbacks. Additional shrubs would be planted to
screen the parking area. Spruce trees would be used to
screen the trash container. The mechanical equipment
would be screened by dogwood trees.
Enyer reported that the Planning Commission reviewed this
item at its October In, 1989 meeting and had recommended
approval of the project unanimously, based on the Staff
recommendations outlined in the Staff Report dated October
6, 1989.
Anderson asked what the rationale had been for approving
dogwood trees to screen the mechanical equipment as they
would not provide year-round screening. Borth replied
that 3 spruce trees were added closer to the road to aid
the screening of the mechanical equipment and added that
the mechanical units were at a lower elevation than the
road. Anderson was concerned that the dogwoods would
leave the mechanical unit: 5 exposed for half the year.
Borth added that the mechanical units were located at a
substantial distance from the roadway and that distance
was considered as a natural buffer.
Peterson stated that because of the elevations and the
distance, he believed that the dogwoods would provide
acceptable screening.
Anderson believed that if the proponent was expending the
money to plant trees it should be done correctly the first
time; he did not believe that it would he that much more
expensive to plant conifers.
There were no further comments from the audience.
C ty Coen ell Miut 3 November 7, 1981
MOTION :
Anderson auved, seconded by Harris to :•1 :e the Ruhlic
Hearing, !e adopt Resolution No. 39-241 approving the Site
Plan, ond to diiect Staff to prepare a Development
Agreemeld incorporating Commission and Staff
recemmendations. Motion carried unanimouAy.
C. ROUND LAKE VIEW by Zachman Development Corporation.
Request. fur Comprehensive Guide Plan Amendment from Low
Density Residential to Medium Density Residential on 14.5
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 Colde Plan
Amendment)
JuIlle reported that notice of this Public Nearing had
been mailed to owners of 104 surrounding properties and
plibliAled in the October 25, 1989 issue of the Eden
Prairie News.
Bel" 7,mith, representing the proponent, stated that the
14.7 acres for the proposed development were currently
zoned Rural. The parcels surrounding the proposed site
had a higher intensity of use than that being requested In
the Comprehensive Guide Plan Change. The project would
have approximately 2.98 units per acre. A loop road
system was proposed and all utilities would be available
from Valley View Road. Phase I would consist of 15 lots
on 4.6 acres with the remainder of the property remaining
in the ownership of Mrs. Pavelka. The lots would be
approximately 11,800 square feet: with an average width of
81 feet at the setback line. The lots were narrower which
would provide for side garages. No col-de-sacs were
proposed. The homes would be priced in the lower 9100,000
range to appeal for the starter-home market, which was in
demand in Eden Prairie. A transition would be provided to
the school and the property to the north. The assessments
currently levied against the property would make low-
density single family development impractical. The
proponent would return to the Planning Commission and City
Council for zoning and Preliminary Plat approval within
the next few months.
Enger reported that the Planning Commission reviewed only
a Comprehensive Guide Plan Change at the October 10, 1989
meeting and recommended approval on a 5-0 vote subject to
the recommendations out in the Staff Report dated
oeteher 6, 1989. Engpr noted that it was rare that the
City entertained a proposal for only a Comprehensive Guide
Plan Change due to the expediency needed by the
developers. Roger stated that the approval of Medium
Pele:ity Residential would allow for land uses other than
what was being currently proposed; however, the proponent
City Conncil Minutes November 7, 1989
wa committed to follow up immrdiately win the reguest
for Preliminary Plat approval. Enger reviewed the F.taff
rocommendations and noted that a :711 Altornative should he
investigated for the removal of the doublo-frontage lots.
Enger added that Ctaff would need furthr detail tu make a
determination which altern,itive would be best.
Anderson a:Aed how residents in thj proposed subdivision
would get to the Prairie View park or the school. Enger
replied the route would he to Duck Lake Road. Anderson
did not believe. this would be the must desh -able route.
Foyer replied that it would be possible to explore a trail
system within the subdivision to provide access to the
park and school. Anderson believed that it was important
to investigate this possibility.
Pidcock believed that this development would be occupied
by young couples win young children, and parents would
not want the children crossing Valley View Road. Pidcock
concurred that it was important to investigate i,r1
alternate trail system within the subdivision.
Pilcoc% aket1 how many lots were platted on the Herzog
property. Roger replied 9 to 10 lots wore zoned R1-13.5.
Pidcock then asked if proper notices were sent. Enger
replied yes.
Anderson asked how many R1-9.5 lots were currently in this
area of the City. Enger replied that he did not have an
exact figure, but believed it to be several hundred.
Andersen believed that the northwest sector of the City
currently had the greatest number of R1-9.5 lots and did
not want: to have a particular section of the City heavily
developed with R1-9.5 lots.
Peterson asked if the R1-9.5 density issue was discussed
at the Planning Commission level. Enger replied that
there was very little land left in the northwest section
of the City and that arguments could be made for either
RI-9.5 or R1-13.5. Roger noted that the proponent was
developing the lots based on the original intent of the
R1-9.5 lots, which was to provide starter level homes.
Enger believed that affect of this subdivision would be
negligible in this area. Peterson stated that he was
encouraged that the lots were in the 11,P(10 square-foot
range.
Anderson stated that he was not against this particular development, but believed that the City needed to take a
closer look at the amount of R1-9.5 lots within the City.
He added that he was concerned about creating a good balance throughout the City. Anderson reque s ted d report from 9t off regarding where exactly the R1-9.5 lots were
located.
71ty reoln.11 Minutes
10 November 7, 1989
Pldcock :,toted that this was an infill project.
Smith stated that at present sidewalks were located on
Valley View Road and Duck Lake Road.
Peterson asked if the proponent would also consider an
internal trail system to the school and park. Smith
replied ye.
Andur:iun belived that somewhere amony LA:, 6, 7, und 3
would be a good location for a trail system.
Anderson asked why it would be difficult to put in a trail
system across the railroad tracks to provide access to the
High School. Dietz replied that the problems Wj:1:., that
there was no pedestrian protection in this area, which
presented a liability issue. Anderson t;tated that there
were several other locations in the City which were not
protected. Dietz replied that it would not just be High
School children using the trail. Dietz added that Round
Lake and the Community Center would attract children of
all ages.
Tenpas believed that a trail would allow for more
pedestrian traffic and would put the City at greater risk
For liability. Tenpas added diit: a walkway would neea
to be constructed either over or under the railroad tracks.
Anderson he that the area should either he fenced
off or a safer trailway provided. Anderson requested that
Staff investigate trail possibilities.
There were no further comments from the audience.
MOTION:
Harris moved, seconded by Pidcock to close the Public
Hearing, to adopt Resolution Nu. 89-242 for comprehensive
Guide Plan Amendment, and to direct Staff to work with the
proponent to develop trail access to the City Park and
School Property.
D. REFuNDING OF SftJ1 QUf!TDR ct.F...1 ”4 _79E_MCGLYNN MMUS. INC. PRO.FECT (Resolution No. 89-244)
:Tunic reported that notice of this Public hearing was
published in the October 15, 1989 isne of the Eden
Prairie News.
There were no ccmments from the audience.
MOTION:
Pidcock moved, seconded by Harris to close the Public
City ill Minutes
11 N ,..ovember 7, 1989
Hearing AN ,1 adopt Resolution No. 39-244 to authorize the
refunding of the Revenue bonds. Metjen ,iarried
unanimously.
E. VACATION NO. 8 -1 PART OZ PICHT-07-WAY PoR JAYE 7.HoRE
DRIVE. (Resolution No. 89-220)
Jullie reported that notice of the Public Hearing had been
mailed to the affected property owners and published in
the October 18, 1089 issue of the Eden Prairie News.
Nancy Niculay, 16001 Lake Shore Drive, asked if this
vacation would also affect her property as well her grandfather's and if the remainder of the Dutch Elm
diseased trees would be removed as had originally been
agreed to by the City. Dietz replied that her property
would be affected and the 2 remaining trees would be
removed a.: agreed upon.
There were nu further comments from the audience.
Pidcock moved, seconded by Anderson to close the Public
Hearing and adopt Resolution No. 89-220 to vacate the
portion of the right-of-way. Motion carried unanimously.
F. VACATION NO. 89-16 - RAVEN WOOD 2ND ADDITION, LOT 1-2-2-4_,
BLOCK 1 _AND LOT 1-2-3-4, BLOCK 5 (Resolution No. 89-226)
Jullie reported that notice of this Public Hearing was
mailed to affected property owners and published in the
October 18, 1989 issue of the Eden Prairie News.
There were no comments from the audience.
MOTION:
Anderson moved, seconded by Harr1 ,1 to close the Public
Hearing and adopt Resolution No. 89-226 to vacate the
easements. Motion carried unanimon:Jy.
V. PAYMENT OF CLAIMS
MOTION:
Anderson moved, seconded by Harris to approve the Payment of
Claims No. 54979 through 55458.
n:irri questioned what the payment to the Metropolitan Council
was fot. Jullie replied that thits, dolt with funding for the
Highway 712 property acquisition.
Pidcnok believed that Claim No. 55104 had been approved on the
City Council Minutes 12'
Novomher 7, 1919
last agenda. Jul lie replied that 3taff would t..heck into this
and report back to the Council.
Peterson asked if Claim No. 55303 should not be for
consultation services and not legal services. :Tullio replied that the claim should be for consultation services.
ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenp , and
Peterson all voting "AYE".
VI. ORDINANCES & RESOLUTIONS
VII. PETITIONFIL REUFSTS &. (..70MMUNICATIONS
A. Petition for Bike Path on_Eden Prairie Road south of
Jullie reported that this Item was provided for
informational purposes and should be referred to the
Parks, Recreation & Natural Resources Department.
Peterson be that IL was important for the Parks,
Recreation & Natural Resources Staff to address the isue
of additional trails seriously and to establish a priority
list for Council review.
Anderson believed that it should be the City Council
setting the priority and giving Staff direction. Anderson
further believed that safety needed to be the highest
priority. He added that Staff and the Council needed to
look at alternative ways to achieve some of the items
which were included on the referendum which failed.
Anderson moved, seconded by Pidcock to refer this item
back to Staff and the Parks, Recreation & Natural
Resources Commission. Motion carried unanimously.
VIII. REPORTS OF ADVISORY CoMMISSTONS
A. Wast_e_llanaaemept_Commir:sjon. - Environmentally Acceptable
Packaging Ordinance
Peterson complimented the Commission and Staff on r nicely prepared report.
MOTION:
Pidcnck moved, seuonded hy Harris to accept the report - of the Waste Management Commission as published. Mot ion
carried unanimously.
IV APPOTNTMENTO
70encil Minuf_us
November 7, 1989
X. REPORTS OF °REP:1771, BOARDS & CO!-!MISS.7ONO
A. Rea9rts of Counc ers
1. Developeter's Forum
Pidcock asked if the Southwest Area ":7tItcly had been
forwarded to the Developers Forum as noted in the Minutes.
Enger replied that the Developers Forum had indicated that
it did not believe that the Study wenl,l be if interest to
the entire development community and, therefore, Staff had
not forwarded a copy at this time.
2. Compliment - Plannipg_Department
Pidcock stated that she had received a compliment from one
of the developers commending the Planning Department.
3. Tr.eeeReilliafeAlent PI:211U
Anderson stated that he was concerned about the Tree
Replacement Policy an it Walt currently written because it
did not include softwood trees such as the cottonwood
tree, which Anderson believed should be included in the
liet of significant trees. Anderson believed that the
policy should be revised. Lambert replied that a 60-foot
tree of any species should 1W considered significant;
however, he queL;tioned whet her the policy should be
totally reworked and suggested that the policy be reworded
to include any softwood tree In excess of 20 inches in
diameter.
Enger believed that the current policy was very
reasonable. He concurred that ironwood trees, softwood
trees, and even 11" oak trees were significant. He added
that the current policy did not address well the
consideration of tree mass; however, the policy had been
euccessful for over 50 developments. Enyer etated that
the policy took into consideration that some tree loss
would occur on any development.
Harris asked the sta ,,:us of the matter to make the policy
an ordinance. Jul lie replied that the ordinance had been
drafted and would he before the City Cooncil within the
next few months.
Tenpas asked why the City did not require trees on the
boulevards. Enger replied that this wan a good point, hut
suggested a requirement that 1 to 2 trees be placed on
every lot. Enyer added that this would help address the
concerns of the developers of the wooded areas to i-xtt.nd
tIt requirements for everyone.
Peterson concurred that consideration should be given to
City Council Minutes 14 November 7, 1939
both Councllmember Anderson.:. Tenpas'e concerns.
Fnger replied that Staff had worked with the Developers
From originally and would like to return to the
Developers Forum with these now idea:„. Fnger noted that
the policy was being challenged by some uf the developers.
Foyer stated that the ordinance would simply put the
policy into a formal language.
Julie stated that the problem currently being voiced by
the developers was the bonding requirements. The policy
had worked well in the past; however, now the Developers
Forum had changed its position on some issues. Jullie
recommended that any changes be reviewed by the Developers
Forum.
Peterson asked Jullie if he was saying that the timing was
not appropriate to make changes, to even just request the
addition of 1 tree per lot. Foyer replied that he did not
believe there would be a problem adding one tree per lot
in unwooded areas.
Harris stated that this policy had been in the
modification process for a long time and believed that it
should be drafted into an ordinance form, which could
always be changed if necessary.
Anderson stated that a tremendous amount of trees had been
lost already and believed that it was important to protect
the natural environment.
Pidcock asked why Staff was hesitant to proceed with the
drafting of an ordinanco while the issue was being
negotiated with the developers. Julliu replied that Staff
did not want to be eoutinually ehallenged even when it was
drafted into an ordinance form. Jullie added that it was
important to have a form acceptable to the developers.
Pauly added that it was important not to create any type
of situation while in negotiations with the developers
related to the Tree Replacement Policy.
B. Report of City Manager
1. General—FRTO Financial Report, ird near her 1989
Peterson complimented Staff on a well written report.
Harris believed that this was a good lead in for the next
budget meeting.
Tenpas concurred that this should be tied into the budget
discussions. Tonpas asked what the beginning General Fund
balance was. Jullie replied $1,300,000. Tenpas then
asked if the settlement with Rogers Cable wan included in
this figure. Jullie replied that the Rogers settlement
City Council Minutes 15
Novell.her 7, 1739
had not been transferred into the General Fund at this
time; however, it had been inveL.ted. Tenpas questioned
that amount in the Reserve Account. Jolt it replied that
this should have been $465,000 to include balary
adjustments. Tenpas noted Llt a
anticipated in the Building Permit revenues. Jollie
replied that a $400,000 to $500,000 shortfall was
anticipated; however, it could be as high as $700,000.
Harris asked what the General Fund balance was expected to
he at the end of the year. Jullie replied if the Ro ,jet:, settlement was transferred the General Fund would be
approximately $1,700,000.
Tenpas asked if the General Fund amount affected the
City's bond rating. Director of Finance John Franc
replied that the bonding companies looked at the movement
of the funds, not the balance. Franc added that an upward
movement was considered positively. Eden Prairie had not
been heavily dependent on State aid, which was looked upon
favorably. Tenpas then asked if there would be any
significance to pay off the bonds early. Frane replied
that the bonding companies know that the City would always
be in the market for additional bonds in the future.
2. Bo:LJ:e Property Prolosal
MOMI 0.7.1,
Pidcock moved, :7,econded by ilarri5 to direct Staff to begin
negotiations for the Boyce parcel and return to the City
Council with a report. Motion carried unanimously.
C. Report of City Attornty
1. PrI)Posed Lawful Gamhling PolLa
Harris asked what process of appeal was available if the
City denied a request for a license. Pauly replied that
this denial would effectively veto the State's permit and
that an appeal process was not available at this time.
Pauly added that the party requesting the license conld,
however, take court action against the City. Harris then
questioned the eoction on eligible organizations and tho
association to Eden Prairie for St. Mary's Romanian
Orthodox Church. Pauly replied that he was not aware of
an affiliation to Eden Prairie for this particular church.
Harris questioned if requiring such an affiliation was
legal. Pauly replied that it would not be appropriate at
this time to change the rules and organizations could he
grand fathered in for a period of 1 year. Harris aeked if
the City could control the use of 10% of the net proceeds.
Pauly replied that the City could require that 107 of the
proceeds he designated; however, the City would not
7ity ':ii Minutes l November 7, 1989
control or admioistr Ihe 1 ...i Ho woot:y. Harris
stated that she would pfefe, 7. .)"- Toss ompared to
the it recommended in the seport hecanee of the need for
funds for the cuts being made In the human :-Iervices
programs. Pauly noted that the City needed to provide
justification for the tax.
Tenpas stated that he was concerned about taxing on the
gross receipts. Dawson replied that the State recommended
that the return for an organization he l'etween 4 & 5 %.
Dawson added that the state tax had the effect of
discouraging charitable gambling, which had also het!n
interpreted as a means of eliminating the competition for
the lottery. Tenpas questioned how any organization would
make enough profits after all the taxes had Leen taken out
of the proceeds. Dawson stated that the Committee had
recommended the limit of it for City taxes.
Peterson questioned what constituted a private club.
Pauly replied a private club would be an club which was
not open to the general public. Peterson commented that
the American Legion Club was open to the public for eating
and gambling, but not for drinking. Peterson then
questioned the if the reference to being able to operate
only at one location in Eden Prairie meant, one location
at one time. Pauly replied yes.
Tenpas believed that there was a fine line between the
lottery and pulltabs, and stated further that gambling
should not be permitted in public restaurants or bars.
Peterson stated that the City needed to be careful not to
discriminate between public and private clubs.
Anderson stated that other communities made a distinction
betwnen fraternal and other private clubs. Panly added
that another distinction which could be made would be
between profit and nonprofit orjanizations. Pauly added
that tIte State Statutes would be consistent with locations
in nonprofit organizations.
Peterson asked if minors were permitted to play bingo.
Pauly replied that the restriction of minors was part of
the State Laws, which were complicated and not restated in
the City's Ordinance.
Pauly asked if the City Council lid or did not wish to
,Tilatiow; on those ev ,-nt.:7 which did not require a
regular license. It was the consensus of the Council not
to impoe..: regniaLion.
Peterson asked why the Burnsville Ordinance had a limit on
the lease payment of $10. Pauly replied that this was
o_.ferrea to in the State regulations.
City Coon ii Minutes
17 November 7, 1939
Harrli; Tenpas whet dlf7f,7,nce perceived to he between the lottery and pullt..i. Tenpas replied that he did not want to see gambling reinforced everywhere one wanted to go. The lottery woo1,1 be .1wlilable in gas station.,:,, grocery stores, etc; he did not 1,elieve that gambling needed to reinforced in restauranb; and bars. Harris stated that she favored the pulltahs over the
lottery because a larger portion of the money earned f
r
o
m
pulltahs would remain in the community.
D. aport of Dir ,..ctor 131.23ijaniag.
E. Directo_k_of_rarkLi„....ye_preation & Natural Pec,ources
F. Report of Dittctslr_of Public Works
C. fluprt.of Finance_airectqr .
Y7. NFF BVFINFSS.
XII. AWOURNMENT
MOTION:
Anderson moved, seconded by Harris to adjourn the me
e
t
i
n
g
a
t
10:30 PM. Motion carried unanimously.
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
November 21, 1989
CONTRACTOR (MULTI-FAMILY & COMM.)
L. A. Donnay
Al Jones Construction
Met-Con Construction, Inc.
Steine Cold Storage
CONTRACTOR (1 & 2 FAMILY)
AAA Quality Carpentry
M. C. Petty Corporation
Ru-Dell Builders, Inc.
Town & Country Homes of Wayzata
HEATING & VENTILATING
D & D Electric, Inc.
Equipment Supply, Inc.
Gilbert Mechanical Contractors
GAS FITTER
D & D Electric, Inc.
PEDDLAR
Patrick E. Coty
(Christmas Trees at Prairie View Center)
These licenses have been approved by the department heads responsible for
the licensed activity.
(24—
Pat Solie
Licensing
2,.
RELEASE OF LAND
This Release of Land is executed by the City of Eden
Prairie, a Minnesota municipal corporation ("City"), and is dated
as of
FACTS
1. A certain Agreement Regarding Special Assessments
("Agreement") dated December 27, 1988 , was executed by and
between the City, and Scenic Heights Investment, a Minnesota General Partnership
which Agreement was filed as Document No. 5495698
with
the Hennepin County Recorder on January 10, 1989
The
Agreement related to the property described therein as:
Lot 1 and Lots 3 through 13, Block 1, Starring Lake 2nd Addition,
Hennepin County, Minnesota.
2. Th2 special assessments contemplated oy the Agreement
have been levied and the time for appeal has expired.
Page -2-
3. To evidence the fact that the special assessments have
been levied and the time for appeal has expired, the City is
executing this Release of Land.
THEREFORE, the City of Eden Prairie, a Minnesota municipal
corporation, hereby releases the Property described above from
all obligations and conditions set forth in the Agreement
Regarding Special Assessments dated December 27, 1988 filed
with the Hennepin County Recorder as Document No. 5495698
on January 10, 1989
This Release of Land shall not
release or discharge the Property from the lien of any special
assessments levied by the City pursuant to the Agreement.
IN WITNESS WHEREOF, the City of Eden Prairie has executed
the foregoing instrument.
CITY OF EDEN PRAIRIE,
A Municipal Corporation
BY:
Gary D. Peterson
Its Mayor
BY:
Carl J. Jullie
Its City Manager
3 1 'q
Page -3-
STATE OF MINNESOTA )
) as. COUNTY OF HENNEPIN )
The foregoing instrument
w
a
s
a
c
k
n
o
w
l
e
d
g
e
d
b
e
f
o
r
e
m
e
t
h
i
s
day of , 1988, by G
a
r
y
D
.
P
e
t
e
r
s
o
n
a
n
d
C
a
r
l
J
.
Jullie, the Mayor and Cit
y
M
a
n
a
g
e
r
o
f
t
h
e
C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
,
a
municipal corporation un
d
e
r
t
h
e
l
a
w
s
o
f
t
h
e
S
t
a
t
e
o
f
M
i
n
n
e
s
o
t
a
,
on behalf of said corpora
t
i
o
n
.
Notary Public
THIS INSTRUMENT WAS DRAFT
E
D
B
Y
:
Lang, Pauly & Gregerson,
L
t
d
.
230 Suburban National Ban
k
300 Prairie Center Drive
Eden Prairie, Minnesota
5
5
3
4
4
t7--RELEASE.0
RFR/01-14-88
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-248
I.C. 52-180
RESOLUTION APPROVING CONSTRUCTION PLANS
FOR A TRAFFIC CONTROL SIGNAL SYSTEM AT
COUNTY STATE AID HIGHWAY NO. 1 (PIONEER TRAIL)
AND HOMEWARD HILLS ROAD
WHEREAS, construction plans for the installation of a traffic control
signal system at the intersection of County State Aid Highway No. 1
(Pioneer Trail) and Homeward Hills Road, as Hennepin County Project No.
8876, have been prepared and presented to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that
said construction plans be in all things approved and that the City
agrees to provide the enforcement for the prohibition of on-street
parking on those portions of said Project No. 8876 within its corporate
limits.
ADOPTED by the Eden Prairie City Council on November 21, 1989.
Gary D. Peterson, Mayor
ATTEST
SEAL
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-249
I.C. 52-179
RESOLUTION APPROVING CONSTRUCTION P
L
A
N
S
FOR A TRAFFIC CONTROL SIGNAL SYSTE
M
A
T
COUNTY STATE AID HIGHWAY NO. I (PI
O
N
E
E
R
T
R
A
I
L
)
AND FRANLO ROAD
WHEREAS, construction plans for
t
h
e
i
n
s
t
a
l
l
a
t
i
o
n
o
f
a
t
r
a
f
f
i
c
c
o
n
t
r
o
l
signal system at the intersecti
o
n
o
f
C
o
u
n
t
y
S
t
a
t
e
A
i
d
H
i
g
h
w
a
y
N
o
.
I
(Pioneer Trail) and Franlo Road,
a
s
H
e
n
n
e
p
i
n
C
o
u
n
t
y
P
r
o
j
e
c
t
N
o
.
8
8
7
5
,
have been prepared and presented
t
o
t
h
e
C
i
t
y
.
NOW, THEREFORE, BE IT RESOLVED B
Y
T
H
E
E
D
E
N
P
R
A
I
R
I
E
C
I
T
Y
C
O
U
N
C
I
L
t
h
a
t
said construction plans be in al
l
t
h
i
n
g
s
a
p
p
r
o
v
e
d
a
n
d
t
h
a
t
t
h
e
C
i
t
y
agrees to provide the enforceme
n
t
f
o
r
t
h
e
p
r
o
h
i
b
i
t
i
o
n
o
f
o
n
-
s
t
r
e
e
t
parking on those portions of said
P
r
o
j
e
c
t
N
o
.
8
8
7
5
w
i
t
h
i
n
i
t
s
c
o
r
p
o
r
a
t
e
limits.
ADOPTED by the Eden Prairie City C
o
u
n
c
i
l
o
n
N
o
v
e
m
b
e
r
2
1
,
1
9
8
9
.
Gary D. Peterson, Mayor
ATTEST
SEAL
John D. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 89-251
RESOLUTION RECEIVING 100% PETITION
AND ORDERING IMPROVEMENTS
I.C. 52-181
SPRINKLER SYSTEM FOR BUILDING AT 9
0
5
1
F
L
Y
I
N
G
C
L
O
U
D
D
R
I
V
E
BE IT RESOLVED by the Eden Prairi
e
C
i
t
y
C
o
u
n
c
i
l
:
I. The owners of 100% of the rea
l
p
r
o
p
e
r
t
y
b
e
n
e
f
i
t
t
e
d
f
r
o
m
t
h
e
proposed sprinkler system have
p
e
t
i
t
i
o
n
e
d
t
h
e
C
i
t
y
C
o
u
n
c
i
l
t
o
construct said improvements and
t
o
a
s
s
e
s
s
t
h
e
e
n
t
i
r
e
c
o
s
t
a
g
a
i
n
s
t
their property.
2. Pursuant to M.S.A. 429.031, Subd.
3
,
a
n
d
u
p
o
n
r
e
c
o
m
m
e
n
d
a
t
i
o
n
o
f
t
h
e
City Engineer, plans and specifi
c
a
t
i
o
n
s
a
r
e
h
e
r
e
b
y
a
p
p
r
o
v
e
d
a
n
d
said improvements are hereby orde
r
e
d
.
3. Pursuant to M.S.A. 429.031, Sub
d
.
3
,
t
h
e
C
i
t
y
C
l
e
r
k
i
s
h
e
r
e
b
y
directed to publish a copy of th
i
s
r
e
s
o
l
u
t
i
o
n
o
n
c
e
i
n
t
h
e
o
f
f
i
c
i
a
l
newspaper, and further the con
t
r
a
c
t
f
o
r
c
o
n
s
t
r
u
c
t
i
o
n
o
f
s
a
i
d
improvements is hereby approved, n
o
t
t
o
e
x
c
e
e
d
$
4
0
,
8
6
8
.
0
0
.
ADOPTED by the City Council of th
e
C
i
t
y
o
f
E
d
e
n
P
r
a
i
r
i
e
o
n
N
o
v
e
m
b
e
r
2
1
,
1
9
8
9
.
Gary D. Peterson, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
-MEMORANDUM-
TO:
Mayor and City Council
FROM: Eugene A. Dietz, P.E.
101(ur
Date: November 15, 1989
RE:
Fire Protection System at 9051 Flying Clou
d
D
r
i
v
e
I.C. 52-181
Attached hereto are copies of the appr
o
p
r
i
a
t
e
d
o
c
u
m
e
n
t
s
a
s
w
e
l
l
a
s
information on the statutory authority to
p
r
o
c
e
e
d
w
i
t
h
a
s
p
r
i
n
k
l
e
r
s
y
s
t
e
m
Installation at the Modern Tire Buildin
g
a
t
9
0
5
1
F
l
y
i
n
g
C
l
o
u
d
D
r
i
v
e
.
Although we have never utilized this proc
e
d
u
r
e
i
n
t
h
e
p
a
s
t
,
t
h
e
s
t
a
t
u
t
e
s
make a provision for installation of fire
p
r
o
t
e
c
t
i
o
n
s
y
s
t
e
m
s
b
y
s
p
e
c
i
a
l
assessment procedures. It appears that
t
h
i
s
s
t
a
t
u
t
o
r
y
a
u
t
h
o
r
i
t
y
w
a
s
granted under the premise that retrofittin
g
e
x
i
s
t
i
n
g
s
t
r
u
c
t
u
r
e
s
i
s
i
n
t
h
e
best interest of a community, but can be
a
b
u
r
d
e
n
t
o
t
h
e
p
r
o
p
e
r
t
y
o
w
n
e
r
.
Therefore, along with the authority to req
u
i
r
e
f
i
r
e
s
u
p
p
r
e
s
s
i
o
n
s
y
s
t
e
m
s
,
a means to spread the cost over a several-y
e
a
r
p
e
r
i
o
d
w
a
s
d
e
v
i
s
e
d
.
In this instance, the owner proposes to
a
d
d
a
t
e
n
a
n
t
t
o
t
h
e
b
u
i
l
d
i
n
g
which will necessitate a sprinkler system
.
As shown on the attached estimate, the cost will be $40,868.00.
The advantage to the property owner is that the special assessment proce
s
s
w
i
l
l
a
l
l
o
w
a
5
-
y
e
a
r
p
a
y
b
a
c
k
period and interest rate of 10%. This of
c
o
u
r
s
e
h
a
s
t
h
e
a
d
v
a
n
t
a
g
e
o
f
uniform cost distribution to the owner and
c
o
m
p
l
i
a
n
c
e
w
i
t
h
o
u
r
f
i
r
e
c
o
d
e
to the City of Eden Prairie.
The special assessment process is a permiss
i
v
e
p
r
o
c
e
s
s
a
n
d
n
o
t
m
a
n
d
a
t
o
r
y
.
In other words, it is at your discretion w
h
e
t
h
e
r
o
r
n
o
t
t
o
p
r
o
c
e
e
d
w
i
t
h
the project. But, it is not likely to be a
f
r
e
q
u
e
n
t
l
y
-
u
s
e
d
p
r
o
v
i
s
i
o
n
i
n
the code (although one other party is inter
e
s
t
e
d
a
t
t
h
i
s
t
i
m
e
)
a
n
d
t
h
e
r
e
-
fore should not become a nuisance. Base
d
o
n
t
h
e
i
n
f
o
r
m
a
t
i
o
n
a
v
a
i
l
a
b
l
e
,
Staff recommends that the Council approv
e
t
h
e
r
e
s
o
l
u
t
i
o
n
a
u
t
h
o
r
i
z
i
n
g
t
h
e
project to be constructed through the spe
c
i
a
l
a
s
s
e
s
s
m
e
n
t
p
r
o
c
e
s
s
.
EAD:ssa
Enclosures
Proposal
Plumbing
-leafing
• FROM •
ffALLIEL7
MECHANICAL
SYSTEMS
Fire Protection
Industrial Piping
Sheet Metal dr.. NUTCD•11.3011 INC
340 MicHese Seem N°_ 26 8
Nuteranson. M n nnesota 55350
(612) 587-7930
PROPOSAL SUBMITTED TO
Vector Engineering
PHONE DATE
11/7/89
STREET
331 Lake Hazeltine Drive
JOB NAME
Modern Tire
CITY.STATE AND Z n P CODE
Chaska, MN 55318
JOB LOCATION
Eden Prairie, MN
ATTN
Charles Holmes
DATE OF PLANS JOB PHONE
WE HEREBY SUBMIT SPECIFICATIONS AND FSTMATFC 0 550
Proposal for excavation of fire protection water supply main for Modern Tire Building
on Hwy 169 Eden Prairie, MN.
- All material and labor to supply an 8" Fire Protection service main from city
supplied stub on property to small room on north side of building/
Quote includes all material, labor, backfill, gravel base, and replacing concrete
floor in small room where main enters the building.
Permits not included in proposal
TOTAL MATERIAL AND LABOR $11,650.00
**** ***•*** ******* * ***** ************* ***** ********** ****** ***** ************ ******* ***********
Repatching of blacktop extra $3,500.00
We Ihrese — hereby to furnish (Material and Labor) for the sum of —
As Stated Above dollars ($ )
PAYMENT TO BE MADE AS FOLLOWS UPON COMPANY CREDIT APPUCATION APPROVAL
Upon Completion
• Awnoraga
4/..../f Sialatun ____ ----- -- —
AP, Ha,ef..; ts ouaeantead to be as UNC,1,PO AV *On lobe complaw al a ...mar.", manna. amp,
o ,,,g lo ma,. wiet, es Any att•ravons cv devaaon born above spec nacaoons onvolvIng extra costs
.. , be so ay... or ,IV .4,,,,,,,On 0 ,40,5 WW1*, b•COme an ao. a cha/ge ore, and above tn. 'cow. All ,,,,,,,,,, ‘pntmoent upon um,. •ccadents Of 1:101441 beyond our cont. NOTE Tad prOoosal Ls good lot ._daya
4,4criplairre of Proposal The above Hncas aptc.acattons and cond.Oons are LIIIStaC
:,,,,, ,n •,1•,11, ,ron 1 .1 v., A .! .MC0.01000 MO *OM 45 W... PaV**^I*. be //1•01.
—Dale o. Acc,ance 1\ /A _13
_
Owner
Company
FROM
'ALL/E0 Plumbing
Heating
Sheet Metal
Fire Protection
Industrial Piping
Mo n
Proposal
Plulaumon. Afinneoola $5350
(612) 587-7930
PROPOSAL SUBMITTED TO
Vector Engineering
PHONE DATE
11/7/89
STREET
331 Hazeltine Drive
JOB NAME
Modern Tire
CaYSTATE AND ZIP CODE
Chaska, MN 55318
JOB LOCATION
Eden Prairie, MN
ATTN
Charles Holmes
DATE OF PLANS JOB PHONE
WE HEREBY suasia SPECIFICATIONS AND FSTImarpc Pnga
All material, labor, and engineering to install complete wet fire protection system
for Modern Tire Building on Hwy 169 in Eden Prairie as per owner supplied building plan.
System includes the following items:
All engineering and plans
All piping material schedule 10 light wall and Allied XL pipe
Fittings grooved and cast fittings
Riser assembly includes:
1-Detector check valve with by-pass meter
1-Butterflu main control valve and all control valve signs
1-4" Fire Department connection with check valve
1-2" Main drain assembly
I-i" Pressure auaae
1-Vane flow switch with 2 sets of contacts for remote alarm signaling
All necessary sprinler heads as per plan
All tests and reports to proper authorities
Alarm bell on outside of building
Permits not included in proposal
No Electrical included for alarms and remote signaling to local fire hall and police
station
We Ave& — hereby to furnish (Material and Labor) for the sum of —
Twentu-nine Thousand Two Hundred-eighteen and 00/100's
PAYMENT TO BE MADE AS FOLLOWS UPON COMPANY CREDIT APPLICATION APPROVAL
Progress Billings-net 30 days
male,a10 guranies0 IOW AS Speer,. An wo,h lo be fonWeled ,n • w0Anman ,.14 mann., 0000.
0.09 ,0 slanda ,0 Waci.c•s Anv alletanons devdtioon from above Spec& at.Ona ovavmO BIOS Cea r. wa be P.e, wen On'y 000n *01, pow s become an •a .na Vlarge ova , end &Wye Ind Selma,
Al! agreements con,noen, boon St n does amdend oe delays 0e0000 ou , 50,000l
f rirptanir of Proposal above gon erS Spet.ncanOnt and condslOns are SaPSIIIC•
npreb, ae,epled YOua. eulhowed to do Me roo. an Spec.,ed Pavmen1 w.11 be Made
.i.nefl arr.,
. a' AcceotanCe .8./a9
dollars ($ 29 '218 '00
City of Eden Prairie
City Offices
( 0 Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262
LOW B. HOLMES
L -0F HAZELTINE DRIVE
CHAI,IA, MINN 55318
SEEVRMER 7, 1939
RE: YOUR LEVER OF 8/70/89 REQUESTING SPECIAL ASSESSMENT
O
F
THE COST OR INSTALLING A FIRE SPRINKLER SYSTEM
A
T
9
0
5
1
FEYANG CLOUD DRIVE
DEAR Mk. HOLMES
IN ORDER FOR US TO PROCEED WITH YOUR REGOEST A
P
E
T
I
T
I
O
N
(COPY INCLOSED) MUST BE RECEIVED BY THE CITY. ALONG WITH
THE PETITION THE PLANS, SPECIFICATIONS, AND THE
C
O
S
T
ESTIMATE MUST BE SUBMITTED.
YOU SHOULD INDICATE ON THE PETITION THAT YOU WILL C
O
N
T
R
A
C
T
Fe': THE IW,TALLATION OF THE SYSTEM.
FON YOUR INFORMATION:
jfql ASSESMENT WILL BE FOR 5 YEARS Al AN INTEREST R
A
T
E
O
F
10%.
THE CITY WILL REIMBURSE YOU FOR NO MORE THAN
T
H
E
C
O
S
T
ESTIMATE SUBMITTED WITH THE PETITION.
THE REIMBURSEMENT WILL BE MADE NO SOONER THAN 30 DAYS FROM THE DATE OF THE SPECIAL ASSESSMENT HEARING.
IF 'rim HAVE QUESTIONS PLEASE CONTACT US.
"4t.tIL.....,___
VU! 1.0 TRULY
JOHN 1-HONE
VINANCL DIRECTOR
7/Vr r A
I It
‘4)4 '''1' 0'1 Il
1.! :1- DIEVZ, PUBLIC WORKS DIRECTOR
a
Lilt Si. 1%11.140% I Sit SV, SPE( I Si, VSSFSSNIENTS 429 Oil
tunnels, passageways, walkways, concourses, hallways, corridors, arcades, plazas, eleva-
tors, escalators, heated canopies, and accesses and all fixtures, furniture, equipment,
facilities, and appurtenances which in the judgment of the council will enhance the
movement, safety, security, convenience and enjoyment of pedestrians and benefit the
city and adjoining properties.
Subd. 11. "Special lighting system" means lights or light displays of any type
located within or without the public right of way.
Subd. 12. "Acquire" includes, but is not limited to, the obtaining by purchase,
condemnation, or leasing rights or interests in the areas above or below the surface of
i;e '::round of real property or structures or improvements thereon.
Subd. 13. "Public mall, plaza. or courtyard" means any wholly or partly opened
or enclosed public area adjacent to or attached to a wall, fence, commercial structure,
hotel, or any other building and designed as a place for passive recreation, public
entertainment, exhibition and education, or a pedestrian walk.
Subd. 14. "Fire protection system" means pipes. standpipes, sprinklers, control
systems and other devices and equipment installed in or outside a building for the
primary purpose of eliminating or reducing the spread of tire in the building or
providing for safe evacuation of the building, whether the devices and equipment are
publicly or privately owned.
Subd. 15. "Highway sound barriers" means sound abatement walls erected along
highways to reduce noise levels attributable to vehicular traffic.
History: /953 c 398 s I: 1961 c 338 s 1; /969 c 741 s 1-3; 19711. 617 s 1-4; 1973 c 123 art 5s 7; 1973 c 636 si, 1973c 702 s 22: 1974 c 233 s 1; 1976c' /47,s 1; 1978c 634
s 1.2; 1979c 330 s 1; 1983 c 9 s 1; 1984 c 478 s 1; 1984 c 591 s I; 1986 c 315 s 1; 1987
c 138 s 1; 1988 c 564 a 1
429.02 [Repealed, 1953 c 398 s 13 subd
429.021 LOCAL IMPROVEMENTS, COUNCIL POWERS.
Subdivision I. Improvements authorized. The council of a municipality shall have
power to make the following improvements:
( I ) To acquire. open, and widen any street. and to improve the same by construct-
ing, reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle
parking strips of any material, or by grading, graveling, oiling, or otherwise improving
the same. Including the beautification thereof and including storm sewers or other street
drainage and connections from sewer. water, or similar mains to curb lines.
(2) To acquire, develop, construct, reconstruct, extend, and maintain storm and
sanitary sewers and systems, including outlets, holding areas and ponds, treatment
plants, pumps, lift stations, service connections, and other appurtenances of a sewer
system, within and without the corporate limits.
(3) To construct, reconstruct, extend, and maintain steam heating mains.
(4) To install, replace, extend, and maintain street lights and street lighting sys-
tems and special lighting systems.
(5) To acquire. improve, construct, reconstruct, extend, and maintain water works
systems, including mains, valves, hydrants, service connections, wells, pumps, reser-
voirs, tanks, treatment plants, and other appurtenancesof a water works system, within
and without the corporate limits.
(6) To acquire, improve and equip parks, open space areas, playgrounds, and
recreational facilities within or without the corporate limits.
(7) To plant trees on streets and provide for their trimming, care, and removal.
(8) To abate nuisances and to drain swamps, marshes, and ponds on public or
private property and to till the same.
(9) To construct, reconstruct, extend, and maintain dikes and other flood control
is orks.
6 37
429.0:1 I °CAI. INIPROST MUSTS, Sped Si, ASSESSMENTS
S4 ¶4
(10) To construct, reconstruct, extend, and maintain retaining walls and area
walls.
(H) To acquire, construct, reconstruct, improve, alter. extend, operate, maintain,
and promote a pedcstnan skyway system. Such improvement may be made upon a
petition pursuant to section 429.031, subdivision 3.
(12) To acquire, construct, reconstruct, extend, operate, maintain, and promote
underground pedestnan concourses.
(13) To acquire, construct, improve, alter, extend, operate, maintain, and promote
public malls, plazas or courtyards.
(14) To construct, reconstruct, extend, and maintain district heating systems.
(15) To construct, reconstruct, alter, extend, operate, maintain, and promote tire
protection systems in existing buildings, but only upon a petition pursuant to section
429.031, subdivision 3.
(16) To acquire, construct, reconstruct, improve, alter, extend, and maintain
highway sound bafflers.
Subd. 2. Combining improvements. An improvement on two or more streets or
two or more types of improvement in or on the same street or streets or different streets
may be included in one proceeding and conducted as one improvement.
Subd. 3. Relation to charter and other laws. When any portion of the cost of an
improvement is defrayed by special assessments, the procedure prescribed in this
chapter shall be followed unless the council determines to proceed under charter
provisions: but this chapter does not prescribe the procedure to be followed by a
municipality in making improvements financed without the Use of special assessments.
If the council determines to proceed under charter provisions for special assess-
ments, such provisions shall be deemed to include a requirement that notices of
proposed assessments inform property owners of the procedures they must follow
under the charter in order to appeal the assessments to district court. The notices shall
also inform property owners of the provisions of sections 435.193 to 435.195 and the
existence of any deferment procedure established pursuant thereto in the municipality.
Charter provisions shall also be deemed to require that when the council deter-
mines to make any improvement. it shall let the contract for all or part of the work.
or order all or part of the work done by day labor or otherwise as may he authorized
by the charter. no later than one year after the adoption of the resolution ordering such
improvement, unless a different time limit is specifically stated in the resolution
ordering the improvement.
History: 1953 c 3985 2; 1965 c 877 s I; 1971c 617 s 5; 1973 c 201s 1: 1974 c 233
s2; 1974 c 3/4 1976 c 195 s I: 1978 c 518 s 1,. 1979 c 330 s 1981 c 334 s 1984
C 548s 4; 1984 c 552s 3: 1984 c 591 s 2; 1984 c 633 s 2, 1987 c 138s 2
429.03 (Repealed. 1953 c 398 5 13 subd I)
429.031 PRELIMINARY PLANS. HEARINGS.
Subdivision I . Preparation of plans, notice of hearinz. Before the municipalit
awards a contract for an improvement or orders it made by day labor, or before the
municipality shall have the power to assess any portion of the cost of an improvement
to be made under a cooperative agreement with the state or another political subdivi-
sion for sharing the cost of making such improvement, the council shall hold a public
hearing on the proposed improvement following two publications in the newspaper of
a notice stating the time and place of the hearing, the general nature of the improve-
ment, the estimated cost, and the area proposed to be assessed. The two publications
shall be a week apart and the heanng shall be at least three days after the last
publication. Not less than 10 days before the hearing, notice thereof shall also be
mailed to the owner of each parcel within the area proposed lobe assessed, but failure
to give mailed notice or any defects in the notice shall not invalidate the proceedings.
For the purpose of iiicing mailed notice. owners shall be those shown lobe such on the
040 1.(JUAI. DIPRON EMI', IS, Slq C1,51. U'ISE SSNI NIS 4:9.031
records of the county auditor or, in any county where tax statements are mailed by the
county treasurer, on the records of the county treasurer; but other appropriate records
may he used for this purpose. However, as to properties which are tax exempt or subject
to taxation on a gross earnings basis and are not listed on the records of the county
auditor or the county treasurer, the owners thereof shall he ascertained by any practica-
ble means and mailed notice shall be given them as herein provided. Prior to the
adoption of such resolution, the council shall secure from the city engineer or some
competent person of its selection a report advising it in a preliminary way as to whether
the proposed improvement is feasible and as to sshethor it should best be made as
prcrosed or in connect ion with some other improvement and the estimated cost of the
iinmovement as recommended: but no error or omission in such report shall invalidate
the proceeding unless it materially prejudices the interests Of an owner. The council
may also take such other steps prior to the hearing, including, among other things, the
preparation of plans and specifications and the advertisement for bids thereon, as will
in its judgment provide helpful information in determining the desirability and feasi-
bill! y of the improvement. The hearing may be adjourned from time to time and a
resolution ordering the improvement may be adopted at any time within six months
after the date of the hearing by vote of a majority of all members of the council when
the improvement has been petitioned for by the owners of not less than 35 percent in
frontage of the real property abutting on the streets named in the petition as the location
of the improvement. When there has been no such petition, the resolution may be
adopted only by vote of four-tifths of all members of the council; provided that if the
mayor of the municipality is a member of the council but has no vote or votes only in
case of a tie, the mayor shall not be deemed to be a member for the purpose of
determining such four-fifths majority vote. The resolution ordering the improvement
may reduce, but not increase the extent of the improvement as stated in the notice of
hearing.
Subd. 2. Approval by park board or utilities commission. A resolution ordering
a park improvement may be adopted only by a four-fifths vote of the council and shall
also be approved by the park board, if there is one: provided, that if the mayor of the
municipality is a member of the council but has no vote or votes only in case of a tie.
the mayor shall not be deemed to be a member for the purpose of determining such
four-fifths majority vote. A resolution ordering an improvement of the water, sewer,
steam heating, street lighting or other facility over which a utilities commission has
jurisdiction shall also be approved by the utilities commission.
Subd. 3. Petition by all owners. Whenever all owners of real property abutting
upon any street named as the location of any improvement shall petition the council
to construct the improvement and to assess the entire cost against their property, the
council may, without a public hearing, adopt a resolution determining such fact and
ordering the improvement. The validity of the resolution shall not be questioned by any
taxpayer or property owner or the municipality unless an action for that purpose is
commenced within 30 days after adoption of the resolution as provided in section
429.036. Nothing herein prevents any property owner from questioning the amount
or validity of the special assessment against the owner's property pursuant to section
429.081. In the case of a petition for the installation of a fire protection or a pedestrian
skyway system, the petition must contain or be accompanied by an undertaking
satisfactory to the city by the petitioner that the petitioner will grant the municipality
the necessary property interest in the building to permit the city to enter upon the
property and the building to construct, maintain, and operate the fire protection or
pedestrian skyway system. In the case of a petition for the installation of a fire
protection or pedestrian skyway system which will be privately owned, the petition
shall also contain the plans and specifications for the improvement, the estimated cost
of the improvement and a statement indicating whether the city or the owner will
contract for the construction of the improvement. If the owner is contracting for the
construction of the improvement, the city shall not approve the petition until it has
reviewed and approved the plans, specifications, and cost estimates contained in the
petition. The construction cost financed under section 429.091 shall not exceed the
4:9.031 LOCAL IMPROVENILN1S, SPECIAL ASSESSNIENTS 8456
amount of the cost estimate contained in the petition. In the ease of a petition for the
installation of a fire protection or a pedestrian skyway system, the petitioner may
request abandonment of the improvement at any time after it has been ordered
pursuant to subdivision 1 and before contracts have been awarded for the construction
of the improvement under section 429.041. subdivision 2. If such a request is received,
the city council shall abandon the proceedings but in such case the petitioner shall
reimburse the city for any and all expenses incurred by the city in connection with the
improvement.
History: 1953 c 398 s 1955 c 81/s I; 1957 c 430s I; 1961 c 525s 1.2; 1963 c 771
s 1965 c 877s 2,- 1967 c 57 s 1.2; 1973 c 123 art 5 s 7: /984 c 548 s 5: 1984 c 582 s
4; 1984 c 591 s 3; 1984 c 633 s 3; 1956 c 444
429.035 IMPROVEMENTS, PETITION.
When any petition for the making of any improvement in any statutory city, town,
or city of the second, third, or fourth class, however organized, for the cost of which
special assessments may be, in whole or in part, levied therefor, is presented to the
governing body of the municipality, this body shall, by resolution, determine whether
or not the petition has been signed by the required percentage of owners of property
affected thereby.
History: (1918-33) 1927 c 311 s I; 1953 c 398s 12; 1961 c 338 s 2; 1973 c 123 art
5 s 7
429.036 APPEAL FROM DETERMINATION OF LEGALITY OF PETITION.
Any person, being aggrieved by this determination, may appeal to the distnct court
of the county in which the property is located by serving upon the clerk of the
municipality, within 30 days after the adoption and publication of the resolution, a
notice of appeal briefly stating the grounds of appeal and giving a bond in the penal sum
of $250, in which the municipality shall be named as obligee, to be approved by the
clerk of the municipality, conditioned that the appellant will duly prosecute the appeal,
pay all costs and disbursements which may be adjudged against the appellant, and abide
by the order of the court. The clerk shall furnish the appellant a certified copy of the
petition, or any part thereof. on being paid by appellant of the proper charges therefor.
The appeal shall be placed upon the calendar of the next general term commencing
more than 30 days alter the date of serving the notice and filing the bond and shall be
tried as are other appeals in such cases. Unless reversed upon the appeal, the determi-
nation of the governing body as to the sufficiency of the petition shall be final and
conclusive.
History: (/918.3451927 c 311 s 2; 1986 c 444
429.04 [Repealed, 1953 c 398 s 13]
429.041 COUNCIL PROCEDURE.
Subdivision I . Plans and specifications. advertisement for bids. When the council
determines to make any improvement, it shall let the contract tor all or part of the work.
or order all or part of the work done by day labor or otherwise as authorized by
subdivision 2, no later than one year after the adoption of the resolution ordering such
improvement, unless a different time limit is specifically stated in the resolution
ordering the improvement. The council shall cause plans and specifications of the
improvement to he made, or if previously made, to be modified, if necessary, and to
be approved and filed with the clerk, and if the estimated cost exceeds $5,000, shall
advertise for bids for the improvement in the newspaper and such other papers and for
such length of time as it may deem advisable. If the estimated cost exceeds $100,000,
publication shall be made no less than three weeks before the last day for submission
of bids once in the newspaper and at least once in either a newspaper published in a
city of the first class or a trade paper. To be eligible as such a trade paper, a publication
shall have all the qualifications of a legal newspaper except that instead of the require.
Names and addresses of Petitioners
(Must be owners of record)
CITY OF EDEN PRAIRIE, MINNESOTA
100t PETITION FOR LOCAL IMPROVEMENTS
'CO.THE EDEN PRAIRIE CITY COUNCIL*
The undersigned are all the fee.dWners of the real property described
below and herein petition for the Eden Prairie City Council to proceed
with making the following described improvements:
(General Location)
Sanitary Sewer
Watermain
-Storm .Sewer
'Street Paving
',// :Other IF VI CJP-Irdhir4,1171
Pursuant to M.B.A. 429.031, Subd. 3, the undersigned hereby waive any
public hearing to be held on said improvements, and further state and
agree that the total cost of said improvements shall be specially as-
sessed against the property described below in accordance with the
City's special Assessment policies. We furtkier understand that t..,11
preliminary, estimated total cost for the said improvements is L44.),i i e/e3 .:5
Street Address or other Legal
Description of Property to be Served
Qs
N Or) 7-_64_ i L. 'W t)ck ,A33 L A k
\q 6A 1144 1'4 s_s '1_1 A
(For city Use)
Date Received
Project No.
Council Consideration
NOV-14-09 TUE 17:30
,^)/
218 387 2539 P.03
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 089-207
RESOLUTION APPROVING THE PRELIMINARY PLAT OF SANDY
P
O
I
N
T
E
F
O
R
SANDY POINTE PARTNERSHIP
BE IT RESOLVED, by the Eden Prairie City Council as
f
o
l
l
o
w
s
:
That the preliminary plat of Sandy Pointe for
S
a
n
d
y
P
o
i
n
t
e
P
a
r
t
n
e
r
s
h
i
p
,
d
a
t
e
d
October 17, 1989, consisting of 11.2 acres into 1
3
s
i
n
g
l
e
f
a
m
i
l
y
l
o
t
s
,
2
o
u
t
l
o
t
s
,
and road right-of-way, a copy of which is on file
a
t
t
h
e
C
i
t
y
H
a
l
l
,
i
s
f
o
u
n
d
t
o
b
e
in conformance with the provisions of the Ede
n
P
r
a
i
r
i
e
Z
o
n
i
n
g
a
n
d
P
l
a
t
t
i
n
g
ordinances, and amendments thereto, and is herein a
p
p
r
o
v
e
d
.
ADOPTED by the Eden Prairie City Council on the 21
s
t
d
a
y
o
f
N
o
v
e
m
b
e
r
,
1
9
8
9
.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
ely you
James AylZachman
GeneralCpartner
November 7, 1989
All Members
Eden Hills Association
REF: Sandy Pointe
After many meetings and considerabl
e
d
i
s
c
u
s
s
i
o
n
s
,
i
t
a
p
p
e
a
r
s
t
h
a
t
the development plan for Sandy Pointe
w
i
t
h
t
h
e
l
e
a
s
t
o
b
j
e
c
t
i
o
n
i
s
the plan that was recommended by th
e
C
i
t
y
S
t
a
f
f
a
n
d
a
p
p
r
o
v
e
d
b
y
t
h
e
Planning Commission.
To compensate all of the members of
E
d
e
n
H
i
l
l
s
f
o
r
t
h
e
f
a
c
t
t
h
a
t
t
h
e
y
will not have direct vehicular acce
s
s
t
o
t
h
e
r
e
c
r
e
a
t
i
o
n
a
l
l
o
t
,
a
s
Corral Lane would end in a cul-de-s
a
c
,
S
a
n
d
y
P
o
i
n
t
e
P
a
r
t
n
e
r
s
h
i
p
o
f
f
e
r
s
to pay $30,000 to the association.
S
a
i
d
f
u
n
d
s
t
o
b
e
c
o
l
l
e
c
t
e
d
b
y
the city at the time of final plat
f
i
l
i
n
g
.
D
i
r
e
c
t
a
c
c
e
s
s
f
o
r
b
i
c
y
c
l
e
and pedestrian traffic will be provid
e
d
.
To assure privacy of the recreationa
l
l
o
t
t
h
e
e
n
d
o
f
t
h
e
c
u
l
-
d
e
-
s
a
c
on Sandy Pointe Road will be bermed
a
n
d
l
a
n
d
s
c
a
p
e
d
a
n
d
a
n
e
n
t
r
a
n
c
e
gate and short driveway will be provi
d
e
d
.
Ed Martin has offered the use of his
h
o
m
e
a
t
1
5
8
1
0
C
e
d
a
r
R
i
d
g
e
R
d
to finalize these plans at 7:30 P.M.
o
n
T
h
u
r
s
d
a
y
,
N
o
v
.
9
t
h
.
.
'ApProv
, „e(James.p4"7-7acnman
' Vice ,President
•,,',
•Dc•-siLl
November 13, 1898
Eden Hills Association
Eden Prairie, MN. 553 47
City Council of Eden Prairie 7600 Executive Drive
Eden Prairie. MN. 5 5344
Dear Council Members:
Since the council meeting of O
c
t
o
b
e
r
.
K
e
n
t
H
a
r
k
e
r
a
n
d
F
l
o
y
d
Hagen. both of whom spoke at th
e
c
o
u
n
c
i
l
m
e
e
t
i
n
g
,
m
y
s
e
l
f
,
and Mr. Zachman, the developer
, have had several discussions and meetings to resolve the rem
a
i
n
i
n
g
i
s
s
u
e
s
o
n
t
h
e
p
r
o
p
o
s
e
d
Sandy Pointe Plat. The results
o
f
t
h
e
s
e
d
i
s
c
u
s
s
i
o
n
s
w
e
r
e
presented at an association mee
t
i
n
g
o
n
N
o
v
e
m
b
e
r
8
t
h
.
i
t
w
a
s
concluded by the majority of t
h
e
m
e
m
b
e
r
s
t
o
r
e
c
o
m
m
e
n
d
t
h
a
t
the plan as approved by the Pl
a
n
n
i
n
g
c
o
m
m
i
s
s
i
o
n
b
e
a
c
c
e
p
t
e
d
by the Council. We specificall
y
r
e
q
u
e
s
t
t
h
e
f
o
l
l
o
w
:
O. The total number of lots app
r
o
v
e
d
r
e
m
a
i
n
a
t
1
2
O. Corral Lane be terminated at
l
o
t
2
6
a
s
a
c
u
l
-
d
e
-
s
a
c
O. A trail to connect Corral L
a
n
e
a
n
d
S
a
n
d
y
P
o
i
n
t
e
R
o
a
d
O. All access to Sandy Pointe b
e
v
i
a
M
i
t
c
h
e
l
l
R
o
a
d
.
O. Construction of gate on the
r
e
c
r
e
a
t
i
o
n
a
l
l
o
t
t
o
limit access to the area.
The Association agreed to acce
p
t
M
r
.
Z
a
c
h
m
a
n
'
s
o
f
f
e
r
o
f
$30,000 as compensation for vac
a
t
i
n
g the present Corral Lane Plat ending at lot
2
6
a
n
d
t
h
e
a
d
d
i
t
i
o
n
a
l
inconvenience of access to our
r
e
c
r
e
a
t
i
o
n
a
l
l
o
t
.
Discussion have been held betw
e
e
n
M
r
.
Z
a
c
h
m
a
n
a
n
d
t
h
e
Association on a swap of part o
f
t
h
e
r
e
c
r
e
a
t
i
o
n
a
l
l
o
t
f
o
r
approximately 100 feet of lakes
h
o
r
e
.
c
o
n
s
t
r
u
c
t
i
o
n
o
f
a
b
e
r
m
.
landscapin g and a gate to limit access to
t
h
e
r
e
c
r
e
a
t
i
o
n
a
l
area. Documents are being dra
f
t
e
d
n
o
w
t
o
f
o
r
m
a
l
i
z
e
t
h
i
s
transaction. The outcome of t
h
i
s
s
w
a
p
i
s
n
o
t
a
c
o
n
d
i
t
i
o
n
o
n
our recommendation that the p
l
a
t
a
p
p
r
o
v
e
d
b
y
t
h
e
P
l
a
n
n
i
n
g
Commission be approved by the
C
o
u
n
c
i
l
.
Sip,seveiy
7(2177 : --) Ed Frartin
President
Planning Commission Minutes 9 September 25, 1989
C. SANDY POINT, by Sandy Pointe Partnership. Request for
Zoning District Change from Rural to R1-22 on 6.0 acres,
Preliminary Plat of 11.2 acres into 13 single family lots,
two outlots, and road right-of-way. Location: East and
west of Corral Lane, south of Red Rock Lake.
Bob Smith, representing the proponent, stated that Lot 27
on the west side of Corral Lane was presently zoned R1-22
and the parcel to the east of Corral Lane was zoned Rural.
Lot 28 was a recreational lot for the Eden Hills
subdivision. Lot 27 was exempt from tile covenants of the
Eden Hills subdivision. The proponent had investigated
three possible road alignments; 1) leaving Corral Lane in
its present location to allow the development of 6 lots on
the west side, 1 lot on the peninsula, and 6 lots on a
cul-de-sac, 2) Corral Lane would be moved to the western
border of the property allowing the development of 7
lakeshore lots, or 3) the connection between Corral Lane
and Mitchell Road as per the Staff recommendation. The
project was design for 13 lots at 1.1 units per acre. The
lot sizes and widths would be equivalent to that of the
Eden Hills development. Two of the lakeshore lots would
not meet the 70-foot building pad sizes, the plan proposed
50-foot pads. Trees would not be removed along the
lakeshore; however, some trees in the southern portion of
the parcel would be removed.
Sandstad asked Smith if the two lots on the west side of
the road would have any recreational space dua to the
steep grade for the rear yards. Smith replied that there
would be an opportunity for retaining walls and terracing
to be used on these lots. Sandstad then asked if the
slope would be 3-to-1. Smith replied yes and added that
there was a swail which discharged the water around the
site.
Franzen reported that transition to the existing Eden
Hills subdivision was a key issue. Staff recommended the
proponent reduce the project by 1 lot by combining lots 1
and 2. The plans should be revised to eliminate the
connection from Corral Lane to Sandy Point Road or design
Corral Lane as a one-way street with a median at Sandy
Pointe Road. Final Plat approval and 2nd Reading should
not occur until the contract for Mitchell Lake has been
awarded.
Anderson asked if Staff was concerned about the 50-foot
building pads along the lakeshore. Franzen believed that
based on the dimensions of the two lots the proponent
would probably construct a longer and narrower home on
these sites. Anderson then asked if decks could be built
on the lots. Franzen replied that the print only showed a
possible footprint; however, decks would not be allowed
because of the easement on the lots. Anderson asked if
Planning Commission Minutes 10 September 25, 1989
any sidewalk or trail system was proposed. Smith replied
that a sidewalk was proposed along the east side of Corral
Lane and 8-foot bituminous trail along Mitchell Road.
Ed Martin, 15810 Cedar Ridge Road, President of the Eden
Hills Homeowners' Association, stated that the neighbors
were not opposed to the development of the neighborhood;
however, they would request the rejection of the plan as
proposed. Martin believed the density of the project was
too high and questioned if the plan as designed was
compatible with the adjacent lots. Lots 1, 2, and 3 were
barely 22,000 square feet and abutted lots which were over
one acre. The position of lots 1 and 2 would require an
8-foot cut in grade, which would create a hardship for the
lots in the Eden Hills subdivision. The alignment of
Corral Lane should remain as platted currently. Corral
Lane currently acts as a natural barrier for the lake.
Martin believed that Eden Prairie needed more green space
and proposed that only 2-to-3 homes be developed in Lot
27. The neighbors would prefer that access to the new
development be from Mitchell Road and that the cul-de-sac
remain closed. Martin believed that opening the cul-de-
sac would encourage short-cuts from Mitchell Road to
County Road #4.
Alan Jarman, 15710 Corral Lane, stated that the
neighborhood of Eden Hills was a quite neighborhood and
believed that the new development would increase the
traffic. Jarman was concerned for the safety of the
children in the neighborhood with the traffic increase.
Jarman did not believe that a directional island would
help decrease the traffic.
Mike Junck, 15702 Cedar Ridge Road, stated that he lived
adjacent to Lot 27 and concurred with the recommendation
to by Martin to limit the development to only 2-to-3 homes
on Lot 27. Junck was concerned that his lakeview would be
taken away.
Floyd Hagen, 15802 Cedar Ridge Road, stated that the
recreational area was protected by covenants and had
always been considered as part of the neighborhood. Hagen
was concerned about the density of the project and the
impact of 2-to-3 story homes in these locations. Hagen
was also concerned about the increase in traffic. Hagen
questioned how the use of the beach area could continue to
be restricted. Hagen was concerned that the Homeowners'
Association members would now be cutoff from easy access to the recreational lot.
David Newman, 6959 Tartan Lane, believed that this project
would impact his property, even though the development was
not adjacent to his property. Newman questioned the
impact a zoning change would have on the need for
Planning Commission Minutes 11 September 25, 1989
additional City services, the impact on property taxes,
the impact on the current inventory of existing homes, and
the affect on current sales and pricing of existing homes
in the area. Newman believed that this item should be
tabled until answers to these questions could be obtained.
Virginia Gartner, 15701 Cedar Ridge Road, stated that Lot
27 was actually flat and sloped to the lake. Gartner
believed that the plans which showed a steep slope on the
two lots to the west of Corral Lane were deceptive.
Gartner believed that the density of the project was too
high.
Smith believed that the lot values and home values would
provide a transition. The value of the homes would be
approximately $300,000. Smith stated that the beach would
remain a private beach. Smith noted that Lot 27 was
currently zoned for R1-22 development. The two lots to
the west of Corral Lane could have retaining walls built
as the area above this was the flat area referred to by
Mrs. Gartner.
Sandstad stated that he would not be in favor of the cul-
de-sac without a connection between Corral Drive and
Mitchell Road.
Martin stated that the neighbors were willing to drive
around to County Road 114 to gain access to the
recreational area and preferred the closed cul-de-sac.
Hallett stated that he believed that the project was too
crowded; however, he did not believe that only 2 or 3 lots
was reasonable. Hallett believed that the proponent
should be more sensitive to the concerns of the existing
neighbors.
Bye stated that the road as proposed by the proponent
would act as a transition.
Anderson stated that the neighbors seemed to be more
concerned about the visual Impact of the project, rather
than transition.
Hallett did not believe that legitimate reasons for denial
of the project had been presented. Hallett asked if the
lots on the west side of Corral Lane could be kept at the
present R1-22 zoning. Franzen replied yes.
Sandstad believed that if the plan was reduced by 1 lot as
recommended it would be more acceptable.
Bye asked what help could be given to protect the view of the existing homes. Franzen replied that if the covenant
restricted the development of only 1-story homes it would
Planning Commission Minutes
12 September 25, 1989
be the responsibility of the property owne
r
t
o
enforce the covenant. Smith replied that the existing
h
o
m
e
s
w
e
r
e
6
0
feet higher than the proposed homes and th
a
t
a
2
-
s
t
o
r
y
home would be approximately 20 feet in hei
g
h
t
,
w
h
i
c
h
should not restrict the view of the lake.
J
u
n
c
k
s
t
a
t
e
d
that he was concerned about the view being
b
l
o
c
k
e
d
b
y
t
h
e
proposed location of the corner home on th
e
p
e
n
i
n
s
u
l
a
.
Martin stated that he would like to readdre
s
s
s
o
m
e
o
f
t
h
e
issues raised tonight with the Association
m
e
m
b
e
r
s
.
Smith noted that the layout as proposed met
a
l
l
ordinances.
Anderson stated that he would like to see c
o
n
t
i
n
u
e
d
cooperation between the neighborhood and th
e
p
r
o
p
o
n
e
n
t
t
o
work out a reasonable solution. Smith stat
e
d
t
h
a
t
t
w
o
neighborhood meetings had already been con
d
u
c
t
e
d
.
S
m
i
t
h
further recommended that the proposal be co
n
s
i
d
e
r
e
d
a
s
presented with the removal of 1 lot.
Bye stated that she would like to have Publ
i
c
S
a
f
e
t
y
review the road alignment issues. Smith st
a
t
e
d
t
h
a
t
Public Safety had referred the matter bac
k
t
o
P
l
a
n
n
i
n
g
Staff.
Martin stated that the neighborhood wanted
t
o
l
i
v
e
w
i
t
h
the 1300 foot cul-de-sac and did not under
s
t
a
n
d
t
h
e
n
e
e
d
to change this.
Jim Zachman, the developer, stated that he
d
i
d
n
o
t
w
a
n
t
t
o
make the connection to Mitchell Road and h
a
d
p
r
o
p
o
s
e
d
t
h
e
one-way as an alternative. Zachman stated
t
h
a
t
t
h
e
expense of making the connection to Mitche
l
l
R
o
a
d
w
o
u
l
d
need to be offset by the construction of h
i
g
h
e
r
p
r
i
c
e
d
homes on the site. Zachman added that he
w
a
s
i
n
a
g
r
e
e
m
e
n
t
with the neighborhood that the connection
t
o
M
i
t
c
h
e
l
l
R
o
a
d
should not be made.
Sandstad believed that the proposal should
b
e
d
e
v
e
l
o
p
e
d
a
s
planned with the elimination of 1 lot as re
c
o
m
m
e
n
d
e
d
b
y
Staff. Sandstad believed that the connecti
o
n
s
h
o
u
l
d
b
e
made to Mitchell Road.
Zachman stated that the road alignment had
b
e
e
n
d
i
s
c
u
s
s
e
d
in depth. To make the connection to Mitche
l
l
R
o
a
d
i
t
would require the development of $300,000 h
o
m
e
s
t
o
c
o
v
e
r
the costs of the connection. Zachman state
d
t
h
a
t
h
e
wanted to have the right to develop the pro
p
e
r
t
y
w
i
t
h
o
u
t
disturbing the existing neighborhood.
Bye stated that she could support the cul-d
e
-
s
a
c
p
r
o
p
o
s
a
l
with a walkway. Franzen recommended the c
o
n
s
i
d
e
r
a
t
i
o
n
o
f
the cul-de-sac with knock-down barriers.
B
y
e
b
e
l
i
e
v
e
d
Planning Commission Minutes 13 September 25, 1989
that the character of the existing neighborhood should be
protected.
MCITI01. 1:
Sandstad moved, seconded by Anderson to close the public
hearing. Motion carried 6-0-0.
MOTION 2:
Dodge moved, seconded by Bauer to recommend to the City
Council approval of the request of Sandy Pointe
Partnership for Zoning District Change from Rural to R1-22
on 6.0 acres for single family residential development to
be known as Sandy Pointe, based on plans dated September
22, 1989, subject to the recommendations of the Staff
Report dated September 22, 1989 with the clarification
that Corral Lane end at Lot 27 and that 1 lot of Lots 1
and 2 be removed. Motion carried 6-0-0.
MOTION 3:
Dodge moved, seconded by Bauer to recommend to the City
Council approval of the request of Sandy Pointe
Partnership for Preliminary Plat of 11.2 acres into 12
single family lots, two outlots and road right-of-way, for
residential development to be known as Sandy Pointe, based
on plans based on plans dated September 22, 1989, subject
to the recommendations of the Staff Report dated September
22, 1989 with the clarification that Corral Lane end at
Lot 27 and that 1 lot of Lots 1 and 2 be removed. Motion
carried 6-0-0.
D. MOOREHEAD. 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
four single family lots, two outlots, and road right-of-
way. Location: 9969 Bennett Place.
Bob Smith, representing the proponent, presented that
plans for the development of 4 lots on 1.77 acres, which
would consist of the existing home with the addition of 3
new homes. Land would be dedicated for a portion of the
cul-de-sac. A variance would be necessary for street
frontage on Lot #4. Smith noted that Staff had
recommended that access to Lot 4 be provided through a
driveway until the property to the south would be
developed, at which time a City street would be
constructed.
Sandstad asked if the Johnson's had been contacted
regarding the proposal for a cul-de-sac. Franzen replied
that the proponent was looking at an interim situation.
Franzen reported that tree loss was approximately 34% for
APPROVED MINUTES
EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Oct. 2, 1989
-3-
V. DEVELOPMENT PROPOSALS
A. Sandy Pointe
Refer to memo dated September 29, 1989 from Barb Cross,
Landscape Architect and staff report dated September
22, 1989.
Bob Smith of Krueger & Associates was present at the
meeting to review the proposal. Smith introduced Jim
Zachman of Sandy Pointe Partnership.
The site is located south of Red Rock Lake, east and
west of Corral Lane. The proposed development is for
13 lots on 11.2 acres. Several neighbors have expressed
concern about the development. They feel that Corral
Lane should end in a cul-de-sac and the developer is
reducing the number of lots by one because of their
concern for a better transition. City staff has suggested
a sidewalk on the west side of Sandy Pointe and a trail
connecting to Corral Lane. 21 caliper inches of trees
will be replaced.
Cross reported that all lots meet the shoreland management
ordinance. Total tree loss is 16.5% and they will
replaced per the tree replacement ordinance. A sidewalk
will be constructed on the west side of Sandy Pointe
Road and staff is also recommending a trail connection
in the right-of-way to reach the outlot and proceed
to Co. Rd. 4. She said it is her understanding that
the two developments will share a common association.
Smith added that the two developments in this area
will be independent associations.
Zachman commented that at the present time, the residents
have use of the entire beach and, hopefully, this will
continue.
Cross added that the original homeowner's association
had proposed that the City purchase the parkland and
lakeshore all the way to the City park in Boulder Pointe.
Richard asked why the City wasn't interested. Lambert
said it would have been too expensive to acquire this
land.
-- -
APPROVED MINUTES
EDEN PRAIRIE PARKS, REC. & NATURAL RE
S
O
U
R
C
E
S
C
O
M
M
.
O
c
t
.
2
,
1
9
8
9
-4-
Cook asked if an easement will be nece
s
s
a
r
y
o
n
t
h
e
south end of Sandy Pointe for an aspha
l
t
t
r
a
i
l
.
C
r
o
s
s
said that it is currently platted as
a
r
i
g
h
t
-
o
f
-
w
a
y
so this will not be a problem.
Lambert indicated that the connection
t
o
C
o
r
r
a
l
L
a
n
e
should be a 5' sidewalk rather than 8'
a
s
p
h
a
l
t
.
Cook asked if anything needs to be in
c
l
u
d
e
d
i
n
t
h
e
recommendation about the two homeowner
s
a
s
s
o
c
i
a
t
i
o
n
s
.
Cross said the City has no control wha
t
s
o
e
v
e
r
o
v
e
r
this.
MOTION: Cook moved to recommend approv
a
l
o
f
S
a
n
d
y
P
o
i
n
t
e
per staff recommendation. Richard sec
o
n
d
e
d
t
h
e
m
o
t
i
o
n
and it passed 4-0.
B. Tech 10
Refer to memo dated September 29, 198
9
f
r
o
m
B
a
r
b
C
r
o
s
s
,
Landscape Architect and staff report
d
a
t
e
d
S
e
p
t
e
m
b
e
r
8, 1989.
Bob Smith of Krueger & Associates rev
i
e
w
e
d
t
h
e
p
r
o
p
o
s
e
d
development. The site is located west
o
f
G
o
l
d
e
n
T
r
i
a
n
g
l
e
Drive north of 74th St. The developer
i
s
p
r
o
p
o
s
i
n
g
a 74,000 sq. ft. office/warehouse on
5
.
6
a
c
r
e
s
.
T
h
e
entire west side of the site will rema
i
n
i
n
i
t
s
n
a
t
u
r
a
l
state. 22% of the existing trees will
b
e
r
e
m
o
v
e
d
a
n
d
the developer will replace 268 caliper
i
n
c
h
e
s
i
n
T
e
c
h
10 and 545 caliper inches in Tech 9.
T
h
e
r
e
i
s
a
n
8
'
bituminous trail along the entire leng
t
h
o
f
G
o
l
d
e
n
Triangle Drive.
Cross said that the grading on this s
i
t
e
w
i
l
l
b
e
q
u
i
t
e
severe as indicated with the 70' grad
e
c
h
a
n
g
e
b
e
c
a
u
s
e
of a hill. At one point on the site,
t
h
e
r
e
w
i
l
l
b
e
a 50 cut and 10' of fill. Cross adde
d
t
h
a
t
s
h
e
s
h
o
w
s
a 41.5% tree loss.
Smith said that his numbers were calcu
l
a
t
e
d
u
s
i
n
g
n
o
t
only Tech 9 and 10, but with the entir
e
s
i
t
e
c
o
n
s
i
d
e
r
e
d
as one development. He added that the
e
a
s
t
e
r
n
p
o
r
t
i
o
n
of Golden Triangle Drive was originall
y
a
g
r
a
v
e
l
p
i
t
.
Cross said that the developer has done
a
l
l
t
h
a
t
i
s
possible to preserve trees. The Planni
n
g
C
o
m
m
i
s
s
i
o
n
has approved this development. She add
e
d
t
h
a
t
t
h
e
r
e
is an opening along the existing trai
l
.
32-4543
AREA LOCATION MAP 1
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE OWNER:
REDUEST:
Planning Commission
Donald R. Uram, Assistant Planner
Chris Enger, Director of Planning
September 22, 1989
Sandy Pointe
East and west of Corral Lane, south of Red Rock Lake
Sandy Pointe Partnership
1. Zoning District Change from Rural to R1-22 on 6.0 acres.
2. Preliminary Plat of 11.2 acres into 13 single family lots
,
2
outlots, and road right-of-way.
Background
This 11.2 acre site is currently
guided Low Density Residential with
approximately 6.0 acres zoned R1-22.
Surrounding properties on all sides
are also guided Low Density
Residential. Specific land uses in
this area include large lots, zoned
Rural to the south; Boulder Pointe,
zoned Rural to the east; and the
Eden Hills 1st Addition, zoned R1-22
to the west. Red Rock Lake abuts
this property on the north and east
sides. The proponent is currently
requesting a Zoning District Change
from Rural to R1-22 on approximately
6.0 acres to allow for the
construction of 13 single family
lots.
Site Plan/Preliminary Plat
The site plan depicts the sub-
division of the 11.2 acre property
into 13 single family lots, 2
outlots, and road right-of-way. A
density of 1.16 units per acre is
proposed. Lot sizes within the
subdivision range from a minimum of
22,000 square feet to a maximum of
Sandy Pointe 2 September 22, 1989
74,000 square feet. The average lot size is 30,265 square fe
e
t
.
A
l
l
o
f
t
h
e
l
o
t
s
meet the minimum requirements of the R1-22 Zoning District.
Outlot A, a remnant parcel containing approximately 315 square
f
e
e
t
t
o
t
h
e
s
o
u
t
h
o
f
the proposed Mitchell Road extension, should be combined with t
h
e
a
d
j
a
c
e
n
t
p
r
o
p
e
r
t
y
at time of development. Outlot B, containing approximately 20,2
0
0
s
q
u
a
r
e
f
e
e
t
i
s
t
o
be placed under common own2rship which would allow the homeown
e
r
s
w
i
t
h
i
n
t
h
e
S
a
n
d
y
Pointe subdivision access to Red Rock Lake.
Access
Access to the subdivision will be provided by the future extensi
o
n
o
f
M
i
t
c
h
e
l
l
R
o
a
d
to County Road fl along the south boundary of this property. A f
e
a
s
i
b
i
l
i
t
y
s
t
u
d
y
i
s
currently underway for the construction of Mitchell Road. Becau
s
e
t
h
i
s
s
u
b
d
i
v
i
s
i
o
n
relies on access from Mitchell Road, 2nd Reading and final plat
a
p
p
r
o
v
a
l
s
h
a
l
l
n
o
t
occur until the contract for Mitchell Road has been awarded
.
I
t
i
s
t
h
e
C
i
t
y
'
s
intention to begin construction in the spring of 1990. The exten
s
i
o
n
o
f
t
w
o
c
u
l
-
d
e
-
sacs from Mitchell Road will service the actual project site.
With the review of the Red Rock Ranch proposal in 1982 - 1984,
n
u
m
e
r
o
u
s
d
i
s
c
u
s
s
i
o
n
s
were held concerning the Corral Lane connection to Mitchel
l
R
o
a
d
w
i
t
h
u
l
t
i
m
a
t
e
development. In a report dated January 6, 1983, Staff r
e
c
o
m
m
e
n
d
e
d
t
h
a
t
t
h
e
connection from this development (Red Rock Ranch) to Corral L
a
n
e
c
o
u
l
d
b
e
m
a
d
e
a
s
one of the alternatives illustrated (see Attachment A).
S
p
e
c
i
f
i
c
a
l
l
y
,
S
t
a
f
f
recommended that the connection should be made in the fu
t
u
r
e
f
o
r
t
h
e
i
n
t
e
r
-
connection of neighborhoods and to provide two ways out
o
f
C
o
r
r
a
l
L
a
n
e
.
T
h
e
connection should not be made in such a way as to encourage the
s
h
o
r
t
c
u
t
t
i
n
g
o
f
t
h
e
County Road #1 and County Road #4 intersection. The road co
n
n
e
c
t
i
o
n
s
h
a
l
l
n
o
t
b
e
made until the extension of sewer into the Corral Lane area a
n
d
r
e
c
o
n
s
t
r
u
c
t
i
o
n
o
f
the roads has taken place." This recommendation was included
i
n
t
h
e
t
h
e
M
a
r
c
h
2
7
,
1984 Developer's Agreement between Robert H. Mason, Inc. a
n
d
t
h
e
C
i
t
y
o
f
E
d
e
n
Prairie. The Eden Hills 1st Addition neighborhood remains extre
m
e
l
y
c
o
n
c
e
r
n
e
d
a
b
o
u
t
the connection from Corral Lane to Mitchell Road and the pos
s
i
b
i
l
i
t
y
f
o
r
s
h
o
r
t
-
cutting traffic which Staff agrees may occur. In regards to t
h
i
s
i
s
s
u
e
,
t
h
e
r
e
a
r
e
two alternatives for the Planning Commission to consider:
1. The Planning Commission may take into consideration neighborho
o
d
a
n
d
Staff concerns regarding the short-cutting of traffic and reco
m
m
e
n
d
that Corral Lane end in a cul-de-sac on Lot 26, Eden Hill
s
1
s
t
Addition. This would allow for a closed neighborhood, however
w
o
u
l
d
result in Corral Lane ending in a 1,300 foot cul-de-sac while
C
e
d
a
r
Ridge Road would continue to be a 1,600 foot long cul-de-sac.
2. The second alternative for the Planning Commission to consider
w
o
u
l
d
be to require the connection made as shown on the plans when Co
r
r
a
l
Lane and Cedar Ridge Road are upgraded. The design for
t
h
e
connection of Corral Lane would be one-way street with a medi
a
n
i
n
Sandy Pointe Road which would allow only a right in, right out
f
r
o
m
that subdivision. This would deter the traffic from short-cut
t
i
n
g
the neighborhood from Mitchell Road to County Road #4 hut provid
e
a
n
additional way out of the neighborhood for residents and emerg
e
n
c
y
vehicles.
3. The third alternative would be to leave Corral Lane as i
t
i
s
currently platted and not provide a connection to Mitchell Road.
9'14
Sandy Pointe 3 September 22, 1989
The proponent is requesting that the ex
i
s
t
i
n
g
C
o
r
r
a
l
L
a
n
e
w
i
t
h
i
n
t
h
e
p
r
o
p
e
r
t
y
b
e
vacated and realigned as indicated on th
e
p
l
a
n
s
.
T
h
e
c
u
r
r
e
n
t
p
l
a
t
t
e
d
r
i
g
h
t
-
o
f
-
w
a
y
is approximately 30 feet from Red Rock
L
a
k
e
w
h
i
l
e
t
h
e
p
r
o
p
o
s
e
d
S
a
n
d
y
P
o
i
n
t
e
R
o
a
d
will ultimately be approximately 200 fe
e
t
f
r
o
m
t
h
e
l
a
k
e
.
T
h
e
p
u
r
p
o
s
e
o
f
t
h
e
r
o
a
d
realignment is to allow for the develop
m
e
n
t
o
f
l
o
t
s
a
d
j
a
c
e
n
t
R
e
d
R
o
c
k
L
a
k
e
.
W
i
t
h
the current Corral Lane right-of-way, f
i
v
e
l
o
t
s
c
o
u
l
d
b
e
s
u
b
d
i
v
i
d
e
d
f
r
o
m
L
o
t
2
7
,
Block 2 which was originally platted with
t
h
e
E
d
e
n
H
i
l
l
s
1
s
t
A
d
d
i
t
i
o
n
f
o
r
a
t
o
t
a
l
o
f
12 lots overall. The proposed realignment
w
o
u
l
d
a
l
l
o
w
f
o
r
1
3
l
o
t
s
.
Transition
The Eden Hills 1st Addition was platte
d
i
n
1
9
5
6
w
i
t
h
l
o
t
s
r
a
n
g
i
n
g
i
n
s
i
z
e
f
r
o
m
approximately 22,000 square feet to lots
i
n
e
x
c
e
s
s
o
f
t
h
r
e
e
a
c
r
e
s
.
T
h
e
a
v
e
r
a
g
e
l
o
t
size within the subdivision is approximat
e
l
y
4
4
,
4
0
0
s
q
u
a
r
e
f
e
e
t
.
H
o
w
e
v
e
r
,
2
1
o
f
t
h
e
29 lots are less than 1 acre in size. The
a
v
e
r
a
g
e
o
f
t
h
e
l
o
t
s
w
h
i
c
h
a
r
e
l
e
s
s
t
h
a
n
1
acre in size is approximately 32,650 squa
r
e
f
e
e
t
w
h
i
c
h
i
s
c
o
m
p
a
r
a
b
l
e
t
o
t
h
e
a
v
e
r
a
g
e
lot size proposed within Sandy Pointe
.
L
o
t
s
d
i
r
e
c
t
l
y
a
b
u
t
t
i
n
g
t
h
e
p
r
o
p
o
s
e
d
subdivision range in size from approxim
a
t
e
l
y
o
n
e
a
c
r
e
t
o
a
l
o
t
e
x
c
e
e
d
i
n
g
t
h
r
e
e
acres. The densities of the two projects
a
r
e
c
o
m
p
a
r
a
b
l
e
a
t
a
p
p
r
o
x
i
m
a
t
e
l
y
o
n
e
u
n
i
t
per acre.
To provide a transition between existing
s
i
n
g
l
e
f
a
m
i
l
y
n
e
i
g
h
b
o
r
h
o
o
d
s
a
n
d
i
n
f
i
l
l
developments, the Planning Commission a
n
d
C
i
t
y
C
o
u
n
c
i
l
h
a
v
e
c
o
n
s
i
d
e
r
e
d
m
a
k
i
n
g
abutting lots the same size or matching
l
o
t
l
i
n
e
s
.
H
i
s
t
o
r
i
c
a
l
l
y
,
t
h
i
s
h
a
s
n
o
t
b
e
e
n
done in this area as indicated by the Re
d
R
o
c
k
L
a
k
e
1
s
t
A
d
d
i
t
i
o
n
p
l
a
t
t
e
d
d
i
r
e
c
t
l
y
t
o
the north. The abutting lots within t
h
i
s
s
u
b
d
i
v
i
s
i
o
n
a
r
e
2
6
,
4
0
0
s
q
u
a
r
e
f
e
e
t
i
n
size. Although the abutting lots within
S
a
n
d
y
P
o
i
n
t
e
m
e
e
t
t
h
e
m
i
n
i
m
u
m
r
e
q
u
i
r
e
m
e
n
t
s
of the R1-22 Zoning District, the Planni
n
g
C
o
m
m
i
s
s
i
o
n
m
u
s
t
d
e
c
i
d
e
w
h
e
t
h
e
r
t
h
e
s
e
l
o
t
s
are compatible with the overall devel
o
p
m
e
n
t
i
n
t
h
i
s
a
r
e
a
o
r
w
h
e
t
h
e
r
a
d
d
i
t
i
o
n
a
l
transition is needed. If this devel
o
p
m
e
n
t
i
s
n
o
t
c
o
m
p
a
t
i
b
l
e
,
t
h
e
P
l
a
n
n
i
n
g
Commission may consider a reduction in
l
o
t
s
t
o
a
l
l
o
w
f
o
r
a
n
i
n
c
r
e
a
s
e
i
n
l
o
t
s
i
z
e
s
adjacent Eden Hills 1st Addition.
Grading.
Elevations on this site range from a l
o
w
p
o
i
n
t
o
f
a
p
p
r
o
x
i
m
a
t
e
l
y
8
3
9
a
d
j
a
c
e
n
t
R
e
d
Rock Lake to a high point of 874 along t
h
e
w
e
s
t
p
r
o
p
e
r
t
y
l
i
n
e
.
M
a
x
i
m
u
m
c
u
t
a
n
d
f
i
l
l
amounts on the project range from approx
i
m
a
t
e
l
y
1
6
f
e
e
t
o
f
f
i
l
l
a
t
t
h
e
i
n
t
e
r
s
e
c
t
i
o
n
of Mitchell Road and Sandy Pointe Road to
a
p
p
r
o
x
i
m
a
t
e
l
y
8
f
e
e
t
o
f
c
u
t
t
o
t
h
e
r
e
a
r
o
f
Lots 1 and 2, Block I. The entire sit
e
i
s
p
r
o
p
o
s
e
d
t
o
b
e
g
r
a
d
e
d
t
o
a
l
l
o
w
f
o
r
building pads with the exception of the 1
0
0
f
o
o
t
s
h
o
r
e
l
a
n
d
s
e
t
b
a
c
k
.
The tree inventory indicates a total of
5
6
4
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
s
i
g
n
i
f
i
c
a
n
t
t
r
e
e
s
o
n
this site. Based upon the building pad
f
o
r
L
o
t
1
0
,
B
l
o
c
k
2
,
9
4
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
significant trees will be removed. A tr
e
e
r
e
p
l
a
c
e
m
e
n
t
p
l
a
n
f
o
r
2
1
c
a
l
i
p
e
r
i
n
c
h
e
s
must be submitted prior to Council review
.
Utilities
Utilities are available to this site t
h
r
o
u
g
h
c
o
n
n
e
c
t
i
o
n
s
m
a
d
e
t
o
t
h
e
R
e
d
R
o
c
k
interceptor which is located on the pro
p
e
r
t
y
.
S
a
n
i
t
a
r
y
s
e
w
e
r
w
i
l
l
b
e
e
x
t
e
n
d
e
d
t
o
Corral Lane with this development. W
a
t
e
r
s
e
r
v
i
c
e
w
i
l
l
b
e
p
r
o
v
i
d
e
d
t
h
r
o
u
g
h
connections made to a future water line wh
i
c
h
w
i
l
l
b
e
p
l
a
c
e
d
i
n
M
i
t
c
h
e
l
l
R
o
a
d
.
3,247
Sandy Pointe 4 September 22, 1989
Storm water run-off is proposed to be collected within a catch b
a
s
i
n
s
y
s
t
e
m
a
n
d
a
storm water detention pond located on the south and east side of M
i
t
c
h
e
l
l
R
o
a
d
a
n
d
discharged into Red Rock Lake. Detailed storm water run-off, ut
i
l
i
t
y
p
l
a
n
s
,
a
n
d
erosion control plans will he required for review by the City
E
n
g
i
n
e
e
r
a
n
d
t
h
e
Watershed District.
Shoreland Ordinance
Because this property is adjacent to Red Rock Lake, which is
c
l
a
s
s
i
f
i
e
d
a
s
a
Recreational Development water, the following requirements exist:
1. Minimum lot size - 20,000 square feet.
2. Minimum width at the building line is 120 feet.
3. Minimum width at the Ordinary High Water Mark is 120 feet.
4. Minimum building setback from the Ordinary High Water Mark is 1
0
0
feet.
All of the lots meet the minimum requirements of the Shoreland Ord
i
n
a
n
c
e
.
In locations where homes abut significant natural sight featu
r
e
s
s
u
c
h
a
s
l
a
k
e
s
,
Staff has recommended that building pads be 70 feet in depth. Du
e
t
o
t
h
e
s
h
o
r
e
l
a
n
d
setbacks, the road location, and the location of the sanitary s
e
w
e
r
,
t
h
e
b
u
i
l
d
i
n
g
pads on Lots 7-10, Block 2 are not 70 feet in depth. The build
i
n
g
p
a
d
s
o
n
t
h
e
s
e
lots measure from 45 - 55 feet in depth and have widths ranging f
r
o
m
6
5
-
1
4
0
f
e
e
t
.
Building footprints range from 3,200 square feet to approximately
6
,
0
0
0
s
q
u
a
r
e
f
e
e
t
.
The proponent has submitted a series of building plans which in
d
i
c
a
t
e
t
h
a
t
h
o
m
e
s
ranging in value up to $300,000.00 can be constructed on thes
e
l
o
t
s
w
i
t
h
i
n
t
h
e
proposed building pads. The Planning Commission may consider the
l
o
c
a
t
i
o
n
o
f
S
a
n
d
y
Pointe Road, the location of the sanitary sewer and the width of th
e
l
o
t
s
a
s
r
e
a
s
o
n
s
to allow building pads less than 70 feet in depth.
Pedestrian Systems
Plans indicate an 8 foot bituminous trail to be constructed along
t
h
e
n
o
r
t
h
s
i
d
e
o
f
Mitchell Road. To provide access to the trail system, the develope
r
s
h
a
l
l
i
n
s
t
a
l
l
a
5 foot concrete sidewalk along the east side of Sandy Pointe Road.
STAFF RECOMMENDATIONS
If the Planning Commission feels that the site plan as proposed i
s
n
o
t
c
o
m
p
a
t
i
b
l
e
with the adjacent neighborhood and that additional transition is ne
e
d
e
d
,
S
t
a
f
f
w
o
u
l
d
recommend the elimination of one lot along the west side of Sand
y
P
o
i
n
t
e
R
o
a
d
t
o
allow for increased lot sizes. With this revision, Staff recommends
a
p
p
r
o
v
a
l
o
f
t
h
e
request for a Zoning District Change from Rural to R1-22 on
6
.
0
a
c
r
e
s
a
n
d
Preliminary Plat of 11.2 acres into 13 single family lots, 2 o
u
t
l
o
t
s
,
a
n
d
r
o
a
d
right-of-way based upon plans dated August 11, 1989, subject to re
c
o
m
m
e
n
d
a
t
i
o
n
s
o
f
the Staff Report dated September 22, 1989, and subject to the follow
i
n
g
c
o
n
d
i
t
i
o
n
s
:
1. Prior to Council review, proponent shall:
A. Revise the plans to reflect a 5 foot concrete sidewalk along
t
h
e
east side of Sandy Point Road.
Sandy Pointe 5 September 22, 1989
B. Revise the plans to either reflect the e
l
i
m
i
n
a
t
i
o
n
o
f
t
h
e
c
o
n
n
e
c
t
i
o
n
from Corral Lane to Sandy Pointe Ro
a
d
o
r
t
o
r
e
f
l
e
c
t
t
h
e
d
e
s
i
g
n
o
f
Corral Lane as a one-way street with a m
e
d
i
a
n
i
n
S
a
n
d
y
P
o
i
n
t
e
R
o
a
d
.
C. Submit a tree replacement plan for 21 c
a
l
i
p
e
r
i
n
c
h
e
s
.
D. Revise the plans to depict the eliminati
o
n
o
f
o
n
e
l
o
t
a
l
o
n
g
t
h
e
w
e
s
t
side of Sandy Pointe Road.
2. Prior to Final Plat approval, proponen
t
s
h
a
l
l
:
A. Provide detailed storm water run-off an
d
e
r
o
s
i
o
n
c
o
n
t
r
o
l
p
l
a
n
s
f
o
r
review by the Watershed District.
B. Provide detailed storm water run-off,
u
t
i
l
i
t
y
,
a
n
d
e
r
o
s
i
o
n
c
o
n
t
r
o
l
plans for review by the Watershed Distri
c
t
.
3. Prior to grading permit issuance, propo
n
e
n
t
s
h
a
l
l
:
A. Notify the City and Watershed District
a
t
l
e
a
s
t
4
8
h
o
u
r
s
i
n
a
d
v
a
n
c
e
of grading.
B. Stake the construction limits with erosi
o
n
c
o
n
t
r
o
l
f
e
n
c
i
n
g
.
4. Prior to building permit issuance, propo
n
e
n
t
s
h
a
l
l
:
A. Pay the appropriate Cash Park Fee.
B. Submit detailed building plans for L
o
t
s
7
-
1
0
,
B
l
o
c
k
2
w
h
i
c
h
indicate compliance with the Shorelan
d
s
e
t
b
a
c
k
s
.
T
h
e
p
r
o
p
o
n
e
n
t
shall agree not to request variances on
a
n
y
l
o
t
a
b
u
t
t
i
n
g
R
e
d
R
o
c
k
Lake.
5. Second Reading and Final Plat approv
a
l
s
h
a
l
l
n
o
t
o
c
c
u
r
u
n
t
i
l
t
h
e
c
o
n
t
r
a
c
t
for Mitchell Road has been awarded.
.qco
I Preserve trees & Slopes----_- s, 1 :,----n A Connect Loop to Mitchell _Road I \\ ' • n 4;:e A l' r , _..._.,- ----,...... . ---......,,, , /'. ' : (';------N) ( .. ... 2 , ( . ,, ) /./ :1 . i- Revise Park Shane. I-, It jII i FA_Y1 ., ---;:41-• . --- - : V _-. ' /2,'"," ..---- "I --) (--- --..-.,-- -..;._:-- ,...z ( , (..-.--,---? 4........):/ - ..:-...y" -- c - : -- " ' •) if.( \...c ..) s , (-- ;____, ,K G r•, /.,:,\\ \L--i-_,---).\--::---- :i1......!, 1.1k.) 1 7 __:-' '-) '''Y----="::-.' .----`-7-7.\ I ..1.--, - .... ...„. . 4/ , 1 , 1 ,--',.. - ',- --_-:---;--\\ ....___:-..,' 1,)---,-,--j - -- -/-: 1 iv (._-_ ---_..-: ' --- \ ,,,,:-- i ..... , n.:._ ---......;_;) A...:„........--roireja --...." ,.._ ‘,..,._ _ _ • _I ..,..._ -. e't 1,.. ".,... c.-. -.-. ... -..- — ..,:..; ........ F. I :: Future t Connection Southe 00. 1 a Future Connection to 1- '. s a . Corral Lane (*A— '0 iCk, )1 ' • a > • isitibruaaie. . ,C a ott. a 4, Densay : 41 ay rconcspt,pi:In 1 •--1' : I t- _: ._i nn°;.;hurn -; I n • --I lugh
---4 RED ROCK LAKE
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resour
c
e
s
C
o
m
m
i
s
s
i
o
n
THRU: Robert A. Lambert, Director of Par
k
s
,
Recreation and Natural Resources
FROM: Barbara Penning Cross, Park Planner -II:co
DATE: September 29, 1989
SUBJECT: Supplemental Staff Report
t
o
t
h
e
S
e
p
t
e
m
b
e
r
2
2
,
1
9
8
9
Planning Staff Report on Sandy Point
e
The Planning Commission approved th
i
s
1
1
.
2
s
i
t
e
,
l
o
c
a
t
e
d
o
n
t
h
e
southwest shore of Red Rock Lake wit
h
s
e
v
e
r
a
l
r
e
c
o
m
m
e
n
d
e
d
c
h
a
n
g
e
s
after listening to neighborhood inpu
t
.
1. In order to create a better transit
i
o
n
L
o
t
s
1
&
2
,
B
l
o
c
k
1
should be combined to form just one l
o
t
.
2. There was much neighborhood opposi
t
i
o
n
t
o
t
h
e
c
o
n
n
e
c
t
i
o
n
o
f
Corral Lane to Sandy Pointe Road and
e
v
e
n
t
u
a
l
l
y
o
u
t
t
o
M
i
t
c
h
e
l
l
Road. In lieu of this input, the Plann
i
n
g
C
o
m
m
i
s
s
i
o
n
recommended that Corral Lane end in
a
c
u
l
-
d
e
-
s
a
c
o
n
L
o
t
2
6
o
f
the Eden Hills development.
Specific issues the Parks, Recrea
t
i
o
n
a
n
d
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
Commission should address are:
SHORELAND MANAGEMENT ORDINANCE:
Red Rock Lake is classified as a re
c
r
e
a
t
i
o
n
d
e
v
e
l
o
p
m
e
n
t
l
a
k
e
a
n
d
restrictions are set for lot width,
l
o
t
s
i
z
e
a
n
d
s
e
t
b
a
c
k
s
.
A
l
l
o
f
the lots within this subdivision mee
t
t
h
e
m
i
n
i
m
u
m
r
e
q
u
i
r
e
m
e
n
t
s
o
f
the Shoreland Ordinance.
GRADING AND TREE PRESERVATION:
The site is generally sloped toward t
h
e
l
a
k
e
a
n
d
w
i
t
h
t
h
e
e
x
c
e
p
t
i
o
n
of a 100' shoreline setback, the ent
i
r
e
s
i
t
e
w
i
l
l
b
e
g
r
a
d
e
d
.
F
i
v
e
hundred and sixty four caliper inches
o
f
t
r
e
e
s
e
x
i
s
t
o
n
t
h
e
s
i
t
e
.
Ninety four caliper inches of trees
w
i
l
l
b
e
r
e
m
o
v
e
d
,
w
h
i
c
h
i
s
a
16.5% tree loss. A tree replaceme
n
t
p
l
a
n
,
m
e
e
t
i
n
g
t
h
e
t
r
e
e
preservation guidelines, will be subm
i
t
t
e
d
f
o
r
C
o
u
n
c
i
l
r
e
v
i
e
w
.
PEDESTRIAN SYSTEMS:
An 8' bituminous trail will be constr
u
c
t
e
d
a
l
o
n
g
t
h
e
n
o
r
t
h
a
n
d
w
e
s
t
side of the Mitchell Road extension.
T
h
e
p
e
d
e
s
t
r
i
a
n
s
y
s
t
e
m
s
i
n
t
h
e
area will be affected if Corral Lan
e
e
n
d
s
i
n
a
c
u
l
-
d
e
-
s
a
c
,
o
r
i
f
it is connected Sandy Pointe Drive
w
i
t
h
a
t
h
r
o
u
g
h
s
t
r
e
e
t
.
T
h
e
Parks, Recreation and Natural Resou
r
c
e
s
D
e
p
a
r
t
m
e
n
t
s
t
a
f
f
h
a
s
t
h
e
following recommendations concerning
t
h
e
p
e
d
e
s
t
r
i
a
n
s
y
s
t
e
m
:
1. A 5' concrete sidewalk should be installed along the west side of Sandy Pointe Road. This will provide residents access to
Outlot A, which will be the lake access owned by the Home-
owner's Association. This sidewalk will also connect to the
trail system along Mitchell Road providing easy access to the
neighborhood park as well as other areas within the City.
2. If this plan is approved with a through street, staff
recommends a 5' concrete sidewalk be installed on the south
side of Corral Lane when it is improved in the future.
3. If this plan is approved with a cul-de-sac, an 8' bituminous
trail should be installed through the platted right-of-way to
allow pedestrians and bicycle connections between the
neighborhoods.
The Eden Hills Homeowner's Association owns a small park and a 20'
strip of land adjoining the lake. Outlot A of this project
directly adjoins Eden Hills park and will also be owned by the
neighbor-hood association. The intent is to provide lakeside
recreation to the residents within the project. As far as staff
knows, relations between these Homeowner's Association's are
friendly and facilities can be shared. Questions do arise if this
arrangement should ever change in the future. The pedestrian
connections mentioned in this report are the only way for Eden
Hills residents to have access to their park and it is the only way
Sandy Pointe residents can get to County Road 4 without going all
the way along Mitchell Road to County Road 1 and then out to County
Road 4.
Staff recommends approval based on the Planning Staff Report and
this supplemental report.
BPC:mdd
4/314014 1N09*4 1 1 1 1 1 1 nn I '411 _ .sos• I WE13a .4 .721 I I !I . • s• • v 4irto h of Ch. A:e tt7N oti ' • Nt,9 4\\' P. ,.. . .; '..• " """i,.. -01," ! irs0 . sc:1,5s ‘5,q''' ‘‘‘,.'.,, ., `19 • 1.,,,S „,y, .".. , . . q,.51 , - ..;,•47..—r.-,r I...,-„.1:A' 1 eici----,1". . ,-,',.---.-- -I. .-7-1-100•40, s :, : ,_-; .-• I --r-..,-,-,:- 1.!,;.-- c,ILk, ".' ' e 19 c1501A .. .:•:9 0 . sit 17-31T------7.-1"---Th., l', . ,.. ci.• " b '`• • ' ' -.-` Z • rk , t ,fi l -1--.;ii-i ' ...v.— • " . •7fr ' ..4, •,,- 817:2ifITT".. 1
MAT .wr.VEllft.....r
Cl/NI PANIES
November 18, 1989
Mr. Donald Uram
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
RE: Alpine Center
Dear Don:
Due to our request for a continuance of our appearance
before the planning commission, we hereby req
u
e
s
t
a
continuance of our appearance before the City Council until December 19, 1989.
Sincerely yours,
2
T COMPANI5,, INC./
/10 .14
;Julie A. Skarda
Executive
JAS:kda
11800 Siagietree Lane • SII/te 210 • Eden Prairie, MN 8544 • (612) 94
8
.
1
4
0
4
veying
HEDLUND
Planning Engineering Surveying
November 14, 1989
Michael Franzen
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN. 55344
RE: Bluffs East 7th Addition.
Dear Mr. Franzen,
Please remove Bluffs East 7th Addition from the next City
C
o
u
n
c
i
l
agenda, November 21, 1989. We will be requesting another Pla
n
n
i
n
g
Commission review in the future. Presently, the bu
i
l
d
e
r
,
developer, and our staff are studying alternatives to
t
h
e
submitted plans dated September 22, 1989.
If your office is unable to inform those neighbors most e
f
f
e
c
t
e
d
by the withdrawal of this project, please advise me. I wi
l
l
t
a
k
e
the time to call each of the four homeowners to present any
inconvenience to them.
Please call if you have any questions. I plan to see you at our
10:00 a.m. meeting Thursday, November 16.
MJM/kas
9201 East Bloomington Freeway, Bloomington, Minnesota 55420, Telephone (612) 88
8
-
0
2
8
9
OFrs--
PROPOSED SITE -)
n (r".117;77
OFC I..
STAFF REPORT
Planning Commission
Donald R. Uram, Assistant Planner
Chris Enger, Planning Director
October 20, 1989
Minnesota Vikings Enclosed Training Facility
Minnesota Vikings
Northwest Corner of Washington Avenue and Viking Drive
1. Planned Unit Development Concept Amendment on 72.9 acres.
2. Planned Unit Development District Review on 15 acres with
waivers.
3. Zoning District Amendment within the 1-2 Zoning District on
4 acres.
4. Preliminary Plat of 15 acres into 1 lot.
5. Site Plan Review.
TO:
FROM:
THRU:
DATE:
PROJECT:
APPLICANT/
FEE OWNER:
LOCATION:
REQUEST:
Background
This site is the existing location
of the Minnesota Vikings Training
Facility which was approved in 1980.
The current proposal is to expand
the existing facility to include an
additional training/office area, a
new cafeteria/kitchen for player
meals, and a permanently enclosed
full practice field. The existing
practice bubble is proposed to be
removed as part of this construct-
ion.
Site Plan/Preliminary Plat
The Preliminary Plat depicts a
combination of two lots, owned by
the Minnesota Vikings at the
intersection of Viking Drive and
Washington Avenue, into one lot
containing 15.038 acres. Lot 2,
containing approximately 11 acres,
=2, AREA LOCATION MAP
n• SigaIN I .• •
Minnesota Vikings 2 October 20, 1989
is the location of the existing training facility, while Lot 1, containing
approximately 4.038 acres, would be the location of the new building. Lot 1 is
currently zoned Industrial which was the original zoning on the property in 1969.
Lot 2 was zoned Office in 1980.
The proposed site plan depicts a building expansion of 103,380 square feet which
includes an enclosed practice facility containing 91,480 square feet, a
kitchen/cafeteria containing 6,550 square feet, and office/storage areas containing
5,350 square feet. The building is 62 feet in height and measures approximately 225
feet by 400 feet. The existing building contains 38,242 square feet. Based upon a
total lot size of 15.038 acres, a Base Area Ratio of 18.21 and Floor Area Ratio of
21.6% has been calculated. The buildings and parking areas meet the minimum
requirements of the Office and 1-2 Zoning Districts. However, because the building
exceeds the Code allowance for height, a waiver will be required.
A total of 104 parking stalls are provided which has been indicated to be sufficient
for the Vikings parking area. A driveway is proposed on Washington Avenue to
provide vehicular access into the new enclosed training facility.
Grading/Utilities
Existing elevations on this site range from a high point of 900 within the center of
the site to a low point of 830 adjacent to the north property line and Nine Mile
Creek. The site slopes in all directions from the 900 contour elevation. The
proposed building has a finished floor elevation of 856 and would require a cut of
approximately 44 feet from the top of the hill and fill amounting to approximately
15 feet in the northeast corner of the site. In order to reduce the amount of
grading, the building has been tucked into the side of the hill. The finished grade
on the west side of the buildings ranges from 896 to 850. By setting the building
into the hill, the height of the structure is reduced and approximately 824 caliper
inches of significant trees are saved. A 1:1 slope is proposed on the east side of
the building adjacent Washington Avenue which is necessary to save a substantial
stand of trees which will help provide screening of the east building elevation.
The maximum height of the slope is 12 feet and will be stabilized by embankment
reinforcement. The height of the structure and the 1:1 slope could be reduced by
further lowering the finished floor elevation of the proposed building.
As part of the grading, a total of 502 caliper inches of significant trees will be
removed from this site. Based upon a total of 1,326 caliper inches of significant
trees on-site, tree replacement totaling 253 caliper inches is required.
All utilities are available to this site from connections made to existing services.
Landscaping
Based upon a building size of 103,380 square feet and a building height of 62 feet,
a total of 900 caliper inches are required per City Code. A single story building
would require, in addition to tree replacement, a total of 576 caliper inches. The
landscape plan depicts a total of 540 caliper inches of landscape material. In
addition, there are approximately 276 caliper inches of existing plant material on
site which is 156 caliper inches over the requirements for the existing building.
Utilizing the existing overage, the landscape plan would exceed the requirements for
Minnesota Vikings 3 October 20, 1989
a single story building by 120 caliper inches but is 204 caliper
i
n
c
h
e
s
l
e
s
s
t
h
a
n
the City Code requirements. Because of the building being tucked i
n
t
o
t
h
e
h
i
l
l
s
i
d
e
,
the western building elevation is primarily screened by being unde
r
g
r
o
u
n
d
.
T
h
e
e
a
s
t
building elevation would be screened by a softwood mass of trees
a
l
o
n
g
W
a
s
h
i
n
g
t
o
n
Avenue which is approximately 40 feet in depth and by other plan
t
m
a
t
e
r
i
a
l
o
n
t
h
e
north and south elevations. This plant material includes a tota
l
o
f
7
8
,
1
4
f
o
o
t
evergreens. No additional room exists on-site to install the rema
i
n
i
n
g
2
0
4
c
a
l
i
p
e
r
inches without the removal of existing trees. A waiver is re
q
u
i
r
e
d
f
r
o
m
t
h
e
Landscape Ordinance to allow for less than 900 caliper inches. An
i
r
r
i
g
a
t
i
o
n
s
y
s
t
e
m
shall be installed to help ensure the survival of the proposed plan
t
m
a
t
e
r
i
a
l
.
As indicated on the plan, all trees to be preserved will be field
t
a
g
g
e
d
a
n
d
s
n
o
w
fenced prior to grading permit issuance. Any trees lost outsi
d
e
t
h
e
p
r
o
p
o
s
e
d
construction limits must be replaced on an area inch per area inch
b
a
s
i
s
.
Architecture
The proposed building expansion includes an enclosed practice faci
l
i
t
y
c
o
n
t
a
i
n
i
n
g
91,480 square feet and an extension of the existing buildin
g
t
o
i
n
c
l
u
d
e
a
kitchen/cafeteria area and additional office/storage areas. Exteri
o
r
m
a
t
e
r
i
a
l
s
o
f
the kitchen/office facilities are proposed to match the existing bu
i
l
d
i
n
g
w
h
i
l
e
t
h
e
enclosed practice facility would be constructed of metal panel.
P
r
o
p
o
s
e
d
c
o
l
o
r
f
o
r
the practice facility is white with a gray accent band. The en
c
l
o
s
e
d
p
r
a
c
t
i
c
e
facility is rectangular in shape and measures approximately 225 X
4
0
0
'
i
n
l
e
n
g
t
h
and is 62 feet in height. City Code states that the building shal
l
n
o
t
e
x
c
e
e
d
4
0
feet in height and that metal panel shall not comprise more than
2
5
%
o
f
a
b
u
i
l
d
i
n
g
'
s
exterior finish. Based upon a wall surface area of 77,500 squ
a
r
e
f
e
e
t
,
2
0
%
,
o
r
15,500 square feet, is below grade and 408 square feet i
s
g
l
a
s
s
,
l
e
a
v
i
n
g
approximately 61,600 square feet as metal panel, or 80% of the
b
u
i
l
d
i
n
g
s
u
r
f
a
c
e
.
Alternatives for the development of this building include:
1. A waiver to allow for metal panel on the entire building.
2. To construct the building with precast panels matching the existing
b
u
i
l
d
i
n
g
up to a minimum of 20 feet in height and finish with metal pan
e
l
.
T
h
i
s
would reduce the amount of waiver from approximately 80% to appro
x
i
m
a
t
e
l
y
60%.
3. Increase the amount of glass in the structure. This would also
h
e
l
p
t
o
reduce the percent of waiver while added interest to the build
i
n
g
s
u
c
h
a
s
the window on the south elevation. The glass does not h
a
v
e
t
o
b
e
translucent.
4. Comply with City Code which would allow 25% metal panel.
In considering the waiver for the exterior building materia
l
s
,
t
h
e
P
l
a
n
n
i
n
g
Commission may consider the following as mitigation:
Minnesota Vikings 4 October 20, 1989
1. That 20% of the building is below grade;
2. That the natural features along the west and
e
a
s
t
e
l
e
v
a
t
i
o
n
s
h
e
l
p
b
l
o
c
k
view;
3. That metal is common and unique to the indoor p
r
a
c
t
i
c
e
f
a
c
i
l
i
t
i
e
s
b
e
c
a
u
s
e
o
f
the height and size required.
The maximum Code allowance for building height i
s
4
0
f
e
e
t
.
B
e
c
a
u
s
e
t
h
e
b
u
i
l
d
i
n
g
i
s
tucked into the side of the hill, the building r
a
n
g
e
s
i
n
h
e
i
g
h
t
f
r
o
m
6
2
f
e
e
t
o
n
t
h
e
north and east elevations to 49 feet along the s
o
u
t
h
b
u
i
l
d
i
n
g
e
l
e
v
a
t
i
o
n
a
n
d
f
r
o
m
2
2
feet to 62 feet along the west building elevat
i
o
n
.
T
h
e
a
c
t
u
a
l
v
a
r
i
a
n
c
e
f
r
o
m
C
i
t
y
Code will range from 0 feet in height to 22
f
e
e
t
.
T
h
e
m
a
j
o
r
i
t
y
o
f
t
h
e
b
u
i
l
d
i
n
g
,
however, will require a 22 feet variance. The P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
m
a
y
c
o
n
s
i
d
e
r
a
s
mitigation for building height:
1. The relationship to other buildings in the are
a
w
h
i
c
h
i
n
c
l
u
d
e
s
t
h
e
o
f
f
i
c
e
tower located directly to the east;
2. The location near 1-494;
3. The building is tucked into the hill to reduce i
m
p
a
c
t
o
n
t
h
e
s
o
u
t
h
a
n
d
e
a
s
t
building elevations;
4. There are natural features such as hills and tr
e
e
s
w
h
i
c
h
h
e
l
p
t
o
b
l
o
c
k
t
h
e
views.
Waivers will be required for exterior building m
a
t
e
r
i
a
l
s
a
n
d
b
u
i
l
d
i
n
g
h
e
i
g
h
t
.
Shoreline Ordinance
This property abuts Nine Mile Creek to the no
r
t
h
w
h
i
c
h
i
s
d
e
s
i
g
n
a
t
e
d
a
s
G
e
n
e
r
a
l
Development Waters. The proposal meets all
t
h
e
r
e
q
u
i
r
e
m
e
n
t
s
o
f
t
h
e
S
h
o
r
e
l
i
n
e
Ordinance.
Signage/Lightinq
Signage proposed for the building includes a
r
o
u
n
d
w
i
n
d
o
w
o
n
t
h
e
s
o
u
t
h
b
u
i
l
d
i
n
g
elevation with a Vikings emblem on it. The embl
e
m
a
r
e
a
i
s
a
p
p
r
o
x
i
m
a
t
e
l
y
1
1
3
s
q
u
a
r
e
feet, while City Code allows up to 80 square fe
e
t
.
B
a
s
e
d
u
p
o
n
t
h
e
w
a
l
l
a
r
e
a
o
f
t
h
e
south building elevation which is 13,950 squar
e
f
e
e
t
,
t
h
e
s
i
g
n
a
r
e
a
w
o
u
l
d
o
n
l
y
b
e
.8% of this wall area. The sign in this partic
u
l
a
r
c
a
s
e
i
s
p
a
r
t
o
f
t
h
e
w
i
n
d
o
w
a
n
d
is an architectural feature which adds inter
e
s
t
t
o
t
h
e
b
u
i
l
d
i
n
g
e
l
e
v
a
t
i
o
n
.
I
n
addition, building setbacks range from 115 t
o
1
2
5
f
e
e
t
i
n
d
e
p
t
h
f
r
o
m
1
-
4
9
4
.
A
waiver is required for the size of the sign.
A total of six exterior downcast lights are pr
o
p
o
s
e
d
o
v
e
r
t
h
e
d
o
o
r
s
f
o
r
s
e
c
u
r
i
t
y
purposes.
Minnesota Vikings
5 October 20, 1989
Staff Recommendations
In reviewing this proposal, the Plan
n
i
n
g
C
o
m
m
i
s
s
i
o
n
m
u
s
t
a
n
s
w
e
r
t
h
e
f
o
l
l
o
w
i
n
g
questions:
1. Is this land use and building unique t
o
t
h
e
M
i
n
n
e
s
o
t
a
V
i
k
i
n
g
s
a
n
d
i
f
s
o
,
will not create a precedent for industri
a
l
b
u
i
l
d
i
n
g
s
?
2. Has adequate justification been prov
i
d
e
d
f
o
r
t
h
e
l
a
n
d
s
c
a
p
i
n
g
,
h
e
i
g
h
t
,
exterior building materials, and sign var
i
a
n
c
e
s
?
If the Planning Commission feels that t
h
e
p
r
o
p
o
n
e
n
t
h
a
s
a
n
s
w
e
r
e
d
t
h
e
s
e
q
u
e
s
t
i
o
n
s
,
then the appropriate action would b
e
t
o
r
e
c
o
m
m
e
n
d
a
p
p
r
o
v
a
l
o
f
t
h
e
P
U
D
C
o
n
c
e
p
t
Amendment on 72.9 acres, PUD Distri
c
t
R
e
v
i
e
w
o
n
1
5
a
c
r
e
s
w
i
t
h
w
a
i
v
e
r
s
,
Z
o
n
i
n
g
District Amendment within the 1-2 Zoni
n
g
D
i
s
t
r
i
c
t
o
n
4
a
c
r
e
s
,
S
i
t
e
P
l
a
n
R
e
v
i
e
w
,
a
n
d
Preliminary Plat of 15 acres into 1 l
o
t
b
a
s
e
d
o
n
p
l
a
n
s
d
a
t
e
d
S
e
p
t
e
m
b
e
r
2
5
,
1
9
8
9
,
revised plans dated October 16, 1989 a
n
d
s
u
b
j
e
c
t
t
o
t
h
e
S
t
a
f
f
R
e
p
o
r
t
d
a
t
e
d
O
c
t
o
b
e
r
20, 1989 and subject to the following co
n
d
i
t
i
o
n
s
:
1. Prior to Council review, the proponen
t
s
h
a
l
l
s
u
b
m
i
t
b
u
i
l
d
i
n
g
m
a
t
e
r
i
a
l
s
,
colors, and samples.
2. Prior to Final Plat Approval, the propon
e
n
t
s
h
a
l
l
:
(a) Submit detailed storm water runoff and
e
r
o
s
i
o
n
c
o
n
t
r
o
l
p
l
a
n
s
f
o
r
review by the Watershed District.
(b) Submit detailed storm water runoff, uti
l
i
t
i
e
s
,
a
n
d
e
r
o
s
i
o
n
c
o
n
t
r
o
l
plans for review by the City Engineer.
3. Prior to Grading Permit issuance, the p
r
o
p
o
n
e
n
t
s
h
a
l
l
:
(a) Notify the City and Watershed District
a
t
l
e
a
s
t
4
8
h
o
u
r
s
i
n
a
d
v
a
n
c
e
of grading. Stake all grading limits
w
i
t
h
a
s
n
o
w
f
e
n
c
e
.
A
n
y
t
r
e
e
s
lost outside the limits shall be repla
c
e
d
o
n
a
n
a
r
e
a
i
n
c
h
p
e
r
a
r
e
a
inch basis.
(b) Stake the construction limits with the e
r
o
s
i
o
n
c
o
n
t
r
o
l
f
e
n
c
i
n
g
.
4. Prior to Building Permit issuance, the
p
r
o
p
o
n
e
n
t
s
h
a
l
l
p
a
y
t
h
e
a
p
p
r
o
p
r
i
a
t
e
cash park fee.
If the Planning Commission feels th
a
t
t
h
e
p
r
o
p
o
n
e
n
t
h
a
s
n
o
t
p
r
o
v
i
d
e
d
a
d
e
q
u
a
t
e
justification for the waivers and tha
t
t
h
e
b
u
i
l
d
i
n
g
i
s
n
o
t
u
n
i
q
u
e
,
t
h
e
a
p
p
r
o
p
r
i
a
t
e
action would be to continue the proje
c
t
u
n
t
i
l
t
h
e
N
o
v
e
m
b
e
r
1
3
,
1
9
8
9
m
e
e
t
i
n
g
w
i
t
h
direction given to the proponent for
p
l
a
n
r
e
v
i
s
i
o
n
s
.
T
h
e
P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
m
a
y
consider the following as alternatives:
1. Explore different building locations on
t
h
e
e
x
i
s
t
i
n
g
s
i
t
e
.
2. Lower the finished floor elevation,
t
h
u
s
r
e
d
u
c
i
n
g
t
h
e
b
u
i
l
d
i
n
g
h
e
i
g
h
t
,
exterior material variance, and grading
a
l
o
n
g
W
a
s
h
i
n
g
t
o
n
A
v
e
n
u
e
.
3. Revise the building plans to include a
d
d
i
t
i
o
n
a
l
g
l
a
s
s
a
n
d
p
r
e
c
a
s
t
c
o
n
c
r
e
t
e
panels.
MEMORANDUM
Parks, Recreation and Natural Reso
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
Mayor and City Council
Bob Lambert, Director of Parks, R
e
c
r
e
a
t
i
o
n
&
N
a
t
u
r
a
l
Resources
Barbara Penning Cross, Landscape
A
r
c
h
i
t
e
c
t
t
p
November 2, 1989
SUBJECT: Supplemental Staff Report
t
o
O
c
t
o
b
e
r
2
0
,
1
9
8
9
P
l
a
n
n
i
n
g
Staff Report Regarding the Minneso
t
a
V
i
k
i
n
g
s
E
n
c
l
o
s
e
d
Training Facility
This project was reviewed and appr
o
v
e
d
a
t
t
h
e
S
e
p
t
e
m
b
e
r
2
3
,
1
9
8
9
Planning Commission meeting. Issues
t
h
a
t
t
h
e
P
a
r
k
s
,
R
e
c
r
e
a
t
i
o
n
a
n
d
Natural Resources Commission should
a
d
d
r
e
s
s
a
r
e
d
e
s
c
r
i
b
e
d
b
e
l
o
w
.
GRADING
The large building proposed will req
u
i
r
e
e
x
t
e
n
s
i
v
e
g
r
a
d
i
n
g
f
o
r
t
h
i
s
site to accommodate the structure.
I
n
o
r
d
e
r
t
o
l
e
s
s
e
n
t
h
e
i
m
p
a
c
t
of the building mass and to save ap
p
r
o
x
i
m
a
t
e
l
y
8
2
4
c
a
l
i
p
e
r
i
n
c
h
e
s
of trees, the building has been
p
a
r
t
i
a
l
l
y
e
a
r
t
h
s
h
e
l
t
e
r
e
d
b
y
tucking it into the hillside.
A 1 to 1 slope has been proposed
a
l
o
n
g
t
h
e
n
o
r
t
h
e
a
s
t
s
i
d
e
o
f
t
h
e
building. The slope at its highest
p
o
i
n
t
i
s
1
2
'
h
i
g
h
a
n
d
s
t
r
e
t
c
h
e
s
for approximately 250'. City Code st
a
t
e
s
s
l
o
p
e
s
m
u
s
t
b
e
n
o
s
t
e
e
p
e
r
than 3 to 1. The City does maintai
n
a
1
t
o
1
s
l
o
p
e
a
l
o
n
g
E
d
e
n
v
a
l
e
Blvd. With obstacles on both side
s
o
f
t
h
e
r
i
g
h
t
-
o
f
-
w
a
y
t
h
e
s
t
e
e
p
slope was deemed necessary.
The City followed strict constru
c
t
i
o
n
m
e
t
h
o
d
s
w
i
t
h
c
o
m
p
a
c
t
i
o
n
monitored by a soils engineer and d
o
n
e
i
n
l
i
f
t
s
.
S
t
a
b
i
l
i
z
a
t
i
o
n
w
a
s
done with a wood fiber blanket and
f
a
s
t
g
e
r
m
i
n
a
t
i
n
g
g
r
a
s
s
s
e
e
d
.
The City has had numerous washouts a
n
d
h
a
s
h
a
d
t
o
r
e
p
a
i
r
t
h
i
s
s
t
e
e
p
slope many times.
The park, recreation and natural
r
e
s
o
u
r
c
e
s
s
t
a
f
f
h
a
v
e
s
e
r
i
o
u
s
concerns about the stability of a 1
t
o
1
s
l
o
p
e
p
r
o
p
o
s
e
d
a
l
o
n
g
t
h
e
east side of the building. If the
P
a
r
k
s
,
R
e
c
r
e
a
t
i
o
n
a
n
d
N
a
t
u
r
a
l
Resources Commission feel that a 1 t
o
1
s
l
o
p
e
i
s
a
c
c
e
p
t
a
b
l
e
,
s
t
a
f
f
recommends the Engineering Departmen
t
c
a
r
e
f
u
l
l
y
r
e
v
i
e
w
t
h
e
g
r
a
d
i
n
g
and drainage patterns around
t
h
e
b
u
i
l
d
i
n
g
a
n
d
r
e
c
o
m
m
e
n
d
construction techniques that would
s
t
a
b
i
l
i
z
e
t
h
e
s
o
i
l
s
.
If the Parks, Recreation and Natural
R
e
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
f
e
e
l
t
h
a
t
a 1 to 1 slope is not recommended,
a
r
e
t
a
i
n
i
n
g
w
a
l
l
a
p
p
r
o
v
e
d
b
y
t
h
e
Building Department would be an op
t
i
o
n
t
o
k
e
e
p
t
h
e
b
u
i
l
d
i
n
g
w
h
e
r
e
it is and to save the existing tre
e
s
.
T
h
e
r
e
t
a
i
n
i
n
g
w
a
l
l
c
o
u
l
d
b
e
terraced in order to allow planti
n
g
s
o
n
e
a
c
h
t
e
r
r
a
c
e
l
e
v
e
l
.
A
3
3P.L7Li
TO:
TI1RU:
FROM:
DATE:
to 1 slope and a wall combination could
a
l
s
o
b
e
u
s
e
d
t
o
m
i
n
i
m
i
z
e
the impact of the wall.
TREE PRESERVATION AND THE LANDSC
A
P
E
O
R
D
I
N
A
N
C
E
This project, in order to satisfy ou
r
C
i
t
y
C
o
d
e
m
u
s
t
s
a
t
i
s
f
y
t
w
o
requirements for tree planting. The fi
r
s
t
i
s
t
h
e
T
r
e
e
P
r
e
s
e
r
v
a
t
i
o
n
Ordinance. The proposed new buildin
g
w
i
l
l
r
e
m
o
v
e
3
8
%
o
f
t
h
e
t
r
e
e
s
on site in order for development to
o
c
c
u
r
.
T
h
i
s
i
s
h
i
g
h
e
r
t
h
a
n
t
h
e
average and normally when the develo
p
e
r
g
o
e
s
p
a
s
t
3
5
%
t
r
e
e
l
o
s
s
t
h
e
City will have them alter the pla
n
.
T
h
e
V
i
k
i
n
g
s
b
u
i
l
d
i
n
g
i
s
a
unique situation. The proposed build
i
n
g
c
a
n
'
t
b
e
r
e
c
o
n
f
i
g
u
r
e
d
,
i
t
must meet the size of a football fi
e
l
d
a
n
d
t
o
be usable must also connect to the existing building.
E
f
f
o
r
t
s
t
o
s
a
v
e
t
r
e
e
s
a
n
d
t
o
screen some of the building are evi
d
e
n
t
w
i
t
h
t
h
e
p
a
r
t
i
a
l
l
y
e
a
r
t
h
sheltered building. Five hundred and
f
o
u
r
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
t
r
e
e
s
will be removed under the current plan requi
r
i
n
g
t
w
o
h
u
n
d
r
e
d
a
n
d
fifty three caliper inches to be rep
l
a
c
e
d
.
The Landscape Ordinance must also be
a
d
d
r
e
s
s
e
d
.
C
i
t
y
C
o
d
e
r
e
q
u
i
r
e
s
plant material to be installed based
o
n
b
u
i
l
d
i
n
g
s
q
u
a
r
e
f
o
o
t
a
g
e
.
The 103,380 sq. ft. building is a single story build
i
n
g
,
b
u
t
i
t
s
over 20' tall. Six hundred and forty
s
i
x
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
p
l
a
n
t
material for screening purposes are r
e
q
u
i
r
e
d
b
a
s
e
d
o
n
t
h
i
s
o
v
e
r
a
l
l
dimension.
A total of 900 caliper inches of p
l
a
n
t
m
a
t
e
r
i
a
l
a
r
e
r
e
q
u
i
r
e
d
b
y
City Code to be planted on the proje
c
t
s
i
t
e
.
D
u
e
t
o
t
h
e
g
r
o
w
t
h
i
n
the plant materials planted with the
i
n
i
t
i
a
l
d
e
v
e
l
o
p
m
e
n
t
a
c
r
e
d
i
t
of 156 caliper inches has been
g
r
a
n
t
e
d
,
b
r
i
n
g
i
n
g
t
h
e
p
l
a
n
t
requirement down to 744 caliper inch
e
s
.
A
l
a
n
d
s
c
a
p
e
p
l
a
n
h
a
s
b
e
e
n
supplied depicting a total of 5
4
0
c
a
l
i
p
e
r
i
n
c
h
e
s
o
f
p
l
a
n
t
materials. This is 204 caliper
i
n
c
h
e
s
l
e
s
s
t
h
a
n
C
i
t
y
C
o
d
e
requires.
The site is tight and the proponents
h
a
v
e
m
a
d
e
s
u
b
s
t
a
n
t
i
a
l
e
f
f
o
r
t
s
to screen the large building by tu
c
k
i
n
g
i
t
i
n
t
o
t
h
e
h
i
l
l
s
i
d
e
,
saving the mature tree mass along Wa
s
h
i
n
g
t
o
n
A
v
e
n
u
e
,
a
n
d
p
l
a
n
t
i
n
g
14' evergreens. The Planning Commissi
o
n
a
p
p
r
o
v
e
d
a
w
a
i
v
e
r
f
r
o
m
t
h
e
Landscape Ordinance to allow less tha
n
t
h
e
r
e
q
u
i
r
e
d
a
m
o
u
n
t
o
f
t
r
e
e
s
due to the measures already tak
e
n
a
n
d
b
e
c
a
u
s
e
o
f
t
h
e
s
i
t
e
constraints.
If the Parks, Recreation and Natur
a
l
R
e
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
f
e
e
l
s
that the proponent has done everyth
i
n
g
t
o
a
d
e
q
u
a
t
e
l
y
s
a
t
i
s
f
y
t
h
e
Tree Replacement Policy and the Lands
c
a
p
e
O
r
d
i
n
a
n
c
e
,
t
h
e
C
o
m
m
i
s
s
i
o
n
could also recommend a waiver from t
h
e
C
o
d
e
r
e
q
u
i
r
e
m
e
n
t
.
If the Parks, Recreation and Natural
R
e
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
f
e
e
l
m
o
r
e
landscape materials are needed, the
p
a
r
k
,
r
e
c
r
e
a
t
i
o
n
a
n
d
n
a
t
u
r
a
l
resources staff feel that an oppor
t
u
n
i
t
y
f
o
r
a
d
d
i
t
i
o
n
a
l
p
l
a
n
t
material exists on the north prope
r
t
y
l
i
n
e
w
i
t
h
o
u
t
r
e
m
o
v
a
l
o
f
existing trees. A trail along the
n
o
r
t
h
s
i
d
e
o
f
t
h
e
N
i
n
e
-
M
i
l
e
Creek is planned for the future. The
p
a
r
k
s
,
r
e
c
r
e
a
t
i
o
n
a
n
d
n
a
t
u
r
a
l
resources staff recommend the Landscape Plan be revised to show the remaining trees be planted along the north proper
t
y
l
i
n
e
.
T
h
i
s
would help screen the proposed building from the fut
u
r
e
t
r
a
i
l
.
PEDESTRIAN SYSTEMS
No sidewalks or trails are proposed for this dev
e
l
o
p
m
e
n
t
.
T
h
e
Comprehensive Park Plan shows the trail extending
a
l
o
n
g
t
h
e
n
o
r
t
h
side of Viking Drive from Valley View Road, east to W
a
s
h
i
n
g
t
o
n
A
v
e
.
In negotiating with the Southwest Crossing and the bu
s
i
n
e
s
s
e
s
a
l
o
n
g
Viking Drive, the City deemed it was more desirable
t
o
h
a
v
e
a
t
r
a
i
l
along Lake Smetana than along Viking Drive. The p
a
r
k
,
r
e
c
r
e
a
t
i
o
n
and natural resources staff are not recommending
a
t
r
a
i
l
a
l
o
n
g
Viking Drive, since there is no trail to connect
t
o
.
A
p
r
o
p
o
s
e
d
trail also exists along the north side of Ni
n
e
-
M
i
l
e
C
r
e
e
k
.
According to our Park and Open Space Plan, a trail
a
l
o
n
g
W
a
s
h
i
n
g
t
o
n
Avenue is proposed north of this project starting a
t
t
h
e
c
r
e
e
k
a
n
d
going north.
BPC:mdd
AREA LOCATION MAP 1
"1.1
STAFF REPORT
Planning Commission
Scott A. Kipp, Assistant Planner
Chris Enger, Director of Planning
October 20, 1989
Church of the Jubilee
6500 Baker Road
Church of the Jubilee
Site Plan Review on 9.35 acres with variance to be reviewed by the
Board of Appeals for construction of a 3,000 square foot addition.
TO:
FROM:
THRU:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE OWNER:
REQUEST:
Background
The Comprehensive Guide Plan depicts
this property for Church land use,
and was zoned Public in 1977 for the
Crosstown Baptist Church. Surround-
ing land uses consist of open space
to the south and west, Tanager Creek
Apartments to the north, zoned RM-
6.5, Cardinal Ridge and Cardinal
Hills residential sub-divisions to
the east, zoned R1-13.5. As part of
the Developer's Agreement for this
property, the proponent is required
to return to the Planning Commission
and City Council for review and
approval of additional phasing for
the existing Church. On October 3,
1989, the City Council approved an
early grading permit for this
project in order to make soil
correction work in the area of the
Church expansion.
C (""
C
Church of the Jubilee 2 October 20, 1989
Site Plan
The proposed 3,000 square foot addition is for classroom use and will be located on
the west side of the existing structure. All setbacks are in conformance to code,
with the exception of the 5 foot setback requirement for parking from a structure,
near the building entrance. The proponent shall revise the plan indicating a proper
5 foot setback. The Floor Area Ratio (FAR) is proposed at 3% including this
addition, though City Code does not limit FAR's in the Public Zoning District.
Approximately 190 parking spaces are currently available on site. Parking
requirements for Churches are based on one stall for every three seats located in
the largest assembly room. The worship area contains approximately 325 seats,
requiring 109 parking stalls. Since adequate parking is availabe and the classroom
additions are for Sunday School purposes during Church services, additional parking
stalls will not be necessary.
Grading and Utilities
The only grading required on this project is for the foundation preparation. All
excess fill will be located in the southeast corner of the project to help screen
the parking from Baker Road.
Existing utilities will serve this addition.
Landscaping
A good amount of existing landscaping occupies the site and is located along the
frontage of Baker Road. Based on the Church addition, an additional 10 caliper
inches of trees are required. The proponent is supplying 15 caliper inches in the
form of 6 foot evergreens to compliment the screening berm at the southeast corner
of the site.
Architecture
The proposed addition is shown to be constructed primarily of stucco, split face
concrete block, and glass to match the existing building. Currently, City Code
requires that structures in the Public Zoning District be constructed with 75% face
brick and glass at a minimum. When the existing Church was constructed, the City
Code did not specify face brick within a Public Zoning District. A variance through
the Board of Appeals will be necessary for this addition.
The entry area for the addition includes a pitched roof feature designed for focal
interest and to playoff the existing pitched roof design of the existing facility.
All current and proposed rooftop mechanical units are shown to be screened with
metal panel consistent with City Code.
C
(C
Church of the Jubilee 3 October 20, 1989
Site Lighting
An issue that has been discussed with the proponent during the review of this
project is the need to control lighting glare from the Church property. City Code
requires all lighting glare to be contained on the site. Currently, floodlights are
being used to illuminate the parking lot, and are mounted on the building and on a
telephone poll located near the Church entrance. Since the locations of these
lights require an angle to properly light the parking lot, adjustments to the angle,
or the installation of lighting shields would not be effective since this angle
needs to be maintained to properly light the parking. Staff would recommend the
removal of all floodlighting from the property and implementation of a standard poll
and downcast shoebox lighting design.
Recommendations
Staff would recommend approval for Site Plan Review of 9.35 acres with variance for
the construction of a 3,000 square foot building addition subject to this Staff
Report, the plans dated October 6, 1989, and subject to the following:
1. Prior to City Council review, the proponent shall:
(a) Revise the parking plan to provide a minimum 5 foot setback from all
structures.
(b) Submit a new lighting plan for the project consisting of a standard
poll and downcast shoebox lighting design for the property in order
to contain all glare on-site.
2. Prior to building permit issuance, the proponent shall:
(a) Receive a variance from the Board of Appeals for the use of exterior
building materials not consistent with City Code.
3. Implementation of a downcast shoebox lighting design shall take place prior
to final building inspection and occupancy permit issuance.
4. Proponent acknowledges that future phasing for the Church will require a
return to the Planning Commission and City Council for review and approval.
2..,:2Z12(5
Planning CommiL;sion Minutes 2 October 23, 1989
Density Residential to Neighborhood Commercial on 5.59
acres and from Low Density Residential to Medium Density
Residential on 12.16 acres, Planned Unit Development
concept Review on 60.79 acres, Planned Unit Development
District Review on 60.73 acres with waivers, Site Plan
review and Zoning District Change from Rural and R1-22 to
RM-6.5 on 12.16 acres, Zoning District Change from Rural
to R1-13.5 on 37.65 acres, Preliminary Plat of 60.79 acre
s
into 17 townhouse lots, 60 single family lots, 2 outlets
and road right-of-way, Environmental Assessment Worksheet
Review on 60.79 acres for a mixed use development to be
known as Jamestown. Location: Southeast quadrant of
184th Avenue and Dell Road. This project to be continued
to November 13th.
Franzen reported that proponent had requested a
continuance to the November 13, 1989 Planning Commissio
n
meeting.
MOTION:
Bauer moved, seconded by Ruebling to continue the publi
c
hearing to the November 13, 1929, Planning Commission
meeting. Motion carried 4-0-0.
B. CHURCH OF JUBILEE, Request for Site Plan Review on 9.35
acres with variance to be reviewed by the Board of Appea
l
s
for construction of a 3,150 square foot addition.
Mike Bitner, representing the proponent, presented the
plans for a 3150 square foot addition for classroom spa
c
e
to the existing building. The addition would be located
on the western side of the building. The existing
entrances would remain in place and two additional
entrances being added. The exterior of the addition wou
l
d
be stucco with a split face concrete block. The excess
soil would be used to create a berm to screen the parkin
g
area. Six 6-foot evergreens would also be added for
screening.
Bauer asked Bitner to comment on the lighting proposed.
Bitner replied that the proponent was concerned about th
e
expense involved in removing the existing lights and
recommended that shields be used to direct the light.
Bauer stated that the proponents reply would indicate th
a
t
the proponent did not agree with the Staff
recommendations. Bitner replied that Staff had conclude
d
that the shields would not be effective; however, the
proponent would like to try the shields before going to
the extent of removing the lights.
Kipp stated that the City Council granted an early gradin
g
permit for the church addition. Kipp reported that th
e
request to use stucco would require a variance. The C
i
t
y
3,s:10
Planning Commission Minutes
3 October 23, 1989
Code requires faced brick; however, when
t
h
e
e
x
i
s
t
i
n
g
building was constructed stucco was
a
n
a
p
p
r
o
v
e
d
m
a
t
e
r
i
a
l
.
Kipp recommended that if NSP could
g
e
t
t
h
e
s
h
i
e
l
d
s
i
n
place for the site lighting so tha
t
a
n
e
v
a
l
u
a
t
i
o
n
c
o
u
l
d
b
e
made by Staff prior to the City Cou
n
c
i
l
m
e
e
t
i
n
g
,
t
h
i
s
would be acceptable to Staff.
Mitch Wonson, 14007 Holly Road, sta
t
e
d
t
h
a
t
h
e
h
a
d
h
a
d
several communications with City St
a
f
f
r
e
g
a
r
d
i
n
g
t
h
e
lighting problem since its install
a
t
i
o
n
i
n
1
9
8
6
.
w
o
n
s
o
n
believed that a hardship had not be
e
n
d
e
m
o
n
s
t
r
a
t
e
d
t
o
support the request for the exterio
r
b
u
i
l
d
i
n
g
m
a
t
e
r
i
a
l
variance. He further believed that
t
h
e
c
u
r
r
e
n
t
architecture was not up to City Cod
e
a
n
d
r
e
c
o
m
m
e
n
d
e
d
t
h
a
t
the entire building be required to
m
e
e
t
C
i
t
y
C
o
d
e
.
W
o
n
s
o
n
stated that the parking lot did not
m
e
e
t
C
i
t
y
C
o
d
e
requirements and the ballfields were
c
o
n
s
t
r
u
c
t
e
d
o
n
a
portion of floodplain and not enti
r
e
l
y
o
n
t
h
e
C
h
u
r
c
h
'
s
property. Wonson stated that a sig
n
i
f
i
c
a
n
t
a
m
o
u
n
t
o
f
glare was produced by the existing
l
i
g
h
t
i
n
g
.
W
o
n
s
o
n
a
d
d
e
d
that he had received a letter from
t
h
e
C
i
t
y
s
t
a
t
i
n
g
t
h
a
t
NSP had done everything possible to
r
e
d
u
c
e
t
h
e
g
l
a
r
e
.
Wonsan strongly recommended that th
e
P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
support the Staff recommendations.
Roger Davis, 6500 Baker Road, Pasto
r
o
f
t
h
e
C
h
u
r
c
h
o
f
Jubilee, stated that the expansion
w
a
s
n
e
e
d
e
d
.
D
a
v
i
s
understood the sensitivity of the l
i
g
h
t
i
n
g
i
s
s
u
e
a
n
d
a
d
d
e
d
that the Church had tried to work o
u
t
s
o
l
u
t
i
o
n
s
.
H
e
stated that he had met twice with r
e
p
r
e
s
e
n
t
a
t
i
v
e
s
f
r
o
m
N
S
P
and had hired a lighting contractor
t
o
r
e
v
i
e
w
t
h
e
situation. Davis said that NSP had
i
n
f
o
r
m
e
d
t
h
e
C
h
u
r
c
h
that the shield would eliminate the
o
f
f
s
i
t
e
g
l
a
r
e
;
however, if this solution did not
w
o
r
k
h
e
w
o
u
l
d
h
a
v
e
n
o
objection to adhering to the Staff
r
e
c
o
m
m
e
n
d
a
t
i
o
n
.
D
a
v
i
s
noted that the softball fields had
e
x
i
s
t
e
d
w
h
e
n
t
h
e
C
h
u
r
c
h
was constructed and the Church had
m
e
r
e
l
y
d
r
e
s
s
e
d
t
h
e
fields up.
Kipp stated that the City Code requ
i
r
e
m
e
n
t
w
a
s
t
h
a
t
a
l
l
lighting glare be contained onsite
.
K
i
p
p
r
e
c
o
m
m
e
n
d
e
d
t
h
a
t
the lighting glare be mitigated pri
o
r
t
o
t
h
e
B
u
i
l
d
i
n
g
Permit issuance.
Ruebling asked Davis what the light
i
n
g
c
o
n
t
r
a
c
t
o
r
h
i
r
e
d
b
y
the Church had done or recommended
.
D
a
v
i
s
r
e
p
l
i
e
d
t
h
a
t
the lighting contractors had adjust
e
d
t
h
e
t
i
l
t
o
f
t
h
e
lights at a different angle.
Sandstad noted that Staff had requ
e
s
t
e
d
t
h
a
t
a
l
i
g
h
t
i
n
g
plan be presented, which he did no
t
b
e
l
i
e
v
e
h
a
d
b
e
e
n
d
o
n
e
.
Ruebling asked Staff if engineers
w
e
r
e
n
o
t
a
v
a
i
l
a
b
l
e
w
h
i
c
h
could calculate the amount of glare
w
i
t
h
o
u
t
t
h
e
n
e
e
d
t
o
3‘;-7)
Planning Commission Minutes 4 October 23, 1989
actually install the shields without knowing if they would
help the situation. Kipp replied that there were many
variances in the field which could affect the light and
added that he would prefer a field inspection after the
shields had been installed. Kipp noted that the pole
light was the critical issue.
Bauer asked the proponent if they were willing to make a
time commitment for the installation of the shields and a
resolution to the lighting problem. Davis replied that
NSP should be able to install the shields within the next
few days. Bauer stated that because of the concern voiced
by a neighbor regarding the lighting he was not in favor
of approving the project based on a nebulous plan. Kipp
replied that the Building Permit could be held until the
lighting issue was resolved.
Franzen stated that shoebox lighting would only light the
area around the building and; therefore, additional
parking lot lighting would be required.
Wonson believed that the site needed a comprehensive site
plan review and was not comfortable with just the use of
shields.
Ruebling asked if the parking lot met City Code
requirements. Kipp replied that the parking lot meets and
exceeds code requirements for the number of stalls.
Ruebling then asked if there was a drainage problem. Kipp
replied that the Watershed District reviews the drainage
plans, but did not know if this had taken place. Kipp
added that City Code did not require curb and gutter.
Hallett and Anderson arrived at 8:05 PM.
Dodge asked what had been done in the past regarding an
addition to an existing building and a request for a
variance on exterior building materials. Franzen replied
that if the addition were the major portion of the
building it would be recommended that the original portion
of the building be brought up to City Code standards.
MOTION 1:
Sandstad moved, seconded by Bauer to close the public
hearing. Motion carried 4-0-0.
MOTION 2:
Bauer moved, seconded by Sandstad to recommend to the City
Council approval of the request of Church of Jubilee for
Site Plan Review on 9.35 acres for a 3,150 square foot
addition to the church facility, with variance for
building materials to be reviewed by the Board of Appeals,
, n-7
Planning Commission Minutes
5 Octoher 23, 1989
hased on plans dated October 6, 1989, s
u
b
j
e
c
t
t
o
t
h
e
recommendations of the Staff Report dat
e
d
O
c
t
o
b
e
r
2
0
,
1
9
8
9
with the rewording of Item B of the Sta
f
f
R
e
c
o
m
m
e
n
d
a
t
i
o
n
s
to read: Correct the offsite lighting g
l
a
r
e
p
r
o
b
l
e
m
within the confines of the current City
O
r
d
i
n
a
n
c
e
p
r
i
o
r
t
o
the issuance of an Occupancy Permit. Mo
t
i
o
n
c
a
r
r
i
e
d
4
-
0
-
0
C. BLUFFS EAST 7TH ADDITION, by Husta
d
D
e
v
e
l
o
p
m
e
n
t
.
R
e
q
u
e
s
t
for Guide Plan Amendment and Planned U
n
i
t
D
e
v
e
l
o
p
m
e
n
t
District Review on 186 acres, Site Pla
n
R
e
v
i
e
w
a
n
d
Z
o
n
i
n
g
District Change from Rural to RM-6.5 o
n
7
.
6
a
c
r
e
s
,
Preliminary Plat of 12.15 acres into 2
6
m
u
l
t
i
-
f
a
m
i
l
y
l
o
t
s
,
one outlot, and road right-of-way. Lo
c
a
t
i
o
n
:
W
e
s
t
o
f
County Road 18 and north of Bluff Road
.
Mary McCulley, representing the propone
n
t
,
s
t
a
t
e
d
t
h
a
t
t
h
e
PUD had been approved originally in 19
8
6
.
T
h
e
p
l
a
n
w
a
s
for 6 additional units to be developed
i
n
t
h
e
S
o
u
t
h
e
a
s
t
e
r
n
Corner of the project with a density o
f
2
.
1
u
n
i
t
s
p
e
r
acre. The proponent believed that this
a
r
e
a
w
o
u
l
d
b
e
b
e
s
t
served by duplexes. McCulley stated th
a
t
t
h
e
R
l
u
f
f
6
t
h
Addition was already developing the hig
h
e
r
p
r
i
c
e
d
d
u
p
l
e
x
e
s
and believed that this addition would c
o
m
p
l
e
m
e
n
t
t
h
e
B
l
u
f
f
6th Addition. McCulley noted the signi
f
i
c
a
n
t
d
i
f
f
e
r
e
n
c
e
In grade for the lots to the north and
a
d
d
e
d
t
h
a
t
additional grading beyond the proposed
g
r
a
d
e
p
l
a
n
w
o
u
l
d
limit the amount of grading allowed on the northern lots
.
Walkout homes were proposed along Bluf
f
R
o
a
d
.
M
c
C
u
l
l
e
y
stated that the Staff's recommendation
f
o
r
s
m
a
l
l
e
r
sideyards and having backyards facing s
i
d
e
y
a
r
d
s
w
o
u
l
d
m
a
k
e
it difficult to construct the proposed
d
u
p
l
e
x
e
s
.
S
h
e
added that the other Staff recommendati
o
n
t
o
t
u
r
n
a
l
l
t
h
e
units away from Duck Lake Circle would
m
a
k
e
g
r
a
d
i
n
g
m
o
r
e
difficult. McCulley stated that the upg
r
a
d
e
o
f
B
l
u
f
f
R
o
a
d
and the need for an addition 10 feet fo
r
t
h
e
r
i
g
h
t
-
o
f
-
w
a
y
was severely impacting the development
o
f
t
h
e
s
e
l
o
t
s
.
McCulley added that the City was also r
e
q
u
e
s
t
i
n
g
additional right-of-way along County Ro
a
d
1
8
.
S
h
e
a
d
d
e
d
that from a marketing standpoint this c
o
r
n
e
r
a
r
e
a
w
a
s
m
o
r
e
difficult to develop because of these ad
d
i
t
i
o
n
a
l
r
i
g
h
t
-
o
f
-
way requirements.
Steven Schwieters, Wooddale Builders,
p
r
e
s
e
n
t
e
d
t
h
e
p
l
a
n
s
for one level townhomes proposed for
t
h
e
d
e
v
e
l
o
p
m
e
n
t
.
H
e
noted that these units would be approx
i
m
a
t
e
l
y
2
2
0
0
s
q
u
a
r
e
feet, which was a larger unit than nor
m
a
l
l
y
p
r
o
p
o
s
e
d
f
o
r
a
townhouse. The price range would be a
p
p
r
o
x
i
m
a
t
e
l
y
$265,000 to $310,000. Schwieters stated that 13 to 14 units had already been sold in the Blu
f
f
s
6
t
h
A
d
d
i
t
i
o
n
.
He added that there was also a need for
a
s
m
a
l
l
e
r
u
n
i
t
o
f
approximately 1700 square feet with a
p
r
i
c
e
r
a
n
g
e
o
f
$170,000 to $200,000. The concepts wou
l
d
b
e
t
h
e
s
a
m
e
f
o
r
either size. The units could be develo
p
e
d
w
i
t
h
e
i
t
h
e
r
a
MEMORANDUM
TO:
FROM:
THRU:
DATE:
PROJECT:
Mayor and City Council
Scott A. Kipp, Assistant Planner
Chris Enger, Director of Planning
November 17, 1989
Church of the Jubilee
On October 23, 1989, the Planning Commision approved the request
for building expansion for the Church of the Jubilee. Two issues
raised in the Staff Report relate to the structure's building
materials and the existing site lighting.
The proposed building expansion is shown to be constructed primarily of stucco, glass and split-face concrete block to match
the existing structure. City Code requires that 75% of the
exterior building finish consists of face-brick, natural stone, or
glass. Since the original phase of the Church was built prior to
adoption of the building materials code, the proponent requests a
variance in order to blend the addition into the existing building
design.
On November 9, 1989 the project went before the Board of Appeals
and Adjustments, at which time the variance was continued to the
December 14, 1989 meeting in order to further evaluate the
possibilities of being able to meet City Code without a variance.
No plan revisions have been submitted at this time.
The second issue that needs to be addressed is the site lighting.
The City has received complaints of off-site glare from the
existing parking lighting system. City Code requires that all
lighting glare be contained on the property. After Staff review,
it was determined that the proponent would need to provide a new
lighting plan consisting of a downcast lighting design to control
the glare. At the Planning Commission meeting, the proponent
requested the opportunity to evaluate the use of shields placed on
the existing lighting in order to control off-site glare. It was
agreed that prior to the City Council meeting, the Church would
implement the lighting shields for Staff evaluation. During this
week, the Zoning Administrator evaluated the effectiveness of the
lighting shields during evening hours and found that the glare was
controlled by the shields. However, an additional light, mounted
on the south end of the west wall, does not have a lighting shield
and will need to be implemented as part of this approval. Although
the site lighting does not utilize a downcast shoebox design, the
implementation of the lighting shields meet the intent of the City
Code requirement.
Staff would recommend approval of the site plan review on 9.35
acres with a building materials variance to be reviewed by the
Board of Appeals for construction of a 3,150 square foot building
addition, subject to plans dated October 6, 1989, the Staff Report
of October 20, 1989, this memo and the results of the December 14,
1989 Board of Appeals and Adjustments decision.
CJUBILEE.SAK:mmr
00,
Pactor Roger I hi‘is
\..1% ." 44
Church
To: City Council of Edeu Prairie
From: Church Of The Jubilee
RE: Building addition of. 6500 Ba!wr Pd.
DATE: 11-15-89
On the meeting scheuuled for November 21, 1989 we will be pre-
senting our request to hoi1d tn tddition to our church. This letter
is LO hotter acriniint with ourselves.
BRIEF HISTORY: In mid - .!86 we bought the existing building
and property. AL that t. m° the grounds were filled with weeds and
badly in need of mainteu,nce. The building itself needed mainten
a
n
c
e
and renovation. In the '31/2 years we have been here we have renovat
e
d
both inside and outsiee it a cost of about $200,000. Our goal is to
continue to renovate bota the grounds and the building as money
becomes available.
REQUEST: We desire to d4 aperoximately 3150 S/F of Suinde.y School
and teen space to tha waat side of the existing building. This addition will meet_ all:
1. SETBACK CODES
2. ,'ARKINCI CODES
3. ATERIAL CODES
4. AFETY CODES
5. ::TC.
We di:' request iv iance in order to use a percentage of stucco
on the outside so it wou ,d be compatible with the existing building.
However, because the Apr. al.,: Poe rd c.?s hesitant to approve stucco, we withdrew the rcquest anc ct,e material that roots the coda.
We have had bre1imi cry permits qrwIted to do soil correction, and to nonr footings an( hInck i tO urade while the weather Was ntill acvantaq.sons. it cotaciata 1111 dceomodation by the city.
3,0 41
Pastor Roger Davis
OBJECTIONS ENCOUNTERED: At the Planning Commiss
i
o
n
r
e
v
i
e
w
;
a
g
e
n
t
l
e
-
man voiced various concerns about our property. Th
e
r
e
f
o
r
e
I
w
i
l
l
address them as well.
1. Small Portion of Parking Lot on Flood Plain.
Mr. Obermeyer of the Watershed District was notif
i
e
d
o
f
this and says "it is not a problem."
2. Softball Field.
A portion of the outfield fence and a "sliver" of
l
a
n
d
falls on Park property. Mr. Lambert was notified a
n
d
s
a
i
d
,
"
I
will get back to you if its a problem."
3. Glare from Parking Lot lights.
After being notified of this, since we desire to b
e
sensitive to our neighbors, we tilted the pole li
g
h
t
s
a
n
d
w
a
l
l
lights more downward. After hearing the latest c
o
n
c
e
r
n
b
y
o
u
r
neighbor we tilted the lights even further and in
s
t
a
l
l
e
d
s
h
i
e
l
d
s
on the lights which prevent "off site glare." We
h
a
v
e
r
e
q
u
e
s
t
e
d
a site inspection by the city.
Thank you for taking the time to read this letter
a
n
d
i
f
t
h
e
r
e
are any questions, don't hesitate to call me at h
o
m
e
(
5
4
6
-
9
4
5
5
)
o
r
a
t
church (934-4302).
NOVENEEP 21.1989
cOOLER-SPECIAL EVENTS
PAYROLL 10/27/89
PAYROLL 10/27/89
CHILD SUPPORT DEDUCTION
PAYROLL 10/27/89
PAYROLL 10/27/89
CHILD SUPPORT DEDUCTION
PAYROLL 10/27/89
PAYROLL 10/27/89
PAYROLL 10/27/89
PAYROLL 10127/3 9
PAYROLL 10/27/89
CONFERENCE -FIRE DEPT
NOVEMBER 69 RENT-LIQUOR STORE
CONFERENCE-ENGINEERING DEPT
-CONFERENCE-TOMINISTRATION/COUNCIL/
PLANNING DEPT
-2ND MORTGAGE-19165 Ducr LAKE TRAIL-
SCATTERED SITE HOUSING ASSISTANCE PROGRAM
CHANGE FUND-PROGRAM SUPERVISOR
EXPENSES-E0MmuOITY CENTER
XEROX PAPER-CITY HALL
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
SERVICE
REFUND-BICYCLE TOUR
REFUND-SWIMMING LESSONS
RETUND-SKATING LESSONS
REFUND-BICYCLE TOUR
REFUND-SWIMMING LESSONS
I4FRUND-3WIMMING LESSONS
RFFUND-SIMMING LESSONS
REFUND-SWIMMING LESSONS
PEFUND-S1ATING LESSONS
REFUND-S1:ATING LESSONS
REFUND GRINNING LESSONS
POSTAGE-COMNUNITY CENTER MEMBERSHIP FLYERS
DIGITAL PAIN GAUSE-ENGINEEPINS DEFT
IRRIGATION SYSTEM REPAIR-PRANLO PARK
-TOOL BOX.-1705.95:SCREWDRIvER SETS/PLIERS ,
wAENCHFS-FIRE DEPT
2 STREET SIGNS-STREET DEPT
FIRST AID INSTRUCTOR/FEES PAID
FOOTBALL & VOLLEYDALL OFFICIAL/ FEES PAID
CHEMICALS•WATER DEPT
-DRILL BITS/SCREWS/WASHERS/CLEANING
SUPPLIES-WATER DEPT
-TRAFFIC SIGNAL REPAIR/POLE ARMS -TRAFFIC
CONTROLjSTREET LIGHTING
55459 THE WHOLESALE CLUB
55460 CITY-COUNTY CREDIT UNION
55461 COMMISSIONER CF REVENUE
'5462 CROW WINO COUNTY SOCIAL SERVICES
5465 FIRST BANK EDEN PRAIRIE
55464 GREAT WEST LIFE ASSURANCE CO
55465 HENN CTY SUPPORT t , COLLECTION sER
55466 'CNA RETIREMENT CORPORATION
55467 INTERNAL REVENUE SERVICE
55468 MN TEAMSTERS CREDIT UNION
55469 ETECUTIVE DIRECTOR-PHA
55470 UNITED WAY
55471 SPECJRUM SAFETY CONSULTANTS INC
55472 JASON-NORTHCO PROP LPOI
50475 UNIVERSITY OF MINNESOTA
55474 METROPOLITAN COUNCIL
55475 MINNESOTA TITLE
55476 PETTY CASH
55477 PETTY CASH-COMMUNITY CENTER
55476 BUTLER PAPER COMPANY
55475 NO;JHERM STATES POWER CC
55480 U S WEST COMMUNICATIONS
55481 AT! .V CONSUER PRODUCTS DIV
55482 01`,01
55483 VOID OUT CHECK
55494 MINNEGASCO
c54S5 NORTHERN ST'TES POWER COmA400
486 ATIT
...48T KAREN ANDERSON
5548E mICHELLE BGMBARD
5543 9 CHPISTOPHEP EVANS
55490 WILL GRO0ENDE
55451 BRENDA GILLITzER
55492 GEOPSE GREEN
55493 PATRICIA LEE
55454 JULIE MAT"
55495 JAC:IrELINR NICH:ILSON
55496 TERRI WALKER
55497 DEREK SEAS
554%3 HOP INS PO -ITNASTEP
5549 9 HEATH COmFA.
55500 rEOUIRES 530 PLR", WTO INC
555i' SERS
555 0 2 VOID OUT CHECK
:LL;rmISS IOND1: TRANSPOP“,T ION
5550 4 EARL ANTHONY
55505 N./HAT! Bu:i
55506 DF'_ 1%5OST: INC
55507 T., ,N4 SYSTEm
55506 ILLrER ELECTRIC CO INC
1698.0(.,
1049:,.:;2
49125.2:
4785.00
194.76
1505.5:
32.0(
25.00
27647.5B
243.5U
500.00)
6141.94
170.00
75.00
23.43
760.40
10.4
5678.32
29.35
540.91
0.00
110.8i
11172.3E
272.74
45.0C
24.GO
22.00
45.00
15.25
22.00
15.25
19.00
22.00
15.25
339.44
99.95
319.56
505.:7
0.00
170.6C
90. CC
7090.15
522.21
771.04
4 321526
NOVEMBER 21.1989
55509 Wm MUELLER'. SONS INC
55510 PARAGON CABLE
55511 PREMIER FASTENER COMPANY
55512 X ERGON
55513 ALL AMERICAN BOTTLING CORP
55514 BEER WHOLESALERS INC
55515 MIDWEST COCA COLA BOTTLING CO
55516 DAY DISTRIBUTING CO
55517 EAST SIDE BEVERAGE CO
55518 HOME JUICE INC
55519 KIRSCH DISTRIBUTING CO
55520 MARK VII DISTRIBUTING COMPANY
55521 PEPSI COLA COMPANY
55522 THORPE DISTRIBUTING COMPANY
55523 BEIJING CHINESE RESTAURANT
55524 SUPPLEE'S 7 HI ENTER INC
55525 ST CLOUD TECHNICAL COLLEGE
555:6 CAFE ON THE POND
55527 MN DEPT OF P/S
55528 BLOOMINGTON ART CENTER
55529 BROWN & CRIS INC
55530 RICHARD KNUTSON INC
55531 MIDWEST ASPHALT CORP
55532 NDDLAND CONSTRUCTION CO
55533 NORTHDALE CONSTRUCTION CO
55534 SHAFER CONTRACTING INC
-,5535 A TO 2 RENTAL CENTER
55536 ARM EQUIPMENT C SUPPLY INC
55537 ALL CHEMICAL PRODUCTS INC.
55538 VOID OUT CHECK
55539 AIRLIFT POSTS
5554) AIRSIENAL INC
55541 AMERI-S 7 AR LIGHTING
55542 VOID OUT CHECK
55543 ERL F ANDERSEN & ASSOC INC
55544 ANDERSON'S GARDEN
55545 ADC:N INC
55546 P/L CS ROCIN INC
5554 7 AFmOP SECURITY INC
555 4 3 AFTSIGN mATERIALS CO
5554 9 ASSN OF: METPORDLIU ,N MUNICIPALIT1
55550 B & S TOOLS
55551 BACON'S ELECTRIC CD
5 5552 BAREFOOT GRASS LAWN SERVICE
45,29474:
SAND-PARK MAINTENANCE
CABLE TV OUTLET-SENIOR CENTER
CUTTING TOOL-WATER DEPT
CLEANING SUPPLIES-WATER DEPT
MIX
BEER
MIX
BEER
PEER
MIX
BEER
BEER
MIX
BEER
-EXPENSES-COUNCIL/HISTORICAL N CULTURAL
COMMISSION
NOVEMBER 89 RENT-LIQUOR STORE
SCHOOL-FIRE DEPT
EXPENSES-HUMAN SERVICES DEPT
MOTOR VEHICLE REGISTRATION
SENIOR PROGRAMS/FEES PAID
SERVICE-CITY WEST PARKWAY EXTENSION
SERVICE-BLUFF ROAD
-SERVICE-BYPASS F TURN LANE IMPROVEMENTS
FOR CEDAR RIDGE SCHOOL
-SERVICE-HIDDEN GLEN 390 ADDITION/wYNDHAM
CREST/CEDAR RIDGE STORM SEWER
SERVICE-MITCHELL RD TO CTY P.O 1
SERVICE-VALLEY VIEW RD -1-494 INTERCHANGE
-CARD TABLE RENTALS-HALLOWEEN PARTY-SOCIAL
EVENTS
-SIGN POST DRIVER-$1662.00/POST HOLE
-DIGDER-3I311.00/S1GN POST PULLER-E1244.00/
COUPLERS-STREET DEPT
CLEANING SUPPLIES-EQUIPmENT MAINTENANCE
REPLACE CIRCUIT BOARD-FIRE STATION
FADER SERVICE-POLICE DEPTICOMmUNITY CENTER
LIGHT BULBS-TRAFFIC CONTROL DEVICE
STREET SIGNS/BRACKETS:1( DING-S7REFT DEPT
EXPENSES-FIRE DEPT
-HELIUM TANK/VALVE RENTAL-RECREATION
ADMINISTRATION
-ROOF RERAIP-SMETANA LANE-HOUSING
REHABILITATION PROGRAM
REPLACE LOCK-FIRE DEPT
OFFICE SUPPLIES-FLANNING DEPT
EiRENSES-ADMINISTRATION
-SCREWDRIVER SETS/PLIER SETS/WPENCHES/
-ADAPTOR/SLIDE/VISE GRIP:SOCKET HOLDER/
-CHISEL/SOCKETS/SAFETY GLASSES-WATER DEPT/
EQUIPMENT MAINTENANCE
REPAIRS TO DAMPER MOTORS-WATER DEPT
LAWN CARE-POLICE BUILDING
114.2:
2.65
70.0 7
111.2:
721.54
7 4 85.75
514.19
12298.71
64.92
461.6:
14107.45
387.44
18489.70
47.49
5043.67
10.00
63.0
8.50
31.00
1363.4S
175646.E5
5581.72
171932.70
62774.25 :
99.00
9.5 4
4560.65
134.40
0.60
221.00
407.5C
0.00
5165.7 2
26.00
25 9 0
124.5 4
to4.7 -
170.05
69
3,1o6
55560 THE DRAuER GROUP
55561 BRAUN ENG TESTING INC
55562
55563
55564
55565
BRISSMAN KENNEDY INC
BROCK WHITE CO
MAXINE BRUCE)
BRW INC
55566 MATT BULLOCK CONTRACTING CO
55567 BUREAU OF CRIMINAL APPREHENSION
55568 BUSINESS CREDIT LEASING iNC
5556? CARGILL SALT DIVISION
55570 CHEMLAWN
-571 CLAREY'S SAFETY EQUIRMENT INC
55557 C6“om pIRE :,=;--pAL!s IL
55584 CuTLEP-NAGN comAN't
55535 F /N.1YL RN
55596 DALCO
55567 DAN ,!p4uTLNAN PRESS
55593 DECORATIVE DESISNE
555/IN DEL AIR CONDITIONING K HEATING
5554o bCLEGAPD 20
-541 DON EVE %,:`14 .3
55572 CLEVELAND COTTON PRODUCTS
55573 CLUTCH S TRANSMISSIGN SEE INC
55574 CMI REFRIGERATION
55575 SCOTT C COLE
55576 COMMERCIAL ASPHALT CO
55577 csmmisEISNER OF TRANSPORTATION
55578 COMMUNICATIONS CENTER
5557 9 CONCEPT mICRORILM INC
55560 CONTACT MOBILE CLE1MUNICAIIONS INC
5550 COPY EQUIPMENT INC
55532 Usewm mAFE 1%3 INC
ADMINISTRATION
SERVICE-PURGATORY PARK SITE SURVEY
-SERVICE-RESEARCH-MITCHELL RD STREET
-IMPROVEMENTS/COUNTY PBS 1 & 18 STORM
-SEWER/CEDAR RIDGE STORM SEWER/STARRING
LAKE PARK
GARBAGE BAGS-FACILITIES DEPT
PAINT-PARK MAINTENANCE
SCHOOL/MILEAGE-FINANCE DEPT
-SERVICE-TRAFFIC STUDY/VALLEY VIEW RD-
MITCHELL TO COUNTY RD 4
SERVICE-STARING LAKE PARK
SERVICE
DECEMBER 69 COPIER RENTAL-FIRE DEPT
SALT-SNOW & ICE CONTROL
LAWNCARE-SENIOR CENTER
-REDUCERS/ADAPTERS/2 AIR CHISEL SETS -
-$1070.00/FITTINGS/CHISELS/2 ATTIC LADDERS
1266.00/2 ROOF LADDERS -1440.00 -FIRE DEPT
PARER TOWELS-WATER DEPT
TAIL SPOUT/EIRAKE PAD KIT-EQUIPMENT MAINT
FLAKED REPAIR-COMMUNITY CENTER
LICENSE-PARK MAINTENANCE
BLACKTOP-STEEET DEPT
SERVICE-HIGHWAY 169 IMEP04EMENTS
CIRCUIT REPAIR-EQUIPMENT MAINTENANCE
MICROFILMING-ENGINEERING DEPT
RADIO REPAIR-EQUIPMENT MAINTENANCE
OFFICE SUPPLIES-EQUIPMENT MAINTENANCE
-NAME PLATES-PAR COMMESSIONiELANNINS
COmmISSIoN
ROCKER SWITCHES-FIRE DEPT
QUACKLIME-wATER DEPT
OCTOBER Sc EXPENSES-LIQUOR STORES
CANING N//EEL ICE-CATER DEPT
PRINTING-MEMBERSHI6 DsivE-CCINmuNI:v CENTER
NOVENDER 99 SERVICE-CiTY HALL
IN REPLACE cOmPRESSaR-LftueR STORE
-CARBIDE INSERTS/TAPE/ADAPTOR PIT/GREASE
-HoSES/BEARINGS/vANES:GREASE GUN/LEVER GUN
EQUIPMENT MAINTENANCE/PARK MAINTENANCE
muLCH-RAF4 MAINTENANCE
6O4.R7
27.4 8
2640.67
242.1;
9:2.00
25.00
S80.00
12869.35
3.27
28:.f0
145.00
5:27.2R
376.8?
1E2.75
55 4 0.C/9
1)0.00
2531.00
117.25
251.25
7.50
17.7,5.70
121085.52
=0.75
-cp ,g
420.70
2 7 1.7 6
140.55'
4'4 42.23
30../0
5 4 .20
5R9.15
372.37
2100.
NOVEMBER 21.1'48'T
55553 BATTER/ 1: TIRE wARBHDER- INC -WI RE/FUEL LINE HODES/WINDSHIELD wASHER
-FLUID/BATTERIES/SIGNAL LIGHTS/MUFFLER
CLAMPS/HOSE CLAMPS -EQUIPMENT MAINTENANCE
7 5554 BECTEP I. ASSOCIATES INC EDGE BLADES-ICE ARENA-COMMUNITY CENTER
5555 ARIE BERGLUND VOLLEYBALL !!, BASKETBALL OFFICIAL/FEES PAID
55556 BIG A AUTO FARTS - CHANHASSEN -HITCHES/TRUCE COVER/SEAT COVEP/MUFFLERS/
-FILTERS/DRAPE PADS/CARBURETOR EITS/FLOAT/
-GRATEiBRAEE SHOES/SHOCES/DPAIN PLUGS/TOW
-HOOKS-WATER DERTISEWER DEPT/EQUIPMENT
MAINTENANCE
55557 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMU
N
I
T
Y
C
E
N
T
E
R
55558 CITY OF BLOOMINGTON SEPTEMBER 89 ANIMAL IMPOUND SERVICE
55559 BLUMBERG COMMUNICATIONS INC -LECTERNETTE RENTAL-RECREATION
1 7e4
NOVEMBER 21.198,,
55592 DPC INDUSTRIES INC
55597 DRISKILL; SUPER VALU
55594 VOID OUT CHECK
55595 PAULA DUNNUM
5596 ECOLAB PEST ELIMINATION DIVISION
55597 E P PHOTO
55598 EDEN PRAIRIE BASEPi n LL ASSOCIATION
55599 EDINA SW PLUMBING
55600 DEB EDLUND
55601 JOHN EKLUND
55602 ELVIN SAFET F SUPPLY INC
55603 GEORGE ERICKSON
55604 RON ESS
55605 EXPRESS MESSENGER SYSTEMS INC
55606 FAIRCHILD MARKETING
55607 FEDERAL LICENSING INC
55608 FOIST BLANCHARD CO
55609 FLEET MAINTENANCE INC
55610 FORD MOTOR CREDIT COMPANY
556:1 FOUR STAR EiW,, I PESTAURAT SUPPLY
55612 LYNDELL FREY
5613 G 7, V SERVICE!',
55614 DARRELL GEESE
55615 GETTING TO KNOW YOU
55616 JOSEPH GLEASON
55617 GME CONSULTANTS INC
55618 GUTTER 4;ELDING INC
5561 9 GOODWILL INDUSTRIES IN;
55620 0 0 GRAINGER INC
55621 ALAN GRAY
55622 OFENICEFEC
55677 GROSS OFFICE SUPpLy
55624 SSC FPOF,'S
LEROY Gi.r0A
55626 F/CF-F CU
5.5 ,;27
HALITE:14N INC
55623 HiNSEN ELLIMEN i:LSON INC
55679 HARMON GLASS
'5670 HENMFPIN COUNTY TREASURER
29797
CHLORINE-WATER DEPT
EXPENSES-POLICE DEPT
AEROBICS INSTRUCTOR/FEES PAID
NOVEMBER 89 SERVICE-FIRE STATIONS
FILM/FILM PROCESSING-POLICE DEPT
CITY'S SHARE OF BATTING CAGE-PARK. MAINT
REPLACE CIRCULATING PUMP-POLICE EUILDING
MINUTES-PLANNING COMMISSION
WASTE DISPOSAL-FORESTRY DEPT
-SAFETY GLOVES/HARD HATS/01NTERLINERS-
WATER DEPT/BUILDING INSPECTIONS DEPT
SERVICE-SPEAKER-OUTDOOR CENTER PROGRAMS
HOCKEY OFFICIAL/FEES PAID
POSTAGE-CITY HALL
ADVERTISING-LIQUOR STORES
BOOK-FIRE DEPT
-COIL/BEARINGS/HUB CAPS/OIL FILTERS/AIR
-FILTERS/FLASHERS/FUSEHOLDER KITS/DOOR
-ALARM SWITCHES/WIRE/GASKETS/OIL DRAIN
-PLUGS/RADIATOR HOSE/HOSE CLAMPS-EQUIPMENT
MAINTENANCE
-REPAIRED PRESSURE GAUGES & LEAKS-FIRE
DEPT
-DECEMBER 09 COPIER INSTALLMENT PAYMENT
POLICE DEPT
SUPPLIES-LIOUOR STORES
-EXPENSES/MILEAGE-PROGRAM SUPERVISOR;
SPECIAL EVENTS
-COVERALLS/MATS-H ATER DEPTiF PK AINT/
LIQUOR STORE
HOCKEY OFFICIAL/FEES PAID
ADVERTISING-LIOUOP STORES
HOCKEY OFFICIAL/FEES PAID
SERVICE-COUNTRY GLEN
PLOW MARKER REP,I.IRS-EOUIPMENT MAINTE ,:ANCE
-OCTOBER E9 EXPENSES-SCLID WA TE
MAAGEMENT
SCRAPING CHISEL-WATEi1. DEPT
-OCTOBER 29 EXPENSESiCONFERENCE-
ENGINEERING DEPT
-WINTERIZATION OF LAWN SPRINYLEP S'iETEMS-
PUBLIC: WORKS BUILDINPFIRE STATIONS
OFFICE SUPPLIES-POLICE DERT
-6 POWEP RASE STANBAF,DS-i2220!6
-VOLLEYBALL NETS-$177.00 N VaLEYSALL
ANTENAE-S274.55-GSANI7E5 ATYLSTICC
HOCKS. OFFICIAL/FEES ='AID
',ORF-LIES-WATEP DEPT
FLOOR. PLATES-OU:ANIZED ATHLETICS
-SERVICE-HAMILTON RD/BLUFF RDC.O .AT't RD 4
PIONEER TRAIL WATERMAPPRIVERVIEW RD/
RED ROCK SHORES/STARING LAKE PARK
SHADED WINDSHIELDS-EQUIPMENT MAINTENANCE
FILING FEE-PLANN1NG DEFT
'5.00
16,80
47.77
4S5.00
1E7.00
SC
E5.50
146.00
11.90
350.00
15.00
862.76
524.70
3
5:5.25
160.00
1E4.80
721.00
1136.00
114.40
1814.67
17.40
7C,T.92
77.9.25
17
55
114.43
13775.5.5
485.35
523.00
316
NOVEMBER 21.1909
55631 HENNEPIN STAIIONEPS U N:
55632 TROY HERBST
55633
C HEY COMPANY INC
45634 HI TECH INSTALLATION INC
55635 HOPPERS INC
55636 F1OLMSTEN ICE PINKS INC
55637 HONEYWELL INC
55638 ISM CORPORATION
5563 9 INDEPENDENT SCHOOL 01ST
55640 ICmA
55641 INTERSTATE DETROIT DIESEL INC
55642 INSTY PRINTS
55643 JAMCO INTERNATIONAL INC
55644 BEN JENNEY
55645 JM OFFICE PRODUCTS INC
55646 LARRY JOHNSON
55647 KAHNKE BROS INC
55648 LAB SAFETY SUPPLY
55649 LANDSCAPE PRODUCTS CENTER
55650 CINDY LANENBERG
55651 L LEHMAN 5 ASSOCIATES INC
55652 DAVID LINDAHL
55653 LIONS TAP
5654 LOGIS
.5655 LONG LAP : FORD TRACTOR INC
55656 LYMAN LUMBER CO
55657 m-v GAS CO
55658 BARBARA MALINSYI
55657 PAUL MAR ,CVELS
55660 MASYS COP ,.ORT!DIN
55661 MCKARLAND4 NO
55662 MCGLYNN PA: FRIES INC
55667 MCNEILOS ITRE1 !NC
55664 MEDICAL TN CEN N EDER CO 5566.5 MESSERLI ! F;;MER
55666 mETRO
NINNESC , SLL,ERNT
55669 MINNESO NNICATIONS CORP
55669 MN CO O NS 1 :pE C sAFETy
55670 MN SUBURBAN PUBLICATIONS
55671 MN S!!BURPA PLaICATIONS
55672 MINNESOTA TREE LANDSCAPING
55677 MIDWEST NROL ,GNT IRON INC
55674 MN REFR Y /I TONR PAR1 ASSN 55675 MODERN TIRC CO
-OFFICE SOPPLIES-NDI4H800N005 OUTREACH
PROGRAM
EXPENSES-SENIOR PROGRAMS
MAINTENANCE AGREEMENT-FIRE DEPT
INSTALLATION OF 5 JIB CRANES-WATER DEFT
MARKING PAINT-FAFJ. MAINTENANCE
SEAL PIT/CAP RAIL-COMMUNITY CENTER
CIRCULAR CHART INK PENS-NATER DEPT
-DECEMBER 89 MAINTENANCE AGREEMENT-CITY
HALL
-BUS SERVICE/ROOM RENTAL-NEIGHSORHOOD
OUTREACH PROGRAM
DUES/SUBSCRIPTIUN-AoMINISTRATION
RING/STARTER-EOUIPMENT MAINTENANCE
BUSINESS CARDS-POLICE DEPT
PRESENTATION CASE-POLICE DEPT
VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID
OFFICE SUPPLIES-WATER DEPT
-INSTALLATION OF VOLLEYBALL FLOOR PLATES-
ORGANIZED ATHLETICS
BLACK DIRT-DRAINAGE CONTROL
-SAFETY GLOVES/CLEANING SUPPLIES-WATER
DEPT/FACILITIES DEPT
TREES/SHREDDED BARV-FORESTR'y DEPT
MILEAGE-FIFE rEFT
-OCT3BER 29 LEGAL SERVICE-FLYINS CLOUD
LANDFILL
MILEAGE-pLANNINO DEFT
ExPERSES-RIRE DEPT
SEPTEMBER S9 SERVICE
FLOW SHARE/SHIN-PARK MAI%TENANCE
TREATED TIMEERS-PAR MAINTENANCE
GAS-OUTDOOR CENTER OPERATIONS
MINUTES-CITY COUNCIL
EXPENSES-HISTKII:AL INTERPRETATION
-PC CONNECTIGN-T6O5.00-ROLICE FORFEITURE
-DRUGS/DECEMBER 49 COF":PUTER MAINTENANCE
AGREEMENT-Fa:OE DEPT
CEMENT-PAST NAINTENANcE
EXPENSES-PIPE DEPT
STEEL PLATE;PIPE-,,ARI N:.1TENANCE
OXYGEN-FIFE DEPT
OCTOBER :39 SERVICE
-ENVELOPES/FORMSISUSINESS CARDS-POLICE
DEPT/FIRE DEPT
PRINTING-ENGINEERING DEFT
NOVEMBER 09 PADEP SEPvIDIE-FIRE DEPT
-EXTINO;JIENER RECHAPOINO/COAT ,'PANTS/ SMOKE FLUID FIRE DEPT
ADVERTISING-LIOUOP STORES
EMPLOYMENT ADS-COMMUNITY CENTER
SERVICE-TREE PLANTING-WATER DEPT
IRON PIPE RAILINSS-PARK MAINTENANCE
VOLLEYBAL.I. REGISTRATION FEE
TIRE REPAIR-EOUIPMENT MAINTENANCE
1.
174.9 !
247.35
1O6.3:
4 24.3:
.59
6O3. V0
181 .T(
56.50
123.,A
12.'24
251.44 :
53.5(
572S .
462.5
23Z.S
1205.:4
105.9O
D
NOVEMBER 2I.IRO
55676 MITOREEL INTERNATIONAL INC BOOK-EOUIPMENT ;1 4 INTENANCE
55677 MoHAwi BUSINESS RECORD STORAGE OFFICE SUPPLIES-POLICE UEPT
55678 BERNIE MORGAN KIDS KORNER INSTRUCTOR/FEES PAID
55679 MOTOROLA INC RADIO REPAIR-POLICE DEPT
5680 mONA MEYER I. mCORATH SEPTEMBER 89 SERVICE
55681 MI! DISTRIBUTING CO HEATER SWITCH-EOUIPMENT MAINTENANCE
55602 MUNICILITE CO -SPOT LITE/MOUNTING BRACKET/HANDLE
ASSEMOLY-EOUIPMENT MAINTENANCE
55683 NATIONAL SCEENPRINT T SHIRTS/TANY TOPS-PARK MAINTENANCE
55684 NEW LOOK PAINTING 1, HOME REPAIR -PAINTING-SMETANA LANE-HOUSING
REHABILITATION PROGRAM
55685 BETH NILSSON SKATING INSTRUCTOR/FEES PAID
55686 NORTH KILERIDE OPTICIANS SAFETY GLASSES-FIRE DEPT
55687 NATIONAL LEAGUE OF CITIES SUBSCRIPTION-ADMINISTRATION
55688 OCHS BRIE! & TILE CO CEMENT-SEWER DEPT
55689 KATHLEEN O'CONNOR MILEAGE/EXPENSES-FIRE DEPT
55690 OFFICE PRODuCTS OF MN INC RIBBONS/LABELS-WATER. DEPT/PAR MAINTENANCE
55691 BILL OLSON BLACK DIRT-STREET MAINTENANCE
55692 PAPER WAREHOUSE -SPOONS/CUPS/PAPER TOWELS-OUTDOOR CENTER
PROGRAM
55693 PARK NICOLLET MEDICAL CENTER PHYSICIAL EXAMS-HUMAN RESOURCES DEPT
55694 JENNIFER PArNE -EXPENSES/MILEAGE-ROUND LAKE BEACH/POOL
LESSONS
55695 PEG'S STATIONERS FREIGHT CHARGES-POLICE DEPT
55696 3 W PEPPER OF mPLS SHEET MUSIC-ART !: MUSIC
55697 PERKINS LANDSCAE CONTRACTORS -SERVICE-WYNDHAm KNOLL PARK IMPROVEMENTS/
WILLOW PARK IMPROVEMENTS
55698 PERSONNEL POOL SERVICE-FINANCE DEFT
55699 CONNIE L PETERS MILEAGE-COMMUNITY CENTER
5700 PHILADELPHIA NIXERS CORPORATION -RAPID MIXER BEARINGS/SEALS/COUPLINGS-
WATER DEPT
55701 FOMMER C6NPANY INC PLAQUES-ORGANIZED ATHLETICS
55702 PRAIRIE ELECTRIC COMPANY INC -INSTALL BALLAST/REWIRE LOCKER ROOM
-EXHAUST FANS/FIXTURE/REPAIR POOL LIGHTS-
FACILITIES DEPT/POOL OPERA710%5
3 PRAIRIE HPRD RE -TAPE/LANTERNS/COUPLINGS/FITTINGS/GOGGLES/
-SPRAY PAINT/FINISHSWITCHES:FUTTy KNIFE/
CHISEL /NAIL PULLER-FIRE DEPT
557c)4 PRAIRIE HYFAGRE -CARPET TAPE/EATTEPIES/LOCEYSISCPEWS/
-DRILL BITS/CROW BAR/RAmMER/FINOCULARS-
-ENGINEERING DEPT/FACILITIES DEPT/PLANNING
DEPT
5575 PF,AIRIL HARDWARE -LAUNDRY BASKET/BLEACH/RAILS;SPRAY PAINT7
-RUST REMOVER/PAINT ROLLERS/LACQUER
-THIMMERICOUPLING/FAINT/SPAR PLUGS/
-SUMP PUMP/SCREwS(BATTERIES:SPRINGS/BELT/
-PLIERS/KEySiDUCT TAPE ,'NUTS I. BOLTS/PLUGS-
COMMUNITY CENTER
557)6 PRAIRIE iiARD ,.,ARE CLEANING SUPPLIES-LIQUOR STORE
55707 PRAIRIE HARDNARE -ICE CREAM SCOOP/TURNBUCKLE/SHOP APRONS/
-LIGHT BULBS/BATTERIES/HOSE CONNECTORS/
-FILTERS/MOUNTING TAPE/HOOsiHANMER-PARK
MAINTENANCE
55708 PRAIRIE HARDWARE -SHOVEL/ROPE/MEASURING CUP/TAPE/PLIERS/
-WASH MITT/VEYSiRUST REMOVER/BOLT CUTTERS/
-SPRAY PAINT/PAINT BRUSHES;SLEDOE HAMMER-
261.00
9!.75
436.1:
57.00
1236.36
26.65
154.20
576.00
273.13
60.00
886.00
71.10
494.31
101.90
64.00
11.75
175
156.78
140.72
9027.67
22.50
1551.67
356.50
371.35
1
1 21. 57
7.1.28
205.81
POLICE DEPT
55709 PRA IRIS HARDwARE -PLUGS/DOOR STOPS/SIGNS/CEMENT/TAPE
-mEASURE/FAINT BRUSH/STAIN/WATER SEALER/
-CABLE CONNECTOR (PAPER TOWELS/SPIKES/
CARPET TAPE/PLUG/GARBAGE CANS-STREET DEPT
55710 PRAIRIE HARDWARE -CAULK/TAPE/MIRROR/GLOVES/HANDLES/WASHERS/
-AIR PUmP/CORLS/BALL VALVE/HANDLES/SPRAY
PAINT/AIR FRESHENERS-SEWER DEPT
55711 PRAIRIE HAFTWAI:E -CAULK/PAILS/DEGREASER/KEYS/BATTERIES/
-MOUNTING TAPE/COPPER PIPE/FITTINGS/
-HANGERS/FLASHLIGHT/BAGS/TOWEL HOLDER/
-MIXING TUB/EM RINGS/TOOL BOXES/WRENCHES/
LEVEL/STAPLES-WATER DEPT
55712 PRAIRIE OFFSET PRINTING PRINTING-SIGN PERMITS-PLANNING DEPT
55713 PRIOR LAKE AGGREGATE INC SAND-SNOW & ICE CONTROL
55714 ROGER RAIN -fNSTALLATION OF VOLLEYBALL FLOOR PLATES-
ORGANIZED ATHLETICS
55715 RAINBOW FOODS -EXPENSES-OUTDOOR CENTER OPERATIONS/
ORGANIZED ATHLETICS
55716 AAGE REFFSOAARD EXPENSES-BUILDING INSPECTIONS DEPT
55717 RIELE-CARRELL-MuLLER ASSOC INC -SERVICE-GOLDEN TRIANGLE DRIVE EXTENSION/
-WYNDHAM CREST/MITCHELL RD PAVING &
UTLIT1ES FEASIBILITY STUDY/COUNTRY GLEN
55718 ROAD RESCUE INC
FIRST AID RESCUE EQUIPMENT-FIRE DEPT
55719 SAFETY &LEEN CORP -TOWELS/CARBURETOR CLEANER-EQUIPMENT
MAINTENANCE/PARK MAINTENANCE
ST PAUL Bcle A STATIONERY CO -OFFICE SUPPLIES-WATER DEPT/POLICE DEPT/
COMMUNITY CENTER
55721 SANTO INC CLEANING SUPPLIES-FACILITIES DEPT
55722 mURRA.Y SANDLER SKATE & SPORT SUPP HELMETS-ICE ARENA-COMMUNITY CENTER
5572.7 THE SANDNICH FACTORY INC -EXPENSES-HUMAN SERVICES DEPT/HISTORICAL
& CULTURAL COMMISSION ,5724 CHUCK SCHAITBERAER EXPENSES-BUILDING INSPECTIONS DEPT
55725 SCOTT A SCHRAM CONFERENCE/MILEAGE-PIPE DEPT
55726 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT
55727 SEARS -ICE MAKER-CITY HALL/WHEEL LOCK-POLICE
DEPT
55728 SHADY 041 PRINTING PRINTING-ENGINEERING DEPT 55729 SHAYPEE F0RD INC -GUARD ASSEMBLY/LEVER ASSEmBLY-EOUIP.1ENT
mAINTENANCE
55770 :4 S0RDON CT: TN CO -OIL/LIGHT BULBS/GASiRuST R'EOVEPIGREASE/
HOSE-WATER DEPT
280.30
457.60
356.45
51.00
437.08
251.44
45.68
15.00 •
14563.37
146.24
51.47
147.70
150.60
15.00
52.00
96.24
227.77
19.00
5'
1:5.45
55771 THAT ON
55732 SN'iDER'S OROS STORER INC
55733 600TP4,CEST SsOURPAN PUBLISH INC
55734 6OUTHI4E67 S...;SL!RPAN CAP 1C CONMISSI
55775 FOUIHAFI TRILs
55776 SPECIALT1 SCRCENIN6
THE STANOARP REGISTER IONE NY
55778 STAR/PP STRING CO
STORASE EOUIPMENT INC
-MAGNET/RATCHET SET/WRENCH/CASE-WATER DEPT/
EQUIPMENT MAINTENANCE
EXPENSES-POLICE DEFT
-EMPLOYMENT ADS-COMMUNITY CENTER/POLICE
DEPT
ADVERTISING-LIDLIOR STORES
PFIMPORSFNENT FOR ST A TE TRAIL GRANT
EMBLENS/PLAOUES-F/RE DERT
OFFICE SUPPLIES-UTILITi BILLING
FRONT & REAR REPAIFS/BOLTR/CLIPS/WAEHERS/
-SPEEDRACK FRAMES/BEAMS/WIRE DECK SHEETS -
PARK MAINTENANCE
173.95
29.05
121.16
244.74
7675.54
368.00
156.61
4209.13
843.T.0
2781381
NOVEMBER 21.196
^T,
55749 TRUMPY HOMES
55750 TWIN CITY OXYGEN CO
55751 UNLIMITED SUPPLIES INC
55752 VAN WATERS X, POSERS
55753 VAUGHN DISPLAY
55754 VESSCO INC
VICOM INC
55756 VIKING INDUSTRIAL CENTER
55757 VOSS ELECTEIT: SUPPLY COMPANY
55758 KEN wACHTLEP
55759 WALDOP PUNP :T. EQUIP CO
55760 UTTER RPOOL1CTS CO
55761 SANDRA K HER VS
55762 WEST CENTRAL INDUSTRIES INC
55763 WILSON TANME.R GRAPHICS
55764 wINGFIELD PERFORMANCE ENGINEERING
55765 WOLLAC H ASSOCIATES
55766 yOUNSSTEC,TR
55767 ZACK'S
5576C: JIm ZAIC
55769 ZEE MEO147AL SERvIcE
5577 ,T, T_Av ZUnAPO
55454 vOID OUT EHEC.
VOID OUT CAECT.
VOIP OAT ijiEci.
US II OUT CHELT
VOID CwT CHECT
lVOID NUT THEET
'VOID OUT CHEE:
VOID COT 7,HT-.7J -
YAID CUT CHECx
ImPELLOR REPAIR-SEWER DEPT
-SEPTEMBER 89 SERVICE-DELL ROAD/SCENIC
HEIGHTS ROAD STUDY
-BATTERY TRAY P HOLDER/SENSOR PIT/HUB CAPS
-BOLTS/PUMP ASSEMBLY/PIPE ASSEMBLY/PLATE
-ASSEMBLY/PUMPER/VALVES/PIPE/CABLE
-ASSEMBLIES-SEWER DEPT/WATER DEPT/
EQUIPMENT MAINTENANCE
SUPPLIES/CPR: INSTRUCTOR FEES PAID
WELL PUMP REPAIRS-WATER DEPT
EXPENSES-COUNCIL
PRINTING-PARK PLANNING
AEROBICS INSTRUCTOR/FEES PAID
-CONSTRUCTION PAPER/STyRDFOAM BALLS/CONES -
FALL SKILL DEVELOPMENT
REFUND-PLUMBING PERMIT
OXYGEN/ACETYLENE-EQUIPMENT MAINTENANCE
NUTS 1. BOLTS/WASHERS-PARK MAINTENANCE
CHEMICALS-WATER DEPT
FLAG REPAIR-FACILITIES DEPT
PULLEY/COVERS-WATER DEPT
-DECEMBER 89 WIRE MAINTENANCE AGREEMENT-
-PUBLIC WORKS BUILDING/N0q-MBER 85 WIPE
MAINTENANCE AGREEMENT-COMMUNITY CENTER
SPANNER BITS-PARK MAINTENANCE
LIGHT BULBS-FACILITIES DEPT
KILEAGE-OUTDCOR CENTER PROGRAMS
WEAR RINDS-SEWER: DEPT
-VALVES/BRASS PLUG/COUPLINGGICURB BOX KEY/
-HANDWHEEL PIPE/wRENCHES-WATER DEFT/
DRAINAGE CONTROL
mILEADE-SENIOR CENTER
STAKES/LATHS-ENGINEERING DEPT
LOGOS/SIGN-PARK MAINTENANCE
TRANSMISSION REPAIR-ECUIFITENT M:;IMTEAATICE
EXAMS-HUMAN RESOURCES SEPT
TIRE TOSES-EOUIPmENT mAINTENANCE
ASPHALT REMOvER-EOUIPMENT MAINTE1TANCE
INSTALL WATER HEATER-7635 EDEN COURT
FIRST AID SUPPLIES-CITY HALL
ACTA AEROBICS INSTRUCTOR/FEES PAID
55740 STRAND rAmuFAcTURING CO INC
55741 STRSAR ROSCOE FAUSCH INC
— 55742 SUBURBAN CHEVROLET
55743 MICHELE SUNDBERG
55744 sYSTEN CONTROLS SERVICES
55745 TARGET STORES
55746 TECHNICAL REPRODUCTIONS INC
55747 VALERIE TRADER
55748 TRIARCO ARTS X, CRAFTS INC
55143
55172
55215
55296
5537u
55356
55372
55193
733789
44.9 '
127.'F,5
56.33
886859.51
DISTRIBUTION BY FUNDS
10 GErlElL..
11 CERTIFICATE OF INDELa
15 LIDUUP STORE -P V M
17 LAULUR STOC,:EHPRE:',EPVE
21 PCA_ICE. Fo21-F,A10E
30 CASH 1-,(40:
31 PARK ACDOTT pLvaLor
33 UTILAIN IOJNlr['Mb
39 86 FIRE STATION C01 ,481
45 UTILJTY OFEii
51 MP ROVENENT .1:0H:31 1 ,1)
57 R0(3.1) INPkuVEMHii PO
73 WATE -R
77 SEWEP FUND
81 TRUST 0ESP.PON FUN°
7 CM-JO El 0(1
,a (A
90 TAX 1W1:F111214 -f.
$886,89.51
1 tP00i,5 :1
5276.71
44047.27
27140.89
00
1607:?.
507.69
2581.0o
550.00
422375.19
13131E3
19400.70
2449. o5
5172.02
133'27.14
5436.76
MEMORANDUM
To: Mayor and Members of Council
Through: Carl Jullie, City Manager
From: Roger A. Pauly, City Attorney
Subject: Gambling Regulation
Date: November 9, 1989
I was surprised but pleased to learn that there were some further changes in the
gambling law of which I was unaware when discussing it with the Council on
TUesday, November 7, 1989 and therefore was incorrect in some of the advice I
gave.
The important part of the law which has been revised is that dealing with
distribution of receipts for lawful charitable purposes. The change now speci-
fically authorizes the City to require by ordinance that organizations must
contribute 10% of their net profits to a fund administered and regulated by the
City for disbursement by the City of those sums for lawful charitable purposes.
The change also permits the City to require organizations to expend all or a
portion of its charitable contributions requirements within the City's trade
area, which the City is authorized to define by ordinance.
I am therefore drafting the ordinance to require the 10% to be paid to the City
and to require all of the charitable contributions to be made within the City.
It may, of course, be appropriate to allow some contributions to go outside the
City and if so, an appropriate modification can be considered at the first
reading.
RAP : nm
To:
Through:
From:
Subject:
Mayor and Members of the Council
Carl Jullie, City Manager
Roger A. Pauly, City Attorney
Gambling Ordinance
Date: November 15, 1989
I have prepared for your consideration a draft of an ordinance relating to the
above subject matter. Following are comments and observations relating to the
draft.
1. All forms of lawful gambling, except paddle wheels, authorized by State
Law may be approved by the Council. These forms include bingo, raffles, tip
boards and pull tabs.
2. The draft ordinance does not seek to regulate those gambling activities
exempt pursuant to Minnesota Statutes §349.214. Those activities include
bingo conducted in connection with a County fair or civic celebration for
not more than 12 consecutive days in a year, by an organization which con-
ducts 4 or fewer bingo occasions in a calendar year, and bingo conducted
within a nursing home or senior citizens' housing project for senior citi-
zens organizations in which limited amounts of prizes are awarded. Raffles
are exempt if the value of prizes awarded in a calendar year does not exceed
$750.00. Also, gambling conducted by an organization which limits lawful
gambling to 5 or fewer days in a calendar year and does not award more than
$50,000 in prizes for gambling in a calendar year is exempt on certain con-
ditions. Finally, raffles by certain organizations which deliver health or
social services under contract to the State or a political subdivision are
exempt.
3. Gambling can be conducted only on premises owned by an organization which
includes fraternal, religious, Veterans or other non-profit organizations
having at least 15 active members and which have been incorporated for at
least 3 years or have been recognized by the Internal Revenue Service as
exempt from taxation for that period.
The limitations on the premises on which gambling can occur are qualified by
an exception. The exception is that an organization may conduct gambling
in those places permitted by and in accordance with Minnesota Statutes §349.18,
Subd. 2. That exception states that a licensed organization may conduct raffles
on a premises it does not own or lease and with the permission of the Board
may conduct bingo on premise it does not own or lease for up to 6 days in a calendar year in connection with a County fair or civil celebration. An organization may also conduct all forms of lawful gambling on premises other
than its licensed premises for 1 day per year for not more than 12 hours.
4. An organization may be eligible for a gambling license only if for 3 years
it has had an office in the City and demonstrates that during that period it
has performed substantial service within the City or on behalf of residents
of the City. This provision may not be necessary in light of the change in the law referred to in my earlier memorandum. Those changes are reflected
in Subd. 10 of the draft which requires organizations to contribute 10% of their
net profits to a fund administered by the City and further requires that orga-
nizations must make all of their charitable contributions within the City.
5. It will be necessary to determine the amount of tax to be imposed by the
City and that percentage inserted in Subd. 9 (c). The maximum tax permitted is
3%. As I explained earlier, the tax must be used by the City for its regulation
of lawful gambling.
RAP:nm
Attachment
ORDINANCE NO. qq-B9
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, bUNNIMOTA, AMENDING CITY CODE CHAPTER
5 BY ADDING THERETO SECTION 5.40 RELATING TO THE REGULATION OF GAMBLIM AND
ADOPTIM BY REFEREACE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Ctde Chapter 5 shall be and is amended by adding thereto
Section 5.40 which reads as follows:
SEC. 5.40. GAMBLING.
Subd. 1. Purpose. The purpose of this section is to regulate and
control the conduct of certain gambling activities pursuant to the provisions of
Minnesota Statutes, M349.11 - .22 inclusive.
Subd. 2. Definitions. For the purposes of this section the terms
used herein shall have the mairdngs defined or as used in Minnesota Statutes
§§349.11 - .22 inclusive.
Subd. 3. Prohibition. There shall be no gambling in the City, except
in accordance with the provisions of this section and the provisions of
Minnesota Statutes §§349.11 - .22, inclusive, and rules adopted pursuant
thereto.
Subd. 4. EXceptions. The provisions of this section shall not apply
to the limited gambling activities described in Minnesota Statutes 5349.214 pro-
vided there is compliance with all conditions imposed by that section an
d
t
h
e
rules and regulations of the Board relating thereto.
Subd. 5. Approval by Council. All forms of lawful gambling,
except paddle wheels authorized by Minnesota Statutes 0349.11 - .22
m
a
y
b
e
approved by the Council, subject to the provisions of this section of th
e
C
o
d
e
and law.
Subd. 6. Application. An Organization seeking to obtain a gambling
license from the Board shall file in the Office of the City Clerk an ex
e
c
u
t
e
d
,
complete duplicate application, together with all exhibits and documents a
d
o
x
m
l
-
penying the application as filed with the Board. The application and a
c
c
o
m
-
panying exhibits and documents shall be filed in the Office of the City
C
l
e
r
k
not later than three (3) days after they have been filed with the Board.
U
p
o
n
filing the application with the City, applicant shall pay to the City an a
m
o
u
n
t
determined by resolution of the Council as and for an investigation fee.
Subd. 7. Conditions, lawful gambling licenses shall be disapproved if
the issuing thereof would result in a violation of any of the following
c
o
n
-
ditions:
(a) Lawful gambling shall be limited to four (4) premises within the
City, plus one (1) premises for each 10,000 persons residing
therein in excess of 40,000. Each premises must be owned by an
Organization.
(b) Lawful gambling shall be limited to that part of a premises owned
by an Organization, other than a dining, lobby or cashier area.
2
Cc) No more than one Organization may lease or own a premises for the
purpose of conducting lawful gambling thereon, except those prem-
ises at which lawful gambling could occur pursuant to a license
issued by the Board prior to November 1, 1989.
(d) Notwithstanding the conditions of this subdivision a licensed
Organization may conduct lawful gambling in accordance with the
exceptions described in Minnesota Statutes S349.18, Subd. 2.
Subd. 8. Eligible Organizations. An Organization shall be eligible
for a gambling license only if, for the three (3) years immediately preceding
the date of its application, it has had an office in the City and demonstrates
that during that period it has performed substantial service within the City or
on behalf of residents of the City.
Subd. 9. Tax.
(a) There is hereby imposed a tax on all lawful gambling conducted
in the City by Organizations licensed by the Board at the rate
specified in this subdivision.
(b) An Organization's receipts from lawful gambling that is exempt
from licensing under Minnesota Statutes §349.214 are not subject
to the tax imposed by this section.
(c) The tax is
) percent of the gross receipts of a
licensed Organization fnan lawful gambling less prizes actually
paid out.
3
(d) The tax imposed by this subdivision shall be paid
b
y
t
h
e
Organization on a monthly basis and shall be reported on a
copy of the gambling tax return filed with the Boar
d
e
a
c
h
month. The report shall be an exact duplicate of th
e
r
e
p
o
r
t
filed with the Board, without deletions or additions, a
n
d
m
u
s
t
contain the signatures of Organization officials as requ
i
r
e
d
o
n
the report form.
(e) The tax return and payment of the tax due must he postmar
k
e
d
,
o
r
,
if hand-delivered, received in the office of the Dir
e
c
t
o
r
o
f
Finance of the City, on or before the last business da
y
o
f
t
h
e
month following the month for which the report is made.
An incomplete tax return will not be considered time
l
y
f
i
l
e
d
unless corrected and returned by the due date for filing
.
D
e
l
a
y
s
in mailing, mail pickups, and postmarking are the respon
s
i
b
i
l
i
t
y
of the Organization.
The tax return and tax payment shall be delivered to:
Director of Finance
7600 Executive Drive
Eden Prairie, MN 55344
There shall be an interest charge of eight (8) perce
n
t
o
n
a
l
l
overdue taxes owed by an Organization under this section
.
(f) The Council shall disapprove any pending application fo
r
r
e
n
e
w
a
l
or original issue of a lawful gambling license
f
o
r
a
n
y
4
32q9;
Organization which owes delinquent taxes to the City. Further,
the Director of Finance may notify the Board of any Organization
owing delinquent gambling taxes to the City and may request that
the Board revoke or suspend the Organization's license during the
license year. The Council shall not issue or renew any on-sale
or off-sale alcoholic beverage license, bottle club permit, or
food license to any Organization which owes delinquent gambling
taxes to the City. The above reaedies are not exclusive, and
shall be in addition to any other powers and remedies provided by
law.
Subd. 10. Expenditures for Lawful Purposes.
(a) Each Organization licensed to conduct lawful gambling within the
City, pursuant to Minnesota Statutes S349.16, must contribute 10%
of its net profits derived from lawful gambling in the City to a
fund administered and regulated by the City, without cost to the
fund, for disbursement by the City of such receipts for lawful
purposes.
(b) Each Organization licensed to conduct lawful gambling within the
City, pursuant to Minnesota Statutes S349.16, mist expend all of
its expenditures for lawful purposes on lawful purposes conducted
or located within the City's trade area. The City's trade area
is hereby defined to be the geographical limits of the City.
Subd. 11. Records and Reports.
(a) Organizations licensed by the Board shall file with the City's
Director of Finance three (3) copies of all records and reports
required to be filed with the Board, pursuant to Minnesota
Statutes §S349.11 - .22 and rules and regulations adopted pur-
suant thereto. Such records and reports shall be filed on or
before the day they are required to be filed with the Board.
(b) Every gambling occasion in the City conducted by an Organization
shall be open to inspection by the City's Police Officers and
other employees.
(c) The City's Police Officers and employees may inspect, at any
reasonable time without notice or search warrant, all records of a
licensed Organization, including gambling accounts and other bank
records, required by the Board to be maintained and preserved.
Section 2. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation"
section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
Section 3. 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 day of
, 1989, and finally read
and adopted and ordered published at a regular meeting of the City Council of
said City on the day of
, 1989.
6
ATIEST:
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the day of , 1989.
7
3Xit,
SOUTHWEST SUBURBAN CABLE COMMISSI
O
N
c/o MOSS BARNETT
-4800 Nwwest Center
90 South Seventh Street
Minneafx ills, MN Si-02-4119
(612) 347-0300
1989 ANNUAL REPORT
FOR THE
SOUTHWEST SUBURBAN CABLE COMMISSION
October 1989
Submitted by Commissioners:
Patricia Pidcock and Carl Jullie, Ed
e
n
P
r
a
i
r
i
e
Glenn Smith and Kenneth Rosland, Edi
n
a
Chuck Kritzler and Craig Rapp, Hopki
n
s
Karen Anderson and Jim Miller, Minne
t
o
n
k
a
Ivan Ludeman and Jim Prosser, Richfi
e
l
d
Adrian E. Herbst, Administrator/Atto
r
n
e
y
Ann M. Mathews, Assistant Administrat
o
r
Alternates:
Greg Dawson, Eden Prairie
Ralph Campbell, Edina
Jim Genellie, Hopkins
Terry Schwerm, Minnetonka
Steve Devich, Richfield
Q .? 7
Cities of Eden Prairie, Edina, Hopkins, Minnetonka
&
R
i
c
h
f
i
e
l
d
SOUTHWEST SUBURBAN CABLE COMMISSION
C/0 MOSS & BARNET
-i800 Nonvest Center
90 South Seventh Street
Minneapolis, MN 55402-4119
(612) 347-0300
November 3, 1989
Dear Southwest Mayors and Councilmembers:
The Southwest Suburban Cable Commission ("SWSCC")
respectfully submits its Annual Report for 1989 to the Member
Cities of Eden Prairie, Edina, Hopkins, Minnetonka, and
Richfield.
The SWSCC, acting on behalf of and in conjunction with its
Member Cities, completed many significant projects in the past
year as outlined in Section II entitled "Commission Activities
for 1989". We accomplished a settlement with Rogers
Cablesystems, completed a transfer of ownership to Paragon Cable,
and initiated a local news show to report to area citizens
activities and events occurring in our communities. Production
of the weekly news show will begin the week of November 13th with
a first airing set for Friday, November 17, 1989, on cable
channel 34. The news show project is being funded through
additional franchise fees derived from an increase in franchise
fee percentage and an increase in Company revenues. The Cities,
therefore, will not experience a lessening of funds received from
franchise fees, due to the news show project.
In addition, we have outlined in Section I a work plan
informing you of the issues and concerns we hope to address in
1990 on your behalf, as a Joint Powers Commission. We look
forward to yet another full and challenging year. Please let us
know if you have any questions or comments once you have reviewed
our annual report.
We thank you for your cooperation and interest in our
activities of the past year.
Sincerely,
aAeAL,
Karen Anderson
Chairperson, Southwest Suburban
Cable Commission
AM1/kd
Enclosure
7
Cities of Eden Prairie, Edina, Hopkins, Minnetonka & Richfield
Executive Summary
The Southwest suburban Cable Commission, through its regular
meetings and by way of many special meetings, completed several
extensive projects during 1989, including procuring a $3.5-million
settlement with the existing cable company in forgiveness of past
franchise obligations, oversight of the transfer of the cable system
to a new operator, and analysis of various avenues to fund in the
area of community programming.
As an outgrowth to the study of funding options for community
programming, the Commission hired Paragon's production services
group to produce four pilot shows of a weekly news show, called
"Southwest Community News", in September 1989. The Commission is in
the process of evaluating the success of the show in providing
information to residents and deciding on frequency and continued
funding of such a production. Decisions on funding other community
programming projects, from lighting enhancements to hiring
additional staff, have been put on hold.
The Commission continued their membership to Regional Channel 6
in 1989, which required distribution of Southwest shows of regional
significance to the Regional Channel for playback. Additionally,
the Commission hired a video producer to produce a half-hour show on
fiscal disparities, light rail transit, and one on airport
development for playback on their membership time slot on the
Regional Channel. To give you an idea of the variety of programs
airing under sponsorship by the Commission, Appendix A to the report
provides a list of the programs airing during the Commission's time
slot for the final quarter of 1989.
The Commission continued to monitor the cable company's
activities in construction of new developments, complaint
resolution, reporting of subscriber statistics, and the ongoing
development of community programming. Appendix B provides a brief
summary of the highlights in public access programming for 1989.
The Southwest Suburban Cable Commission has completed a
significant year and encourages you to review the following report
for a more indepth look at its goals for the upcoming year, its
activities and accomplishments in 1989, and its function in the
current regulatory environment.
The annual budget for the Commission, including a separate
Program Budget, for 1990 are included in Appendix C. The program
budget is new this year. It will permit the Commission to help the
Cities embark on an exciting new venture in local programming.
1
I. 1990 Work Plan of the
$outhwest Suburban Cable Commission
The Commission is currently evaluating a number of issues and
concerns and will formulate specific goals and objectives to
address each of them.
Issues and concerns include the following:
Community Programming
o Community programming needs will be assessed and the
commitment to improve the quality and quantity studied.
o The "Southwest Community News" show will be developed:
The format studied
- Marketing and promotion developed
Focus group and subscriber feedback
- Special interest programming identified
o Regional Channel 6 programming support.
o Work with the school consortium to oversee its implementation
of a new educational access programming plan.
Communications
o Address the need to develop a greater awareness of cable
television services and the functions and activities of the
Commission. This includes improving communications within the
Commission, with cable operators, with the Member Cities, with
the school consortium, and with the public.
Ongoing Review and Evaluation
• The need to address the review requirements required by
franchising authorities under the Federal Cable Act. This
includes development of records, complaint logs, and evaluation
of services.
o A periodic review, evaluation, and updating of the franchise
and consideration of current trends and developments as they
relate to the needs of the Southwest area will be accomplished
according to this requirement in the franchise.
Legislation and Local Regulation
• The Commission will address the policy needs of its Member
Cities in response to the ever-changing legal and regulatory
environment.
2
Zducation and Training
Work to better understand the changing technology and
influences of cable television-related industries such as
telephone company, satellites, and the importance of these
changes to the Member Cities and the existing franchise.
3
II. Commission Activities for 1989
A. Enhancement to the Subscriber Network
In follow-up to the Southwest Institutional Network Group's
(SWING) recommendations presented in August of 1988, the SWSCC and
Rogers Cablesystems jointly funded enhancement of the subscriber
network for institutional uses at a cost of over $35,000. The
enhancement doubled the network's capacity for video conferencing
(ex. interactive classroom) applications. With the addition of
equipment, not only can two channels per city be transmitted, but
once received at the headend, they can be discreetly routed to one
or more cities.
The requirement to build an institutional network was deferred
for a minimum of five years.
B. Transfer of Ownership
Approximately a year and a half ago, Rogers Cablesystems
announced that it would sell all of its cable holdings in the United
States. It was required to do so due to a Canadian law that
restricted foreign ownership by a domestic corporation. Rogers
Cablesystems is principally owned by the Rogers Canadian Company
and, for that reason, a sale was required.
The Commission expended considerable effort on behalf of the
five Cities with regard to the transfer of ownership.
The participation of the Commission consists of at least two
areas that had to be dealt with. The first related to a review of
compliance by the existing operator and how the franchise agreement
should go forward to the new cable operator. The second area for
consideration related to the evaluation of the proposed new cable
operator so that a recommendation could be made as to whether or not
it was qualified to serve as the cable operator for the five
Southwest Cities.
1. Review of Compliance by the Existina Operator: The Commission,
its Operating Committee and staff spent considerable effort and
countless hours on reviewing all of the original proposals of
Rogers and from there delineating its compliance and
noncompliance. The purpose of this was to have a clear,
upfront understanding so that when the franchise was
transferred to a new cable operator, all parties would know
exactly what was being transferred and what the ongoing
expectations under the franchise would be. As part of this, it
was determined that some of the previous cutbacks that had been
made to benefit Rogers financially should be reviewed, and the
five Southwest Cities were entitled to reinstitute original
requirements or were entitled to negotiate a settlement for
keeping these cutbacks in place. This determination
necessitated a negotiation process which had no precedent in
4
the cable industry. After approximately six months of
negotiation, the Commission determined that a cash settlement
of $3.5-million and a return to the franchise fee of 5% would
settle any differences. Based on this, an agreement was
achieved which kept the Relief Agreement in place for the new
operator. The Commission developed the settlement agreements
and the recommendations that helped each of the five Cities
understand the issues and the basis for the settlement between
the cable operator and the five Southwest Cities. The
settlement payment was made to the Commission in early 1989.
The Commission then determined, by a further process, how
distribution would be made. This will be discussed later in
this report.
2. Evaluation of the New Operator: The second aspect of transfer
of ownership that had to be worked on by the Commission
included the evaluation of the new cable operator. Minnesota
law requires that on a transfer of ownership, there should be
consideration given to whether or not there may be an adverse
effect on subscribers as a result of the transfer. Further,
Minnesota law requires that in the granting of a franchise,
consideration be given to the legal, technical, and financial
qualifications of the proposed new cable operator. In addition
to the evaluation done by the Commission and its staff, a
financial consultant, Mr. Don Richards, was hired to provide
assistance. The Commission developed a preliminary and final
report of its evaluation, conducted a public hearing, and
coordinated with all five Member Cities all of the
responsibilities and requirements for the transfer of ownership
and the granting of the franchise to the new cable operator,
now known as Paragon. The closing was held at the end of
February 1989. Thereafter, Commission staff prepared a closing
notebook containing all of the documents relating to the sale
and transfer and furnished those to the city clerks of each of
the Member Cities.
C. Distribution of Settlement Proceeds
The Commission asked the five Member Cities for permission to
evaluate the distribution of the $3.5-million settlement proceeds.
The role of the Commission is to administer and enforce the cable
television franchise for each Member City and, in this regard, it is
the body serving each of the five Cities that will help each City to
recognize the cable television opportunities available to them.
In order to evaluate the distribution of proceeds, each of the
five Cities had particular goals that were expressed by their
Commission members. A focus was developed. In particular, the
focus identified that a review should be made of the community
programming opportunities available to the five Member Cities and
how they might be enhanced by additional funding. Naturally,
opinions concerning the amount of involvement of the Commission or
the extent to which additional funding should be made available for
this effort differed amongst the Directors on the Commission from
5
9:7
each of the Cities. For this reason, a number of different options
were considered and at different funding levels. Review by the
Commission involved consideration of a separate staff for the
purpose of developing programming, acquiring ownership of all of the
access equipment and facilities from the cable operator, and
contracting with other entities to produce programs including the
current cable operator, Paragon Cable. In addition, the Commission
considered equipment purchases, lighting enhancements, and grant
programs as options to improving community programming.
After the Commission had the opportunity to review programming
that had been developed by other organizations with goals similar to
the Southwest, it was determined that some funding should be made
available initially to develop some prototype programming that could
be further studied by the Commission and the Member Cities.
Further, it was determined that the remaining proceeds of the $3.5-
million should be distributed on a proportional basis to the Member
Cities, rather than being held by the Commission. This was done
with the understanding that the Commission would continue to work
on recommendations for the use of some of these proceeds for
community programming purposes.
During July of this year, the Commission hired Rogers'
production services to develop two alternative programs for
consideration by the Commission. The formats included: First, a
weekly news format show that would be one-half hour in length. The
program would have a professional appearance. The program would not
be intended to compete with broadcast news, but rather would be
programming reflecting the positive things that are occurring in
each of the five Member Cities. It is intended to provide a new
communications opportunity for the five Member Cities. The second
format was a weekly interview show of significant issues. This
interview format would be structured so that one or two communities
would discuss a particular matter indepth.
After review of the sample programming, it was determined by
the Commission that further prototypes of the weekly news program
would be done during the month of September and, for the moment, the
interview show would not be continued. During September, the
Commission, in conjunction with the cable company, developed four
live news shows. These were played back over the cable system.
They were shown at differing times, a press release was issued, and
each City was encouraged to promote the shows via communication
avenues available to each City.
The Commission believes that continuing to work on this
programming and the development of it will provide an opportunity
for the five Southwest Cities to improve their communications to
their residents on matters occurring in their communities.
D. General Functions of the Commission
1. Construction-1n the Spring, Paragon Cable developed its
proposed construction program for the upcoming season. Each
6
year this is done by the cable operator and presented to the
Commission, so that the Commission and its representatives will have the opportunity of knowing where new construction will be
occurring. This is particularly important in the areas where
development is yet to occur. The proposed construction program
is then followed up by the cable company and in the Fall, a
final report is made reflecting the completion of construction.
This is particularly useful for the Commission because its
representatives will then know how to handle complaints and
questions that may occur from their residents about the
availability of cable television services.
2. Feaional Channel 6--The Commission has supported Regional
Channel 6 and serves as a member of it. Regional Channel 6 is
a nonprofit corporation that coordinates programming on cable
Channel 6 on each cable system throughout the 7-county
metropolitan area. Programming on this channel is intended to
be programming of regional significance and the Southwest
Commission has reserved time on this channel to bring to the
metropolitan area reports about the five Southwest Cities.
Appendix A provides a list of programs to be aired in the
Southwest time slot in the final quarter of 1989 as a sample of
the variety of programs made available to subscribers.
Programming is regularly developed. Additionally, Mr. Ken
Rosland, city manager of Edina, serves on the board of
directors of Regional Channel 6. Programming that was
developed through initiative of the Commission and aired in its
membership timeslot included a show on fiscal disparities,
light rail transit, airport issues in review, and a variety of
Southwest access programs of regional interest.
3. Complaint Handlinq--The Commission handles and deals with
complaints and concerns of subscribers about the services of
the cable television operator. Numerous complaints are handled
throughout the year on a variety of matters including
programming, picture quality, cable service, construction,
rates and charges. The Commission staff handles these
complaints and works with the cable operator for their
resolution. The cable operator has worked very hard to improve
its responsiveness to complaints of subscribers. In fact, it
has initiated a response to telephone handling and improved
this specifically at the request of the Southwest Commission.
The response time to telephone inquiries has been reduced
dramatically over the years.
4. programming--While the Commission and the Cities do not have
specific regulatory authority over the types of programs and
services provided by the cable operator, the cable operator is
responsive to requests made by the Commission. Additionally,
the cable operator informs the Commission on a regular basis of
programming changes, so that the representatives of each City
will be aware of these changes. Rogers has initiated many new
programming changes this past year, including providing the
Midwest Sports Channel and a change in the financial news
7
channel to CNBC. The commission has attempted to work with the
school consortium to help it enhance educational programming.
Utilization of a specialized national service called the
Learning Channel on the local educational channels was
considered and, for the moment, set aside to permit the school
consortium to develop a plan of action for programming the two
channels over the next few years.
5. Rates and Services--Again, rates and services are not within
the regulatory authority of the Commission. However, the
Commission regularly monitors the rates and services of the
cable company and attempts through its Members to keep the
Cities informed of these matters. The cable operator is
mindful of the concerns of subscribers to rates and is
responsive to the Commission concerning rate questions and
concerns.
6. Community Proaramminq--The Commission continued to monitor
development of community programming opportunities in the
Southwest. The Operating Committee's Southwest Community
Programming Committee (SWCPC) worked directly with Paragon to
evaluate and revise the promotional plan which had been in
place one year. The training curriculum was finalized and work
was begun on updating the access guidelines to further
encourage use of access opportunities by residents. The
community programming staff reports unprecedented participation
levels at all studios. Appendix B provides a brief summary of
the highlights in production for the year.
7. Awards--The Commission sponsors awards programs for community
television programs. An annual awards program was produced
live from Edinborough in Edina in April 1989, and awards were
presented to 250 community video producers in 17 categories.
8. Name Chance--Rogers Cablesystems officially became Paragon
Cable in name on September 1, 1989. All of its identifying
literature, signage, and uniforms were changed to reflect this
new name and new company logo. The Commission worked with the
cable company on this change.
9. Relationship with School Consortium--The Commission has
regularly worked with the school consortium on a variety of
issues and, in particular, making channels available for
programming. Under encouragement by the Commission, the school
consortium is in the process of developing goals to increase
programming on the two educational channels.
8
III. How the Commission Functions in the Current
Cable Regulatory Climate
A. Structure of the Commission
The Southwest Suburban Cable Commission is a Joint Powers
Commission created by the Cities of Eden Prairie, Edina, Hopkins,
Minnetonka, and Richfield. This Joint Powers Agreement was created
for the specific purpose of administering and enforcing the cable
television franchises granted by each of the Member Cities. Prior
to that time, the Commission had operated under a different Joint
Powers Agreement. The purpose of that Agreement was to create an
entity for the purpose of developing a franchise that could be
commonly entered into by its Member Cities. Initially, the
franchise of each City was granted to Rogers Cablesystems in early
1980. After the granting of the franchise, the Cities agreed that
the Joint Powers concept had worked well and that for purposes of
administration and enforcement, a similar entity ought to be
created. This was accomplished in accordance with not only a
general Joint Powers law in Minnesota, but what was then known as
the State Cable Board's regulations pertaining to cable television.
The Commission, made up of one elected and one staff
representative from each City, is currently comprised of the
following Directors:
Patricia Pidcock and Carl Jullie, Eden Prairie
Glenn Smith and Kenneth Rosland, Edina
Chuck Kritzler and Craig Rapp, Hopkins
Karen Anderson and James F. Miller, Minnetonka
Ivan Ludeman and Jim Prosser, Richfield
Additionally, the Commission is staffed by Adrian Herbst and
Ann Mathews of the Moss & Barnett Law Firm. They perform the legal,
as well as administrative services that are needed by the
Commission.
B. Regular Meetings of the Commission
The Commission meets with all its Directors on a quarterly
basis. The meetings are held generally on the first Wednesday
evening of the month. The meetings are held in January, April,
July, and October. Karen Anderson, Councilmember from the City of
Minnetonka, was elected Chairperson of the Commission this past
year. Up until that time, C. Wayne Courtney, former mayor of the
City of Edina, served since the inception of not only the current
operating Commission, but the former Commission that had embarked on
the process of developing the franchise. C. Wayne Courtney did not
run again for mayor of the City of Edina and, for that reason, no
longer continued as the director with the Commission.
The Operating Committee is the business unit of the Commission.
It is comprised of the city managers of the five Cities, with Carl
9
Jullie, Vice-Chairperson of the Commission, serving as the current
Chairperson of the operating Committee. The Operating Committee meets on a bi-monthly basis. However, quite often it meets more
regularly as business requires. This has happened frequently in th
e
past because of a number of matters that required the attention of
the Commission on a more regular basis.
The Operating Committee has established a Volunteer Committee
to serve as an advisory group to it and the Commission on a variety
of community programming concerns and issues. The Committee is known as the "Southwest Community Program Committee". This
Committee meets as needed. It helps to provide a link to the Member Cities on this important aspect of the Commission's oversight of th
e
obligations of the cable operator under the franchise. The
Committee members are all volunteers, except Ann Mathews who serves as its chair. The Committee members are as follows:
Ralph Campbell
Rick LaMothe
Cindy Shelton
Carol Slothower
Debra Cottone of Paragon Cable also serves on the staff of this
Committee.
C. Participation by the Company
Rogers Cablesystems, now known as Paragon Cable, has actively
participated in the Commission and Operating Committee meetings.
This has been so not only during the past year, but throughout the
term of the franchise, as well. The participation is particularly
useful because it gives the Directors of each community a first-ha
n
d
opportunity to meet with the representatives of the cable company
t
o
discuss concerns and issues. It also permits the Directors serving
on the Commission and the Operating Committee the opportunity to
receive reports and information from the cable company that keep
them up to date and current on the activities, programs, and plans
of the cable company.
In the Spring, the cable company furnishes the Commission with
its projected construction program for the summer months. This is
particularly useful because in many areas, particularly Eden
Prairie and, to some extent, Minnetonka, new housing developments
require the installation of cable television. The cable company
also provides monthly reports that provide customers' statistics to
the Commission. The statistics reflect the changes in services, the
percentage of subscribers that actually buy the services from the
cable operator known as the cable company's penetration, detail a
s
to the particular kinds of services that are being purchased,
including basic service, pay-per-view services, and a variety of
premium services. This information includes enough detail to assi
s
t
the Commission in knowing about the growth of cable service in th
e
communities and how well it is achieving its goals of providing
cable services throughout all of the five Member Cities.
1 0
The following is a brief summary of some of the statistics.
You can see that the cable operator's growth has changed
significantly in terms of penetration. This cable company serving
the Southwest area now has a penetration that is highest in the
metropolitan area.
Month Ending July 31, 1989:
Marketable Homes for Sale
Total Basic Subs
Penetration
Total Pay Units
77,019
41,307
53.6%
25,933
The cable company also furnishes to the Commission results from
its annual subscriber survey. Initially, the company develops a
survey to send to its subscribers and then seeks the input from the
Commission. Once the survey is conducted, the Commission is given
its findings.
D. Cable Television Regulatory Climate Today
Initially, municipalities in Minnesota had the authority to
franchise cable television through regulations that had been adopted
by the Minnesota State Cable Board. The Minnesota State Cable Board
was an entity created by the legislature of Minnesota in the early
1970's which had the purpose of helping to promote the development
of cable television and its economic viability. It also was
intended to serve as a guiding resource to municipalities. Rules
and regulations were developed by the Minnesota Cable Board that
were unique in the country. These rules and regulations helped to
provide significant guidance to Cities so that franchises that were
granted were uniform. Also, the Cable Board sought to join
municipalities together to ensure that cable systems, as they
developed, were built throughout the area without a checkerboard
pattern, whereby not only communities having a large population base
would receive cable but those with a smaller population base would
receive cable, as well. The State Cable Board also approved the
franchises that were granted by municipalities and issued a
Certificate of Compliance. The State Cable Board went out of
business in the middle 1980's after the legislature determined it no
longer had a continuing role. However, the legislature adopted the
rules that had been developed by the State Cable Board and embodied
them into a law in Minnesota known as the Minnesota Cable Act.
It was about the same time that the State Cable Board went out
of business that considerable controversy existed on a national
level regarding the regulation of cable television. In the late
70's and early 80's, cable operators had sought franchises from
municipalities and did so very aggressively because of tremendous
competition. Promises were made that could not be lived up to and
frequent disputes arose between the cable operator and the municipal
franchising authority. The Federal Communications Commission got
into the act and attempted to preempt various municipal authority
11
provisions. The courts did likewise. After three years of debate,
the Congress of the United States adopted a Cable Act known as the
Cable Communications Policy Act of 1984. That Act was intended to
be a compromise of the disputes and misunderstandings and was an
attempt to establish a body of law that would clearly outline the
responsibilities and the authority of municipal franchising
authorities and the rights of the cable operators. This Act does
provide a good guide for municipalities for most of the matters that
were frequently disputed prior to the Act.
The authority for regulating rates was abolished by the Act and
many thought that because of that, the Cable Act deregulated cable
television. However, setting aside rate regulation, there are many
provisions in this law that continue to provide substantial
authority to municipalities to oversee and enforce the franchises.
Since the Cable Act of 1984, cable operators have attempted to
consolidate their cable systems. As a consequence of this and also
inasmuch as rate regulation was no longer available to
municipalities, the price for cable systems continued to skyrocket
from 1984 to the current time. The price paid on the marketplace
for a cable system is based on the number of subscribers. Systems
were sold in 1984 for around $800-900 per subscriber and today
systems sell for anywhere from $2,500-3,000 per subscriber. The
highly-leveraged buyouts and debt service from sales of cable
systems has now presented new problems that are being wrestled with
by Congress.
The National League of Cities is again attempting to provide
leadership for municipalities in demanding that Congress take a look
at tightening cable regulation. The concern is that the price paid
for cable systems is causing an impact on rates charged to
subscribers. There are a number of bills currently in Congress
evaluating the regulatory environment of cable. The National
League of Cities continues to address cable regulatory concerns.
The Southwest Commission, as the body representing the five
Cities, continues to monitor the legislative and regulatory
environment and has been, as one of its goals, keeping its Member
Cities informed.
SW'
11/3/89
12
30
APPENDIX A
August 7, 1989
Ann Mathews
c/o Moss and Barnett
90 South 7th Street
Minneapolis, MN 55402
To: Southwest Suburban Cable Commission
From: Tom Achartz, Video Specialist
Subj: Reimbursement for services for Tom Achartz,
Video Specialist.
Service
The following video prgrams were edited in June and July for airing
on Regional Channel 6:
TITLE
9/27 Tour De France
Eden Pr. Schooner Days
Fantasy of the Hammered
Dulcimer
SOURCE
K -HOP TV
Eden Prairie
Eden Prairie
RUNNING TIME
31:33
14:10
14:20
10/4 Impressionism K -HOP TV
26:10
Your College Admission
Interview
K -HOP TV
14:00
10/11 Teaching Each Other:
The ESL Peer Program
Business and Education:
Preparing for Tomorrow
10/18 Art Imitates Life
Life Imitates TV
Life and Cooking
with MAMA D.
10/25 Rep.Sabo with
Pinkie Nelson
An Interview with
Frederick Manfred
11/1 Es Una Salvavida
(It's a Lifesaver)
K-HOP TV
12:48
K-HOP TV 45:40
Richfield
27:08
K-HOP TV
23:00
Richfield
15:07
K-HOP TV
44:17
Hopkins 55:00
13
PAGE TWO
TITLE SOURCE
RUNNING TIME
11/8 Child's Play Theater/
Curtis the Magician
Minnetonka
56:00 11/15 The Wolverines
Minnetonka
53:00
11/22 Music's Important Place
on the Academic
Bandwagon K-HOP TV
59:31
11/29 The Rocking Hollywoods
Minnetonka
59:30 12/6 Voice Trek
Minnetonka
57:00
12/13 Minnetonka Orchestral
Association
Minnetonka
58:00
12/20 Fiscal Disparities
Minnetonka
27:55
Action Learning: Creative
Movement K-HOP TV
17:30
OTHER
12/27 Airport Acoustics for
Laymen
1/3 Airport Environmental
Impact Statements
1/10 Airport Noise and the
State Legislature
8/27 Airport Issues
9/3 Current Jam, 1989
12/24 Braemar Ice Show
SWSCC
SWSCC
SWSCC
SWSCC
Richfield
Richfield
1:00:00
45:00
57:00
30:00
1:45:00
1:42:00
Twenty-eight video programs
w
e
r
e
s
c
h
e
d
u
l
e
d
t
o
r
u
n
b
e
t
w
e
e
n
n
o
w
a
n
d
December 20th. The total amou
n
t
o
f
t
i
m
e
p
r
o
g
r
a
m
m
e
d
i
s
2
3
:
7
5
h
o
u
r
s
.
The average running time is 57:
2
2
.
Please let me know if I can be o
f
f
u
t
u
r
e
s
e
r
v
i
c
e
.
Sincerely,
.M.1\kts
Thomas P. Achartz
Video Specialist.
TPA:d
• 14
SOUTHWEST SUBURBAN CABLE COMMISSION
REGIONAL CHANNEL 6
PROGRAM SOURCES
(BREAKDOWN)
SOURCE
K-HOP TV
City of Minnetonka/Hopkins
Richfield/Edina
Eden Prairie
SWSCC
TOTAL
NO.OF PROGRAMS
9
33%
7
28%
4
17%
2
8%
4
16%
26 100%
APPENDIX B
SOUTHWEST COMMUNITY TELEVISION (SWCT)
HIGHLIGHTS FOR FISCAL YEAR 1989
Submitted by:
Lance Leupold
Paragon Cable
Overall, cablecast playback hours and camera checkouts
increased significantly over comparable 1988 figures. SWCT
productions received recognition in several national video
competitions, as well as presentation on the ME Cable Network.
Record numbers of city festival events were recorded by staff and
volunteers. Significant individual and series programs were
produced locally and imported.
The number of local programs cablecast on PEG channels
increased by 26% (538 vs. 425 programs), comparing December 1987 -
May 1988 with December 1988 - May 1989. These additional programs
contributed to a roughly 26% increase (2467 vs. 1953 hours) in
overall cablecast hours. During this period, the number of camer
a
checkouts increased from 195 to 254, or by 30%.
Improvement in these key areas can be attributed to the
initiation of efforts in fall 1988 to completely fill channel 33
with current and choice repeat programming during prime time; by
t
h
e
success of the Promotional Plan; an increase in Minnetonka city
sponsored programming; the introduction of S-VHS recording and
camcorders; and the increasing proficiency of staff.
Walker Round Sculpture, produced cooperatively by Paragon Cable
and The Walker Art Center, won the NCTA's 1989 ACE Award for
Children's Programming. The 20-minute documentary explores the ne
w
Minneapolis Sculpture Garden through the eyes of Eden Prairie
Central Middle School students.
A finalist award was presented by the NFLCP through their 1989
Hometown USA Video Festival to the Edina producers of Swedish Folk
Fiddling is Alive in Minnesota, a 30-minute exploration of our
area's Scandinavian heritage.
In October 1988, four SWCT programs were named winners in the
Minnesota-wide "Video Slate" community TV competition.
In November 1988, the AO Cable Network aired Eden Prairie
Plans for Business Development, one of eight "CityVideo" competiti
o
n
winners. The program is a cooperative production of Paragon Cable
and the City of Eden Prairie Planning Department.
Diverse and high profile programs were produced over the past
year. Some 25 programs resulted from celebrations in the five
cities, including: Eden Prairie Sunbonnet and Schooner Days;
/ 16
Hopkins Raspberry Festival and Family Day events; the Ri
c
h
f
i
e
l
d
4
t
h
of July parade; and Minnetonka Summerfest.
Locally-produced series presented many voices on a weekly
basis: Hopkins Highlights (city events and concerns); F
r
i
e
n
d
s
o
f
Mainstreet (conservative politics and economics); Zdina P
o
l
i
c
e
,
Report (Minnetonka); Recreation Review and gookins Fire D
e
p
a
r
t
m
e
n
t
'
s
Mot Spots (city sponsored)• front and Center (Hopkins Chi
l
d
'
s
P
l
a
y
Theater); Suburban NAACP (area minority); royal Update an
d
r
a
t
h
e
r
i
n
e
Curren News (Hopkins Schools); Living Joyfully (inspirati
o
n
a
l
)
;
T
h
e
Lighter Side (live talk); many live city council and plan
n
i
n
g
commission meetings from Richfield, Hopkins, and Minneton
k
a
.
Imported area and national series broaden the mix.
Contributors/programs include: NASA (taped and live space
e
v
e
n
t
s
)
;
Normandale Community College (news and credit courses); R
i
c
h
f
i
e
l
d
United Methodist Church Service; American Atheist Newsfor
u
p
;
T
h
e
Screening Room (movie reviews); Gaze-TV; Hennepin County
L
i
b
r
a
r
y
(interviews and events); This is the Life (Lutheran Layme
n
'
s
League); Matters of Life and Death (St. Paul Diocese); And
N
o
w
Y
o
u
Are Aware (B'nai B'rith); and weekly public affairs progra
m
m
i
n
g
f
r
o
m
KMSP and KITN TV: Focus/Young Issues, Senior Citizens Forg
e
,
a
n
d
Talk About with Mary Hanson; and more.
All school districts in the five cities contributed progr
a
m
m
i
n
g
produced by parents, students, and teachers. Most active
w
e
r
e
t
h
e
Hopkins Schools, submitting some 15 titles each month. Hi
g
h
l
i
g
h
t
s
among the many school events cablecast: High School Hocke
y
f
r
o
m
a
l
l
five districts; Edina, Eden Prairie, Hopkins, and Richfiel
d
H
i
g
h
School Commencements; Edina High School Concert Choir Curr
e
n
t
J
a
m
;
dozens of elementary and junior high school arts events.
T
h
e
schools also utilized local channels mornings during the s
c
h
o
o
l
y
e
a
r
for interactive language courses.
Locally-produced, non-series programming include coverage
o
f
Eden Prairie girls gymnastics and little league baseball by
E
d
e
n
Prairie homemakers; arts programs by a 60-year-old Edina wo
m
a
n
;
a
n
Edina clown produced Mitzi's Clown Costumes and Gimics;
L
e
a
g
u
e
o
f
Women Voters of Edina and Richfield presented live candid
a
t
e
s
meetings; five concerts were recorded at Edinborough Park
;
a
w
i
d
e
range of Christmas specials (local plays, concerts, and
e
v
e
n
t
s
)
w
e
r
e
produced. Video tributes to Wayne Courtney and Don Milb
e
r
t
w
e
r
e
presented at ceremonies and cablecast.
Paragon staff participated in virtually all local productio
n
s
and often took leading roles. Two outstanding staff proj
e
c
t
s
a
r
e
Hopkins' Capitol for a Day
, and The 1989 Teddy Awards. Capitol for a pay follows Governor Rudy Perpich as he visits sites thro
u
g
h
o
u
t
Hopkins on November 22nd. On April 27th, some 250 local
a
c
c
e
s
s
producers received our praise and certificates of appreci
a
t
i
o
n
w
h
i
l
e
clips from 100 local programs were cablecast live from Ed
i
n
b
o
r
o
u
g
h
Park. The scope and success of the 7th Annual Teddy Awar
d
s
c
e
r
e
m
o
n
y
was indicative of a great year.
SW1 - 10/4/89
17
SOUTHWEST SUBURBAN CABLE COMMISSION
C/O MOSS & BARNETT
Norwest Center
90 South Seventh Street
Ntinnettpotis, MN 55402-4119
(612)347.0300
APPENDIX C
PROPOSED BUDGET FOR 1990
Professional
Services
Administration
Legal
Accountant
Consultant
Miscellaneous
Meeting Costs
Bonds
Seminar Expense
Insurance
Membership Dues:
Regional Channel 6
- Membership
- Donation
- Program costs
MACTA
Programming*
Contingency
Notes:
$30,000.00
18,000.00
1,500.00
0
250.00
200.00
500.00
2,800.00
2,500.00
4,500.00
2,500.00
150.00
12.100.00
$75,000.00
* Programming--a separate Program Budget is attached.
"33,5.7 18
Cities of Eden Prairie, Edina, Hopkins, Minnetonka & Richfield
SOUTHWEST SUBURBAN CABLE COMMISSION
C,0 MOSS S: BARNETT
4800 NOINVCSI Center
90 South Seventh Street
Minneapolis, MN i5402-4119
((12) 347•0300
1990
DISTRIBUTION OF FRANCHISE
yus BY CITY
Less
Pene- Net Fee
City Operating Less City tration il
Portion Budoet Program Dalance
Eden Prairie
Edina
Hopkins
Minnetonka
Richfield
21.08 x 480,000 = 101,184.00 15,675.00 23,000.00 62,509.00
26.31 x 480,000 = 126,288.00 18,943.75 23,000.00 84,344.25
9.69 x 480,000 = 46,512.00 8,556.25 23,000.00 14,955.75
25.51 x 480,000 = 122,448.00 18,443.75 23,000.00 81,004.25
17.41 x 480,000 = 83,568.00 13,381.25 23,000.00 47,186.75
,3:601 19
Cities of Eden Prairie, Edina, Hopkins, Minnetonka & Richfield
SOUTHWEST SUBURBAN CABLE COMMISSION
CO Moss & BARNETT
4800 Nomest Center
90 South Seventh Street
Afinneapohs. .IN 55402-4119
(612) 347-0300
1990 BUDGET CONTRIBUTIONS
$75,000.00
-12.500.00
862,500.00
1990 Budget
5 Cities' Contribution
of $2,500 each
Amount to be divided
proportionally
Yearly Contribution
82,500 + % of 862.500
Quarterly
Contribution
Without
program
Eden Prairie
Edina
pkins
Minnetonka
Richfield
21.08 X 62,500 = 13,175.00 + 2,500 = $15,675.00
3,918.75
26.31 X 62,500 = 16,443.75 + 2,500 - $18,943.75 $ 4,736.00
9.69 X 62,500 6,056.25 + 2,500 = $ 8,556.25 $ 2,139.00
25.51 X 62,500 = 15,943.75 + 2,500 = $18,443.75 $ 4,611.00
17.41 X 62,500 = 10,881.25 + 2,500 = $13,381.25 $ 3,345.00
TOTALS $62.499,98
$75.000.00 $18.749.75
With*
Program,
Eden Prairie
Edina
Hopkins
Minnetonka
Richfield
$ 8,518.75
9,336.00
6,739.00
9,211.00
7.945.00
TOTAL $41.749.75
* Program cost is $23,000 per City, or $4,600 per quarter. Fi
r
s
t
quarter payment will be advanced and balance paid in first
three quarters of 1990.
-3'207, 20
Cities of Eden Prairie, Edina, Hopkins, Minnetonka & Richfield
SOUTHWEST SUBURBAN CABLE COMMISSION
CO MOSS & BARNETT
4800 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402-4119
(612) 347-0300
1990
OPERATING BUDGET
Projected Revenue* (estimated)
- Projected gross revenues for Paragon
- Franchise fee 5%
- 1% contribution for access
- Balance for Cities
- Budget for Commission
- Program budget
Balance for Cities
$12,000,000
600,000
120.000
480,000
75.000
405,000
115 000
$ 280,000
Eden Prairie
Edina
Hopkins
Minnetonka
Richfield
$62,509.00
84,344.25
14,955.75
81,004.25
47,186.75
* Gross revenue is estimated because as of the time of
preparing this report, we did not have the updated revenue
information from Paragon.
)) 21
Cities of Eden Prairie, Edina, Hopkins, Minnetonka & Richfield
SOUTHWEST SUBURBAN CABLE COMMISSION
GO MOSS &BARNETT
-1800 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402-4119
(612) 347-0300
PROGRAM BUDGET
"SOUTHWEST COMMUNITY NEWS"
This budget is prepared as an attachment to the Operating
Budget. The Operating Budget is divided by the Cities on the
basis of a formula.
The Program Budget is divided equally by each City:
Cost for program production
$104,000 (charges made by Paragon)
$2,000 per program x 52 programs
Projected program marketing costs
Survey and focus group study
Total
Cost per City
Based on the foregoing, the cost per City
program.
5,000
6.000
$115.000
$ 23,000
will be $445 per
Inasmuch as it has been recommended that the programming
year begin on October 1, 1989, there will be three months of
programming currently unbudgeted. Nine months of programming will occur in 1990. In order to pay for this in 1989, the first
quarter would be advanced by the Member Cities. The remaining
three quarterly payments would be made with the regular quarterl
y
payments for the Operating Budget beginning with the first
quarterly payment in January 1990 (a quarterly Program Budget
payment would not be included in the 4th quarterly Operating
Budget payment).
22
Cities of Eden Prairie, Edina, Hopkins, Minnetonka & Richfield
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Ron Johnson, Fire Chief
Craig Dawson, Assistant to the City Manager
SUBJECT: Award Bids for Two Fire Engines
DATE: November 3, 1989
In February 1989 the City Council approved a proposal to trade-in and purchase
two new fire engines rather that refurbish two engines which are more than ten
years old. The overall cost, to be funded over three years, would be $240,000
for replacement versus $180,000 for refurbishment. The 1989 budget included
$90,000 in equipment certificates to be used for these purchases; the 1990
budget proposes $70,000. As proposed in February, final payment through use of
certificates would occur in 1991.
Bids for the two triple-combination pumpers were opened on September 12, 1989.
One company, General Safety Equipment Corporation, submitted bids. Its net
price, including pre-payment for chassis and trade-in allowance, was $309,000.
This quote assumed that the City would be making payment over three years; the
bidder has included interest costs over that time within the bid. General
Safety satisfied all elements of the specifications. Its prices are comparable
with the prices paid for similar apparatus.
In order to procure this equipment at the prices quoted, the Council would need
to authorize an additional $70,000 in equipment certificates over what was
proposed last winter. Certificates in the amount of $50,000 could be issued
each year from 1991-1993. The interest on the additional $70,000 would be
$18,000-$20,000. In purchasing these replacement engines, the City would be
gaining up-to-date equipment and an additional ten years' useful life for each
engine.
RECOMMENDATION: It is recommended that the Council award the contact for the
purchase of two triple-combination pumpers to General Safety Equipment
Corporation per its bid submitted for $309,000.
CJJ:CWD:bmm
m-fireng
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation and Natural
Resources
DATE: November 3, 1989
SUBJECT: Trail Connection at Larkspur Lane
Attached to this memo is the information submitted to the Parks,
Recreation and Natural Resources Commission in October regarding
the trail connection at Larkspur Lane. At the October 3rd meeting,
the Parks, Recreation and Natural Resources Commission recommended
the City Council consider condemning the trail easement in order
to make this trail connection. The City Manager requested the City
staff to contact the property owners that were opposing the trail
connection to determine what their concerns were and to see if
those concerns could be resolved.
On November 2, 1898 Stuart Fox, Manager of Parks and Natural
Resources and Bob Lambert, Director of Parks, Recreation and
Natural Resources, met with Keith and Mardell Kennedy, 9035
Preserve Boulevard, to provide them with background information on
the trail and to find out what their objections were to the trail, and to determine if their concerns could be alleviated through
screening, etc.
The Kennedy's indicated that they had purchased their home three
years ago and were not aware of any future plans to extend the
trail behind their home. They appreciate the wildlife and natural
character of the Neill Lake area and would not appreciate extending
asphalt through that area. Their concerns are both the viewing of
asphalt through this natural area and the invitation the trail
would have from the public into the Preserve trail system. The
major objection is really the additional loss of privacy behind
their home. The Kennedy's feel they pay extremely high taxes to
live in Eden Prairie, plus an additional fee to be members of the
Preserve Homeowner's Association and they don't believe it makes
good sense to connect the Preserve Homeowner's Association trail
to the public trail system.
Staff pointed out that the Preserve Homeowner's Association trail
system connects to the public trail system throughout the Preserve
and that individuals are walking or bicycling across the outlot at
this time and although the construction of the asphalt trail would
make the trail more convenient and safer to those using the trail
system, it would not encourage a great deal more use of the trail
system behind their home. At the end of the discussion, the
n
Kennedy's were politely adamant that they were not in fav
o
r
o
f
t
h
e
trail connection.
At this time, staff requests directio
n
f
r
o
m
t
h
e
C
i
t
y
C
o
u
n
c
i
l
regarding the completion of this 450' ga
p
i
n
t
h
e
t
r
a
i
l
s
y
s
t
e
m
.
BL:mdd
MEMORANDUM
TO: Parks, Recreation and Natural R
e
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
Mayor and City Council
THRU: Bob Lambert, Director of Par
k
s
,
R
e
c
r
e
a
t
i
o
n
&
N
a
t
u
r
a
l
Resources
FROM: Stuart A. Fox, Manager of Park
s
a
n
d
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
DATE: September 27, 1989
SUBJECT: Trail Connection at L
a
r
k
s
p
u
r
L
a
n
e
For the past year the City staff
h
a
s
a
t
t
e
m
p
t
e
d
t
o
n
e
g
o
t
i
a
t
e
a
t
r
a
i
l
easement from the Preserve Asso
c
i
a
t
i
o
n
t
o
c
o
n
n
e
c
t
t
h
e
b
i
t
u
m
i
n
o
u
s
trail located on Outlot B, Meado
w
P
a
r
k
w
i
t
h
t
h
e
1
0
'
w
i
d
e
m
o
w
e
d
s
o
f
t
surface trail on the southerl
y
e
d
g
e
o
f
N
e
i
l
l
L
a
k
e
.
S
i
n
c
e
t
h
e
s
e
discussions have been unable
t
o
p
r
o
d
u
c
e
a trail easement due to technical difficulties, the st
a
f
f
f
e
l
t
i
t
w
a
s
n
e
c
e
s
s
a
r
y
t
o
g
e
t
t
h
e
Parks, Recreation and Natural R
e
s
o
u
r
c
e
s
C
o
m
m
i
s
s
i
o
n
a
n
d
C
i
t
y
C
o
u
n
c
i
l
involved.
BACKGROUND
During the 1970's when the Pres
e
r
v
e
P
U
D
w
a
s
p
r
o
p
o
s
e
d
a
n
d
d
e
v
e
l
o
p
e
d
they incorporated 8' bituminou
s
w
a
l
k
w
a
y
/
b
i
k
e
w
a
y
s
i
n
t
h
e
i
r
c
o
m
m
o
n
grounds. As a part of the over
a
l
l
t
r
a
i
l
p
l
a
n
,
t
h
e
C
i
t
y
l
o
o
k
e
d
a
t
connecting the municipal/public
t
r
a
i
l
s
y
s
t
e
m
w
i
t
h
p
o
r
t
i
o
n
s
o
f
t
h
e
Preserve trail system. One loc
a
t
i
o
n
f
o
r
a
n
i
n
t
e
r
c
o
n
n
e
c
t
w
a
s
t
o
a
trail running along the southe
r
l
y
e
d
g
e
o
f
N
e
i
l
l
L
a
k
e
t
h
a
t
w
o
u
l
d
connect the Trails Addition a
s
w
e
l
l
H
i
g
h
P
o
i
n
t
A
d
d
i
t
i
o
n
o
n
t
h
e
easterly side of Neill Lake wi
t
h
t
h
e
M
e
a
d
o
w
P
a
r
k
a
n
d
N
e
i
l
l
W
o
o
d
s
Subdivisions on the westerly
s
i
d
e
.
(
A
t
t
a
c
h
e
d
i
s
a
m
a
p
i
n
d
i
c
a
t
i
n
g
the various subdivisions and pr
o
p
o
s
e
d
t
r
a
i
l
c
o
r
r
i
d
o
r
.
)
The Meadow Park Subdivision
w
a
s
a
p
p
r
o
v
e
d
i
n
J
u
n
e
o
f
1
9
7
9
a
n
d
included dedication of Outlot
B
t
o
t
h
e
C
i
t
y
,
w
h
i
c
h
w
a
s
t
o
b
e
u
s
e
d
both for storm drainage and
a
b
i
k
e
t
r
a
i
l
c
o
n
n
e
c
t
i
o
n
.
T
o
t
h
e
northeast Neill Woods Additio
n
w
a
s
a
p
p
r
o
v
e
d
i
n
J
u
l
y
o
f
1
9
7
9
a
n
d
requirements of that subdivis
i
o
n
D
e
v
e
l
o
p
e
r
'
s
A
g
r
e
e
m
e
n
t
i
n
c
l
u
d
e
d
construction of a bituminous tr
a
i
l
t
o
e
x
t
e
n
d
s
o
u
t
h
w
a
r
d
t
o
t
h
e
m
o
s
t
southerly point of Lot 5, Bloc
k
2
.
I
n
1
9
8
1
t
h
e
C
i
t
y
s
e
c
u
r
e
d
a
1
0
'
wide permanent trail easement a
l
o
n
g
t
h
e
s
o
u
t
h
e
r
l
y
p
o
r
t
i
o
n
o
f
N
e
i
l
l
Lake. This easement was giv
e
n
t
o
t
h
e
C
i
t
y
b
y
t
h
e
P
r
e
s
e
r
v
e
Association. The last portion
o
f
t
h
e
t
r
a
i
l
c
o
r
r
i
d
o
r
w
a
s
g
i
v
e
n
t
o
the City in 1982 when a portio
n
o
f
O
u
t
l
o
t
C
o
f
t
h
e
H
i
g
h
P
o
i
n
t
4
t
h
Addition was subdivided and giv
e
n
t
o
t
h
e
C
i
t
y
b
y
t
h
e
P
r
e
s
e
r
v
e
.
A
t
the time that this was given
t
o
t
h
e
C
i
t
y
,
t
h
e
r
e
w
a
s
a
n
e
x
i
s
t
i
n
g
bituminous trail constructed o
n
i
t
.
T
h
e
t
r
a
i
l
e
x
t
e
n
d
e
d
f
r
o
m
t
h
e
most westerly point and proce
e
d
e
d
d
u
e
e
a
s
t
a
n
d
t
h
e
n
n
o
r
t
h
w
a
r
d
bringing it into the Trails 1s
t
A
d
d
i
t
i
o
n
.
Although, the Meadow Park Subdivision was appro
v
e
d
i
n
1
9
7
9
,
t
h
e
actual construction of the 8' wide bituminou
s
t
r
a
i
l
w
a
s
n
o
t
completed until the summer of 1988. It was at th
a
t
t
i
m
e
t
h
a
t
t
h
e
staff discovered that there was a gap in the
C
i
t
y
'
s
a
b
i
l
i
t
y
t
o
complete the trail connection from Meadow Park
(
L
a
r
k
s
p
u
r
L
a
n
e
)
eastward to connect with the mowed trail whic
h
e
x
i
s
t
s
o
n
t
h
e
southerly end of Neill Lake. The staff then conta
c
t
e
d
E
v
e
l
y
n
L
a
w
,
General Manager of the Preserve Association, to
a
s
c
e
r
t
a
i
n
w
h
e
t
h
e
r
or not the City could secure an easement for th
e
c
o
n
s
t
r
u
c
t
i
o
n
a
n
d
use of a pedestrian pathway. A copy of that let
t
e
r
i
s
e
n
c
l
o
s
e
d
f
o
r
your information.
Shortly after the initial inquiry, I was inform
e
d
b
y
M
s
.
L
a
w
t
h
a
t
there was a technical difficulty in securing th
e
e
a
s
e
m
e
n
t
t
h
a
t
w
e
were asking for. According to their Associati
o
n
a
t
t
o
r
n
e
y
,
t
h
e
y
were unable to convey any interests in real e
s
t
a
t
e
t
o
a
n
y
o
t
h
e
r
party since that power was reserved for th
e
m
e
m
b
e
r
s
o
f
t
h
e
Association by statute. It was their attorney'
s
o
p
i
n
i
o
n
t
h
a
t
d
u
e
to this limitation the Board of Directors for the
A
s
s
o
c
i
a
t
i
o
n
c
o
u
l
d
not convey an easement to the City without a m
a
j
o
r
i
t
y
v
o
t
e
o
f
a
t
least 75% of each class of members within the Pre
s
e
r
v
e
A
s
s
o
c
i
a
t
i
o
n
.
After the initial response from the Association
B
o
a
r
d
,
t
h
e
s
t
a
f
f
attended a Board meeting to answer additional q
u
e
s
t
i
o
n
s
t
h
a
t
s
o
m
e
of the Board members had, as well as pursuing t
h
e
p
o
s
s
i
b
i
l
i
t
y
o
f
allowing the City to grade in the trail on the Pr
e
s
e
r
v
e
A
s
s
o
c
i
a
t
i
o
n
property. The reason for this was that the gen
e
r
a
l
p
u
b
l
i
c
w
o
u
l
d
be able to utilize the trail regardless of if
i
t
w
a
s
o
n
a
C
i
t
y
easement or on Preserve Association property.
A
t
t
h
a
t
t
i
m
e
,
t
h
e
Directors felt it was necessary to solicit the
f
e
e
d
b
a
c
k
f
r
o
m
t
h
e
four property owners on the southerly tip of
t
h
e
N
e
i
l
l
W
o
o
d
s
Subdivision to see if there would be any negativ
e
f
e
e
d
b
a
c
k
r
e
l
a
t
e
d
to a trail being placed in the proposed locati
o
n
.
S
h
o
r
t
l
y
a
f
t
e
r
that meeting, the Board received a single negat
i
v
e
r
e
s
p
o
n
s
e
f
r
o
m
one of the property owners, and at that point
t
h
e
y
d
e
c
i
d
e
d
t
h
a
t
the trail discussion should end and that no fu
r
t
h
e
r
d
i
s
c
u
s
s
i
o
n
could take place unless a vote by the membership
w
a
s
u
n
d
e
r
t
a
k
e
n
.
CURRENT STATUS
After several telephone conversations with Evelyn
L
a
w
o
v
e
r
t
h
e
l
a
s
t
year, the staff felt that it was necessary to
f
i
n
d
o
u
t
e
x
a
c
t
l
y
where the Board of Directors stood as far as taki
n
g
t
h
i
s
m
a
t
t
e
r
t
o
the general membership of the Association for a
v
o
t
e
.
A
l
e
t
t
e
r
w
a
s
directed to the Association in the later p
a
r
t
o
f
t
h
e
s
u
m
m
e
r
reaffirming our position in securing the bike
t
r
a
i
l
e
a
s
e
m
e
n
t
.
I
n
mid-September the staff received a response
a
n
d
t
h
a
t
l
e
t
t
e
r
i
s
attached for your review.
Based on this response from the Preserve Ass
o
c
i
a
t
i
o
n
a
n
d
t
h
e
i
r
inability to grant the City the proposed easeme
n
t
,
t
h
e
s
t
a
f
f
f
e
e
l
s
that the Parks, Recreation and Natural Resour
c
e
s
C
o
m
m
i
s
s
i
o
n
a
n
d
City Council need to be involved in determining
t
h
e
f
u
t
u
r
e
o
f
t
h
i
s
trail corridor.
RECOMMENDATIONS
The staff can certainly understand the problem that the Pre
s
e
r
v
e
Association and Board of Directors has related to this situat
i
o
n
.
In order to take a vote of the Association membership, it
w
o
u
l
d
certainly cost the Association a considerable amount of mon
e
y
t
o
print, mail, and tabulate the votes related to this parti
c
u
l
a
r
easement transaction. However, the staff also feels very str
o
n
g
l
y
that the 450' gap in this trail corridor needs to be resolved
.
T
h
e
staff would recommend that this matter be referred to the
C
i
t
y
Attorney for further review and a recommendation as to the str
a
t
e
g
y
to follow in securing this trail easement.
SAF:mdd
3")4,0
s
The Preserve Association Rt.
City of Eden Prairie
7600 Executive Drive
Eden Prairie, 401 55344
Attention: Stuart A. Fox
Dear Mr. Fox:
This letter is in response to your l
e
t
t
e
r
d
a
t
e
d
A
u
g
u
s
t
2
,
1
9
8
9
expressing your desire to secure an
e
a
s
e
m
e
n
t
f
o
r
t
h
e
c
o
n
s
t
r
u
c
t
i
o
n
of a bike trail on property owned b
y
T
h
e
P
r
e
s
e
r
v
e
A
s
s
o
c
i
a
t
i
o
n
o
n
the southwest corner of Neill Lake.
Preserve residents in the immediate
a
r
e
a
o
f
t
h
e
p
r
o
p
o
s
e
d
b
i
k
e
trail object to the construction of
a
d
d
i
t
i
o
n
a
l
b
l
a
c
k
t
o
p
i
n
t
h
a
t
specific area.
In light of their feelings the Board
o
f
D
i
r
e
c
t
o
r
s
o
f
T
h
e
P
r
e
s
e
r
v
e
Association regret to inform you th
a
t
w
e
c
a
n
n
o
t
g
r
a
n
t
t
h
e
p
r
o
p
o
s
e
d
easement.
Sincerely,
THE PRESERVE ASSOCIATION
Everyn I. Law,
General Manager
EIL:ew
11221AndersonLakesParkway EdenPrairie,Minnesota5
5
3
4
4
(
6
1
2
)
9
4
1
-
8
4
0
0
71.1/
CityofEden Prairie
City Offices
,7 -10 Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262
September 12, 1988
Evelyn Law
Preserve Homeowner's Association
11221 Anderson Lakes Parkway
Eden Prairie, Minnesota 55347
Dear Ms. Law:
As we discussed earlier, the City of Eden Pra
i
r
i
e
w
o
u
l
d
l
i
k
e
t
o
s
e
c
u
r
e
a
n
easement for the construction of a bike trail (p
a
t
h
w
a
y
)
o
n
t
h
e
p
r
o
p
e
r
t
y
o
w
n
e
d
by the Preserve Association on the southwestern
c
o
r
n
e
r
o
f
N
e
i
l
l
L
a
k
e
.
I
h
a
v
e
enclosed a description of the easement area (Exh
i
b
i
t
A
)
a
n
d
a
m
a
p
(
E
x
h
i
b
i
t
B
)
.
The reason for the easement is to connect the City owned trail on Outlot B
o
f
Meadow Park with the existing blacktop and mowed
t
r
a
i
l
w
h
i
c
h
g
o
e
s
a
r
o
u
n
d
N
e
i
l
l
Lake. The City is proposing to blacktop the
t
r
a
i
l
f
r
o
m
O
u
t
l
o
t
B
t
o
t
h
e
southerly end and of the existing trail and
h
a
v
e
a
m
o
w
e
d
t
r
a
i
l
o
v
e
r
t
h
e
remaining portion (see map). The bituminous trai
l
w
o
u
l
d
b
e
8
'
w
i
d
e
w
i
t
h
a
2
'
mowed shoulder on each side and the mowed trail w
o
u
l
d
be mowed 8' wide.
I realize that there might be some concern reg
a
r
d
i
n
g
t
h
e
l
a
r
g
e
s
i
z
e
o
f
t
h
e
easement area; however, the City is only inter
e
s
t
e
d
i
n
a
c
o
r
r
i
d
o
r
f
o
r
t
h
e
trail and the legal description as written was
t
h
e
s
i
m
p
l
e
s
t
w
a
y
t
o
d
e
s
c
r
i
b
e
the area without surveying the actual -alignment of the trail. As we discussed -on the site, the City would be responsible for
p
l
a
c
i
n
g
t
h
e
t
r
a
i
l
w
h
e
r
e
l
i
t
t
l
e
or no grading would be required and with minimal
d
i
s
t
u
r
b
a
n
c
e
t
o
t
h
e
v
e
g
e
t
a
t
i
o
n
of the area. Final alignment of the trail would
b
e
s
u
b
j
e
c
t
t
o
b
o
a
r
d
a
p
p
r
o
v
a
l
prior to the start of construction in order to assure mutu
a
l
a
g
r
e
e
m
e
n
t
o
n
t
h
e
best route for both parties involved.
If you have any questions, please fee free to cal
l
m
e
a
t
9
3
7
-
2
2
6
2
,
e
x
t
.
2
7
2
.
Thank you for your assistance in this matter.
Sincerely,
C.
Stuart A. Fox
Environmental Services Manager
City of Eden Prairie
SAF:mdd
[3:241
EXHIBIT A
EASEMENT FOR PATHWAY
THE PRESERVE OF EDEN PRAIRIE, INC., a Minnesota Corporation, hereby grants,
bargains, and conveys to THE CITY OF EDEN PRAIRIE, its successors and assigns,
an easement in perpetuity for a pedestrian pathway purposes over the following
described land:
Beginning at Southeast corner of Lot 2, Block 4, Meadow
Park; thence Easterly to the shoreline of Neill Lake;
thence Northwesterly and Northeasterly along said shoreline
to a point on the shoreline which is the intersection of
the Southeasterly extension of the Northeasterly lot line
of Lot 5, Block 2 of Neill Lake Wood Addition; thence
Northwesterly along said line to the most Easterly corner
of aid lot; thence South 58' 45' 11" W 104.1 feet; thence N
81 43' 27" W 111.16 feet; thence N 46° 55' 36" W 231.36
feet; thence South along the Easterly line of the Meadow
Park plat 508 feet to the point of beginning.
The City of Eden Prairie, by accepting this instrument and easement granted
herewith, hereby agrees to be responsible for the construction of the
pedestrian pathway and shoulder areas, to wit: as a pedestrian pathway
system. There shall not be allowed thereon motorcycles, motor bikes or other
vehicles which may be prohibited therefrom time to time by resolution of the
City of Eden Prairie, except maintenance vehicles.
i . 14• 1,a \ s-rOCI • 14. ..,---Trt.0;-.0.10 016 <3., • 'VA • ••• C/V.;•.4).; , TOIL 10•W'r•":..0 id 344'11. Do' rw: , I eta' aP rigg) 11 Mr:r44e) (4) I .7. • • 5k\. . • .1 1..0/ C7) cic•• cc') DN ••• 1972.03 Exnur.5 hIMISUNF-4
; nnn ,frai I if "10. %MeV I Lk/. %. ."*.lectr-6 I i„ aytwmianAnwawAw.sArk- ,e Ti ,? Vv..* Outlot C ir°sed easement area vv, - t Va.r.4‘ Novv,;‘ 4°4V' ger4t1k P441V # KEY , mowed trail blacktop trail proposed ,trall connection ........ rf 11,
UNAPPROVED MINUTES
EDEN PRAIRIE PARKS, REC. 4 NATURAL RESOURCES COMM. Oct. 2, 1989
-6-
VI. OLD BUSINESS
None
VII. NEW BUSINESS
None
VIII. REPORTS OF COMMISSIONERS AND STAFF
A. Reports of Manager of Parks and Natural Resources
I. _Trail Connection at Larkspur Lane
Refer to memo dated September 27, 1989 from Stu
Fox, Manager of Parks, Recreation and Natural
Resources.
Lambert said that this would connect the bituminous
trail on Outlot B, Meadow Park with the 8' wide
bituminous trail on the west side of Neill Lake.
There is about a 450' gap in the trail at this
point and the Preserve Homeowner's Association
told the City it would be required to get approval
of 75% of all members in the association in order
to grant this easement if there were no objections.
One resident objected to the trail connection and
the association did not want to expend the time
and money necessary to take a vote. The City has
been mowing the land in between the trails. Staff
is recommending that this issue be turned over
to the City attorney to begin condemnation
proceedings.
MOTION: Joyer moved to recommend that the issue
of a trail connection at Larkspur Lane be referred
to the City attorney to begin condemnation
proceedings. Karpinko seconded the motion and
it passed 5-0.
AlA,
MEMORANDUM
TO:
THRU:
FROM:
DATE:
Mayor and City Council
Parks, Recreation & Natural Resources Commission
Carl Jullie, City Manager
Bob Lambert, Director of Parks, Recreation & Natural
Resources--L-
November 15, 1989
SUBJECT: Review Proposed Land Trade at Purgatory Creek Recreation
Area Entry
The purpose of this memo is to inform the Parks, Recreation and
Natural Resources Commission and the City Council that staff is
discussing the possibility of trading land at the Purgatory Creek
Recreation Area with the property owner to the east.
Since the City acquired the 5.5 acre parcel designated as the
future entry to the Purgatory Creek Recreation Area, the State has
finalized the design for the intersection of the Prairie Center
Drive overpass over future Highway 212. This intersection will
require relocating Technology Drive to a position approximately
120' west of the park parcel's eastern boundary. This 120' x 600'
parcel is relatively undevelopable; therefore, it has been
suggested that the City move the park boundaries either further to
the west to front on Technology Drive, or further to the east to
center the parcel on the proposed full access from Prairie Center
Drive. City staff would recommend considering as the first
priority moving the parcel further to the east to center the park
on the full access for several reasons:
1. The full access from Prairie Center Drive, rather than from
Technology Drive, focuses the park on the City ring route and
future downtown rather than on a frontage for Highway 5 and
future Highway 212.
2. The closer the major entry can get to Single Tree Lane the
closer the park can function as its original intent to draw
people from the Major Center Area to this public gathering
spot.
3. If the park is located between two office buildings, as has
been proposed, the idea of cross easements for parking works
very well, as the peak time for park use would generally be
evenings and weekends when office parking lots are not in use
to a great extent.
4. Moving the park to the east allows for some joint construction
and cost savings relating to parking lots, pedestrian systems,
landscaping, and roadways serving the park and the adjacent
development.
a
5. Surrounding the park with high quality deve
l
o
p
m
e
n
t
w
i
t
h
extensive landscaping would add to the feeling
o
f
p
r
o
v
i
d
i
n
g
a
park in a much larger scale that what is ac
t
u
a
l
l
y
p
u
b
l
i
c
l
y
owned.
Attached to this memo is a map depicting the
c
o
n
c
e
p
t
d
e
s
i
g
n
f
o
r
developing the park between an office building
t
o
t
h
e
w
e
s
t
a
n
d
a
medical clinic and Flagship Athletic Club
t
o
t
h
e
e
a
s
t
.
T
h
i
s
concept provides a major full access directly
i
n
t
o
t
h
e
p
a
r
k
a
n
d
cross easements for parking between the park an
d
t
h
e
a
d
j
a
c
e
n
t
l
a
n
d
users. If this concept were adopted, staff wo
u
l
d
r
e
c
o
m
m
e
n
d
t
h
e
roadway systems and parking lots be construct
e
d
b
y
t
h
e
a
d
j
a
c
e
n
t
property developer, while the City would b
e
r
e
s
p
o
n
s
i
b
l
e
f
o
r
developing the pavilion, fountain, play area, b
o
a
t
b
a
s
i
n
,
e
t
c
.
If the City were able to satisfactorily make t
h
i
s
l
a
n
d
t
r
a
d
e
a
n
d
accomplish these types of cross easements, the
d
e
v
e
l
o
p
m
e
n
t
o
f
t
h
e
Purgatory Creek Recreation Area entry sudden
l
y
b
e
c
o
m
e
s
a
v
e
r
y
feasible project.
City staff is presently obtaining information
o
n
s
o
i
l
s
a
n
d
c
o
s
t
s
to extend the storm sewer through this property
a
n
d
w
i
l
l
b
e
m
a
k
i
n
g
a recommendation to the Parks, Recreation and
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
Commission and the City Council regarding the
p
o
s
s
i
b
l
e
l
a
n
d
t
r
a
d
e
sometime in the near future.
GRADING PERMIT
Whether or not the City decides to trade land,
i
t
d
o
e
s
m
a
k
e
s
e
n
s
e
for the City to jointly apply for a grading
p
e
r
m
i
t
w
i
t
h
W
i
l
l
i
a
m
Naegele, the property owner to the east. It i
s
i
m
p
o
r
t
a
n
t
t
o
h
a
v
e
an approved grading permit in place, so that wh
e
n
e
v
e
r
f
r
e
e
f
i
l
l
i
s
available this fill can be placed on the si
t
e
a
c
c
o
r
d
i
n
g
t
o
a
n
approved plan. At this time, the City Enginee
r
i
n
g
D
e
p
a
r
t
m
e
n
t
i
s
reviewing the soils information and a gradin
g
p
l
a
n
a
n
d
w
i
l
l
b
e
submitting a joint request for a grading permit
a
t
t
h
e
n
e
x
t
C
o
u
n
c
i
l
meeting.
BL:mdd
DJ FAIRVIEW CLINIC co at FLAGSHIP Eden Prairie, Minnesota