HomeMy WebLinkAboutCity Council - 12/16/1980AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, DECEMBER 16, 1980
HLING & REDEVELOPMENT AUTHORITY MEMBERS:
HOUSING & REDEVELOPMENT AUTHORITY STAFF:
7:30 PM, CITY HALL
Wolfgang Penzel, Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
City Manager Roger K. Ulstad, Finance
Director John D. Franc, and Joyce Provo,
Recording Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
CALL MEETING TO ORDER
MINUTE -. OF HOUSING & REDEVELOMENT AUTHORITY MEETING HELD NOVEMBER 18,
1980
III, RECOMMENDATION TO THE CITY COUNCIL ON THE SALE OF $18,500,000.00 GENERAL
OBLIGATION TAXINCREMENT FINANCING BONDS
IV. ADJOURN MEETING
Page 293;
EDEN PRAIRIE CITY COUNCIL
f. „DAY, DECEMBER 16, 1980 Immediately following Housing &
Redevelopment Authority Meeting
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF: City Manager Roger K. Ulstad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Finance Director John Frane; Director of
Community Services Bob Lambert; City
Engineer Carl Jullie; and Joyce Provo,
Recording Secretary
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Minutes of City Council Meeting held Tuesday, November 18, 1980 Page 293!
8. Minutes of Special City Council Meeting held Tuesday, November 25, 1980 Page 294
AWARD RID FOR SALE OF $300,000.00 CERTIFICATES OF INDEBTEDNESS (Resolution
N6780-230
W. AWARD BID FOR SALE OF $18,500,000.00 GENERAL OBLIGATION TAX INCREMENT
-BONDS TResolution No. 80-2371
V. CONSENT CALENDAR
A. Clerk's License List Page 294,
City Council Agenda - 2 - Tues„December 16, 1980
B. Set Public Hearing for Edenvale Apartments for January 20, 1981
C. Set Public Hearing for Fairway Woods Amendment for January 20, 1981
D. Set Public Hearing for Bentec Office for January 20, 1981
E. Petition for improvements on Sunnybrook Road, I.C. 51-381 (Resolution
No. 80-2351
F. Final plat approval for Dolejsi Addition (Resolution No. 80-233)
G. Final plat approval for Bryant Lake View Addition (Resolution No.
80-232)
H. 2nd Reading of Ordinance No. 80 -324. approving the utility rate
schedule for 1981
I. 2nd Reading of Ordinance No. 80-24, rezoning the 1st Phase of the
Lake Idlewild Office Development by Land'Sake and developer's agreement
J. Set date for 1st Reading of Park Ordinance for February 10, 1981
K. Final plat approval for Prairie Lakes Business Park (Resolution No,
80-237)
VI. PUBLIC HEARINGS
• .„.)
A. CABLE TV Public Hearin9 Ordinance No, 8043 2:il1 c
B. Liquor License for Eden Prairie Steak AssociateS
C. Public Hearing for vacating drainage and utility easements, lots 9
and 10, block 15, Bluffs West (Resolution No 80.'236)
B. Public Hearing for sanitary sewer and watermain laterals on Willow
Creek Road and Flying Cloud Drive (Resolution No, 80-234)
VII. PAYMENT OF CLAIMS NOS. 4303 - 4C00
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. PETITIONS, REQUESTS & COMMUNICATIONS
A. Belvedere Interim Use Amendment by 0n-B±.12y., Request to change dental
office interim use at 8480 Frani° Road to an adolescent treatment
center to be called "Prairie House", (Continued from December 2; 1980)
B. Request for extension of Municipal Industrial Development Bond
authorization for Eagle Drug to January 20, 1981
X. REMUS OF OFFICERS, BOARPS & COMMISSIONS
A. Reports of Council Members
B. Report.of City, Attorney
I. Cenyact_for Peed and OptA slyeemont for purchase of land. for City
Builciings
C. Report of _City Manager
Page 2950
Page 2951
Page 2952
Page 2953
Page 2954
Page 2956
Page 2958
Page 2959
Page 2972
Page 2973
Page 2974
Page 2996
Page 3027
Page 3028
Page 3029
Page 2868
& 3033A
Page 3034
City Council Agenda - 3- Tues„December 16, 1980
D. Report of finance Director
1. Resolution No. 80-238 amending the 1980 City Budget
Page 3035
NEW BUSINESS
ADJOURNMENT.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MINUTES
7:45 PM, CITY HALL
Mayor Wolfgang Penzel, Dean Edstrom,
Dave Osterholt and Paul Redpath
Sidney Pauly
City Manager Roger K. Ulstad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Director of Community Services Bob Lambert;
City Engineer Carl Jullie; Finance Director
John Frane, and Joyce Provo, Recording
Secretary
TUESDAY, NOVEMBER 18, 1980
COUNCIL MEMBERS PRESENT:
COUNCIL MEMBERS ABSENT:
COUNCIL STAFF PRESENT:
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were moved to the Consent Calendar: VII. C. Request from the
Eden Prairie Athletic Association, VIII. D. 2. Receive 100% petition for improvements
on W. 70th Street, I.C. 51-3447esolution No. 8O-2221 VIII. D. 3. Receive
feasibility report for sewer and water laterals on Willow Creek Road at Flying
Cloud Drive, I.C. 51-382 (Resolution No. 80-224 - setting hearing for December 16,
1980 , VIII. D. 4. Petition for vacating drainage and utility easements abutting
ots 9 and 10, block 15, Bluffs West (Resolution No. 80-225 - setting hearing for
December 16, 1900), VIII. D. 5. Consider bids for Sunset Trails, I,C, 51-392
1.5-sOlution No. 80-226), and VIII. E. 3. Resolution No. 80-228, relating to
$300,000.00 Certificates of Indebtedness, Series 1980; authorizing the issuance and
calling for the sale thereof.
Resolution Nos. 80-229, 80-230 and 231 regarding conformance with developer's
agreements for Shady Oak Park 2nd Addition, Lot 1 and Lot 2, and Shady Oak Park
4th Addition, Lot 2 1 were added as item VIII. C. 3.
MOTION: Edstrom moved, seconded by Redpath, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 4, 1980
Pg. 8, 5th para., 2nd line, strike "16" and insert in lieu thereof "18".
MOTION: Osterholt moved, seconded by Edstrom, to approve the minutes of the City
Council meeting held Tuesday, November 4, 1980, as amended and published. Motion
carried unanimously.
III. CONSENT CALENDAR
A. Cancel November 18, 1980 Public Hearing for Cable TV (December 2, 1980 Cable TV
Public Hearing still scheduled as set by Council previously)
B. Receive_petition and order feasibility report for sanitary sewer and watermain (
improvements on Luther Wayand Meadow Lane, I.C. 51-395 Resolution No.
80-223)
C. Request from Fox, McCue & Murphy to serve as the City of Eden Prairie's Auditors
for the 1901) fiscal year audit
Approved as per communication dated November 4, 1980, from Fox, McCue & Murphy.
14-Ali •
City Council Minutes - 2 - Tues.,November 18, 1980
D. Request from the Eden Prairie Athletic Association (formerly item VII. C.)
Approved as per staff recommendation in memo dated November 14, 1980 from Director
• of Community Services Lambert.
E. Receive 100% petition for improvements on W. 70th Street, I.C. 51-344C (Resolution
No. 80-222) - formerly item VIII. D. 2.
F. Receive feasibility report for sewer and water laterals on Willow Creek Road at
Flying Cloud Drive, I.C. 51-382 (Resolution No. 80-224 - setting hearing for
December 16, 1980) - formerly item VIII. D. 3.
G. Petition for vacatim drainageand utility easements abutting lots 9 and 10,
block 15, Bluffs West (Res olutionNo. 80-225 - setting hearing for December 16,
1980) - formerly item VIII. D. 4.
H. Consider bids for Sunset Trails, I.C. 51-392 (Resolution No. 80-226) - formerly
item VIII. D. 5.
Awarded bid to Brown & Cris, Inc. in the amount of $74,245.10.
I. Resolution No. 80-228, relating to 000,000.00 Certificates of Indebtedness,
Series 1980; authorizing the issuance and calling for the sale thereof - formerly
item VIII. E. 3.
Bond sale set for December 9, 1980.
MOTION: Edstrom moved, seconded by Redpath, to approve items A - I on the Consent
Calendar. Roll Call Vote: Edstrom, Redpath, Osterholt and Penzel voted "aye".
Motion carried unanimously.
IV. PUBLIC HEARINGS
A. EWE'S KNOLL by Orris Eide. Request to rezone 2 acres from Rural to R1-13.5
and—fireliminary plat 4 lots for 3 new homes. Located at 15601 Valley View Road.
(Ordinance No. 80-29 and Resolution No. 80-220)
Planning Director Enger explained Mr. Eide is at the Council meeting this evening
to answer any questions the Council members may have, and pointed out the location
of the plat consisting of 4 lots for 3 homes. The Planning Commission reviewed
this proposal on 9/22/80 and recommended approval to the City Council subsequent
to Watershed District approval and City Engineer's review, and contingent on the
Staff Report dated 9/16/80.
The question was raised as to the ownership of the 3 outlots south of Eide's
Knoll. City Engineer Jullie felt the City owned Outlot I, and the developer of the
Meadow's owned the remaining two outlots. However, Jullie said he would check
to verify this information.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and give
a 1st Reading to Ordinance No. 80-29, rezoning 2 acres from Rural to R1-13.5 for
[ides Knoll by Orris Eide. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-220,
approving the preliminary plat of 4 lots for 3 new homes for Eide's Knoll by
Orris Eide contingent on the proponent, as part of the platting, provide a public
access easement to Outlot I within his plat to be worked out with the City Planner.
Motion carried unanimously.
City Council Minutes - 3 - Tues.,November 18, 1980
I V.
A. EIDE'S KNOLL (continued)
Mr. Cardarelle stated on behalf of the proponent that they would be willing to
sign an easement agreement.
MOTION: Edstrom moved, seconded by Redpath, to direct staff to draft a developer's
agreement in accordance with the recommendation of the Planning Commission and
Staff Report dated 9/16/80. Motion carried unanimously.
B. SINGLE TREE OFFICE by Willvs Holmquist, Request to rezone 2 acres from Rural to
Office for an office building. Located in the southeast quadrant of Single Tree
Lane and Eden Road. (Ordinance No. 80-30)
Tim Pierce, Pierce & Associates, spoke to the proposal and introduced Willys
Holmquist, the proponent, and Frank Cardarelle, the general contractor.
Planning Director Enger explained this item was reviewed by the Planning Commission
on 10/14/80 and the Commission recommended approval of the request for rezoning
to the City Council on a 5 - 0 vote subject to the Staff Report dated 10/9/80.
MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and give
a 1st Reading to Ordinance No. 80-30, rezoning 2 acres from Rural to Office
for Single Tree Office by Willys Holmquist. Motion carried unanimously.
MOTION: Edstrom moved, seconded by Osterholt, to direct staff to draft a
developer's agreement incorporating the recommendations of the Staff Report dated
10/9/80 and Planning Commission. Motion carried unanimously.
PAYMENT OF CLAIMS NOS. 3864 - 4100
MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos.
3864 - 4100. Roll Call Vote: Redpath, Edstrom and Penzel voted "aye" on all
Claims, Osterholt "abstained" on Claim No. 4015 and voted "aye" on remaining
claims. Motion carried.
VI. REPORTS OF ADVISORY COMMISSIONS
No reports.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Presentation from Eagle Enterprises regarding status of their elderly housing
project and .preliminary request for Community Development Block Grant participation
City Manager Ulstad explained City staff has visited with Eagle Enterprises and
talked about their project. Their communication to the Council dated October 14,
1980 outlines their original request.
Lance Noderhus, Eagle Enterprises, Inc., stated the original request in their
communication dated October 14, 1980, was for $200,000.00 in Community Development
Block Grant funds. However, since the time the request was submitted he has given
further thought to the dollar amount and feels that it is possible in the final
analysis that a lesser amount might be sufficient. Noderhus requested of the Council
an opportunity to do a market study and possibly paying purchase commitments or
pre-selling the units which would provide a turn-key operation rather quickly on
completed construction, thus reducing carrying costs of the project. Upon
completing the study or pre-sell, he would like to return to the Council to review
the total cost.
21-1 0
City Council Minutes - 4 - Tues.,November 18, 1980
A, Presentation from Eagle Enterprises (continued)
Osterholt asked if the areas where the City has low and moderate income housing,
i.e., Windslope, Briarhill or perhaps the Murial Humphrey residences, have any
. particular needs that would be eligible for Community Development Block
Grant fund expenditures.
Planning Director Enger replied in the affirmative stating they have exhibited
needs to the City in the past mostly in terms of Windslope and Briarhill for the
development of parks, which have been provided. There are additional eligible
activities that could be found for these projects, however, they have not come
forward within the last couple of years since the City has been providing the
recreational benefits.
Osterholt felt this would be a good project for the Human Rights & Services
Commission whereby they could make a recommendation on how CDDG funds could be
used by submitting a list of priorities to the Council.
Enger explained Mr. Noderhus is asking for some type of participation from CDBG,
although he isn't asking for any dollar amount or any authorization tonight because
he doesn't have a good idea how much money he will need. Money has been set
aside in the three year program to try to provide in some way up to 160 elderly
units, and Mr. Noderhus feels that there is quite an expenditure placed in the
marketing in their evaluation of what money they might need. If they can pre-
sell some units, it is their feeling the Community Development Block Grant
participation might be a lot less than $200,000.00. What Mr. Noderhus is asking
tonight is if his project is in line with the overall three year CDBG program, and
sanction to go ahead and do some pre-selling of units to determine if one bedroom
or two bedroom units are best, if there should be garages, if there should be
amenities, if there should be balconies, and how quickly two units sell. Enger's
feeling is that this pre-sell approach should certainly help the City answer
questions about housing for the elderly. Enger added the pre-sell approach is
a safe approach for Eagle Enterprises and also for the City.
Penzel agreed the Council should probably also look at the other needs the City
has, but urged the Council to not make that a necessary prerequisite before
encouraging Mr. Noderhus to pursue his own specific project. Penzel suggested the
Council encourage Mr. Noderhus to proceed with his particular approval as long as h:1 ,
clearly understands the Council this evening is not making a commitment to any
specific number of dollars, commenting the Council is thereby standing by the
commitment that was made two years ago when the original banking of funds was
initiated with the intent of providing housing opportunities which otherwise using
market funding only would not be available.
Osterholt stated when Mr. Noderhus originally brought this proposal before the
Council there was no request for CDBG money. It may be the best way to spend
the money; however, he would like to see the other needs in the community before
making a commitment.
Mr. Noderhus explained they are willing to spend the money for the marketing as long
as there is some encouragement by the Council.
MOTION: Redpath moved, seconded by Osterholt, to continue the commitment of
Community Development Block Grant funds for the purpose of providing low and moderat
income housing, and request the Human Rights & Services Comuission to determine
what needs there are in the community from their prospective. Motion carried
unanimously.
Osterholt asked that an inquiry be made as to what the future of Community
Development Block Grant funds may be in tr next Session of Congress.
City Council Minutes - 5 - Tues.,November 18, 1980
B. Community Development Block Grant Program for use of Year VII funds
MOTION: Redpath moved, seconded by Edstrom, to approve the proposed Year VII
Program which set aside the total amount as the third year of a program that banks
' the money for use as a subsidy toward provision of low and moderate income
elderly housing units. Motion carried unanimously.
C. Request from the Eden Prairie Athletic Association
This item was moved to the Consent Calendar (III. D.).
D. Request from the Eden Prairie Athletic Association
Director of Community Services Lambert referred to the two letters to be considered
by the Council - one from the School Board and the second from Mr, Wigen,
Chairman of the Fund Raising Committee of HAEP.
The School Board's letter and first part of Mr. Wigen's letter refer to a
commitment for funding for the new proposed hockey team locker room addition to
the Community Center. Lambert asked that the Council take action to either approve
or disapprove of this item.
MOTION: Osterholt moved, seconded by Edstrom, to approve the hockey locker room
addition with funding sources as recommended by the School District and the Ice
Arena Building Committee of HAEP. Roll Call Vote: Osterholt, Edstrom, Redpath
and Penzel voted "aye". Motion carried unanimously.
Lambert referred to the second pertaining to Mr. Wigen's discussions with several
businesses regarding donations for half a zamboni, and one confirmation on a
scoreboard with a possible second. Lambert displayed a graphic of the proposed
scoreboard for Council members to review.
Council members felt the advertising on the scoreboard as depicted to be in-
appropriate and that a small sign on one end of the scoreboard with an appropriate
logo would serve equally as well.
Mr. Wigen stated he was not sure the donor would go along with a smaller sign, but
would check to find out.
Penzel added a modest sign with a beautiful scoreboard can be done successfully
and the Council would consider it very favorably, i.e., not to exceed 10% of the
basis sign square footage.
Lambert commented each side of the zamboni would have a sign about 3 feet by 4 feet, '
and as of this date Suburban National Bank has offered to donate 50% of the total
cost of one zamboni. Council had no problem with the size of the sign on the
zamboni.
Lambert stated he would bring in another design proposal for a scoreboard within
two weeks for the Council to consider,
VIII. REPORTS OF OFFICERS, BOARDS COMMISSIONS
A. Reports of Council Members
1. Councilman Osterholt referred to the resolution on campaign spending and
reports filed in City Hall pertaining to same.
("Aga
City Council Minutes - 6 - Tues.,November 18, 1980
2. Mayor Penzel brought to the Council's attention the request that is going
to be made by the Board of Education to block off West 72nd Street, and
suggested the Council may consider asking the Board of Education, in the
event the request is granted, to open up Valley View Road.
3. Councilman Osterholt referred to the signage on some of the buildings within the
City and questioned if the sign ordinance has been enforced. Osterholt
added he would talk to the City Manager about specific signs.
4. Councilman Redpath brought the Council up-to-date on Cable TV.
5. Councilman Edstrom informed the Council as to meetings he has attended and
information he has received on both solid and hazardous waste. Edstrom stated
he would keep the Council informed on these issues in the future.
B. Report of City Attorney
1. Park Use Ordinance (continued from November 4, 1980)
City Attorney Pauly distributed the revised Park Use Ordinance to Council
members.
MOTION: Redpath moved, seconded by Osterholt, to refer the revised Park
Use Ordinance to the Parks, Recreation & Natural Resources Commission for
their review and recommendation. Motion carried unanimously.
2. Discussion on Northern States Power Franchise
City Attorney Pauly reviewed with the Council the status of the Northern
States Power Francise agreeffent. Pauly stated he would bring the agreement
before the Council as soon as he has received feedback from City Staff
and sat down with the NSP legal department. Hopefully this will be ready
for Council's consideration by December 2nd and, if not, shortly thereafter.
C. Report of City Manager
1. Utility rates
City Manager Ulstad spoke to the proposed utility rate structure schedule
which has been submitted for the Council's review. Ulstad noted the City
has continued to use the present rates for a period of time and staff feels
it is necessary to review these rates. Mr. Frane has developed rates which
he feels are necessary both for the operation of the City's utility system and
also the capital outlay that will occur within Eden Prairie in the next two
years.
Osterholt questioned if these rates were to be charged, what would the City
collect in 1981, 1982 and 1983 in terms of total dollars (revenue) and what
would the monies be expended for? Frane replied he would put together these
figures for the Council's review.
It was the general consensus of the Council that consideration of the proposed
rate schedule be continued to December 2nd, allowing Mr. Frane to prepare
information requested by the Council.
c2g113
City Council Minutes - 7 - Tues.,November 18, 1980
2. Lease for liquor store (Preserve Village Center)
City Manager Ulstad explained prior to the general election, discussion
took place regarding the leasing of a second liquor facility which was
primarily based on the assumption that the liquor question would be on the
November ballot. City Attorney Pauly did inform staff that we could not ask
that question this November, but would have to wait until a subsequent
date and establish an election date and ask the question sometime in 1981.
Ulstad referred to the letter received from Richard W. Gibson, Vice President
and General Manager of Supplee Enterprises, Inc., the firm that is handling
all of the lease arrangements for the Preserve Village Center at Anderson
Lakes Pky. & Co. Rd. 18. Late this summer Ulstad explained he pointed out to
Mr. Gibson it was the opinion there would have to be an election to determine
whether the City voters wanted the City to continue in the liquor business or
not so Mr. Gibson inferred he would hold the space open. In the communication
dated November 7, 1980, Mr. Gibson indicates the space is still available and
would like the City to commit as to whether the City is wanting the space or not
Reference was also made to the memo from Finance Director Frane giving a
tentative estimate on what the City might anticipate in that area.
Penzel asked for a recommendation from City Manager Ulstad.
Ulstad replied he feels 1) the City voters are going to approve the liquor
question, 2) the liquor operation at the Prairie Village Mall is a successful
one which is operating at about 13% of the gross sales of the Penny's
Supermarket and anticipated volumes at the Prairie Village Center to be a little
less (9%), however, based on that the City can show a profitable operation
in that location also. Ulstad suggested the City enter into,or at least
review, a lease that would call for a three year lease with an option for
renewal with the same clause in effect with the Prairie Village Mall that the
City can break the lease without too much difficulty in the event the City
feels 3 years is too long a time. Ulstad requested authorization from the
Council to negotiate a lease with Mr. Gibson and come back with same for
review by the Council.
Osterholt asked that a diagram be provided the Council showing the location of
the liquor store in the Preserve Village Center.
MOTION: Redpath moved, seconded by Osterholt, to instruct staff to negotiate
lease arrangements for a liquor sotre in the Prairie Village Center. Motion
carried unanimously.
3. Resolution Nos. 80-229, 80-230 and 231 regarding conformance with developer's
agreements for Shady Oak Park 2nd ddition, Lot 1 and Lot 2, and Shady Oak Park
4th Addition, Lot 2
MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution Nos. 80-229,
80-230 and 231 regarding conformance with developer's agreements for Shady
Oak Park 2nd Addition, Lot 1 and Lot 2, and Shady Oak Park 4th Addition, Lot
2. Motion carried unanimously.
4. Meeting on tax increment financing
City Manager Ulstad referred to the meeting to be held Wednesday, November
19, where 24 - 25 property owners in the Major Center Area have been invited
to the City Hall for a meeting to review with them the action taken by the
Council on tax increment financing so those property owners are familiar with
their assessment and what the Council's intent is,
q tiq
City Council Minutes -8 - Tues.,November 18, 1980
5. Booklet to be sent to Moody's
Ulstad displayed a booklet put together by Planning Director Enger to be
sent to Moody's.
D. Report of City Engineer
I. Public participation work plan for alternate sanitary waste disposal study
for Southwest Eden Prairie (continued from 11/4/80)
City Engineer Jullie explained this item was on the Council agenda on
November 4th at which time the Council had questions about the fairness
and equity of this program, and whether it was something the City should proceed
with. At that time Jullie indicated to the Council it was pretty much
mandatory and there wasn't much choice in the matter. However, since that
time Jullie explained he did meet with two members from the Minnesota Pollution
Control Agency and Mr. Kent Lande, consulting engineer from Kirkham Michael
Associates, Inc. Mr. Lande has written up a brief summary of things that
were discussed at this meeting which Jullie distributed and reviewed briefly
with Council members. It has now been determined that the grant program is
not mandatory, but the County has the authority to impose solutions upon the
City if they determine that there is pollution that should be abated. Therefore
the County is the one that has the authority to come in and implement some
type of program. To-date Jullie feels Hennepin County is really not staffed
or prepared to do such a thing. Jullie added the City can decline to further
participate in the program and there apparently will be no immediate consequence
to the City, but if problems do surface later than the County may require
Eden Prairie to take corrective measures. If the study is stopped now there
are some costs that have been incurred for the study to-date, but those are
anticipated to be paid 90% by the State and Federal and Eden Prairie has to
pay about 10%. If the program does continue and the City finds some problems,
in reality it would take almost five years before any money would become
available to take any corrective action, which seems ridiculous as when someone
has an overflowing septic tank they are not about to wait five years to have
it corrected. If it is felt there are serious problems in the City, then
maybe the City should proceed with the plan, however, Jullie questioned that
situation.
Kent Lande, consulting engineer with Kirkham Michael Associates, answered
questions regarding study which he prepared (study on file in City Engineer's
office). Lande reiterated if the City stops now, then only labor costs to-date
and fixed fee would have to be paid and that would be shared 90% State/Federal
and 10% City,
MOTION: Redpath moved, seconded by Edstrom, to decline further participation
and stop the facility plan study. motion carried unanimously.
2. Receive lOr petition for improvements on W. 70th Street, I.C. 51-344C
TResolution No. 80-222)
This item was moved to the Consent Calendar (111. E.).
3. Receive feasibility report for sewer and water laterals on Willow Creek Road
Tt7iTying Cloud DriveTr,t7TR382 (Resolution No, 80-224 - setting hearing
T6FTWFai&—W -MIT--
This item was moved to the Consent Calendar (III, F,),
„t
City Council Minutes 3 Tues.,November 18, 1980
4. Petition for vacating drainage and utility easements abutting lots 9 and
10, block 15 Bluffs West (Resolution No. 80-225 - setting hearing for
December 16, 1980)
This item was moved to the Consent Calendar (III, G.).
.
5. Consider bids for Sunset Trails, I.C. 51-392 (Resolution No. 80-226)
This item was moved to the Conselt Calendar (III. H.).
E. Report of Finance Director
1. Request to set Public Hearing_for consideration of a Liquor License for
Mr. Steak for December 16, 1980
Redpath questioned if there would be an addition to the restaurant, or if
liquor is planned to be served in a family style restaurant?
Mr. Goeman, managing partner of Mr. Steak Restaurant, replied at this point
there is no addition planned, however, they are optimistic of an addition in the
near future. Liquor would be served strictly as a service bar and strictly
at the tables or booths.
Redpath asked how many Mr. Steak Restaurants serve liquor?
Goeman responded it would no longer be a Mr. Steak Restaurant as it is
against the franchise agreement. The license if approved would be issued to
possibly an individual or possibly Eden Prairie Steak Associates doing business
as.
Osterholt questioned how many licenses the City is entitled to issue, and how
many have been issued?
City Manager Ulstad replied until the official census has been submitted,
the City presently has six, two of which have been issued and four available.
Under the new census Eden Prairie would have twelve.
MOTION: Osterholt moved, seconded by Redpath, to set December 16, 1980 as the
Public Hearing date for consideration of a liquor license for Eden Prairie
Steak Associates, Motion carried unanimously.
2. Resolution No. 80-227, relating to $18,500,000.00 General Obligation Tax
Increment Bonds; authorizing the issuance and calling for the sale thereof
Bill Fahey, Ehlers & Associates, spoke to his memo dated November 14, 1980,
recomnending the Council consider selling one issue of $18,500,000,00 General
Obligation Tax Increment Bonds at one time on December 9, 1980, General
discussion took place and Mr. Fahey answered questions of Council members.
MOTION: Redpath moved, seconded by Fdstrom, to adopt Resolution No. 80-227,
relating to $18,500,000.00 General Obligation Tax Increment Bonds; authorizing
the issuance and calling for the sale thereof for December 9, 1980, accepting
the recommendation of Ehlers & Associates, and approving the request from the
Housing & Redevelopment Authority to allow them to utilize City Staff for
project improvements. Roll Call Vote: Redpath, Edstrom, Osterholt and Penzel
voted "aye". Motion carried unanimously.
City Council Minutes - 10 - Tues.,November 18, 1980
3. Resolution No. 80-228, relating to $300,000.00 Certificates of Indebtedness,
Series 1980; authorizing the issuance and calling for the sale thereof for
December 9, 1980
This item was moved to the Consent Calendar (III. I.).
IX. NEW BUSINESS
No "New Business".
X, ADJOURNMENT
MOTION: Osterholt moved, seconded by Redpath, to adjourn the Council meeting at
10:50 PM. Motion carried unanimously.
CITY OF EDEN PRAIRIE
COUNCIL MINUTES
SPECIAL MEETING OF NOVMEBER 25, 1980
Members present: Wolfgang H. Penzel, Mayor; Sidney Pauly, Council-
person; David Osterholt, Councilperson;
Paul Redpath, Councilperson
The meeting was called to order by Mayor Penzel at 5:00 p.m.
Councilman Redpath moved that the bond sale date for the $18,500,000
T. I. F. Bonds be moved to Tuesday, December 16, 1980 with the bid
opening to be at 12:00 noon on the 16th. The Council will consider
the bids at its regular meeting of December 16, 1980 which begins
at 7:30 p.m. The motion was seconded by Councilperson Pauly. All
voted aye. The meeting was adjourned at 5:05 p.m.
D.T.-tirTs.ii.W, City Clerk SEAL
BID SUMMARY SHEET
SALE: $300,000 Certificates of Indebtedness BONDS OF
AT 12:00 O'CLOCK
City of Eden Prairie. Minnesota
BID # , NET INTEREST COST: $ 96;
Account Manager: BANCNORTHWEST
Account Member: Cronin 8, Marcotte, Inc.
; NET INTEREST RATE:
* * * * * * * *
BID # , NET INTEREST COST: $ 7el iffro ; NET INTEREST RATE: E,Tin%
Account Manager: DAIN BOSWORTH, INC.
Account Member:
arai
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
December 16, 1980
1980 RENEWAL
CONTRACTOR (Multi-Family & Comm.) RESTAURANTS TYPE C
Balco Building Systems, Inc. Karp's Twin City Supply
Mon-Sons Inc.
CONTRACTOR (1 & 2 Family)
Bruce Tischbein, Carpenter
HEATING & VENTILATING
Nielsen Sheet Metal, Inc.
Sunburst Heating & Air Conditioning, Inc.
'VENDING MACHINE
A & J Enterprises
1981 RENEWAL
CONTRACTOR ( Multi-Family ti.Comm.)
Aerolift, Inc.
Benson-Orth Associates
Cardarelle & associates
Elder-Jones, Inc.
Shaw-Lundquist Assocaites, Inc.
Welsh Construction Corp.
CONTRACTOR (1 & 2 Family)
Marvin H. Anderson Co.
B & E Enterprises
Bruce Bren Homes
Harvey Homes, Inc.
Hogar Construction
Narr Construction, Inc.
Skluazcek Construction
Trumpy Homes, INc.
Woodsman Builders of Minnesota
HEATING & VENTILATING
Air Comfort Inc.
Allied Metal Craft Co.
Hoov-Aire, Inc.
SBS Mechanical,Inc.
S & W of Shakopee, Inc.
Superior Contractors, Inc.
Ray N. Welter Heating Co.
PLUMBING
S & W of Shakopee, Inc..
GAS FITTER
Ray N. Welter Heating Co.
Superior Contractors, Inc.
WELL DRILLING
Leuthner Well Co.
Max Renner Well Co., Inc.
CLERK'S LICENSE APPLICATION LIST CON'T
RESTAURANTS TYPE A
The Famous Chocolate Chip Cookie Co.
Olympic Hills Golf Club
Pennys Super Market
RESTAURANTS TYPE B
The W. Gordon Smith Co.
Roberts Drug
RESTAURANT TYPE C
Baskin-Robbins 31 Flavors Ice Cream
VENDING MACHINE
Allen Arthur, Inc.
Pennys Super Market
CIGARETTE & TABACCO
Donn & Margies
Eden Prairie Grocery
Eden Prairie Legion Assn.
Edenvale Golf Club
Lion's Tap
PDQ Food Stores
Pennys Super Market
The W. Gordon Smith Co.
Worrell's Valley Dairy
3.2 BEER OFF SALE
Donn & Margies
Eden Prairie Grocery
Eden Prairie Legion Assn.
Edenvale Golf Club
Lion's Tap
PDQ Food Store
Pennys Super Market
The W. Gordon Smith Co.
Worrell's Valley Dairy
3.2 BEER ON SALE
Donn & Margies
Edenvale Golf Club
Lion's Tap
Olympic Hills Golf Club
Power's Dry Goods Co.
TJ's Ice Cream & Pizza Parlor
CLUB LICENSE
Eden Prairie Legion Assn.
SUNDAY ON SALE LIQUOR
The Brothers Restaurant INc.
Eden Prairie Legion Assn.
Genghis Khan of Sapporo
Olympic Hills Corp.
WINE ON SALE
Power's Dry Goods Co.
These licenses have been approved by the department head responsible for
the licensed activity.
Ct.tA 7/1.'a)VLALti%
Rebecca M. Warner, Licensing Clerk
911 9 .
JANES M =PENMAN ANO ASSOCIATED
FACMITECTONM:WELMOIOARRMFARM.ELOMFARSOMOSOM
M12 ,545-E4O9
December 9, 1980
Mr. Chris Enger
Director of Planning
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
RE: Edenvale Apartments
Bar-Ett Development Company
Dear Mr. Enger:
On behalf of the developer of the above project, we hereby request
that the Eden Prairie City Council set a public hearing for the
above project at the earliest opportunity.
If we can be of any help, please call.
Very truly yours,
JAMES M. COOPERMAN & ASSOCIATES
ARCHITECTS, INC.
MEMBER OP 7140 AMERICAN INSTITUTE OF ARCHITECTS
LAUKKA & ASSOCIATES, INC.
gthlentaBaile,..$ g 2.)cwitoperi
7101 YORK AVENUE SOUTH
MINNEAPOLIS. MINNESOTA 55435
(612) 831-8433
December 12, 1980
Mayor Penzel
City of Eden Prairie
8950 Eden Prairie Rd.
Eden Prairie, Na. 55343
Dear Mayor:
We request that the Fairway Woods P.U.D. amendment be brought before
the City Council at your earliest convenience.
The proposal was approved by the Planning Commission at a public
hearing held on Monday, December 8, 1980.
Sincerely,
Larry Laukka
LL/go
,295/
BY:
Tim Pierce
6440 Flying Cloud Drive, Eden Prairie, Minnesota 55944 / Office 944-3075
20
I JO,*
CTIM PIERCE L: '(1_)ASSOC. INC.)
REAL ESTATE CONSULTANTS
December 9, 1980
Roger K. Ulstad
City Manager
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Roger: re: Bentec Office
On December 8, 1980, the Planning Commission voted
5-0 for the approval of rezoning Lots 11 and 12, Block 3, Yorkshire
Point, to office.
On behalf of John Benedict I am requesting an opportunity
to have this item brought before the City Council. Mt. Benedict
is the buyer of this property under a Purchase Agreement and the
sellers are looking for an answer as soon as possible so that they
may close their sale.
Thanks for your co-operation.
Sincerely,
TIM PIERCE 6 ASSOCIATES,-.INC.
TP/1p
December 16, 1980
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-235
RESOLUTION RECEIVING PETITION AND ORDERING
FEASIBILITY REPORT ON IMPROVEMENTS (I.C. 51-381)
WHEREAS, a petition has been received and it is proposed to make
the following improvements;
I.C. 51-381, Utility and street improvements .
on Sunnybrook Road from Homeward Hills Road
to Olympic Hills 6th Addition
and assess the benefitted property for all or a portion of the cost of the
improvements, pursuant to M.S.A. 429.011 and 429.111.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
That the proposed improvements be referred to the City Engineer
for study and that a feasibility report shall be prepared and
presented to the City Council with all convenient speed advising
the Council in a preliminary way as to the scope, cost, assess-
ment and feasibility of the proposed improvements.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: seal
John D. Frane, Clerk
249,13
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-233
A RESOLUTION APPROVING FINAL PLAT '
OF DOLEJSI ADDITION
WHEREAS, the plat of Dolejsi Addition has been sub-
mitted in the manner required for platting land
w
i
d
e
r
t
h
e
E
d
e
n
P
r
a
i
r
i
e
O
r
d
i
n
a
n
c
e
Code and under Chapter 462 of the Minnesota Statutes
a
n
d
a
l
l
p
r
o
c
e
e
d
i
n
g
s
h
a
v
e
b
e
e
n
duly had thereunder, and
WHEREAS, said plat is in all respects consistent
w
i
t
h
t
h
e
C
i
t
y
p
l
a
n
a
n
d
the regulations and requirements of the laws of the State of Minnesota and ordin-
ances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI
L
O
F
T
H
E
C
I
T
Y
O
F
EDEN PRAIRIE:
A. Plat Approval Request for Dolejsi Addition is approved
upon compliance with the recommendation of the C
i
t
y
E
n
g
i
n
e
e
r
'
s
- Report on this plat dated December 11, 1980.
B. That the City Clerk is hereby directed to file a
c
e
r
t
i
f
i
e
d
c
o
p
y
o
f
this resolution in the office of the Register of
D
e
e
d
a
n
d
/
o
r
R
e
g
i
s
-
trar of Titles for their use as required by MSA 4
6
2
.
3
6
8
,
S
u
b
d
.
3.
C. That the City Clerk is hereby directed to supply
a
c
e
r
t
i
f
i
e
d
c
o
p
y
of this Resolution to the owners and subdividers
o
f
t
h
e
a
b
o
v
e
n
a
m
e
d
plat.
D. That the Mayor and City Manager are hereby autho
r
i
z
e
d
t
o
E
x
e
c
u
t
e
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council On
ATTEST:
Wolfgang H. Penzel, Mayor
SEAL
John O. Frane, cTiik
*74.
2 q
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Roger Ulstad, City Manager
Carl Jullie, City Engineer
December 11, 1980
DOLEJSI ADDITION
PROPOSAL: The developer, Joseph Dolejsi, is requesti
n
g
C
i
t
y
C
o
u
n
c
i
l
approval of the final plat of Dolejsi Addition. This
i
s
a
s
i
n
g
l
e
family residential plat consisting of 1 lot (approximat
e
l
y
2
a
c
r
e
s
)
located at 6445 West 192nd Avenue (T.H. #101.)
HISTORY: The preliminary plat was approved by the Ci
t
y
C
o
u
n
c
i
l
o
n
October 21, 1980, per Resolution No. R80-203.
Zoning to R1-22 was finally read and approved by the C
i
t
y
C
o
u
n
c
i
l
on November 4, 1980, per Ordinance No. 080-26.
A Developers Agreement was not necessary for this plat
.
T
h
e
f
i
n
a
l
plat submitted conforms with the approved preliminary
p
l
a
t
.
VARIANCES: All variance requests must be processed th
r
o
u
g
h
t
h
e
B
o
a
r
d
o
f
Appeals.
UTILITIES AND STREETS: Municipal utilities and street
s
w
i
l
l
n
o
t
b
e
i
n
-
stalled with this platting.
A 40' wide private easement will provide access to thi
s
l
o
t
u
n
t
i
l
future platting is completed. Public access will be
r
e
q
u
i
r
e
d
a
t
that time.
PARK DEDICATION: A cash park fee Will not be necessar
y
f
o
r
t
h
i
s
p
l
a
t
.
BONGING: Bonding will not be necessary.
RECOMMENDATION: Recommend approval of the final plat
o
f
D
o
l
e
j
s
i
A
d
d
i
t
i
o
n
,
subject to the requirements of this report and the fo
l
l
o
w
i
n
g
:
1. Receipt of City Engineering Services fee in the
amount of $30.00.
65-
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-232
A RESOLUTION APPROVING FINAL PLAT
OF BRYANT LAKE VIEW ESTATES
WHEREAS, the plat of Bryant Lake View Estates has been sub-
mitted in the manner required for platting land gilder the Eden Prairie
O
r
d
i
n
a
n
c
e
Code and under Chapter 462 of the Minnesota Statutes and all proceeding
s
h
a
v
e
b
e
e
n
duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan an
d
the regulations and requirements of the laws of the State of Minnesota
a
n
d
o
r
d
i
n
-
ances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
- .EDEN PRAIRIE:
A. Plat Approval Request for Bryant Lake View Estates is approved
upon compliance with the recommendation of the City Engineer's
'
Report on this plat dated December 9, 1980.
B. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the Register of Deed and/or Regis-
trar of Titles for their use as required by MSA 462.358, Subd. 3.
t. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
plat.
D. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on
Wo fgang H. Penzel, Mayor
ATTEST:
SEAL
John D. frane, Clerk
. ,2q66
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Roger Ulstad, City Manager
Carl Jullie, City Engineer
December 9, 1980
Bryant Lake View Estates
PROPOSAL: The Developer, Thelma Haynes, is requesting
C
i
t
y
C
o
u
n
c
i
l
a
p
p
r
o
v
a
l
of the final plat of Bryant Lake View Estates. The pla
t
c
o
n
s
i
s
t
s
of six single family lots, Lot 1, Block 1, containing
a
p
p
r
o
x
i
m
a
t
e
l
y
7.5 acres and the lots in Block 2 containing from 1.6
t
o
2
.
4
a
c
r
e
s
each. Outlot A, containing approximately 0.5 acres, i
s
i
n
t
e
n
d
e
d
t
o
provide lakeshore access for Lot 1, Block 1, and is no
t
t
o
b
e
b
u
i
l
t
upon, in conformance with recommendation 5 of the Staf
f
R
e
p
o
r
t
a
n
d
dated June 6, 1980.
HISTORY: The preliminary plat was approved by the City
C
o
u
n
c
i
l
o
n
J
u
n
e
1
7
,
1980, per Resolution No. R80-115.
Zoning to R1-22 was finally read and approved by the
C
i
t
y
C
o
u
n
c
i
l
o
n
May 2, 1978, per Ordinance #78-19.
The Rezoning Agreement referred to within this was executed
on May 2, 1978.
VARIANCES: All variance requests must be processed th
r
o
u
g
h
t
h
e
B
o
a
r
d
o
f
Appeals.
UTILITIES AND STREETS: Municipal sanitary sewer, stor
m
s
e
w
e
r
a
n
d
r
o
a
d
-
ways will be installed in conformance with the Rezoning
A
g
r
e
e
m
e
n
t
and Staff Report dated June 6, 1980.
An easement for a temporary roadway turnaround at the e
n
d
o
f
B
r
y
a
n
t
Lane will be required from the Developer prior to relea
s
e
o
f
t
h
e
final plat.
PARK DEDICATION: The requirements for park dedication a
r
e
c
o
v
e
r
e
d
i
n
t
h
e
Rezoning Agreement.
BONDING: A Performance Bond or Letter of Credit approve
d
b
y
t
h
e
C
i
t
y
Attorney shall be provided in an amount approved by th
e
C
i
t
y
E
n
g
i
n
e
e
r
to cover the cost of installing municipal utilities and
RECOMMENDATION: Recommend approval of the final plat o
f
B
r
y
a
n
t
L
a
k
e
V
i
e
w
Estates, subject to the requirements of this report and
t
h
e
f
o
l
l
o
w
i
n
g
:
1. Receipt of fee for City Engineering services in the
amount of $180.00.
2. Receipt of cash deposit for street lighting in the
amount of $984.00. -JAY/
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 80-32
AN ORDINANCE AMENDING ORDINANCE NO. 280
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Ordinance no. 280 is amended as follows:
Section 8.1A
Delete the present 8.1A
and substitute a new 8.1A as follows:
8.1A For Sanitary Sewer: as established by the
Metropolitan Waste Control Conmdssion
Section 8.1B
Delete the present 8.18
and substitue a new 8-.113 as follows:
8.18 1. For Sanitary Sewer $100 per R.E.C.
2. For Water $300 per R.E.C.
Section 8.2 is amended as follows:
A. Sanitary Sewer - $.80 per 1,000 gallons subject
to a minimum of 4,367 gallons per month per R.E.C.
B. Water - $.62 per 1,000 gallons subject to a
minimum of 5,667 gallons per month per R.E.C.
C. The minimum monthly use charge for uses other
than residential shall be the same as 1 R.E.C.
D. A residential equivalent connection (R.E.C.)
is one dwelling unit.
E. In addition to the charges in A,B,C and D above
each R.E.C. will be billed $2.96 each three months.
The ordinance was first read on December 2, 1980. The council had a
second reading on December 16, 1980.
Wilfgang H. Penzel, Mayor
John D. Franc, City Clerk SEAL
Published in the Eden Prairie News on
I.
Lake Idlewild
RAP
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 80-24
AN ORDINANCE RELATING TO ZONING AND AMENbING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as
follows: The property situated in the County of Hennepin, State of
Minnesota, described as follows:
As set forth in Exhibit A attached hereto and made a part hereof.
shall be and hereby is removed from the Rural District
and shall be included hereafter in the
Office District.
Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as
of , 19g0, between • Land'Sake, Inc., aMimesota corporation,
and the City of Eden Prairie, which Agreement is hereby made a part
hereof and shall further be subject to all of the ordinances, rules
and regulations of the City of Eden Prairie relating to the office
District.
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 Cif , 19g0, and
finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the
day of
, 1980..
41 ATTEST:
Wolfgang H. Penzel - Mayor
John D. Franc - City Clerk
PUBLISHED in the Eden Prairie News on the
day of
, 19BD.
2 6
Lake ldlewild Townoffices/First Phase
FOR REZONING TO OFFICE:
That part of Lots 21 and 19 Auditor's Subdivision number 335
and part of vacated County Road 2, all in Hennepin County,
Minnesota lying northerly of the northerly line of Eden
Road, as currently established, lying westerly of the west-
erly line of Highway 169-212, and lying southerly of the
easterly extension of the northerly line of R.L.S. #895.
EXHIBIT A
Lake Idlewild PUD 8.•
First Phase Rezoning
11/25/80
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made. and entered into as of - ' , by and
between LAND' SAKE INC., a Minnesota Corporation, hereinafter referred to
as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation hereinafter
referred to as "City",
WITNESSETH:
WHEREAS, Owner has applied to City for Planned Unit Development Concept
approval by amendment of the MCA PUD for development thereof and construction
thereon of office buildings and structures on approximately 6.7 acres, sit-
uated in Hennepin County, State of Minnesota, more fully described in Exhibit A I ,
attached hereto and made a part hereof, and hereafter referred to as "the
property",-and rezoning from Rural to Office of approximately 3.5 acres of the
property more fully described in Exhibit A 2 , attached hereto and made a part
hereof and hereafter referred to as "rezoned property", and
WHEREAS, Owner desires to develop and plat the rezoned property to construct
thereon buildings for office use.
NOW THEREFORE, in consideration of the City adopting Resolution No. 80-190
and Ordinance 80-24, Owner covenants and agrees to construction upon, develop-
ment, and maintenance of the property as follows:
1. Owner shall plat and develop the property in conformance
with the material dated July 25, 1980 reviewed and
approved by the City Council on October 7, 1980 and
attached hereto as Exhibit B subject to
such changes and modifications as provided herein.
Owner shall not develop, construct upon or maintain
the property in any other respect or manner than provided
herein.
2. Owner covenants and agrees to the performance and
observance by Owner at such times and in such
manner as provided therein of all of the terms,
covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part thereof.
Developer's Agreement-Lake Idlewild PUD &
First Phase Rezoning page 2
3. The westerly access of the property to and from '
W. 78th Street shall be relocated so as to provide
such access jointly with the lands abutting the
westerly line of the property.
4. Owner shall screen all roof top mechanical equipment.
5. Owner shall, prior to issuance of any permit to build
upon the rezoned property, submit to the City and
Watershed District for review and approval, a detailed
grading, storm sewer, and drainage plan ("the grading
plan"), for the rezoned property, a landscaping plan
including but not limited to: screening of parking from
public roads and adjacent land uses, and location and
type of pedestrian walkways within the rezoned property.
6. In implementation and amendment of and supplemental to
the Major Center Area PUD and as a variance from
the provisions of Ordinance 135, as amended, City
authorizes construction upon the property as follows:
A. The use of wood for up to 50% of building
exteriors.
B. Setbacks of,
1. 20 feet from the right-of-way U.S.
Highway 169-212 for parking areas.
2. 30 feet from the established outlet
elevation 853.5 of Lake ldlewild for
any building or parking area.
3. 10 feet from the right-of-way of
West 78th Street for any parking
area.
7. Owner shall construct, all buiTdings upon the property so that
all floor elevations shall be a minimum of 5.0 feet above the
proposed outlet elevation 853.5 (853.5 + 5.0 = 858.5) of
Lake Idlewild.
8. Platting of that part of the property not constituting rezoned
property, shall be subject and conditioned upon rezoning.
IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed as of the day and year aforesaid.
Developer's Agreement-Lake Idlewild PUD
First Phase Rezoning
page 3
CITY:
Wolfgang H. Penzel, Mayor
Roger K. Ulstid-,- City Manager
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of .
1980 by Wolfgang H. Penzel; the Mayor and Roger K. Ulstad,
the City Manager of the City of Eden Prairie, a municipal corporation
on behalf of the corporation.
am., to
Thomas W. Heiberg, .11 resident
STATE OF MINNESOTA
COUNTY OF HENNEPIN)
Th foregilzinstrument was acknowledged before me this day of
1980 by Thomas W. Heiberg, President of Land' Sa ke, Inc.,
a Minnesota Corporation.
/-
SS.
,29103
PARCEL I:
Tract A, Registered Land Survey No. 369, Files of the Registrar
dflitles, Hennepin County, Minnesota. • 0
PARCEL II:
Tract C. Registered Land Survey No. 1449, Files of the Registrar
of Titles, Hennepin County, Minnesota, except that part of said
Tract C embraced within Registered Land Survey No. 1473.
PARCEL III:
Lot 17, "Auditor's Subdivision No. 335; Hennepin County, Minnesota",
according to the plat thereof on file or of record in the office
of the Registrar of Titles in and for.Hennepin County, except that
part thereof embraced within Registered Land Survey No. 1473, Files
of the Registrar of Titles, Hennepin County, Minnesota. .
PARCEL IV.
All that part of Lot 16, "Auditor's Subdivision No. 335, Hennepin
County, Minnesota", lying Northerly of a line which is parallel
with and 34.40 feet South of the South line of Registered Land
Survey No. 369 and its extension East to the Northwesterly line of
U.S. Highway Nos. 169 and 212 and measured along the West line of
said Lot 16 and lying Northwesterly of a line run parallel with and
distant 40 feet northwesterly of Line 1 described below:
Line 1: Beginning at a point on the east and west quarter
line of Section 14, Township 116 North, Range 22
West, distant 2557.59 feet west of the east quarter
corner thereof; thence run northeasterly at an
angle of 45 degrees 57 minutes OD seconds from said
east and west quarter line (measured from east to
north) for 600 feet and there terminating;
according to the plat thereof on file or of record in the office
of the Registrar of Titles in and for Hennepin County, except
that part thereof embraced within Registered Land Survey No. 1473.
440 14
EXHIBIT A
Lake Idlewild Townoffices/First Phase.
FOR REZONING TO OFFICE:-•-
That part of Lots 21 and 19 Auditor's Subdivision number 335
and part of vacated County Road 2, all in Hennepin County,
. Minnesota lying northerly of the northerly line of Eden
Road, as' currently established, lying westerly of the west-
erly line of Highway 169-212, and lying southerly of the
easterly extension of the northerly line of R.L.S. #895.
. .
EXHIBIT A 2
2q(.5
CO WEST 78th ST. tirTri MIN CZ!, hill! 11'11 i P , , .4) • - . „IS I • • EU.141" • Is Y. :r..‹ ila°3 r OD 1n11. a< LIJ 7 r L. I. pn-qaci LAND BASED AREA/ 8.7 ACRES/291.850 TOTAL OFFICE AREA/64.0G0 S.F. - BUILDING COVERAGE/413,470 SF. S.F albAsnd acmp-s pllan TOTAL PARKIN0/355 STALLS PARKING AREA/101.300 S.F. TOTAL OPEN SPACE/144.080 S.F.. u PE! 1=--F1:51
IV.
DEVELO P .ER'S AGREEMENT
'EXHIBITC
.••.. page 1 of
•
_ .
I. Prior to release of .final plat, Owner shall submit to the City
Engineer for appr3val two copies of a development plan (1"=100' scale)
showing existing and proposed contours, proposed streets and lot •
arrangements and size, minimum floor elevations on each lot, preliminary
alignment and grades for sanitary sewer, watermain and storm sewer,
100 year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots,
location of walks, trails and any 'property to be deeded to the City.
Owner ihall -SUbmit'detailedibrisfriiction -and storm sewer
plans to the 'Riley-Purgatory Creek
Watershed District for review and approval.— . • _-
Owner shall follow all rules and recommendations of said
Watershed District.
Owner shall pay cash park fees as to all of the property required
by any ordinance .in effect as-of.the date .of the issuance of each - -
building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
$ 1,400 per acre. The amount to be paid by Owner shall be increased
or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
of. the issuance of any building_permit for construction on the
property.
Prior to the dedication, transfer or conveyance of any real
property or interest therein to the City as provided herein,
Owner shall deliver to the City an opinion addressed to the
City by an Attorney, and in a form , acceptable to City, as to
the condition of the title of such property or in lieu of a
title opinion, a title insurance policy insuring the condition '
of the property or interest therein in the City. The condition of
the title of. any real property or any interest therein to be
dedicated, transferred or conveyed as may be provided herein by
Owner to City shall vest in City good and marketable title,
therein free and clear of any mortgages, liens, encumbrances,
or assessments.
1 /
"AO
1/80
• Page 2 of 5 Exhibit C
V. 'A. All sanitary sewer, watermain and storm sewer facilities, concrete
curb, gutters; sidewalks and other public utilities ("improvements")
to be made and constructed on or within the property and dedicated
to the City shall be designed in compliance with City standards by
a registered professional engineer and submitted to the City Engin-
eer'for approval. All of the improvements shall be completed by
Owner 81 acceptable to the City Engineer and shall be free and clear
of any lien, claim, charge or encumbrance, including any for work,
labor or services rendered in connection therewith or material or
equipment supplied therefore on or before the later of, 2 years
from the date hereof or , 19 . Upon com-
pletion and acceptance, Owner warrants and guarantees the improve-
ments against any defect in materials or workmanship for a period
of two (2) years following said completion and acceptance. In
the event of any defect in materials or workmanship within ,_In
2 year period warranty and guarantee shall be for a period of three
(3) years following said completion and acceptance. Defects in
material or workmanship shall be determined by the City Engineer.
Acceptance of improvements by the City Engineer may be subject to
such conditions as he may impose at the time of acceptance. Owner,
through his engineer, shall provide for competent daily inspection
during the construction of all improvements. As-built drawings _
with service and valve ties on reproduceable mylar shall be deliver-
ed to the City Engineer within 60 days of completion thereof to-
gether•with a written statement from a registered engineer that all
improvements have been completed, inspected and tested in accordance
with City-approved plans and specifications. Prior to final plat
approval, or issuance of any building permit, if no final plat is
required. Owner shall:
Submit a bond or letter of credit which guarantees com-
pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this subparagraph V. A., including but not limited
to, a guarantee against defects in materials or work-
manship for a period of two (2) years following com-
pletion and acceptance of the improvements by the City
Engineer. The amount of the bond or letter of credit
shall be 125% of the estimated construction cost of -
said improvements, subject to reduction thereof to an
_amount equal to 25% of the cost of the improvements
.after acceptance thereof by the City Engineer, and re-
ceipt of as-built drawings. The bond or letter of '
credit shall be in such form and contain such other
provisions and terms as may be required by the City
Engineer. The Owner's registered engineer shall make
and submit for approval to the City Engineer a written
estimate of the costs of the improvements.
In lieu of the obligation imposed by subparagraph V.A. above, Owner
may submit a 100% petition signed by all owners of the property, re-
questing the City to install the improvements. Upon approval by the
City Council, the City may cause said improvements to be made and
special assessments for all costs for said improvements will be
levied on the property, except any property which is or shall be ded-
c2qt,s1C
Page 3 of 5 Exhibit C
icated to the public, over a five year period. Prior to the award
of any contract by the City for the construction of any improvements,
Owner shall have entered into a contract for rough grading cif
streets included in the improvements to a finished subgrade
elevation. Contractor's obligation with respect to the rough
grading work shall be secured by a bond or letter of credit which
shall guarantee completion, and payment for all labor and materials
expended in connection with the rough grading. The amount of the
bond mr, letter of credit shalL be i25% of the cost of_such.rough
grading and shall be in such form and contain such further terms -
as may be required by the City Engineer.
Prior to release of final plat, Owner shall pay to City fees for
• first two year street lighting (public streets) engineering re-
view and street signs.
VI. A. Owner shall remove all soil, and debris from, and clean, all streets
within, the property at least every two months, (or. within one week
from the date of any request by City), during the period commencing
May 1 and ending October-31, of each year,-until -such time as such - -
streets and improvements therein are accepted for ownership and
maintenance by City.
B. Within 20 days of installation of utilities and street curb in any
portion of the property (if said time occurs between May 1 and October
31 of any year) Owner-shall sod (secured with a minimum of-2 stakes ---
per roll of sod) that part of the property lying between said curb -
and a line 18 inches measured perpendicular with the curb or in
lieu of said sod, place a fiber blanket with seed approved by the
City (secured with stakes a maximum of 6 feet apart). Either sod
• or fiber must be placed upon a minimum of 4 inches of topsoil. The
• topsoil shall be level with the top of the curb at the curb line
and rise lin for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and grade
until such time as the streets and improvements in the property
are accepted for ownership and maintenance by City.
Owner shall also sod all drainage swales serving each 1.5 acres a
minimum distance of-6.feet on either side of the center of the swale.
C.. The bond of letter of credit provided in paragraph V A. hereof shall
also guarantee the performance of Owner's obligations under this
paragraph VI.
VII. Owner shall file this Agreement with the Register of Deeds or Register of
Titles and supply the City with a copy of this Agreement with information
as to Document Number and date and time of filing duly certified thereon
with 60 days from the date of this Agreement.
VIII. If Owner fails to proceed in accordance with this Agreement within 24 months
of the date hereof and provide proof of filing in accordance with item VII.
hereof, Owner for itself, its successors, and assigns shall not oppose re-
zoning of said property to Rural and the PUD Concept approval granted by the
adoption of Res.80-190 shall be void and of no force or effort, unless an
extension is requested by Owner and approved by City.
,2)*)
Page 4 of 5 Exhibit C
IX. Provisions of this Agreement shall be binding upon and enforceable
•
against Owner, its successors, and assigns of the property herein described.
X. Owner represents and warrants it owns fee title to the property free
and clear of mortgages, liens and other encombrances, except: purchase
agreement with fee owner to purchase property on Contract for Deed.
XI. In the event there are or will be constructed on the property, 2 or more
streets,_and if permanent street signs have not been installed, Owner
shall install temporary street signs in accordance with recommendations
of the City Building Department, prior to the issuance of any permit to
build upon the property.
XII. All improvements including grading, seeding, planting, landscaping,
equiping, and constructing of any structure to or upon any of the
property or other lands to be conveyed or dedicated to the City or
for which an easement is to be given to the City for park or other
recreational purposes, shall be completed by Owner and acceptable to the
Director of Community Services and shall be free and clear of any lien,
claim; change,- or encumbrance, including any for work, labor, or services
rendered in connection therewith or material or equipment supplied
therefore on or before the later of, 2 years from the date hereof of
, 19 . Upon comments against any defect in materials
or workmanship for a period of two (2) years following said completion
and acceptance. In the event of any defect in materials or workmanship
within said 2 year period the warranty and guarantee shall be for a
period of three (3) years following said completion and acceptance.
Defects in materials or workmanships shall be determined by the Director
of Community Services. Acceptance of improvements by the Director
of Community. Services may be subject to such conditions as he may impose
at the time of acceptance. Owner, through his engineer, shall provide
for compenent daily inspection during the construction of all improvements.
Prior to final plat approval, or issuance of any building permit, if no
final plat is required, Owner shall:
Submit a bond or letter of credit which guarantees com-
pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this subparagraph V.A., including but not limited
to, a guarantee against defects in materials or workman-
ship for a period of two (2) years following completion
and the extension of the period to three (3) years in the
event of any defect during -said 2 year period, and accept-
ance of the improvements by the Director of Community
Services shall be 125% of the estimated construction cost
of siad improvements, subject to reduction thereof to an
amount equal to 25% of the cost of the improvements after
acceptance thereof by the Director of Community Services.
The bond or letter of credit shall be in such form and
contain such other provisions and terms as may be required
by the Director of Community Services. The Owner's registered
engineer shall make and submit for approval to the Director
of Community Services a written estimate of the costs of
the improvements.
(2q20
1/80
9/10/80
Page 5 of 5 Exhibit C
XIII. Owner acknowledges that the fights of City to performagce -of obligations
of.owner contemplated in this agreement are special, unique and of an
extraordinary character; and that in the event that owner violates or
fails or refuses to perform any covenant, condition or provision made
by him herein, City may be without an adequate remedy at law. Owner
agrees, therefore, that in the event he violates, fails or refuses to
perform any covenant, condition or provision made herein, City may,
at its option, institute and prosecute an action to specifically en-
force performance of such covenant. No remedy conferred in this agre-
ement is intended to be exclusive and each shall be cumulative and shall
be in addition to every other remedy. The election of any one or more
remedies shall not constitute a waiver of any other remedy. -
XIV. Any term of this agreement that is illegal or unenforceable at law or
In equity shall be deemed to be viod and of no forte and effect to the
extent necessary to bring such term within the provisions of any such
applicable law or laws, and such terms as so modified and the balance
of the terms of this agreement shall be fully enforceable.
Cr)
MEMORANDUM
TO: Mayor and City Council
THRU:
Roger K. Ulstad, City Manager
FROM:
Bob Lambert, Director of Community Services (at--
DATE:
December 11, 1980
SUBJECT: Setting Date for First Reading of Park Use Ordinance
The Parks, Recreation and Natural Resources Commission and the City
Council have approved the language of Ordinance #080-21 an ordinance
governing parks under the jurisdiction of the City of Eden Prairie.
The City Council has requested that prior to first reading of this
ordinance that it be published in the HAPPENINGS; furthermore, that
the date of the first reading of this ordinance also be published
in the HAPPENINGS.
This ordinance will be published in the HAPPENINGS issue that is
distributed in Janaury of 1981 and staff requests the City Council
set Febraury 10, 1981 as the date for the first reading of this
ordinance.
BL:md
A g
CITY OF EDEN PRAIRIE .
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 80-237
A RESOLUTION APPROVING FINAL PLAT
OF PRAIRIE LAKES BUSINESS PARK
WHEREAS, the plat of PRAIRIE LAKES BUSINESS PARK has been sub-
mitted in the manner required for platting land under the Eden Prairie Ordinance
Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been
duly had thereunder, and
WHEREAS; said plat is in all respects consistent with the City plan and
the regulations and requirements of the laws of the State of Minnesota and ordin-
ances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
A. Plat Approval Request for Prairie Lakes Business Park is appT
upon compliance with the recommendation of the City Engineer's
Report on this plat dated December 10, 1980.
B. Variance is herein granted from City Ordinance No. 93, Sec. 8,
Subd. I waiving the six month maximum time elapse between the
approval date of the preliminary plat and filing of the final
plat as described in said Engineer's Report.
C. That the City Clerk is hereby directed to file a certified copy ef
this resolution in the office of the Register of Deed and/or Regis-
trar of Titles for thier use as required by NSA 462.358, Subd. 3.
D. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
plat.
E. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
JETTIL Frane, Clerk
/ 7 3
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and City Council Members
Roger Ulstad, City Manager
Carl Jullie, City Engineer
December 10, 1980
Prairie Lakes Business Park
PROPOSAL: The developer, Hartford Real Estate Company, is requesting
City Council approval of the final plat of Prairie Lakes
Business Park. This is a replat of R.L.S. 1509 which was
approved to eliminate the lengthy meets and bounds descrip-
tion necessary for the property conveyance and sales.
The final plat submitted conforms with the approved
preliminary plat.
HISTORY: The preliminary plat was approved on May 15, 1979 by the
City Council per Resolution #79-92.
R.L.S. 1509, as previously explained, was approved by the
City Council on June 19, 1979.
Zoning to C-Reg-Ser. was finally read and approved by the
City Council on July 3, 1979 per Ordinance #79-12.
The Developer's Agreement referred to within this report was
executed on July 3, 1979.
VARIANCES ': Variances other than those allowed through the Developer's
Agreement must be processed through the Board of Appeals.
UTILITIES &
STREETS:
PARK
DEDICATION:
The requirements for the installation of utilities and streets
are covered in the Developer's Agreement.
The street names Prairie Lake View Drive and Ingleside Drive
may conflict with the existing names Prairie View Drive and
Englewood Drive. Unless otherwise directed by the Council,
we will require the developer to choose different street
names which, in our opinion, do not conflict with existing names.
The requirements for park dedication are covered in the
Developer's Agreement.
Lot 1, Block 1 is required through the Developer's Agreement
to be considered a scenic area. Building permits will not
be allowed for this lot. This lot will be covered by an
easement document in favor of the City. Future ownership
of this lot should be decided prior to release of the final plat.
,273
Pg. 2 Final Plat of Prairie Lakes Business Park
BONDING: The requirements for bonding are covered in the Developer's
Agreement.
RECOMMENDATION: Recommend approval of the final plat of Prairie Lakes Business
Park subject to the requirements of this report, the
Developer's Agreement and the following:
1. An agreement, acceptable to the City Engineer, to
cover the installation, maintenance and ownership
of street lighting. If the City's normal method
of installation, operation and maintenance are
used the required cash deposit would be $3,425.80.
2. Receipt of fee for City Engineering Services in the
amount of $2080.
z17.3 6
MEMORANDUM
TO: Mayor and City Council
THRU: Roger K. Ulstad, City Manager
FROM: Richard F. Rosow, City Attorney's Office
DATE: December 11, 1980
SUBJ: Proposed Cable Communications Ordinance
The first reading of the above-entitled Ordinance will take
place on December 16, 1980. At this time, there will also be a
public hearing in order to enable the Council to make the findings
that are set forth in the Ordinance. The Ordinance has been care-
fully reviewed by the City Attorney's office and is in a form
acceptable for adoption by the Council. As the document is close
to 100 pages in length, it has not been included in your Council
packet, but copies of the Ordinance will be available for the Mayor
and each council person at the time of the meeting. Enclosed with
this Memorandum are the following documents:
1. 'A copy of the signed "Offering of Grantee" of
Minnesota Cablesystems-Southwest, a Minnesota
Limited Partnership. The Southwest Suburban
Cable Communications Commission recommended that
the Franchise be awarded to Minnesota Cahlesystems-
Southwest. The documents which comprise the
Offering set forth the cable communications
system that Minnesota Cablesystems-Southwest has
offered to the five cities of the southwest area
and which is incorporated into the Franchise
Ordinance.
2. The resolutions of Findings of Fact, Conclusions
and Recommendations of the SWSCC, which support
its recommendation of Minnesota Cablesystems-
Southwest as the proposed Grantee of the Franchise.
3. Proposed statements to be read by the Mayor,
Manager and City Attorney as a part of the public
hearing.
297i/
In regard to the proposed statements, the attorneys for the
e five cities, Eden Prairie, Edina, Hopkins, Minnetonka and Richfield,
have prepared a suggested format to be followed for all the public
hearings. The proposed statement for the Mayor sets forth that
procedure. The Manager's Statement explains the process the SWSCC
has gone through and the City Attorney's Statement summarizes the
relevant features of the Ordinance.
The First reading of the Eden Prairie Ordinance is being held
in conjunction with the first reading of the Ordinances for the other
four cities. The City of Richfield held its first reading on Monday,
December 15, and pursuant to its internal procedures authorized by
5-0 vote, the publication of the Ordinance as required by its City
Charter prior to the second reading and final adoption. The cities
of Edina and Minnetonka will be holding their first readings and
public hearings on December 15, and the City of Hopkins on December 16.
Richfield's public hearing will be held at its second reading on
December 22.
Although Richfield has not yet held its public hearing, the
cable companies which applied for the Franchise were allowed exten-
sive time to present comment at Richfield's first reading. I believe
it might be helpful for you to know the nature of the issues raised
by Teleprompter and Northern at that meeting.
1. UNDERGROUNDING. The argument is presented by Teleprompter
that only they correctly set forth the number of miles of underground-
log of cable that will be required. Teleprompter contends that both
Minnesota Cablesystems and Northern underestimated the amount of
undergrounding and accordingly were able to offer lower rates in
their proposal. The Ordinance requires, on page 31, however, that
-2-
the Grantee shall construct underground in any area where another
line, either electrical or telephone, has been installed underground.
2. CHANNEL 5 AND CHANNEL 6. Hubbard Broadcasting Company
has submitted a letter to the SWSCC contending that Minnesota Cable-
systems proposed system will interfere with reception of its broad-
cast. This issue is dealt with in the Ordinance on pages 13 and 14.
The ordinance requires that the Grantee install and maintain a system
that will not interfere with reception by any subscriber of local
broadcast stations. In addition, the Ordinance requires that the
Grantee fully comply with all FCC rules and regulations.
3. DELAYING ADOPTION. At the Richfield hearing, Teleprompter
requested that the City table the Ordinance because Teleprompter had
only just received it and the document was too long and complicated to
comprehend. The speaker also stated he believed there were many prob-
lems with the Ordinance. The Ordinance presented, however, is an
10 integration of the preliminary Ordinance, approved in June of 1980,
and the Proposal of Minnesota Cablesystems. All the cable companies
had ample opportunity to become familiar with the preliminary Ordinance
in the process of compiling their proposals. It has also been obvious
from the number of public hearings held since the applications were
submitted, that each company is fully familiar with the proposals
of its competitors. Neither this office, the attorney for theSWSCC,
or the attorneys for the other four cities believe there are any
serious problems with the Ordinance as presented.
4. SUBSTANTIVE CHANGES. Teleprompter raised as an issue
before the SWSCC that Minnesota Cablesystems had made substantive
changes to its proposal after the date of its submission. Teleprompter
41 has attempted to equate the granting of a Franchise with the letting
of contracts and all the requirements that are inherent in the com-
petitive bidding process. The attorneys for the five cities have
-3- 237(/
always taken the position that the granting of the Franchise is not
subject to the municipal contracting law, since the franchising
process is governed by a specific statutory procedure set forth in
Minnesota statutes Chapter 238. That chapter is silent on the
question of whether changes may be made in an application after its
submission. In spite of that, however, we have been careful in the
drafting process to assure that changes were not allowed in the
Grantee's proposal.
5. FINDINGS OF FACT. The SWSCC prepared and adopted Findings
of Fact supporting its selection of Minnesota Cablesystems as the
Grantee for each of the five Franchises. At the Richfield meeting,
representatives of Northern and Teleprompter presented to the Council
their own proposed Findings of Fact supporting the selection of their
company as the Grantee. I would expect that these proposed Findings
would be presented to you at the meeting on the 16th as each company
makes its presentation.
It has not been uncommon for one or another of the cable
companies to have a court reporter present at the meetings of the
SWSCC in order to preserve a record of the hearing, and I would not
be surprised if a court reporter was present for that purpose on
the evening of the 16th. The purpose of this public hearing is for
you to receive information regarding the proposed Ordinance and not
to be a forum for the cable companies to question the Council regardi
n
g
the terms and provisions of the proposed Ordinance or the application
of the recommended Grantee. In adopting the OrdinanCe, you are actin
g
in a legislative capacity and I recommend that you adopt the approach
.
that all infoirvIlion received will be consiclored in making your
decision.
41 I hope that the above information, as well as the materials
in your packet, will help you in conducting the public hearing and
understanding the issues to be presented to you.
-5-
Cr1.7
STATEMENT FOR. MAYOR
MEETING ON CATV FRANCHISE ORDINANCE
THIS MEETING IS TO CONSIDER ADOPTION BY THE CITY
OF OF AN ORDINANCE GRANTING A CABLE TELEVISION
SYSTEM FRANCHISE TO MINNESOTA CABLESYSTEMS - SOUTHWEST, A
MINNESOTA LIMITED PARTNERSHIP, AND OF CERTAIN FINDINGS RE-
QUIRED TO BE MADE BY THE CITY IN CONNECTION WITH THE FRANCHISE
GRANT.
EDINA, RICHFIELD, EDEN PRAIRIE, HOPKINS
AND MINNETONKA, HAVE BEEN WORKING TOGETHER TO ACHIEVE A SIMILAR
FRANCHISE TO BE GRANTED TO ONE FRANCHISEE.
THE FIVE CITIES HAVE DESIGNED AND IMPLEMENTED A
FRANCHISE PROCESS DIVIDED INTO TWO PHASES. THE FIRST PHASE
INVOLVED THE PARTICIPATION OF ALL FIVE CITIES THROUGH THEIR
REPRESENTATIVES ON THE SOUTHWEST SUBURBAN CABLE COMMISSION.
THE COMMISSION'S JOB WAS TO PREPARE INVITATIONS TO CABLE
COMPANIES, DRAFT A PRELIMINARY FRANCHISE ORDINANCE AND OTHER
RELATED DOCUMENTS, RECEIVE AND EVALUATE THE PROPOSALS, HIRE
CABLE CONSULTANTS TO ASSIST THE EVALUATIONS, CONDUCT PUBLIC
HEARINGS, AND, FINALLY, MAKE A RECOMMENDATION TO THE FIVE
CITIES.
THE COMMISSION HAS NOW COMPLETED ITS WORK AND HAS
RECOMMENDED TO THE FIVE CITIES THAT EACH GRANT A FRANCHISE
TO MINNESOTA CABLESYSTEMS - SOUTHWEST.
LEGALLY EACH CITY IS THE FRANCHISING AUTHORITY AND
THEY ARE NOT BOUND BY THE RECOMMENDATION OF THE COMMISSION.
Page Two
HOWEVER, IT WAS THE EXPECTATION FROM THE OUTSET THAT IT
WOULD BE ADVANTAGEOUS TO THE FIVE CITIES TO ATTEMPT TO ARRIVE
AT A COMMON FRANCHISE WITH ONE COMPANY FOR ALL FIVE CITIES.
ALSO, ALL COMPANIES WHICH APPLIED FOR THE FRANCHISE URGED THE
COMMISSION TO FOLLOW THIS PROCESS. THEREFORE, EACH INDIVIDUAL
CITY SHOULD GIVE CAREFUL CONSIDERATION TO THE RECOMMENDATION OF
THE COMMISSION.
WE ARE NOW IN THE SECOND PHASE. DURING THIS PHASE
EACH CITY WILL GIVE SEPARATE CONSIDERATION TO THE PROPOSALS,
THE CONSULTANT REPORTS, AND INFORMATION AND COMMENTS GIVEN BY
INTERESTED PERSONS, AND, FINALLY, WILL CONSIDER ADOPTION OF THE
FRANCHISE ITSELF.
IT IS IMPORTANT TO STRESS THAT THE OVERALL PROCESS
THROUGH BOTH PHASES HAS BEEN UNIFIED AND CONTINUOUS. PROCEEDINGS
BEFORE THE COMMISSION HAVE ALTERNATED WITH PROCEEDINGS BEFORE
THE SEPARATE CITY COUNCILS. MEMBERS OF THIS CITY COUNCIL HAVE
ATTENDED NUMEROUS HEARINGS AND MEETINGS OF THE COMMISSION AS
WELL AS MEETINGS OF THIS CITY COUNCIL RELATIVE TO THE FRAN-
CHISE.
IT IS THE PURPOSE OF THIS MEETING TO PROCEED TOWARD
COMPLETION OF THE SECOND PHASE BY CONSIDERING ADOPTION OF AN
ORDINANCE GRANTING A CABLE TELEVISION SYSTEM FRANCHISE TO
MINNESOTA CABLESYSTEMS - SOUTHWEST, THE APPLICANT RECOMMENDED
BY THE COMMISSION.
WE ANTICIPATE THAT A NUMBER OF PEOPLE MAY WISH TO
SPEAK TONIGHT. THEREFORE, TO FULFILL THE PURPOSE OF THIS
• Page Three
MEETING AND TO GIVE AS MANY PERSONS AS POSSIBLE A CHANCE TO
SPEAK, THE FOLLOWING PROCESS WILL BE USED:
FIRST, THE CLERK WILL READ THE ORDINANCE;
SECOND, THE CITY MANAGER WILL REVIEW THE HISTORY OF
THE FRANCHISING PROCESS IN THIS AND THE OTHER FOUR CITIES;
THIRD, THE CITY ATTORNEY WILL SUMMARIZE THE ORDINANCE;
FOURTH, THE COMMISSION'S CABLE CONSULTANT WILL COM-
MENT ON MINNESOTA CABLESYSTEMS - SOUTHWEST'S TECHNICAL ABILITY,
FINANCIAL CONDITION, LEGAL QUALIFICATIONS AND CHARACTER, AND
WHETHER MINNESOTA CABLESYSTEMS - SOUTHWEST'S PLANS FOR CON-
STRUCTING AND OPERATING THE CABLE SYSTEM IN THE CITY ARE ADE-
QUATE AND FEASIBLE;
FIFTH, MINNESOTA CABLESYSTEMS - SOUTHWEST MAY MAKE A
STATEMENT IF IT WISHES.
THEN I PRESUME THAT NORTHERN CABLEVISION AND TELEPROMPTER
WILL ALSO WISH TO SPEAK. THIS COUNCIL HAS HAD TWO MEETINGS ALREADY
ON CABLE TELEVISION, ONE SEPARATELY AND ONE JOINTLY WITH THE
OTHER FOUR CITIES. AT BOTH MEETINGS ALL THREE COMPANIES SPOKE.
ALSO, THE COUNCIL HAS RECEIVED CONSIDERABLE INFORMATION FROM
ALL COMPANIES AND THE COMMISSION. THEREFORE, LENGTHY STATEMENTS
SHOULD NOT BE NECESSARY. [Here the Mayor should ask represen-
tatives of the three companies if they wish to speak. If they
do, he should ask how long they expected to speak. If reasonable
• Page Four
. (1/2 hour or less), accept that time committed and try and
hold them to it. If not reasonable, advise them of the de-
sire of others also to speak and request a shorter time.]
AFTER THE COMPANIES ARE FINISHED, OTHERS WHO WISH
TO SPEAK MAY DO SO.
EACH SPEAKER SHOULD USE THE MICROPHONE AND GIVE
HIS OR HER NAME AND ADDRESS. PLEASE AVOID DUPLICATIVE
STATEMENTS AND LIMIT STATEMENTS TO NOT MORE THAN FIVE MINUTES.
ANYONE WISHING TO MAKE A WRITTEN STATEMENT PART OF
THIS HEARING RECORD MAY DO SO BY GIVING IT TO THE CLERK AT
THE END OF THE HEARING.
TWO READINGS OF THE ORDINANCE AT TWO SEPARATE MEETINGS
ARE REQUIRED FOR ITS ADOPTION. ONE WILL BE AT TONIGHT'S MEETING
AND THE OTHER WILL BE AT A MEETING TO BE HELD ON January 6
1981, at 7:30P.M. AT THE CITY HALL. HOWEVER, ALL TESTIMONY
WILL BE RECEIVED AT TONIGHT'S MEETING; NO FURTHER OR ADDITIONAL
TESTIMONY WILL BE RECEIVED AT THE SECOND MEETING.
WITH THAT PROCESS AND GUIDELINES IN MIND, WILL THE
CLERK PLEASE READ THE ORDINANCE.
END OF STATEMENT
czi ra
MANAGER'S STATEMENT
Mr. Mayor, members of the City Council, let me just briefly
review for you the background of the process that has been followed
to bring this Ordinance to you.
As you know, our City, together with four other cities, has
joined together in the franchising process to bring about the
development of a joint cable communications system. The history of
this whole process is quite extensive. The Joint Cable Communica-
tions Program that we entered into started in 1972 when our City,
together with the four other communities involved in the process,
entered into a Joint Powers Agreement. Since that time, the South-
west Suburban Cable Commission was established. The Commission
included members of this City Council, as well as your City Manager.
Numerous studies were done by that Commission as the years went by,
including evaluation of various kinds of cable systems, review of the
industry itself, review of the standards that were developed by the
State Cable Board and the Federal Communications Commission, and
various on-Site visits of existing cable systems. In June of 1979,
the Commission embarked upon the franchising process. It first
hired a cable consultant, Ms. Anita Benda, and the Cable Television
Information Center,&an attorney for the Commission, Mr. Adrian Herbst.
The cable consultant helped the Commission to develop various design
criteria for the cable system in conjunction with the needs as
expressed by the Advisory Commissions of the Cities and the individual
City Councils. In the spring of 1980, an Invitation for Applications
was reviewed and authorized by this City together with a Preliminary
Ordinance. After that, the Commission with the consent of the cities,
proceeded to obtain proposals from various cable television companies,
4
who were interested in developing this Joint Cable System. The
0 proposals of three companies were submitted to the Southwest Commis-
sion on June 16, 1980. At that time, the companies had an opportunity
to speak to the Commission. In addition, the Southwest Commission
held another meeting on June 18, 1980, for the purpose of ensuring
that all of the proposals were in accordance with the Invitation for
Applications, and to allow each company opportunity to further comment
about the proposals and the others that had been submitted. After
that, more formal proceedings were held pursuant to the requirements
of the Minnesota Cable Board.
In particular, the individual City Councils conducted separate
hearings. The meeting of Edina was held on August 18, 1980, Hopkins
was held on August 19, 1980, Minnetonka was held on August 25, 1980
as was the meeting of the City of Richfield. The City of Eden
Prairie held their meeting on September 2, 1980. At each of the
City Council meetings, representatives of all three cable companies
were present and gave oral presentations. Additionally, members of
the public gave oral presentations. The Southwest Commission received
minutes of each of the separate City Council meetings. The Commission
held an additional public meeting for the purpose of allowing the
companies to make their presentations orally before the Southwest
Commission, at which the members of the City Council and other
interested persons had an opportunity to be present. This was held
at a school in the City of Edina, on September 22, 1980.
The cable television consultant and Anita Benda then prepared
a preliminary report with regard to the evaluation that they had
( done and these were submitted to the Southwest Commission and to the
various cable companies. All of the cable companies were given the
-2- 2:1M
opportunity to submit written responses to the preliminary report of
the cable consultants, and they did do so. A final report was then
prepared by the cable consultants . and this, in addition to the
Minutes of the City Council meetings and other materials that had
been received by the Southwest Commission, was delivered to the
members of the Southwest Commission for their review and consideration.
At the meeting of the Southwest Commission, on October 22, 1980, each
company was given a further opportunity to address the Commission.
Additionally, members of the public and other interested groups had
a similar opportunity to meet with and make presentations or statements
to the Commission. The Commission then closed the meeting to public
testimony, and after discussion instructed its attorney to prepare a
set of findings supporting a recommendation that Minnesota Cablesystems
be awarded the Franchises. In addition, the attorney was instructed
to prepare a draft Ordinance to incorporate the salient features of
the proposal of Minnesota Cablesystems, and to bring this back before
the Southwest Commission for a meeting to be held on November 12. On
November 12, 1980, the Southwest Commission again met and reviewed
and adopted a set of findings recommending Minnesota Cablesystems as
the Franchisee, and a draft of an Ordinance to be submitted to the
cities for their review. At the meeting of November 12, the Commission
determined that it would not re-open to public testimony any further
matters, as it was determined that they had a complete record in
the proceedings. Representatives of Northern and Teleprompter then
indicated as a result of that ruling that they would present their
viewpoints to the individual City Councils.
Since November 12, the City attorneys have worked with the attorney
for the Cable Commission and the attorneys for Minnesota Cablesystems
for the purpose of finalizing the Ordinance that will be considered
-3-
by you. The Ordinance incorporates the various features of the
proposal of Minnesota Cablesystems and is in a form that, I understand,
satisfies the needs of the individual cities.
I have outlined the process and the background of this matter in
a great amount of detail. The reason I have done so is because I
firmly believe, as a manager of your community, and one who has served
on the Southwest Cable Commission, that everything possible has been
done to make the procedure fair and open and to give every company an
equal opportunity to present their viewpoints about their proposal.
The Findings, as adopted by the Southwest Commission on November .12,
1980, were adopted unanimously by all member cities. I believe that
all the requirements of the Minnesota Cable Board have been followed
and that the Ordinance that has been presented to you is in a form
that can be adopted by you. Further, I do believe that the selection
that has been made by the Southwest Commission and recommended to
you is a good one, and I do recommend that you accept that recommenda-
tion and award the Franchise to Minnesota Cablesystems. Thank you.
STATEMENT OF CITY ATTORNEY
Since October, 1979, in cooperation with the city attorneys
for (Edina, Eden Prairie, Hopkins, Minnetonka, and Richfield) and
the attorney for the Southwest Suburban Cable Commission (SWSCC), I
have been involved in the drafting of the Franchise that is before
you tonight.
In October of 1579, the attorney for the SWSCC, Adrian Herbst,
forwarded to all the city attorneys a "Master Ordinance for a Joint
Cable Communications System for the Cities of Eden Prairie, Edina,
Hopkins, Minnetonka and Richfield." This first stage of review
resulted in a change of concept. Instead of granting one Franchise
for a joint cable communication system for the five cities, we thought
it more appropriate that each city grant a separate Franchise to the
same Company. This process of revision involved consideration by
the city attorneys of six subsequent drafts of the Franchise ordinance,
culminating with a Preliminary Franchise Ordinance. The preliminary
Ordinance was approved by the SWSCC and the City, in conjunction with
the approval of the invitation for applications.
On November 12, 1980, the SWSCC recommended that the five fran-
chises should be granted to Minnesota Cablesystems-Southwest, a Minnesota
limited partnership. Following that recommendation, the attorney for
the SWSCC presented to the city attorneys a draft of the ordinance
which incorporated provisions of the Offering of Minnesota Cablesystems
into the preliminary Ordinance previously approved. In this stage
of review, four separate drafts of the ordinance have been circ-
ulated. The city attorneys have met numerous times among themselves,
with Adrian Herbst, and with the attorneys and representatives of
Minnesota Cablesystems in order to assure that the Offering is
accurately incorporated into the Franchise document and to insure
compliance with the rules of the MCCB. In addition, the Ordinance
has twice been submitted to the staff of the Minnesota Cable
Communications Board for review and comment, once for review of the
preliminary Ordinance and then again for review of the Franchise as
it incorporates the provisions of the Grantee's Offering.
./.k7
The integration of the Offering of the Grantee into the pre-
liminary Ordinance has involved numerous hours of study and drafting
to insure that the Offering remained as proposed by the Grantee, and
that the obligations imposed upon it by the preliminary Franchise
remained intact.
This lengthy and careful process was undertaken to insure that
the Ordinance not only serves the best interest of the City and its
citizens, but to see that it complies with all relevant laws and
regulations.
In addition, the city attorneys have received and reviewed
correspondence from the applicants for the Franchise and other
interested parties.
My primary purpose tonight is to set forth an over-view of the
Franchise and to highlight its more important features.
Attached to the Ordinance and made a part of it are Exhibits A
and B. Exhibit A is a map showing the initial service area and the
construction year phases. Exhibit B is a summary of the Grantee's rates.
The preamble to the Ordinance, following the Statement of
Intent and Purposes, sets forth the four findings that this Council
was required to make in conjunction with the hearing held
1980. Those findings are as follows: [nsiga BFARIONG DATE]
1. The Grantee's technical ability, financial condition,
legal qualification and character were considered and
approved;
2.. The Grantee's plans for constructing and operating the
system were considered and found adequate and feasible;
3. The Franchise complies with existing applicable
Minnesota statutes and regulations and franchise
standards of the MCCB; and
4. The Franchise is non-exclusive.
ARTICLE I
Article I states that the Ordinance shall be cited as "Cable
Communications Ordinance". The article also provides the definitions
of words and phrases used throughout the Franchise.
ARTICLE II
Article II governs granting the Franchise. The Franchise is
granted upon acceptance by the Grantee. The Grantee is required to
accept the Franchise in the following manner:
1. Execute the Franchise document itself;
W277
2. Deposit a non-refundable acceptance fee of $20,000.00,
plus any costs of the City in excess of that;
3. Deliver a $50,000.00 letter of credit; a $300,000.00
bond; and a guarantee by the parent corporations of
the general partner of faithful performance of the
Franchise.
4. Tender public liability insurance policies setting
forth coverage as specified in the Franchise;
5. Submit an opinion of its attorneys certifying that
the company has the power and the right to accept the
Franchise; and
6. Execute an Acceptance Agreement binding the Grantee
to perform the Franchise in accordance with its
"Offering".
The basic grant of authority from the City to the Grantee is a
grant by the City to use City streets to erect, construct, operate
and maintain the system. In return for this grant, the Grantee agrees
to provide all the services set forth in its Offering and to pay to
the City each year a Franchise fee of 5% of all gross revenues derived
from operation of the system in the City. After accepting the Franchise,
the Grantee must apply for and receive a Certificate of Confirmation
from the Minnesota Cable Communications Board (MCCD) before it begins
to construct and operate the system.
The Franchise is for a term of 15 years from the date of
acceptance by the Grantee.
ARTICLE III, DESIGN OF THE SYSTEM
The Franchise requires the Grantee to provide two integrated
networks - a subscriber network of 54 video channels, plus FM channels,
and an institutional network with a combined total of 472 channels
with full two-way capacity. The subscriber network designates channel
12 as an emergency channel to be operated by the City and provides for
an emergency alert override system permitting the interruption by the
City of all programming. All subscribers will receive at least seven
(7) channels which are reserved for access use by the public, govern-
mental agencies, and educational institutions. One of these channels
is channel 6, which must be designated and reserved for the state-
required regional channel.
ARTICLE IV, SERVICE AND PROGRAMMING
Service in the subscriber network is structured in three tiers:
1. The Universal Service Tier, provides seven access channels
without monthly cost, as well as the capability to receive
six local broadcast stations that can be received without
cable.
NIA
•Th
2. The Family Service Tier, provides the seven access
channels, plus 14 video channels and FM reception; and
3. The Full Service Tier, which provides a total of
54 channels, and includes a sub-tier which offers
two-way capability.
The Franchise requires the Grantee to devote extensive resources,
including the allocation of approximately 22 staff persons, across the
entire five city area, to the development and programming of the local
channels. The community access and programming obligations of the
Grantee require that it:
1. Identify community access needs;
2. Train and consult with interested residents of the
City in the use of access equipment; and
3. Promote the availability and uses of community
access.
A detailed procedure is also set forth in the Franchise for the
handling of subscriber complaints. Basically, such complaint must be
investigated within 24 hours and if a subscriber complaint is not
rectified within three days, the complaint may then be filed with
the City. If the City determines that a complaint represents a
violation of the Franchise, the City may order the Grantee to appear
before the Council meeting to explain its failure to rectify the
complaint and to show cause why the Council should not institute
default proceedings.
ARTICLE v, CONSTRUCTION
The Franchise requires the Grantee to make service available
to all residences situated in residentially-zoned areas (including
areas designed as planned unit developments). This area is referred
to as the initial service area. The initial service area is to be
developed in two phases, designated year one and year two as shown
on the map attached as Exhibit A to the Ordinance. Construction
of the system in the initial service area must be completed within
18 months after the Grantee receives the Certificate of Confirmation
from the MCCB. Extension of service, referred to as Line Extension
Policy, to areas not in the initial service area, must be'provided
by the Grantee based on its cost of time and material.
Extensive provisions are included for insuring that the Grantee's
construction complies with all state and city codes and that all city
property disturbed by construction is restored in a manner satisfactory
07'390
to the City. The Grantee is required to construct its line underground
in any area where another line, either electrical or telephone, is
underground and to change from aerial to underground construction
upon request by and without cost to the City.
ARTICLE VI, SYSTEM OPERATIONS
The Grantee is required to maintain books and records available
for inspection and must file specified reports at the time of the
payment to City of its annual Franchise fee. If the Grantee enters
into service contracts with subscribers, the form and content of
such contracts must be approved by the City.
The subscriber rates set forth in the Offering have been
guaranteed for a period of two years following the grant of the
Franchise or until construction of the system is completed, whichever
is longer.
Rate changes are subject to City approval and may be granted
only after a public hearing. The City may employ a rate consultant
to advise and assist it in this process, and the Grantee is required
to pay all the City's costs incurred in the rate-making process.
The City has, in addition, retained the right to review the
Grantee's performance, to require evaluation sessions, to have the
company perform tests of the system's performance, and to require
the Grantee to modify the system.
ARTICLE VIII, INDEMNIFICATION
The Grantee is required to indemnify the City for all claims
and liability incurred by the City in connection with the following:
1. Damage to personal property arising out of the
Grantee's or City's acts or omissions;
2. Invasion of privacy, defamation, infringement of
copyright or any other violation of the rights of
any person;
3. The Grantee's failure to comply with any law.
4. Any loss Grantee suffers on account of damage to
its property, loss of income, loss of reputation
or any other consequential damage resulting from
acts or omissions of the City.
.29q
In addition, public liability insurance must be provided in
amounts specified in the Franchise as well as the $50,000.00 letter
of credit and the $300,000.00 bond.
The letter of credit serves as the primary source of payment
for various penalties the City may assess or certain costs the
City may incur on account of any failure of the Grantee to comply
with the provisions of the Franchise, including the following:
1. Failure to complete construction of the system -
the penalty is $200.00 per day;
2. Failure to provide required information and reports -
$50.00 per day;
3. Failure to test the system as requested by City -
$50.00 per day;
4. Failure to modify the system as required - $200.00
per day;
5. Failure to comply with construction standards -
$200.00 per day;
6. Failure to provide service specified in the Offering -
$100.00 per day.
The Grantee is also required to post a $300,000.00 bond naming
the City as obligee and conditioned upon the faithful performance by
the Grantee of the Franchise and also upon the condition that should
the Grantee fail to comply with any law, ordinance or regulation,
that there be recoverable from the Grantee and its surety any damages
or losses suffered by the City up to the full amount of the bond.
The bond also guarantees payment by the Grantee of all claims and
liens against City or public property and any taxes due to the City
which arise by reason of the construction, operation, maintenance or
use of the system.
In addition, each violation of the Franchise is a misdemeanor.
A hearing procedure is provided allowing the Grantee opportunity
to respond to the City's assessment of a penalty. If, upon hearing
the City determines that no violation has taken place, the City refunds
all monies drawn from the letter of credit less all costs and fees
incurred by the City as a result of the hearing process. If the letter
of credit is not returned to $50,000.00 within 3 days after assessment
of a penalty, the City may draw on the entire amount of the letter.
ARTICLE TX, DEFAULT
The default section provides for written notification by the
City to the Grantee if the City determines that there has been;
1. A violation of any provision of the Franchise or
of any provision of city, state or federal law;
2. An attempt to evade any provision of the Franchise;
3. Any fraud or deceipt practiced by the Grantee upon
the City or the subscribers;
4. A material misrepresentation of fact in the applic-
ation for and negotiation of the Franchise;
5. A delay of more than 12 months in the construction
schedule.
The Grantee is allowed a specific period of time to cure the
default, and if it fails to do so, the City may, at its option, either
elect to cure the default or terminate the Franchise. Procedures
are also set forth for revocation and termination of the Franchise,
and require written notice and public hearings.
The Franchise also provides that if the Grantee defaults under
any of the terms or provisions of a Franchise of any of the other four
cities, such default may at this City's option be deemed a default
under this Franchise.
ARTICLE X, FORECLOSURE, RECEIVERSHIP
AND ABANDONMENT
The City retains the right to cancel the Franchise should a
receiver or a trustee be appointed to take over and conduct the
business of the Grantee. The Franchise also prohibits the Grantee
from abandoning any portion of the system without having given not
less than 3 months prior notice. Abandonment of any portion of the
system may be deemed a cause for termination of the Franchise.
ARTICLE XI, PURCHASE OF THE SYSTEM
The Franchise grants the City the right to purchase the system
if at any time the Grantee receives a bona fide purchase offer which
it is willing to accept. Upon receipt of such an offer, the Grantee
is required to give the City 6 months within which to exercise its
option to purchase on the same basis as set forth in the offer.
The City is also given the right to purchase the system upon
forfeiture, revocation or termination of the Franchise or at the
expiration of the Franchise term. In the event the City elects to
purchase under this provision, the Grantee must negotiate with the
001(19.
City on the terms and conditions of the sale. In the event the
parties cannot agree, the matter is to be submitted to arbitration.
The purchase price to be paid by the City under this procedure is
set as the Grantee's cost less depreciation as shown on the books
and records or the system's market value, whichever is less. Good-
will may not be included in the computation of the purchase price.
ARTICLE XII, MISCELLANEOUS
Any assignment or transfer of the Franchise in whole or in
part or any sale or transfer of any controlling interest in the
Grantee is prohibited without the prior consent of the City.
Upon expiration of the Franchise, or upon revocation or
termination, the City has the right to require the Grantee to remove,
at the Grantee's expense, all or any portion of the system from City
streets and other public property. The letters of credit, bonds,
insurance, indemnity and penalty provisions of the Franchise remain
in full force and effect during the entire term of the removal. If
a material provision of the Franchise is affected by any other law,
ordinance or regulation, the City retains the right to amend,
modify, alter or repeal any provision of the Franchise as may be
necessary to carry out its intent and purpose. If any material
provision of the Franchise is found to be invalid or unenforceable,
the City may revoke the Franchise without incurring any liability to
the Grantee.
By accepting the Franchise, the Grantee agrees that it will
not at any time claim that any condition or term of the Franchise
is unreasonable, arbitrary or void or that the City lacks power or
authority to make such term or condition. As an additional protection
for the City, the Franchise provides that any dispute or question as
to the interpretation or application of the terms of the Franchise
shall be resolved by the City Council in its sole discretion.
ARTICLE XIII, ADMINISTRATION
AND ADVISORY BOARD
The City Manager or the manager's designee is designated as
the administrator of the Franchise. In addition, the City may
A 9(1
appoint an advisory board to monitor the company's performance under
the Franchise.
The City specifically reserves the right to delegate any of
its rights or obligations under the Franchise to any body or
organization.
ARTICLE XIV, JOINT SYSTEM
Franchise specifically states that the system is intended to
be part of a single system that serves the cities of Eden Prairie,
Edina, Hopkins, Minnetonka and Richfield. The Grantee's Offering
is incorporated by reference and made a part of the Franchise. The
Offering consists of the following documents:
1. The proposal of the Grantee dated June 16, 1980
consisting of three bound notebooks;
2. An August 15, 1980 letter from William R. Craig,
Vice President of the Grantee, to Mr. Wayne
Courtney, Chairman of the SWSCC; and
3. The response dated September 24, 1980 of the
Grantee to CTIC's request.
Rowever, to the extent any provision of the Offering
is not specifically bet forth in the Franchise, or not validly
incorporated by reference, the City retains the right to amend the
Franchise to include such provision as of the effective date of the
Franchise term.
The Grantee is given 30 days from the last date of adoption of
a similar Franchise by the other cities of the SWSCC to accept this
Franchise. In no event, however, may acceptance occur later than 90
days after the adoption of this Franchise ordinance unless the time
is extended by the City. The document further provides, however,
that if less than all of the other cities offer a similar Franchise
to Grantee, the Grantee or the City may cancel the Franchise and all
of their respective obligations hereunder. If the Grantee elects to
cancel this Franchise, however, it must also cancel all other
Franchises granted to it by the other cities of the SWSCC.
CONCLUSION
The Franchise document before you has undergone extensive review
and le:hafting in order to insure that the best possible Franchise
was presented to this City for adoption. I believe the Franchise
before you is in form and substance acceptable for adoption and if
so adopted would be a valid exercise of your authority.
TO: Mayor and City Council
FROM: John D. Frane, City Clerk
.DATE: December 8, 1980
RE: Liquor Licensing On-Sale
The number of license which can be issued at present is 1.mited
to six by state law. At present the City has issued licenses
to Genghis Khan, Olympic Hills and the Brothers.
After the certification of the 1980 census the number of licenses
permitted will be twelve.
Tuesday, December 16th is the public hearing of the license
request of Eden Prairie Steak Associates. By our ordinance
the license cannot be granted Tuesday: it can be granted at
a subsequent meeting.
JDF:bw
12/8/80
December I, 1980
TO:
Roger Ulstad
FROM:
Capt. Keith Wall
SUBJECT:
Liquor License Application
We have completed the record checks and background investigation of all
the principals listed on the application submitted by Eden Prairie Steak
Associates,
There is no apparent reason for our Police Division to recommend denial of
a liquor license for this establishment. Listed below are the agencies con-
tacted to obtain background and character reference data.
Adams County Sheriff (Iowa)
Alcohol, Tobacco and Special Taxes
Anoka City Police Department
Austin Police Department
Blaine Police Department
Bureau of Alcohol, Tobacco and Firearms
Bureau of Criminal Apprehension - Contraband
Bureau of Criminal Apprehension - OCIU
Bureau of Criminal Apprehension - Records
Carver County Sheriff
Columbia Heights Police Department
Dakota County Sheriff
Dane County Sheriff (Wisconsin)
Dawson Police Department
Department of Corrections
Drug Enforcement Administration
Eden Prairie Department of Public Safety
Edina Police Department
Federal Bureau of Identification
Fridley Police Department
Golden Valley Department of Public Safety
Greenfield Police Department (Wisconsin)
Hennepin County Sheriff
Internal Revenue
Jasper Police Department (Alabama)
Lac Quie Parle County Sheriff
Madison Police Department (Wisconsin)
Milwaukee City Police Department (Wisconsin)
Milwaukee County Sheriff (Wisconsin)
Minneapolis Police Department
Minnetonka Police Department
Minnesota Attorney General
Minnesota Liquor Control
Mower County Sheriff
Ramsey County Sheriff
Richfield Department of Public Safety
Roger Ulstad
12-1-80
page 2
Robbinsdale Police Department
St. Louis Park Police Department
St. Louis Police Department (Missouri)
Scott County Sheriff
South Lake Minnetonka Department of Public Safety
United States Postal Service
United States Secret Service
Walker County Sheriff (Alabama)
Washington County Sheriff
AFFIDAVITS OF GOOD CHARACTER
1. Mr. John Schumacher, 2842 North Manor Road, Excelsior
2. Pastor Gary Peterson, 9400 Crestwood Drive, Eden Prairie
3. Mr. Stephen Monson, 8666 Windward Circle, Eden , Prairie
••••
;M LII
Business Address Phone
CITY OF EDEN PRAIRIE
IN SUPPORT OF AN
APPLICATION FOR ON-SALE OR SPECIAL CLUB
INTOXICATING LIQUOR LICENSE •
Part I - General Information
Directions: This form must be filled out in duplicate. with typewriter or by
printing in ink. If the application is oy a natural person, by
such person; if by a corporation, by an officer, thereof; if by
a partnership, by one of the partners; if by an unincorporated
association, by the manager or managing officer thereof.
I. Name of applicant (name of individual, partnerrhip, corporation or association):
Eden Prairie Steak Associates
2. Name under which applicant will be doing business (name of restaurant, hotel
or club), business address and telephone number:
Full Name GOEMANIS (Presently doing business as Mr. Steak)
Business Address 7711 Eitehell Rd., Eden Prairie, Mn. Phone 937-9788
IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NIVIE OR STYLE
OTHER THAN FULL INDIVIDUAL NAME OF THE A 5 PLICANT, ATTACH A COPY OF
THE CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES,
CERTIFIED DY THE CLERK OF THE DISTRICT COURT.
3. Type of applicant:
Individual Partnership
X Corporation Association or other
4. Type of license applicant seeks?
X On Sale Snecial Club
5(a). If applicant is an individual, state full name, residence and business addresd
and telephone numbers.
Full Name
Residence Address Phone
(A Part II - Personal Information form mist be filled out and attached for
this individual.)
,299C )
Residence Address Phone
(A Part II - Personal Information form must be filled nut and attached for this
individual.)
6(a). If applicant is a partnership, state full name, residence and business address,
telephone numbers, and interest of each member of the partnership.
1. Full Name Interest
Residence Address Phone
Business Address none
2. Full flame Interest
Residence Address phone
Business Address Phone
3. Full Name_ Interest
Residence Address Phone
Business Address ' Phone
4. Full Name Interest
Residence Address Phone
Business Address Thine
(A Part 11 - nersonal Information form must be filled out and attached for
each of thcse individuals.)
(b). The managing partner will be:
The full name, residence address and telephone number of the manager, proprietor
or other agent in charge of the partnership's prr-ises tn be licensed.
Full Name
Residence Address
P ho ne
(d). The interest of each partner in this business
(A Part I/ - Personal Information form must be filled nut and attached for this
individual.)
IF THE APPLICATION IS FOR A PARTNERSHII, ATTACM A TRUE CO=Y OF THE
PARTNERSHIP AGREEMENT AND A COPY OF TUE CERTIFICATE OF TRADE NAME
UNDER PROVISIONS CF CHAPTER 333, MINNESOTA STATUTES, CERTIFIED BY
THE CLERK OF DISTRICT COURT.
7(a). If the applicant is a corporation or association, give name of corporation or
association, Eden Prairie address and phone nu ,lher, and 1.ne ffice address and
phone rvImber.
(c).
m ame Eden Prairie Steak Associates
Eden Prairie Address 7711 Mitchell Rd.
Home lffice Address
State of Inc.
or Assoc. Minnesota
"hone 937-9788
°hone
(b). The full names, residence address and telephone numbers of all officers
o
f
s
a
i
d
corporation or association.
°resident Lee A. Wolff
Residence Address 6901 Gleason Rd., Edina, Mn. Phone 941-8491
Vice President Gerald L. Gceran
Residence Address 8675 Windward Circle, Eden Prairie, Mn. Phone 94l-523
8
Secretary Douglas Lees
Residence Address 3900 Skymiew Rd., Minnetonka, Mn. "hone 933-8243
Treasurer Eolaidm Bush
Residence Address 1051 Madeira Ave., Minneapolis, Mn. Phone_ 377 7 3638
(A Part II - Personal Information form must be filled out and attached for these
individuals.)
(c), The full names, residence address and telephone number of all persons who
s
i
n
g
l
y
or together with their spouse and his or her parents, brothers, sisters or ch
i
l
d
r
e
n
,
own or control an interest in said corporation or association in excess of 5
%
.
I. Full Name Same as above
Residence Address
2. Full Name
Interest
'hone
Interest
"hone
Interest
Phone
Interest__
Residence AddresS
3, Full Name
Residence Address
• Full Name
Residence Address "hone
(A Part II - Personal Information form must be filled out and attached for
t
h
e
s
e
individuals.
(d). The full names, residence address and telephone number of the manager, proprietor
or other agent in charge of the corporation's or association's premises to he
licensed.
-3-
V.)1
Full :Jame Gerald Lee Goeman
Residence Address 8675 Windward Circle, Eden Prairie, Phon 941-5238
(A Part II - Personal Information form must be filled out and attached for this
individual.)
IF THIS APPLICATION IS FOR A CORPORATION OR ASSOCIATION, ATTACH A
TRUE COPY OF THE ARTICLES OF INCORPORATION OR ASSOCIATION AGREEMENT
AND BY-LAWS AND, IF A FOREIGN CORPORATION, A CERTIFICATE OF AUTHORITY
AS DESCRIBED IN CHAPTER 303, MINNESOTA STATUTES. '
C(a). If the applicant is a club, name of club
date that club was first incorporated
;
place of such organization , ; present number of
members ; the full names, position, residence address and
phone number of all officers,
1. Full Name
Residence Address
2, Full Name
executive committee and board of directoks.
Position
Phone
Position
"hone Residence Address
3, Full Name
Residence Address
Phone
4. Full lame
position
Position
Residence Address
Phone
5, Full Name
Position
Residence Address
A. Full Name
Residence Address
7. Full lame
Residence Address
S. Full Name
Residence Address
9, Full Name
Residence Address Phone
;:ik2--
Position
Phone
Position
Phone
Position
Phone
Position
Phone
10. Full Name Position
Residence Address Phone
(A Part II - Personal Information form must be filled out and attached for each
of these individuals.)
(b). The full name, residence address and telephone number of the manager, proprietor
or other agent in charge of the club's premises to be licensed.
Full Name
Residence Address
Phone
(A Part II - Personal Information form must be filled out and attached for
this individual.)
IF THIS APPLICATI0P IS FOR A cm, INCLUDE A TRUE COPY OF THE ARTICLES
OF INCORPORATION AND BY-LAWS.
THERE MUST DE SUBMITTED A SWORN STATEMENT THAT THE CLUB HAS BEEN IN
EXISTENCE FOR MORE THAN FIFTEEN YEARS AR, IN THE EVENT THAT THE APPLI-
CANT IS A CONGRESSIONALLY CHFOTERED VETERANS' nRGANIZATION, IN EXIS-
TENCE FOR MORE THAN TEN YEARS PRIOR TA JANUARY 1, 1961, THE STATEMENT
SHALL BE tViDE BY A PERSON WO HAS PERSONAL KNOWLEDGE OF THE FACTS
STATED THEREIN. IN THE EVENT THAT mq PERSON CAN MAKE SUCH A STATEMENT,
SATISFACTORY DOCUMENTARY PROOF MAY BE SUBMITTED IN SUPPORT OF SUCH FACTS.
9. State the exact legal description of the premises to be licensed.
(Applicant must also submit a plat plan of the area showing dimensions, location
of buildings, street access, parking facilities and the locations of and
distances of buildings, street access, parking facilities and the locations
of and distances to the nearest church building and public school grounds.)
q)I h I
and. C13;.qtDc\ .
10 I
10. How are the premises classified under the Village of Eden Prairie zoning
ordinance?
Restaurant
11. State full name, residence and business address and telephone numbers of owner
or owners of the building wherein the licensed business will be located, if
owner is other than the applicant.
Full Name Zaeco Inc.
Residence Address
Phone
Business Address 4314 MInnehaha Ave., lanneapolis, Mn. Phone 721-6621
Full Name
Residence Address
Business Address
-5-
ja) 3
Phone
Phone
12. Where building is owned by other than applicant, state in summary conditions o
f
lease arrangement - term of years, monthly rental, etc. (A true copy of the
lease shall be attached.)
13. If building is owned by individual applicant, partnership, corporation of
association, state:
(a) Date purchased (b) Mame and address of person;
purchased from
(c) Purchase price $
(0 Who currently holds mortgage?
(g) Amount of Contract for Deed $
Contract for Deed?
; (d) Amount of down payment $
(h) Who currently holds
(i) Term of Mortgage
(j) Term of Contract for Deed
(k) Rate of interest on Mortgage
(1) Rate of interest on Contract for Deed
(m) State the rate at which Mortgage and/or Contract for Deed is being
liquidated
(n) Are the payments on Mortgage and/or Contract for Deed up to date?
Ili, State the amount of the investment that the applicant has in the business
premises, fixtures, furniture, stock in trade, etc. and attach supporting
proof of the source of such money.
Lee Wolff - $25,000.00
Doug Lees - $22,500.00 (See attached copy of bank note) Ed Bush - $20,000.00
Jerry Gceman - $10,000.00
15. Give full name, address, telephone number and the nature of the interest, amoun
t
thereof, terms for payment nr other reimbursemcrt, of all persons, other tnan
the applicant, who have any financial interest in the business, buildings,
premises, fixtures, furniture, or stock in trade. (This shall include, bet not be limited to, any lessees, lessors, mortgagees, mortgagors, lendors, lien
holders, trustees, trustors and persons aho hav- co-signed notes or otherwise
loaned, pledged, or extended security for any indebtedness of the applicant,
but shall not include persons owning or controlling less than 51 interest in the business, if a corporation).
IF THIS APPLICATION IS FOR PREMISES EITHER PLANNED OR UNDER
CONSTRUCTION OR UNDERGOING SUBSTANTIAL ALTERATION, niE APPLICATION
SHALL BE ACCOMPANIED BY A SET OF PRELIMINARY 'LAWS SHOWING THE
DESIGN OF THE PROPOSED PREMISES TO DE LICENSED. IF THE PLANS OR
DESIGN ARE ON FILE WITH THE SUPERINTENDENT OF THE BUILDING DEPART-
MENT, NO PLANS NEED BE FILED WITH THE APPLICATION.
16. State the floor number, general area, and rooms where intoxicating liquor is
to be sold and consumed.
(Applicant shall attach a floor plan showing dimensions and indicating number
of persons intended to be served in the dining rooms, and indicating and
Identifying all other rooms and other areas where intoxicating liquor is to
be sold and consumed.)
17. What permits required by the Federal government by the Laws of the United States
have been applied for or issued for the premises? In what name were these
applied for or issued and what is the nature of the permit?
Special Tax Return and Application for Registry
Eden Prairie Steak Associates
18. What permits or licenses required by the State government by the Statutes have
been applied for or issued for the premises? In what name were these applied
for or issued and what is the nature of the permit or license?
19. Are any real estate taxes, personal property taxes, special assessments, other
financial claims of the Village of Eden Prairie delinquent or unpaid for the
premises to be licensed? No If "yes", give details.
20. Is the premises located within 1000 feet of any public school?
(This distance is as measured in a straight line from the parcel or lot upon
which the business to be licensed is located to the nearest point of the
parcel or lot upon which the public school is located.)
No
21. Is the premises located within 1000 feet of any church?
(This distance is as measured in a straight line from the parcel or tot upon
which the business to be licensed is located to the nearest point of the
church building.) No
-7-
ri7.;• HEATHER T. DURTRUD
NENNEPINCOUNTY
NOTARY PULLIC-14 ,NNOTA
COMMIAINON cxr n wrs rEe. 27,1904
22. If the premises is a hotel, is there a dining room, open to the public, with
a minimum floor area of 900 square feet?
23. If the premises is a restaurant, is there a minimum floor area of 1200 square
feet for dining, open to the general public?
Yes
24. Name, residence address, business address and telephone numbers of three persons,
residents of Hennepin County, of good moral character, not related to the
applicant or financially interested in the premises or business, who may be
referred to as to the applicant's character.
1. Name
John Schumacher
Residence Address 2841 N. Manor Rd., Excelsior, Mn. Phone 474-9467
Business Address 1114 Zane Ave., Golden Ialley, Mn. Phone 54673291
2, Name
Pastor Gary Peterson
Residence Address 9400 Creekwood Dr., Eden Prairie, MnPhone 941-6204
Business Address 16515 Luther Way, Eden Prairie, Mn. Phone 937-8123
3. Name
Stephen Monson
Residence Address 8666 Windward Cir., Eden Prairie, NhPhone 941-3439
STATE
) SS
COUNTY OF
•iin cs being first duly sworn, upon his oath
deposes and says that he is the person who has executed the above application
and that the statements made therein are true of his own knowledge and belief.
Signed„4
Subscribed and sworn to before me this V44 day of okixx,1910 •
Notary PubliCN\skA)),1'%n•n Count), \kt,
My commission c:;pire.,,X. 'r' 1.l.\
8-
2( ( ( „)0Jui
VILIAGE OF EDEN PRAIRIE, MINNESOTA
IN SUPPORT OF AN
APPLICATION FOR ON-SALE OR SPECIAL CLUB
INTOXICATING LIQUOR LICENSE
PART II - PERSONAL INFORMATION
Directions: This form must be filled out in duplicate with typewriter or by
printing in ink by the sole owner, by each partner, by each officer,
of director, by each manager, proprietor or other agent -IT-charge
of the premises, by each person who by combined ownership or control
has an interest in a corporation of association in excess of 5%.
Date: September 8, 1980
Coeman, Gerald Lee
1. True Name: (last, first, middle)
8675 Windward Circle, Eden Prairie, Mn. 55344 941-5238
2. Residence Addresir --INumber, Street, City, State) 3. Phone Number:
7711 Mitchell Rd., Eden Prairie, Mn. 55344 937-97 88
4. Business Address: (Number, Street, City, State) 5. Phone Number:
n Madison, Wisconsin - Dane County
6. Place of Birth: (City, County, State)
February 12, 1943
7. Date of Birth -rgb.,Day,Yr.)
If yes, give date and place: 8. U.S. Citizen? ((es) Naturalized? Yes
No (No)
9. If you have ever used or been known by a name or names other than the true
name given in #1 above, list such name(s) and in #1 above, list such name(s)
and information concerning dates and places Where used.
Names Dates, Places and Circumstances
None
.10. Marital Status: Single Widowed Seperated
Married X Divorced
If Married, true name, place and date of birth, & residence address 'of spouse:
True Name: Janice Kay Gceman ( Holm - maiden name)
Place and date of birth: Dawson, Minnesota August AP, 1944
Residence Address: 8675 Windward Circle, Eden Prairie, Mn.
1 1.
)
12. Are you a registered voter? (YES) NO
If yes, where are you registered?
Eden Prairie
Is your spouse a registered voter? (YES) NO
If yes, where is spouse registered? Eden Prairie
13. Address(es) at which you have lived during preceding ten years.
(Begin with present or last address and work back.)
No. and Street City and State Dates
8675 Windward Circle Eden Prairie, Mn.
16310 West Edgerton Milwaukee, Wisconsin
7016 Woodland Drive Jasper, Alabmna
27504andpiper Trail Excelsior, Mn.
14. Address(es) at which your spouse has lived during preceding ten years.
(Begin with present or last address and work back.)
No. and Street City and State .Dates
Same as above
15. Kind, name and location of every business or occupation you have been engaged i
during preceding ten years.
(Begin with present or last address and work back.)
Location: Street Address Nature of business
Business or occupation City and State or occupation
Mr. Steak
Mr. Steak
McDonalds
7711 Mitchell Rd.; Eden Prairie, Mn. Restaurant
7700 Layton Ave., Greenfield. Wi. Restaurant
Hy. 78, Jasper Alabama Restaurant
Maydon, Inc. Fridley, Mn. (out of business)
Sales
16. Kind, name and location of every business or occupation your spouse has been
engaged in during the preceding ten years.
(Begin with present or last one first and work back.)
Location: Street Address Nature of business
Business or occupation City and State or occupation
Mr. Steak Restaurant 7711 Mitchell Rd., Eden Prairie. Mn.
Aug. 1979 - Present
Dec. 1977 - Ame. 1980
Feb, 1975 - Dec. 1977
1970 - Feb.
Mr. Steak 7700 Layton Ave., Greenfield, Wi. Restaurant
17. Names and addresses of your employers and partners, if any., for the preceding
ten years. (Begin with present or last one first and work back.)
Names: Employers or Partners Addresses: City and State Dates
Lee Wolff 6901 Gleason Rd., Edina, Mn. 1977 - Present
Ed Bush 1051 Madeira Ave., Epls., Mn. 1979 - Pre sen t
Doug Lees 3900 Skyview Rd., Minnetonka, Mn. - Preset; t
Harry Dumville 7700 Layton Ave.L_Greenfield. Wi. 1977 - PrPeRnt
18. Names and addresses of your spouse's employers and partners, if any, for the
preceding ten years. (Begin with present or last one first and work back)
Names: Employers or Partners Addresses: City and-State Dates
Sarte,.as above
19. Have you, your spouse, or a parent, brother, sister or child of either of you,
ever been convicted of any felony, crime or violation of any ordinance, other
, than traffic? YES (NO)
If yes, give information as to the time, place and offense for which convictiop
were had,
20. Have you, your spouse, or a parent, brother, sister, or child of either of you
ever been engaged as an Aemployee or in opPratinq a saloon, hotel,(restaurant,)
. cafe, tavern or other business of a similar nature. (YES) NO
If yes, give information as to the time place and length of time.
Mr. Steak restaurants Minnesota & Wisconsin 1977 - 1980
:21. Have you been in military service? (YES) NO
If yes, was discharge(s) ever other than honorable? YES (NO)
-3-
22. Names, residence address, business address, and telephone numbers of
each person who is engaged in Minnesota in the business of selling,
manufacturing of distribuitng intoxicating liqour and who is nearer of
kin to you or your spouse than second cousin, whether of the whole or
half blood, computed by the rules of civil law, or who is a brother-in-
law or sister-in-law of you of your spouse.
1. Full Name None Relationship
Residence Address Phone
. Business Address Phone
2. Full Name Relationship
Residence Address Phone
Business Address Phone
3. Full Name Relationship
Residence Address Phone •
Business Address: Phone
• 23. Are you a manufacturer or wholesaler of intoxicating liqour or interested
directly or indirectly in the ownership or operation of any such business?
YES (No)
24. Are you directly or indirectly interested in other establishments in the
Village of Eden Prairie to which a license of the same kind has been
issued? (Refer to City Code, Section 153.10, for persons ineligible for
license.) YES ( NO)
25. Are you the spouse of a person who would be ineligible for a license?
(Refer to City Code, Section 153..09, for persons ineligible for license.)
YES (No)
26. What is the amount of investment that you will have in the business, building,
premises, fixtures, furniture, stock in trade, etc., and what was the source
of such money? (You must be prepared to furnish proof of the source of such
money.)
$10,000 -Savings
6010
Q .
Notary Public
CountytO
My commission expired - l 19 ilt
HEATHERT.DUSTRUD
HENNEPIN COUNT(
NOTARY PI/CLIC-MINNESOTA
,commussio“ Exernrs res. 2; 1084
27. Have you had any interest in any previous intoxicating liqour license that
revoked, suspended or not renewed? YES (NO )
If yes, explain in detail
28.
Have you ever individually, or with others, made application for an intoxicatir“_
liqour license and had such application denied? . YES ( NO)
S S
(:;;AuccoLIL , being first duly sworn upon his/her
oath, desposes and says that he/she is the person who has executed the
above Personal Information form and that the statements made therein are
true of his/her own knowledge and belief.
Subscribed and sworn to before me this\t$k daykR44.,A,,,..119,4p
VILLAGE or EDL1 PRAIRIE, MINNESOTA
IN SUPPORT OF AN
APPLICATION FOR ON-SALE OR SPECIAL CLUB
INTOXICATING LIQUOR LICENSE
PART II - PERSONAL INFORMATION
Directions: This form must be filled out in duplicate with typewriter or by
printing in ink by the sole owner, by each partner, by each officer,
of director, by each manager, proprietor or other agent in charge
of the premises, by each person who by combined ownership or control
has an interest in a corporation of association in excess of 5%.
Date: September 8, 1980
Wolff, Lee Allen
1. True Name: (last, first, middle)
•
6901 Gleason Road, Edina, Minnesota 55435
2. Residence Address: (Number, Street, City, State) 3. Phone Number:
4545 Central Ave. N.E., Columbia Heights, Mn. 55421 571-8200
4. Business Address: (Number, Street, City, State) 5. Phone Number:
Milwaukee, Milwaukee County, Wisconsin March
6. Place of Birth: (City, County, State) 7. Date of elMo.,Day,Yr.)
.4v
8. U.S. Citizen? (Yes) Naturalized? Yes If yes, give date ana place:
No (No)
9. If you have ever used or been known by a name or names other than the true
name given in #1 above, list such name(s) and in #1 above, list such name(s)
and information concerning dates and places where used.
Names Dates, Places and Circumstances
None
941-8491
10. Marital Status: Single
Married X
Widowed
Seperated
Divorced
If Married, true name, place and date of birth, & residence address of spousei
True Name: Joanne Dazcy Draughcn (Wolff)
Place and date of birth: St. Louis, Mo. March 6, 1929
Residence Address: 6901 Gleason Road, Edina, Mn. 55435
11.
•
12. Are you a registered voter? (YES) NO
If yes, where are you registered?
Is your spouse a registered voter? (YES) NO
If yes, where is spouse registered? Hennepin County, Mn.
13. Address(es) at which you have lived during preceding ten years.
(Begin with present or last address and work back.)
No and Street City and State Dates
6901 Gleason Road Edina, Mn. Nov. 1978 - 1980
6920 Utica Lane Chanhassen, Mn. 1963 - 1978
14. Address(es) at which your spouse has lived during preceding ten years.
(Begin with present or last address and work back.)
No. and Street
City and State • Dates
Same as above (13)
15. Kind, name amd location of every business or occupation you have been engaged
during preceding ten years.
(Begin with present or last address and work back.)
Location: Street Address Nature of business
Business or occupation City and State or occupation
Restaurant owner--Mr. Steak 4545‘Central Ave.11.E., Columbia Heights, Mn.
Restaurant
16. Kind, name and location of every business or occupation your spouse has been
engaged in during the preceding ten years.
(Begin with present or last one first and work back.)
Location: Street Address Nature of business
Business or occypation City and State or occuoation
Temoynn Design Center 103 Sheland Plaza. Mols ga _Mn. Inipriep
Hennepin County, Mn.
.1( 1=3
Ed Bush
Dave Johnnon
Doug Lees
Jerry Goeman
1051 Madiera Ave., Mpls., Mn.
Blaine, Mn.
Minnetonka, Mn.
Eden Prairie, Mn.
17. Names and addresses of your employers and partners, if any, for the preceding
ten.years. (Begin with present or last one first and work back.)
Names: Employers or Partners Addresses: City and State Dates
19616-1980
1971-1980
1972-1980
1977-1980
18. Names and addresses of your spouse's employers and partners, if any, for the
preceding ten years. (Begin With present or last one first and work back)
Names: Employers or Partners 'Addresses: City and State Dates
Temoyan Design Center
Minneapolis, Mn. 1980
19. Have you, your spouse, or a parent, brother, sister or child of either of you,
ever been convicted of any felony, crime or violation of any ordinance, other
. than traffic? YES (NO)
If yes, give information as to the time, place and offense for which convictior
were had, Noce
20. Have you, your spouse, or a parent, brother, sister, or child of either of you
ever been engaged as an employee or in °prating a saloon, hotel, restaurant,
cafe, tavern or other business of a similar nature. ((TS) NO
If yes, give information as to the time place and length of time.
Mr. Steak of Columbia Heights — k545 Central Ave.N.E., Columbia Heights 1966-1980
21. nave you been in military service? (YES) NO
If yes, was discharge(s) ever other than honorable? YES (NO)
?JOH
22. Names, residence address, business address, and telephone numbers of
each person who is engaged in Minnesota in the business of selling,
manufacturing of distribuitng intoxicating liqour and who is nearer of
kin to you or your spouse than second cousin, whether of the whole or
half blood, computed by the rules of civil law, or who is a brother-in-
' law or sister-in-law of you of your spouse.
1. Full Name None Relationship
Residence Address
Phone
Business Address
Phone
. 2. Full Name
Relationship
Residence Address
Phone
'business Address
Phone
3. Full Name
Relationship
Residence Address
Phone
Business Address;
Phone
• 23. Are you a manufacturer or wholesaler of intoxicating ligour or interested
directly or indirectly in the ownership or operation of any such business?
YES (NO)
24. Are you directly or indirectly interested in other establishments in the
Village of Eden Prairie to which a license of the same kind has been
issued? (Refer to City Code, Section 158.10, for persons ineligible for
license;)- YES ( NO)
25. Are you' the spouse of a person who would be ineligible for a license ?
(Refer to City Code, Section 156.09, for persons ineligible for license.)
YES Ga
26. What is the amount of investment that you will have in the business, building,
premises, fixtures, furniture, stock in trade, etc., and what was the source
of such money? (You must be prepared to furnish proof of the source of such
money.)
Approximately $25,000 - Savings
301 ';
27. Have you had any interest in any previous intoxicating liqour license that
revoked, suspended or not renewed? YES (NO )
If yes, explain in detail
28.
Have you ever individually, or with others, made application for an intoxicatin
liqour license and had such application denied? . YES (NO)
STATE OrkVnN.,,f )
COUNTY OF \SkN.XLA,..ki
SS
oath, desposes and says that he/she is the person who has executed the
above Personal Information form and that the statements made therein are
As\
, being first duly sworn upon his/her
true of his/her own knowledge and belief.
Signed: 'P'
Subscribed and sworn to before me this
...4.
R 7 Cowmis•10. rt.ors PER. 17, 1084
I--e MENNIIIHN COUNTY
.14 HEATHER T. DUSTRUD
NOTARY •LIO.L.C-ATNNESOTA Notary Public, CountyliNi_
My commission expired._19
VILLAGE OF EDEN PRAIRIE, MINNESOTA
IN SUPPORT OF AN
APPLICATION FOR ON-SALE OR SPECIAL CLUB
INTOXICATING LIQUOR LICENSE
PART II - PERSONAL INFORMATION
Directions: This form must be filled out in duplicate with typewriter or by
printing in ink by the sole owner, by each partner, by each officer,
of director, by each manager, proprietor or other agent in charge
of the premises, by each person who by combined ownership or control
has an interest in a corporation of association in excess of 5%.
Date: September 8, 1980
Bush, Edwin Monard
1. True Name: (last, first, middle)
1051 Madeira Ave., Minneapolis, Mn. 55405 377-3638
2. Residence Address: (Number, Street, City, State) 3. Phone Number:
4. Business Address: (Number, Street, City, State) 5. Phone Number:
Kent, Iowa - Adams County
6. Place of Birth: (City, County, State)
March 11, 1921 _
7. Date of Birth Cmo.,Da9TF7)
8. U.S. Citizen? (Yes)
No
Naturalized? Yes
(No)
If yes, give date and place:
9. If you have ever used or been known by a name or names other than the true
name given in #1 above, list such name(s) and in #1 above, list such name(s)
and information concerning dates and places where used.
Names Dates, Places and Circumstances
10. Marital Status: Single Widowed Seperated
Married X Divorced
If Married, true name, place and date of birth, & residence address Of spouse:
True Name: Evelyn Burnham Bush
Place and date of birth: Minneapolis, Mn. December 19, 1924
11.
Residence Address: 1051 Madeira Ave:, Minneapolis, Mn. 55405
12. Are you a registered voter? (YES) NO
If yes, where are you registered? Minneapolis
Is your spouse a registered voter? (YES) NO
' If yes, where is spouse registered? Minneapolis
13. Address(es) at which you have lived during preceding ten years.
(Begin with present or last address and work back.)
No. and Street
1051 Madeira Ave.
2520 Upton Ave. So.
Minneapolis,'Mn.
Minneapolis, Mn.
l973_.f. Present
1973
City and State Dates
14. Address(es) at which your spouse has lived during preceding ten years.
. (Begin with present or last address and work back.)
No. and Street City and State •Dates
Same as above
15. Kind, name amd location of every business or occupation you have been engaged i
during preceding ten years.
(Begin with present or last address and work back.)
Location: Street Address Nature of business
Business or occupation City and State or occupation
• Mr. Steak • 3839 Lakeland; Robbinsdale, Mn. Restaurant
5203 Vernon, Edina, Mn. Restaurant
6345 Penn Ave. So., Richfield Mn. Restaurant
Mr. Steak
Mr. Steak
16. Kind, name and location of every business or occupation your spouse has been
engaged in during the preceding ten years.
(Begin with present or last one first and work back.)
Location: Street Address
Business or occupation City and State or occuoation
Nature of business
Same as above
17. Names and addresses of your employers and partners, if any., for the preceding
ten years. (Begin with present or last one first and work back.)
Names: Employers or Partners Addresses: City and State Dates
Lee Wolff
6901 Gleason Rd., Edina, Mn. 1966-1980
Kenneth Lipovsky (deceased)
Steven Netko
Doug Lees
Jerry Gceman
Unknown
3900 Skyview Rd., Minnetonka, Mn. 1973-Present
8673 Windward Cir.,_Eden_Psairie. 1979-P*Psent
18. Names and addresses of your spouse's employers and partners, if any, for the
preceding ten years. (Begin With present or last one first and work back)
Names: Employers or Partners Addresses: City and_State Dates
Same as above
19. Have you, your spouse, or a parent, brother, sister or child of either of you,
ever been convicted of any felony, crime or violation of any ordinance, other
than traffic? YES (NO)
If yes, give information as to the time, place and offense for which convictio!
were had,
20. Have you, your spouse, or a parent, brother, sister, or child of either of you
ever bemengaged as an employee or in °prating a saloon, hotel,(restaurant,)
. cafe, tavern or other business of a similar nature. (YES) NO
If yes, give information as to the time place and length of time.
Mr. Steak Restaurants - Minneapolis, Mn. 1966 - 1980
21. Have you been in military service? (YES) NO
If yes, was discharge(s) ever other than honorable? YES (NO)
-3-
22. Names, residence address, business address, and telephone numbers of
each person who is engaged in Minnesota in the business of selling,
manufacturing of distribuitng intoxicating ligour and who is nearer of
kin to you or your spouse than second cousin, whether of the whole or
half blood, computed by the rules of civil law, or who is a brother-in-
law or sister-in-law of you of your spouse.
1. Full Name None
Residence Address
Business Address
2. Full Name
Residence Address
Business Address
3. Full Name
Residence Address
Business Address: Phone
23. Are you a manufacturer or wholesaler of intoxicating ligour or interested
directly or indirectly in the ownership or operation of any such business?
YES (NO)
24. Are you directly or indirectly interested in other establishments in the
Village of Eden Prairie to which a license of the same kind has been
issued? (Refer to City Code, Section 158,10, for persons ineligible for
license.) YES (NO)
25. Are you the spouse of a person who would be ineligible for a license ?
(Refer to City Code, Section 158 ..09, for persons ineligible for license.)
YES (NO)
26. What is the amount of investment that you will have in the business, building,
premises, fixtures, furniture, stock in trade, etc., and what Was the source
of such money? (You must be prepared to furnish proof of the source of such
money.)
$20,000 - savings
:3;120
Relationship
Phone
Phone
Relationship
Phone
Phone
Relationship
Phone
• ) STATE Or
COUNTY 0
S S
HEATHER T. DUSTRUD
HENNEPIN COUNTY
NOTARY PU.71.1C,1 ,NNESOTA
commtscotirm0r. rug. 27, 1084
27. Have you had any interest in any previous intoxicating liqou
r
l
i
c
e
n
s
e
t
h
a
t
revoked, suspended or not renewed? YES ( NO )
If yes, explain in detail
28.
Have you ever individually, or with others, made applicatio
n
f
o
r
a
n
i
n
t
o
x
i
c
a
t
i
liqour license and had such application denied? . YES (NO)
NxiSss\ being first duly sworn upon his/her
oath, desposes and says that he/she is the Person who has e
x
e
c
u
t
e
d
t
h
e
above Personal Information form and that the statements made therein are
true of his/her own knowledge and belief.
Sign_
Subscribed and sworn to before me this \j'4.% cllso
Notary Public;404\\CoontyMt
My commission expireSA-1_1914
tx_Ig_CY)
VILLAGE OF EDEI PRAIRIE, MINNESOTA
IN SUPPORT OF AN
APPLICATION FOR ON-SALE OR SPECIAL CLUB
INTOXICATING LIQUOR LICENSE
PART II - PERSONAL INFORMATION
Directions: This form must be filled out in duplicate with typewriter or by
printing in ink by the sole owner, by each partner, by each officer,
of director, by each manager, proprietor or other agent in charge
of the premises, by each person who by combined ownership or control
has an interest in a corporation of association in excess of 5%.
Date: September 9, 1980
Lees, Douglas Kjenner
931-8243
2. Residence Address; (Number, Street, City, State) 3. Phone Number:
17805 West Hy. 7, Minnetonka, Minnesota 474-3432
4. Business Address: (Number, Street, City, State) 5. Phone Number:
Austin, Minnesota, Mor
6. Place of BirtliT ---T-City, County, State)
March 13, 1942
7. Date of Birth (Mo.,Day,Yr.)
8. U.S. Citizen? (Yes) Naturalized? Yes If yes, give date and place:
No (No)
9. If you have ever used or been known by a name or names other than the true
name given in #1 above, list such name(s) and in #1 above, list such name(s)
and information concerning dates and places where used.
Names Dates, Places and Circumstances
N .A.
10. Marital Status: Single_ Widowed
Seperated
Married X Divorced
11.
If Married, true name, place and date of birth, & residence address of spouse:
True Name: Diane Lee Lees (Westin - maiden name)
Place and date of birth: Minneapolis, Minnesota - May 23,19k3
Residence Address: 3900 Skyviewitd., Minnetonka, Minnesota 55343
2--
L True Name: (last, first, middley--
3900 SkyviewRd., Minnetonka, Minnesota
Lutheran Deaconess Hospital Minneapolis, Mn. Staff Nurse
17. Names and addresses of your employers and partners, if any., for the preceding
ten years. (Begin with present or last one first and work back.)
Names: Employers or Partners Addresses: City and State Dates
Edwin Bush 1051 Madeira Ave., Mpls., Mn. 1973 - Present
Lee A. Wolff
6901 Gleason Rd., Edina, Mn. 1971 - Present
Stuart Swartz 135 Kentucky Ave. N., Mpls., Mn. 1969 - 1971
18. Names and addresses of your spouse's employers and partners, if any, for the
preceding ten years. (Begin with present or last one first and work back)
Names: Employers or Partners .Addresses: City and. State Dates
Minnetonka Public Schools Excelsior, Mn. .Nov. 1979 - Present
Lutheran Deaconess Hospital Mpls., Mn. 1969 - 1971
19. Have you, your spouse, or a parent, brother, sister or child of either of you,
ever been convicted of any felony, crime or violation of any ordinance, other
than traffic? YES (NO)
If yes, give information as to the time, place and offense for which convictic:
were had,
20. Have you, your spouse, or a parent, brother, sister, or child of either of you
ever been engaged as an employee or in °prating a saloon, hotel,(restauranto
. cafe, tavern or other business of a similar nature. (YES) NO '
If yes, give information as to the time place and length of time.
Twin City Mr. Steak Restaurant 1971 - present Friar Dinner Theatre 1 69-1 71
,21. Have you been in military service? YES (NO)
If yes, was discharge(s) ever other than honorable? YES NO
-3-
''JG2 ti
22. Names, residence address, business address, and telephone numbers of
each person who is engaged in Minnesota in the business of selling,
manufacturing of distribuitng intoxicating ligour and who is nearer of
kin to you or your spouse than second cousin, whether of the whole or
half blood, computed by the rules of civil law, or who is a brother-in-
' law or sister-in-law of you of your spouse.
1. Full Name N.A.
Residence Address
Business Address
. 2. Full Name
Residence Address
.Business Address
3. Full Name
Residence Address
Business Address;
• 23. Are you a manufacturer or wholesaler of intoxicating ligour or interested
directly or indirectly in the ownership or operation of any such business?
YES (NO)
24. Are you directly or indirectly interested in other establishments in the
Village of Eden Prairie to which a license of the same kind has been
issued? (Refer to City Code, Section 158.10, for persons ineligible for
license.. . YES
25. Are you the spouse of a person who would be ineligible for a license ?
(Refer to City Code, Section 158 ..09, for persons ineligible for license.)
YES (NO) •
26. What is the amaunt of investment that you will have in the business, building,
premises, fixtures, furniture, stock in trade, etc:, and what was the source
of such money? (You must be prepared to furnish proof of the source of such
money.)
$21,500.00 initial investment - Seer -e4AsseherH3e21-eatee-ehee4
Relationship
Phone
Phone
Relationship
Phone
Phone
Relationship
Phone
Phone
5(0,,
HEATHERT.DUSTRUD
HENNF.PIP1 COUNTY
NOTARY PUCLIC-MINNESOYA
OOMinsaiONIComme FIR. 27, 10114
27. Have you had any interest in any previous intoxicating liqour license that
revoked, suspended or not renewed? YES (NO)
If yes, explain in detail
28.
Have you ever individually, or with others, made application for an intoxicatirr
liqour license and had such application denied? YES (NO)
STATE
) SS
COUNTY
, being first duly sworn upon his/her
oath, despo es and says that he/she is the person who has executed the
above Personal Information form and that the statements made therein are
true of his/her own knowledge and belief.
Signed:AZ
Subscribed and sworn to before me this \O''' day Zw.3.9$0
Notary Public ,5\,n§114,4,,,CountyVk
My commission expired 19 ti
BEFORE THE SOUTHWEST SUBURBAN )
CABLE COMMISSION, CONSISTING OF ) i PM1-_,1)(
THE CITIES OF HOPKINS, EDINA,
RICHFIELD, EDEN PRAIRIE AND
FINDrMOS OF FACT
MINNETONKA, MINNESOTA
The Southwest Suburban Cable Communications Commission makes the
following Findings of Fact and Recommendations:
I.
The Cable Television Information Center (CTIC), in its report to
the Commission, ranked Northern Cablevision's proposal best in the
following areas:
(a) Channel capacity - Residential Network;
(b) Channel capacity - Institutional Network;
(c) Subscriber equipment;
(d) System reliability, maintenance and repair;
(e) Special interest programming;
(f) Automated programming plans;
(g) Access channels;
(h) Access equipment (amount);
(i) Pay services.
The Cable Television Information Center, in its report to the
Commission, ranked Minnesota Cablesystems' (Canadian Cablesystemsl
proposal best in the following areas:
Signal quality;
Service level security;
Regional interconnect;
Audio/video alert;
System design;
Broadcast signals;
Access equipment maintenance;
Access staff (amount);
Access (overall).
Head end and Important Factilities.
CTIC ranked Northern Cablevision higher than Minnesota Cable-
systems in the following additional areas:
(a) Local Origination - plans for locally produced programming;
(b) Local Origination - programming from other sources,
(c) Local Origination equipment;
(d) Local Origination (overall);
(f) FM, Audio and Shortwave Services.
IV.
CTIC ranked Northern Cablevision and Minnesota Cablesystems equal
in the following categories:
(a) Construction schedule and Coverage;
(b) Institutional Network;
(c) Sophistication of subscriber equipment;
(d) Access equipment accessibility;
(e) Access staff adequacy;
(f) Access operating policies;
(g) Interactive Services.
V.
Though all of the categories are entitled to some weight in
arriving at an overall recommendation, some of the categories are more
important in terms of service to the subscriber. These categories,
and CTIC's ranking of them as between the two top-rated companies,
are:
Category
Channel Capacity
Institutional Network
Regional interconnect
Construction Schedule and Coverage
Reliability of System
System Design
Broadcast Carriage
Special Interest Programming
Pay Services
Automated Services Plan
Access (Overall)
Access Channels
Access Equipment
Access Staff Adequacy
Interactive Services
Local Origination (Overall)
Local Origination - Plans for Locally
Produced Programs
Local Origination - Programs from
Other Sources
Local Origination Equipment
FM, Audio and Shortwave Services
Best Proposal
Northern
Northern/Minnesota
Minnesota
Northern/Minnesota
Northern
Minnesota
Minnesota
Northern
Northern
Northern
Minnesota
Northern
Northern
Northern/Minnesota
Northern/Minnesota
Northern
Northern
Northern
Northern
Northern
VI.
One of the most important considerations in selecting a fran-
chisee is the cost to the consumer . . . the residents of Hopkins,
Edina, Richfield, Eden Prairie and Minnetonka. The average subscriber
will purchase the company's Full Service package, including a con-
verter, and add at least one premium movie service (i.e., Home Box
Office). In that typical case, the subscriber would pay the following
charges for each of the two top rated proposals:
Northern Canadian
Full basic service $ 7.45 $ 8.95
(with converter)
Home Box Office 6.95 7.50
TOTAL $14.40/month .$16.45/month
VII.
If a subscriber wanted the Interactive Service package, the cost
would be:
Northern Canadian
$ 9.50/month
$10.95/month
VIII.
If a subscriber wished to receive the 13 channel Universal
Service, the monthly cost would be:
Northern Canadian
-0- $ 1.00/month
IX.
If the subscriber wished to add the FM radio service offered by
the two leading companies, the cost would be:
Northern Canadian
1.50/month $ 1.95/month
3.
X.
Both companies offer consumers a variety of premium movie and
entertainment channels. The common services offered and their price
per month, before considering any applicable discounts, are as
follows:
Service Offered Northern Canadian
Home Box Office 6.95 7.50
Showtime 6.95 7.50
The Movie Channel 6.95 7.50
Premiere 7.95 7.50
Home Theater Network 3.95 3.95
XI.
Minnesota Cablesystems is offering discounted rates for senior
citizens and handicapped subscribers. With this discount, the monthly
cost of full basic service would be:
Northern Canadian
$ 7.45 8.06
XII.
Many subscribers elect to install cable television into more than
one television set in their home. The basic service monthly charge
for each additional set proposed by the two leading companies is:
Northern Canadian
Installation - 9.95 10.00
Monthly Service -
Without Converter 1.50 3.95
With Converter 3.00 6.45
XIII.
If a subscriber to the Interactive services tier wished to have
cable installed into more than one television set, the monthly charge
for each additional set would be:
4.
Northern Canadian
$ 3.50 8.95
XIV.
In addition to the proposed monthly charges listed above, the
subscriber will pay an initial installation charge unless that charge
is waived for marketing and promotional purposes. The installation
charges proposed by Northern and Minnesota are:
Northern Canadian
One-Time Basic Installation Charge -
Aerial Installation $19.95
$19.95
Underground Installation 19.95 Time/Materials
XV.
Northern Cablevision has committed to complete construction of
the cable system for the five suburbs within twenty-four months of the
date the franchise is awarded. Minnesota Cablesystems has committed
to complete construction within eighteen months of the date that state
confirmation of the franchise award is received. State certification
of the Minneapolis franchise award is expected in early 1981, more
than one year after the award. Assuming a twelve-month state certifi-
cation process, Northern Cablevision is committed to complete con-
struction of the system at least six months faster than Minnesota
Cablesystems.
XVI.
The financial pro forma submitted by Minnesota Cablesystems show
the following items:
(a) An average net loss over the fifteen (15) year life of the
franchise in the amount of Twenty-one Thousand Dollars
($21,000) per year.
(13) Most projected rate increases of any of the applicants.
5.
Cc) Highest subscriber penetration assumptions of any of the
applicants.
The Cable Television Information Center concluded that Minnesota
Cablesystems had the highest rate of return of any of the three
applicants. (CTIC cautioned that "should the cities decide to award
their franchises to Minnesota, they should establish, for purposes of
rate regulation, that the effects of Minnesota's negative income taxes
will be calculated into the rate of return.")
XVII.
If the selected television company is unable to meet its pro-
jected revenue totals from its financial pro forma, the cities run the
risk of unanticipated rate increases. CTIC, in its final report, said
"Because Minnesota projects the greatest number of both basic and pay
cable subscribers, the risk is greatest with Minnesota that some of
its projected revenue may not be realized. The risk is less with
Teleprompter and least with the projections of Northern of the number
of subscribers over the term of the franchise." The Minnesota Cable-
systems projections of up to seventy percent (70%) basic cable pene-
tration are unrealistic and therefore subject southwest suburban
subscribers to the greatest risk of future rate increases.
XVIII.
An analysis of the Minnesota Cablesystems financial pro formes
projections, done by Peat, Marwick and Mitchell was submitted to the
Commission by Northern Cablevision. Among others, the Peat, Marwick
report makes the following statements:
(a) "In the review prepared by CTIC, they attributed hypotheti-
cal tax savings by individual limited partners back to the
partnership in calculating internal rate of return. We do
not believe this results in an accurate comparison to other
proposals for a number of reasons cited below."
6.
(b) The conclusion that an investor will be able to use the
losses generated ignores the tax law."
(c) "As discussed above, we believe there are many income tax
problems with the information you submitted to us for re-
view. Of specific concern is the use of tax benefits gen-
erated at the partner level to improve the internal rate of
return at the partnership level. We do not believe this
concept is valid in reviewing the partnership operation."
The Commission did not deal with the Peat, Marwick report.
XIX.
Minnesota Cablesystems is a limited partnership between a sub-
sidiary of Canadian Cablesystems, Ltd. owning seventy-five percent
(75%) of the entity, and thirty-three (33) local limited partner
investors, owning twenty-five percent (25%) of the entity. The Cana-
dian local investors, and their residences, are:
Edina - Wayne Courtney
Virginia Shaw
Bernard G. Rice, Jr.
John R. MacLennan
J. R. Cargill
Thomas J. Moore
William F. Greer
William Ramsey
Donald E. Wineberg
Willis F. Shaw and
Margaret Shaw
James Walter Nelson
R. Laurence Johnson
Harold I. Grossman
Robin B. Nelson
Michael W. Wright
Robert E. Fraser
William A. Hodder
Stephen L. Pistner
Hopkins - Paul Slayton
Herbert A. Mason
Irving Apple
Meshbesher, Singer,
Spence, Ltd.
Rice Co.
E.A. Hickok & Associates
Cargill, Inc.
Coca-Cola Bottling
Midwest, Inc.
Burlington Northern
Marigold Foods
Marketing Factor, Inc.
Northwestern National Bank of
Minneapolis
Eberhardt Co.
Kibbey Engineering &
Construction Co.
Gelco Corporation
Self-employed
Super Valu Stores, Inc.
Powell's, inc.
Donaldson Co., Inc.
Dayton-Hudson Corporation
M. H. Hagen Realty
Self-employed
7.
Richfield - Juanita Collins
Gertrude Ulrich
Minnetonka - Sam Higuchi
Richard Stranik
Charles R. Gesme
Richard A. Klingen
Donald F. Hagen
N. Bud Grossman
Peter A. Heegaard
Eden Prairie - Paul Redpath
Frank T. Heffelfinger
Outside Franchise Area
Robert V. Hovelson
E. Thomas Binger
George N. Butzow
A. Skidmore Thorpe
James C. Harris
Alvin S. Zelickson, M.D.
Canadian Cablesystems, Ltd.
Stranik, Inc. (Midas Muffler)
Northwestern National Bank of
Minneapolis
Banker
Real Estate
Gelco Corporation
Northwestern National Bank of
Minneapolis
Peavey Co.
Oxford Development, Inc.
Private Investor
MTS Systems Corp.
Self-employed
Northwestern National Bank
Physician
XX.
Mr. Henry del Castillo, Chief Economist for the Cable Television
Information Center, has said, "whatever profits accrue to the share-
holders, in terms of dividends, have to come from someone. It's not
going to come from the cable company's own pockets. It comes from the
consumer."
XXI.
Local partners can make a significant contribution to the fran-
chise applicant and guarantee responsiveness to local needs, if they
are in a position to control at least fifty percent (50%) ownership of
the applicant. Local limited partners owning less that fifty percent
(50%) of the entity can exercise little or no control or influence
over the operations of the company or the local cable system. For
example, Mr. Bill Craig of Canadian Cablesystems, Ltd. has told the
8 .
Spring Lake Park Cable Commission that "investors are sought by
Minnesota Cablesystems for limited partnerships which basically allows
a person to invest his money and to take write-offs on the investment
while not having a direct say in the day to day operations of the
Company."
XXII.
The Commission adopted a set of Evaluation Criteria and Priori-
ties in its Invitation for Applications. The Commission, on June 16,
1980, the day the bids were submitted, adopted a different set of
priorities and a weighting system that did not appear in the Invita-
tion for Applications.
The Richfield members of the Commission submitted an evaluation
on October 22, 1980. No cable company or member of the public had the
opportunity to review or comment on this evaluation prior to or during
its use as the basic evaluation tool by the Commission. There is some
question as to the validity or objectivity of the Richfield evalua-
tion. For example, an overall weight of forty percent (40%) is given
to the categories of Broadcast Signal Carriage, Special Interest Pro-
gramming, Automated Programming, Pay Services, Tiered Structures, and
FM Audio and Shortwave Services. In the Consultant's recommendations
in those categories, Northern and Teleprompter are both mentioned
twice, Minnesota is mentioned once. However, the Richfield evaluation
ranks Minnesota and Northern first in this group of categories.
XXIII.
The Commission's consultant, the Cable Television Information
Center, has informed the Commission that there is a substantial ques-
tion as to whether Minnesota Cablesystems could provide a quality sig-
nal on channel 5 and 6 for some subscribers on the Universal Tier.
9.
The Commission understands that only the Minnesota Cable Communica-
tions Board can determine whether or not Minnesota Cablesystems' pro-
posal complies with all MCCB rules and regulations. The Commission
further recognizes that if the proposal of Minnesota Cablesystems does
not comply with MCCB rules and regulations in such a way as to pro-
hibit Minnesota Cablesystems from obtaining a Certificate of Confirma-
tion, the franchise granted to Minnesota Cablesystems is invalid.
XXIV.
IT IS THE OPINION OF THE COMMISSION THAT AN EXACT COMPARISON OF
THE PROPOSALS OF THE APPLICANTS IS NOT POSSIBLE IN THAT THERE MAY BE
VARYING JUDGMENTS AS TO THE MERIT OF THE PROPOSALS. THE COMMISSION
FINDS THAT:
(a) THE CTIC EVALUATION OF THE PROPOSALS SHOWS THAT THE NORTHERN
CABLEVISION (STORER BROADCASTING COMPANY) AND MINNESOTA
CABLESYSTEMS (CANADIAN CABLESYSTEMS) OFFERINGS ARE CLEARLY
AND UNARGUABLY SUPERIOR TO THAT SUBMITTED BY TELEPROMPTER.
(b) THE PROPOSALS OF NORTHERN CABLEVISION AND MINNESOTA CABLE-
SYSTEMS ARE ESSENTIALLY EQUAL IN OVER-ALL QUALITY.
(c) TWO MAJOR POINTS SUMMARIZE THE ESSENTIAL DIFFERENCE BETWEEN
NORTHERN AND MINNESOTA.
(1) NORTHERN CABLEVISION OFFERS SIGNIFICANTLY LOWER RATES
TO SOUTHWEST CABLE SUBSCRIBERS.
(2) MINNESOTA CABLESYSTEMS IS A PARTNERSHIP WHICH IS CON-
TROLLED AND 75% OWNED BY CANADIAN CABLESYSTEMS AND 25%
OWNED BY 33 LOCAL INVESTOR/PARTNERS.
(d) THE COMMISSION MUST CHOOSE BETWEEN LOWER RATES OR LOCAL
PARTNERS.
ALTERNATE A
BASED ON ALL OF THE EVIDENCES AND CONSIDERATIONS NOTED ABOVE, IT
IS THEREFORE THE JUDGMENT OF THE COMMISSION THAT MINNESOTA CABLE-
SYSTEMS AND NORTHERN CABLEVISION HAVE PROPOSED EQUALLY GOOD SYSTEMS
10.
BUT THAT THE CABLE COMMUNICATION FRANCHISE SHOULD BE AWARDED TO
MINNESOTA CABLESYSTEMS BECAUSE LOCAL INVESTORS, ALTHOUGH WITHOUT LOCAL
CONTROL, ARE PREFERABLE TO LOWER RATES.
ALTERNATE B
BASED ON ALL OF THE EVIDENCES AND CONSIDERATIONS NOTED ABOVE, IT
IS THEREFORE THE JUDGMENT OF THE COMMISSION THAT MINNESOTA CABLE-
SYSTEMS AND NORTHERN CABLEVISION HAVE PROPOSED EQUALLY GOOD SYSTEMS
BUT THAT THE CABLE COMMUNICATION FRANCHISE SHOULD BE AWARDED TO
NORTHERS CABLEVIS/ON BECAUSE LOWER CONSUMER RATES ARE PREFERABLE TO
LOCAL INVESTORS, WHERE THE LOCAL INVESTORS DO NOT HAVE CONTROL.
11.
December 16, 1980
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-236
RESOLUTION VACATING EASEMENTS ON LOTS
9 and 10, BLOCK 15, BLUFFS WEST
WHEREAS, the City of Eden Prairie has certain right-o
f
-
w
a
y
d
e
s
c
r
i
b
e
d
as follows:
The westerly 5 feet lying southerly of the north 10
f
e
e
t
and northerly of the south 5 feet of Lot 9, Block 15,
Bluffs West, and
The easterly 5 feet lying southerly of the north 10
f
e
e
t
and northerly of the south 5 feet of Lot 10, Block 1
5
,
Bluffs West.
WHEREAS, a public hearing was held on December 16, 1
9
8
0
,
a
s
required by law, and
WHEREAS, it has been determined that good area plann
i
n
g
r
e
q
u
i
r
e
s
that this easement be vacated and that it would be i
n
t
h
e
p
u
b
l
i
c
i
n
t
e
r
e
s
t
to do so.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie
C
i
t
y
C
o
u
n
c
i
l
as follows:
1. Said right-of-way as above described is hereby vacat
e
d
.
2. A certified copy of this resolution shall be prepare
d
b
y
t
h
e
City Clerk and shall be a notice of completion of th
e
p
r
o
-
ceedings and shall be recorded in accordance with t
h
e
p
r
o
-
vision of M.S.A. 117.19.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL
John D. Franc, City Clerk
December if, 1980
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-234
RESOLUTION ORDERING IMPROVEMENTS
(I.C. 51-382)
WHEREAS, a resolution of the City Council adopted the 18th day
of November, 1980, fixed the 16th day of December, 1980, as the dat
e
f
o
r
a public hearing on the following proposed improvements:
I.C. 51-382, Sanitary sewer and watermain
laterals on Willow Creek Road and Flying
Cloud Drive.
WHEREAS, all property owners whose property is liable to be
assessed for the making of this improvement were given ten days publ
i
s
h
e
d
notice of the Council hearing through two weekly publications of the
r
e
-
quired notice and the hearing was held and property owners heard on
t
h
e
16th day of December, 1980,
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
1. Such improvement as above indicated is hereby ordered.
2. The City Engineer is hereby designated as the Engineer for
this project and is hereby directed to prepare plans and
specifications for the making of such improvement.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
December 16, 1980
511 OF MINNESOTA
CAME EDEN PRAIRIE
COUNTY OF HENNEPIN
The following_ accounts were audited and allowed as follows:
4303 HENNEPIN TECHNICAL CENTERS
1E4 INTERCONTINENTAL PACKAGING CO.
4305 ED. PHILLIPS & SONS
4306 BUTCH'S BAR SUPPLY
4307 GRIGGS, COOPER & CO., INC.
4303 PAUSTIS & SONS
4309 TWIN CITY WINE CO.
4310 INTERNATIONAL UNION OF OPERATING
4311 MINNESOTA STATE BD. OF ASSESSORS
4312 PETTY CASH
4313 PRAIRIE VILLAGE MALL ASSOCIATES
4314 JASPERS, MORIARTY & WALBURG
4315 NORTH STAR CHAPTER, I.C.B.O.
4316 HOPKINS POSTMASTER
4317 ATOM
1318 E.P VOLUNTEER FIRE DEPT. RELIEF
4219 HOPKINS BOWL
4 ,20 JOHNSON BROTHERS WHOLESALE
1321 INTERCONTINENTAL PACKAGING CO.
GRIGGS, COOPER & CO., INC.
TWIN CITY WINE CO.
474 ED. PHILLIPS & SONS CO.
4325 MINNESOTA DISTILLERS, INC.
$26 OLD PEORIA COMPANY, INC.
4327 PDQ FOOD STORES
328 MRPA ATHLETIC SEC. PUBLICATIONS
1329 FEDERAL RESERVE BANK
4330 AETNA LIFE INSURANCE
4331 UNITED WAY OF MINNEAPOLIS
4332 PERA
4333 BEER WHOLESALERS INC.
4334 COCA-COLA BOTTLING MIDWEST INC.
4335 DAY DISTRIBUTING CO.
4336 EAST SIDE BEVERASE CO.
4337 GOLD MEDAL BEVERAGE CO.
338 LEDING DISTRIBUTING
4339 PEPSI/7-UP BOTTLING CO.
4310 ROUILLARD BEVERAGE CO., INC.
311 THORPE DISTRIBUTING
1312 RUSSELL & MILLER INC.
4343 PETTY CASH
314 ACRO-MINNESOTA, INC.
1345 LEAH ADAMS
3:16 AMERICAN NATIONAL BANK & TRUST
41 AMERICAN SOCIETY OF LANDSCAPE
EARL F. ANDERSEN & ASSOCIATES
.'.349 RON ANDERSON
350 ASSOCIATED OIL BURNER SERVICE
551 AS1LEFORD EQUIPMENT CO., INC.
Conference-Planning Dept.
Wine
Liquor
Supplies-Liquor Store
Liquor
Wine
Wine
Dues
Fee-Assessing Dept.
Postage
Rent-Liquor Store
Land-Miller Park
Dues-Building Dept.
Postage-Winter Outings Brochure
Registration fee-Police Dept.
Pension fund-Fire Dept
Fees-Adaptive Recreation Program
Liquor
Wine
Liquor
Wine
Liquor
Liquor
Liquor
Gasoline-Squad cars
Books-Rec Dept.
Payroll
Payroll
Payroll
Payroll
Beer
Mixes
Beer
Beer
Mixes
Beer
Mixes
Beer
Beer
Supplies-Liquor Store
Expenses
Office supplies
Refund-Rec Dept.
Bond payment
1981 Dues-Park Dept.
Signs-Bikeway
Refund-Rec Dept.
Repair furnace-Historical Culture Center
Equipment repair & parts
$ 60.00
138.56
2,756.69
31.20
1,845.14
156.75
238.33
288.00
6.00
10.00
2,071.53
147,400.00
20.00
439.32
15.00
23,088.49
17.00
1,534.13
928.25
3,005.96
424.42
5,023.93
1,346.75
3,055.91
17.00
8.00
12,487.63
1,038.00
29.50
9,273.53
2,859.95 ,
217.55
1,494.55 ;
3,870.10
199.85
2,136.00
274.20 ,
782.67
4,072.40
67.50
64.79
234.13
19.20 J
357,893.73
115.00
240.10
16.00 , 149.9 6 j
42.51 1
Pogo two
!11.2cember 16, 1980
4311 DON ATKINS
4353 BRW
4354 BLACK & VEATCH
1555 BLOOMINGTON LOCKSMITH COMPANY
4356 BLOOMINGTON CHRYSLER-PLYMOUTH
4357 BLOOMINGTON RUBBER STAMP CO.
4348 BRAUER & ASSOCIATES LTD. INC.
4359 BRAUN ENGINEERING TESTING, INC.
4360 LES BRIDGER
4361 BROAN PHOTO
4562 BRYAN ROCK PRODUCTS, INC.
4363 STEPHEN CALHOON
1354 CAPITOL ELECTRONICS, INC.
4365 CASE POWER & EQUIPMENT
1355 CASH REGISTER SALES, INC.
4 367 CASH REGISTER SALES, INC.
4353 CAROLYN CASSOLA
4369 CHANHASSEN AUTO PARTS
•370 CHAPIN PUBLISHING COMPANY
4371 CITY OF EDINA
131 CLUTCH & TRANSMISSION SERVICE.
3 CLUTCH & U-JOINT BURNSVILLE, INC.
1374 COMMUNITY DANCE CENTER
4375 COPY EQUIPMENT, INC.
4376 WARD F. DAHLBERG
-377 DALCO
4378 DORHOLT PRINTING
!379 EDEN PRAIRIE NEWS
4 530 EDEN PRAIRIE SANITATION CO.
4381 EDEN PRAIRIE SCHOOL DISTRICT #272
4332 ELVIN SAFETY SUPPLY, INC.
3 333 ESS BROTHERS & SONS INC.
4334 FIRE SAFETY & COMMUNICATIONS
1385 FLYING CLOUD OIL CO.
4 336 STUART FOX
087 JOHN FRANE
4383 FRONTIER LUMBER & HARDWARE
4339
G.L. CONTRACTING, INC.
4390
GARWOOD TWIN CITIES
4391
GENERAL COMMUNICATIONS, INC.
4392
GENERAL ELECTRIC COMPANY
4393
DANA GIBBS
4394
CATHY GILMORE
GLEN LAKE BAKERY INC.
DALE GREEN CO.
4397
GROSS INDUS1RIAL SERVICES
4.398
GUNNAR ELECTRIC COMPANY INC.
4399 HACH
Mulch-Prairie East
Service-Lake Eden Park, TH & West 78th
Street & Mitchell Road, Homeward Hills Road
Service-Water Treatment Plant
Keys-Water Dept.
Equipment repair & parts
Stamp-Conmunity Service
Service-Purgatory Creek
Service-Anderson Lakes Road, Chatham Woods,
Shady Oak Ind. Park, Round Lake Road, Cardinal
Creek
Expenses-Police Dept.
Film
Rock-Bikeway
Mileage
Equipment repair & parts
Equipment rental-Bikeway
Equipment rental-Liquor Store
Equipment maintenance-Liquor Store
Instructor-Rec Dept.
Equipment repairs & parts
Legal ads
Tests
Cable Assy-Street Dept.
Equipment parts-Community Service
Aerobic Dance Instructor
Supplies-Planning Dept.
Mileage
Cleaning supplies-Water Dept.
Office supplies
Ads
Service
Custodial Service
Vapor masks-Water Dept.
Manhole covers-Sewer Dept.
Tractor lights-Park Dept., fire extinguishers-
Street Dept.
Fuel-Historical Culture Commission
Mileage
Expenses
Screen moulding-Senior Center, fence posts-Bike-
way, insulate garage doors-Public Works
Sludge removal
28,800.00
Parts-Snow plow for Park Dept. ,99.01
Antenna-Police Dept. 78.60
Radio equipment-Water Dept;
187.09
Packet delivery
182.04
Refund-Rec Dept. 12.00
Election supplies
31.32
Black dirt
30.00
Service
72.31)
Wire chemical feeder & dust collector-Water
1,493.72 :
Lab supplies-Water Dept. 98.14-
625.00
3,543.73
32,849.76
16.25
14.12
26.20
3,000.00
1,518.63
6.06
71.70
9,985.44
24.92
30.00
1,200.00
150.00
310.00
15.00
786.19
133.77
81.00
59.92
80.95
849.00
45.00
10.64
20.00
302.65
494.57
60.50
832.43
25.43
156.00
708.43
186.01
16.15
116.20
571.37
Lwie three
cember 16, 1980
Expenses 28.75
Shield for tractor-Park Dept. 38.87
Creekwood Park taxes - 110.72
Equipment rental-Community Service 5,424.20
Fee-Senior Citizens 20.00
Repair tarp-Landfill fire 11.55
Equipment repair & parts 351.82
Equipment repair & parts 130.26
Equipment repair & parts 682.91
Mileage 30.09
Truck rental-Bikeway 4,163.50
Expenses 17.95
Posts-Bikeway 189.08
Extension cords, screws, knife-City Hall, keys, 576.63
lantern-Street Dept., flashlight bulbs, batteries,
cleaning supplies-Police Dept., washers, bolts,
snow brushes, locks, clamps, concrete mix, paint,
staplegun, pick, plastic-Park Dept., paint, rollers,
bruches, trays, tool box-Water Dept.
Temporary help-Finance Dept. 199.51
Program coordinator-Adaptive Recreation 400.00
Wall cork-Community Service, Pipe, paint-Water 227.73
Rivets, plow guides-Park Dept. 28.92
Equipment repair & parts 337.10
Service
146.84
Service
1,497.96
Post hole digger-Park Dept. 871.25
Freight charges-Water Dept. 30.24
Service-Eden Prairie Community Center
36,900.00
Floor paint-Water Dept. 99.75
Towing Service 85.00
Oxygen-Fire Dept. 27.30
Service 59.00
Happenings newsletter 778.00
Blacktop
18,788.03
Basketball registration-Rec Dept. 126.00
1981 Dues-Park Dept. 50.00
Firearm Safety Certificates-Park Dept. 60.00
Sealant-Water Dept. 18.26
Service
1,110.65
Service 161.16
Bond payment
155,328.14
Service 6.31
Service
4,788.81
Service
2,459.37
Bond payment
605,189.65
Book-Community Service
4.50
Choker-Conmunity Service ' 61.08
Instructor-Rec Dept. 400.00
Lime analysis-Water Dept. 17.00
Legal service 97.25
Expenses
27.11
,'.40111
JACK HACKING
HARMON GLASS
402
HENNEPIN COUNTY FINANCE DIVISION
HENNEPIN COUNTY FINANCE DIRECTOR
;4 04
HENNEPIN COUNTY LIBRARY
::05
HOIGAARD'S :1r;6
HOPKINS DODGE SALES, INC.
0 7
HOPKINS FIRESTONE DEALER STORE
e 4 33
HOPKINS PARTS CO.
:09
HOWARD HUNT
:I 0
INGRAM EXCAVATING
1. JEAN JOHNSON
JUSTUS LUMBER COMPANY
KARULF HARDWARE INC.
1414 KELLY SERVICES, INC.
15 NANCY KODADEK
16 .KRAEMER'S HOME CENTER
LAHASS MEG. & SALES, INC.
.:18 LANK() EQUIPMENT, INC.
111 LEEF BROTHERS INC.
LOGIS
7:21 LONG LAKE FORD TRACTOR
:.22 LAKEVILLE MOTOR EXPRESS
MAGNEY CONSTRUCTION
';24 MARTEX SAFETY PRODUCTS
MATT'S AUTO SERVICE, INC.
MEDICAL OXYGEN & EQUIPMENT CO.
27
METRO FONE COMMUNICATIONS INC.
METRO PRINTING INC.
-4 29
MIDWEST ASPHALT CORPORATION
30
VOID OUT CHECK
:31
MRPA TEAM REGISTRATION
MINNESOTA RECREATION & PARK
MINNESOTA STATE TREASURER
;34
MINNESOTA VALVE & FITTING CO.
,:35
MUNICIPAL & PRIVATE SERVICES
MINNESOTA GAS COMPANY
NATIONAL CITY BANK OF MPLS.
NORTHERN STATES POWER COMPANY
NORTHERN STATES POWER COMPANY
-410
NORTHWESTERN BEAL TELEPHONE
NORIMIESTERN NATIONAL BK OF MPLS
4 '42
OFFICE OF THE STATE REGISTER
OLSEN CHAIN & CABLE
TAMRE O'BRIAN
PACE LABORAWRIES, INC.
:46
PFRBIX, HARVEY & TI 101111
4147
PETTY CASH-PUBLIC SAFETY
Page four
:::clirer 16, 1980
1:48 POWER SYSTEMS Hoses-Street Dept. 43.63
4449 RAPID COPY, INCORPORATED Liquor ID Cards 9.00
1450 REGISTER PUBLISHING COMPANY Ads-Liquor Store - 64.00
4451 JEANNE REUTER Program leader-Adaptive Recreation 120.00
4452 RIEKE-CARROLL-MULLER ASSOCIATES Service-Industrial Road Utilities, High Trails 43,542.43
Swr & Wtr, Pedestrain Bridges, Valley View Road,
Shady Oak Extension, Cardinal Creek Estates, Norseman
Industrial Park, Rymarland Camp 2nd Addition, Lake
Idlewild Drainage, Sunset Trails Estates Utilities,
Gonyea Development Drainage
Plow Staring Lake 225.00
Service-Cypress Lane 69.00
Portable Restrooms 56.76
Refund-Rec Dept. 24.00
Sod-Bikeway 174.60
Service-Chatham Wood 847.94
INCORP. Service-Eden Prairie Community Center 3,977.13
Refund-Rec Dept. 5.00
Paint-Public Works 7.80
Equipment repair & parts 67.36
Mileage 76.19
Minutes for Park & Rec Dept 49.00
Equipment repair & parts 580.80
Supplies-Water Dept. 150.60
Chlorine liquid-Water Dept. 258.0
Equipment parts-Water Dept. 164.01
Rock-Bikeway 3,715.8 0
Valve Box & Hydrant parts 1,184.44
Instructor-Rec Dept. 360.0C
Service 1,152.7?
Hose-Park Dept. 11.83
Printing of City Radio call numbers 15.55
Architectual photography 1,865.30
Street signs 8,246.10.
Covering hay-Round Lake 156.25
Refund variance request-Engineering Dept. 25.0C
Service 48.10
Home Improvement Grant Program 6,315.00
Fuel-Grill House 245.33
Warning signs 79.95
Service-Sunset Trails Estates 10,146.4 0
Service-Hidden Ponds & Creekwood Park 22,847.93
Service-Rymarland Camp 2nd Addition 69,968. c:
Service-Cardinal Creek 2nd Addition 22,831.70
Service-Norseman Industrial Park 4th Addition 29,458.20
Service-Cardinal Creek Addition 20,178.20
1153 PAUL ROGERS
:154 ROOT-O-MATIC
4455 SATELLITE INDUSTRIES, INC.
4456 YOLANDA SAVARYN
:457 SCHMIDT SOD COMPANY
-;58 SCHOELL & MADSON, INC.
4459 SMILEY GLOTTER ASSOCIATES
1 160 W. GORDON SMITH CO..
;461 JOHN SORENSEN
1462 SUBURBAN CHEVROLET CO.
1 163 STEPHEN SULLIVAN
:•464 'CARRIE TIETZ
165 TOWNS EDGE FORD, INC.
UNITED LABORATORIES
VAN WATERS & ROGERS
VESSCO
RIVER WARREN AGGREGATES
WATER PRODUCTS COMPANY
LYNN WIEDEWITSCH
XEROX CORPORATION
ZECO COMPANY
INSTY PRINTS
DIMENSIONAL PHOTO-GRAPHICS
EARL F. ANDERSEN & ASSOCIATES
DON ATKINS
RON KRUEGER & ASSOC.
NORTHWESTERN BELL TELEPHONE
PRAIRIE CONSTRUCTION
W. GORDON SMITH CO.
WARNING LITES, INC.
BROWN & CRIS, INC.
BROWN & CRIS, INC.
BROWN & CRIS, INC.
BROWN & CRIS, INC.
BROWN & CRIS, INC.
BROWN & CRIS, INC.
VOID OUT CHECK
BROWN & CRIS, INC.
BROWN & CRIS, INC.
BROWN & CRIS, INC.
BURY & CARLSON, INC.
F.F. JEDLICKI INC.
4 468
-.169
1170
471
4472
1473
4474
1 475
1476
-177
4478
:179
4480
4481
4.432
4133
4434
4135
486
7 1B7
;489
-4X
41,
449
.1493
1494
Service-Dell Road
Service-High Trails Estates Utilities
Service-Valley View Road
Service-Hipps 4th Addition
Service-Sanitary Sewer & Watermain
23,466.e
58,257.21
30,778.92
3o-Y2-
ragtiVe
r .ece ber 16, 1980
1495 NOOLAND ASSOCIATES, INC.
.;496 NODLAND ASSOCIATES, INC.
.:497 NORTHERN CONTRACTING, INC.
198 PROGRESSIVE CONTRACTORS, INC.
•499 SHAFER CONSTRUCTION CO., INC.
4500 Sandy Wefts
• Service-Industrial Drive Utilities
Service-Chatham Wood Addition
Service-Round Lake Area Utilities
Service-Valley View Road Phase Ii
Service-Anderson Lakes Parkway, Homeward
Hills, Lake Eden Park
Mileage
5,790.50
34,408.45
17,344.25
88,971.74
74,540.69
30.21
TOTAL W216,341.08
December 3, 1980
REQUEST TO USE THE HOME AT 8480 FRANLO ROAD AS AN
ADOLESCENT TREATMENT FACILITY
Notice is hereby given that the Eden Prairie City.
Council will meet in the Eden Prairie City Rail,
8950 Eden Prairie Road, on Tuesday, December 16,
1980 at 7:30 PM, and will during said meeting
consider an amendment to the Dr. Paul Belvedere
Agreement to use the house located at 8480 Frani()
Road, described as Tract A, R.L.S. 4168, Hennepin
County, for Louis House, a residential adolescent
treatment facility.
All comments, suggestions and/or inquiries should
be submitted in advance of the meeting or at the
meeting. A cony of the proposed plan is on file
at the City Hall, and may be inspected between
the hours of 8 am to 4:30 pm, Monday through Friday.
ir
TO CA
E q'jt „78-16)PUT3
EG -
SER 11011•1n 11 1011111121
VIETl 1 -.
CERTIFICATE OF MAILING NOTICE
STATE OF MINNESOTA )
COUNTY or HENNEPIN ) SS.
CITY OF EDEN PRAIRIE)
I, the undersigned, being the duly qualified acting City Clerk
of the City of Eden Prairie, Minnesota, hereby certify that on
the following date October 20 , 19 80 , acting on be-
half of said City, I deposited in the United States mail copies
of the following: below described addresses for Belvedere
Interim Use Amendment for Louis House before the Planning
Commission Oct. 27, 1980
enclosed in sealed envelopes with postage thereon duly postpaid,
addressed to the persons at the addresses as shown on the mail-
ing list described below (filed in Planning Department). Said
persons being those appearing on the recorder of the County
Auditor as owners of the properties listed and described were
mailed the notice as of a date 8 days prior to the
meeting.
NAME ADDRESS
SECTION 14
34-0003 Belvedere 585 Southdale Med. Bldg.6545 France Ave.So. Edina 55435
0011 Preserve 11111 Anderson Lakes parkway, Eden Prairie, 55344
0013 Westerhaus 8470 Franlo Road Eden Prairie, Mn. 55344
0012 Robert Bouten 5049 9 Mile Creek Circle,Bloom. 55437
43-0005 Karsko 8511 Franlo Road, Eden Prairie, Mn. 55344
34-0014 Preserve
43-0004 Nygaard 11900 Franlo Road, Eden Prairie, Mn. 55344
34-0006 Pufahl
-0018 Preserve
0016 SLP Coro, 1500 Midwest Plaza Bldg. Mpls., Mn. 55402
43-0009 Eden Prairie
0001 Benson Holmes 521 Reserve Ave Hot Springs, Arkansas 71901
0008 Eden Prairie
0002 Blesener 8561 Frani() Road Eden Prairie, Mn. 55344
0003 Helen Brown 5624 Upton Ave So. Mpls., Mn. 55410
34-0004 Charles Pufahl 8560 Frani° Road
0005 Harvey Pufahl 8510 Franlo Road
Witness by hand and the seal of said City this 20 day of
OLtober , 1980.
Cjiv2.4-11??9 -krizi-e-h..
Jean M.:Johnson
SEAL
A13'43
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To: Mayor and Council
From: John Frane
Date: November 28, 1979
RE: M.I.D.B.'s Douglas and Roy Olson/Eagle Drug - $1,200,000
Eagle Drug is a cooperative purchasing organization of about sixty retail
drug stores. The Olsons who are members of the Eagle organization propose
to construct a distribution center to serve Eagle members. This building
will replace their present facility which is too small. Eagle estimates
their operation will initially occupy 50Z of the 60,000 square foot building
and employ 27 persons. The total project cost is $1,450,000. Resolution
479-221 is attached for your consideration.
Date: December 12, 1980
This project received a preliminary one year approval at the December 4, 1979
meeting. The Olsons have requested a extension to February 3, 1980 at which
time their final documents will have been reviewed and approved by the City
Attorney's office.
3cs3S
TO: Mayor and City Council
FROM: John D. Frane, Finance Director
DATE: December 12, 1980
RE: Resolution 80-238 - Amending the 1980 Budget
The final figures were not available as of Friday and will be
available at the Council meeting on December 16th. It does
not appear that the budget total will need adjustment but
some minor shifting between programs may be necessary.
JDF:bw
12/12/80
To: Mayor & City Council
From: John Frane, Finance Director
Date: December 15, 1980
Re: 1980 Budget Adjustments
Resolution 80-238 amends some of the program expenditures in the
1980 Budget; the total budgeted expenditures remain unchanged.
The reasons for the adjustments are:
+ $ 1000 Public Information - Mailing Costs
+ 3000 Elections - Personal Services
+ 4000 Fire - Equipment Repairs
+ 5000 Prosecution - Increased Activity
+ 27000 Park Maintenance - The budget anticipated
manpower transfer of $39,000 from park maintenance to
tree disease. Because of the low incidence of tree
problems, this manpower transfer was not necessary.
The General Fund unappropriated fund balance should remain about
the same at $595,000 after deducting 190,000 which was appropriated
to the 1981 Budget and reserving 125,000 for land purchases around
the City Hall.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 80-238
A RESOLUTION AMENDING THE 1980 BUDGET
BE IT RESOLVED by the Eden Prairie City Council that the 1980 Budget
be amended as follows:
Expenditures
Public Information
Elections
Reserve
Engineering
Police
Fire
Park Maintenance
Leisure Skill Development
Teen Activities
Prosecution
Net change
ATTEST:
+ $ 1000
+ 3000
- 9000
27000
4000
• 4000
+ 27000
• 3000
3000
• 5000
$ 0
Wolfgang H. Penzel, Mayor
SEAL
John D. Frane, City Clerk
To: Mayor & City Council
From: John Frane, Finance Director
Date: December 15, 1980
Re: 1980 Budget Adjustments
Resolution 80-238 amends some of the program expenditures in the
1980 Budget; the total budgeted expenditures remain unchanged.
The reasons for the adjustments are:
+ $ 1000 Public Information - Mailing Costs
+ 3000 Elections - Personal Services
+ 4000 Fire - Equipment Repairs
+ 5000 Prosecution - Increased Activity
+ 27000 Park Maintenance - The budget anticipated
manpower transfer of $39,000 from park maintenance to
tree disease. Because of the low incidence of tree
problems, this manpower transfer was not necessary.
The General Fund unappropriated fund balance should remain about
the same at $595,000 after deducting 190,000 which was appropriated
to the 1981 Budget and reserving 125,000 for land purchases around
the City Hall.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 80-238
A RESOLUTION AMENDING THE 1980 BUDGET
BE IT RESOLVED by the Eden Prairie City Council that the 1980 Budget
be amended as follows:
Expenditures
Public Information
Elections
Reserve
Engineering
Police
Fire
Park Maintenance
Leisure Skill Development
Teen Activities
Prosecution
Net change
+ $ 1000
+ 3000
- 9000
27000
4000
+ 4000
+ 27000
+ 3000
3000
+ 5000
Wolfgang H. Penzel, Mayor
SEAL
ATTEST:
John D. Frane, City Clerk